Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 112 CONGRESS, SECOND SESSION

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

Vol. 158 WASHINGTON, TUESDAY, JANUARY 31, 2012 No. 15 Senate The Senate met at 10 a.m. and was appoint the Honorable RICHARD RETIREMENT OF ALAN FRUMIN called to order by the Honorable RICH- BLUMENTHAL, a Senator from the State of Mr. REID. Mr. President, for a few ARD BLUMENTHAL, a Senator from the Connecticut, to perform the duties of the weeks in March 2010, Alan Frumin was State of Connecticut. Chair. DANIEL K. INOUYE, one of the most talked about men in President pro tempore. PRAYER the entire city of Washington. The Sen- Mr. BLUMENTHAL thereupon as- ate was poised to send a historic health The Chaplain, Dr. Barry C. Black, of- sumed the chair as Acting President care reform bill to President Obama’s fered the following prayer: pro tempore. desk for him to sign, but the usual pro- Let us pray. cedural hurdles stood in the way. Eternal spirit, You are our only safe f haven. Give our Senators this day the Health care policy staffers were courage and strength of spirit to con- RECOGNITION OF THE MAJORITY camped out in Alan Frumin’s office tinue to serve You and country. Rein- LEADER studying Senate procedure and precedent. But despite the pressure, despite force within them the belief that with The ACTING PRESIDENT pro tem- Your help, they can make a sub- the national spotlight, Mr. Frumin re- pore. The majority leader is recog- mained calm and professional through stantive difference in their Nation and nized. world. May they refuse to cower in ad- what must have been one of the most versity, to compromise bedrock prin- f intense moments of his career. For a ciples, or to turn their backs on those very few weeks, every Capitol Hill re- who need them most. Restore in them SCHEDULE porter knew his name for sure. His re- spectable face was on every political an equanimity of temperament that Mr. REID. Mr. President, following news blog. Every political science pro- can dispel their doubts and fears. leader remarks, the Senate will be in a fessor talked about him. Even a few Lord, today we thank You for the period of morning business until 11:30 folks outside the beltway learned what nearly four decades of faithful service a.m. The majority will control the first on Earth was a Senate Parliamen- by Alan Frumin, our Parliamentarian, half and the Republicans will control tarian. What do they do? He was briefly as he prepares to retire. the final half. Following morning busi- a Washington celebrity. But for those We pray this prayer in Your merciful ness, the Senate will begin consider- of us who work in the Senate, Alan Name. Amen. ation of the STOCK Act. Senators will Frumin has always been a star, even f be notified when votes are scheduled. when very few of us knew who he was PLEDGE OF ALLEGIANCE f or what job he did. But it did not take The Honorable RICHARD BLUMENTHAL us long after coming to the Senate to led the Pledge of Allegiance, as follows: MEASURE PLACED ON THE learn that quickly. I pledge allegiance to the Flag of the CALENDAR—S. 2041 Alan has served in the Office of the United States of America, and to the Repub- Mr. REID. Mr. President, I am told Secretary of the Senate since 1977. In lic for which it stands, one nation under God, that S. 2041 is at the desk and is due for his 18 years as chief Parliamentarian, indivisible, with liberty and justice for all. a second reading. he has made countless difficult deci- f The ACTING PRESIDENT pro tem- sions with composure. He has a knowl- APPOINTMENT OF ACTING pore. The clerk will read the bill by edge of complex rules that certainly PRESIDENT PRO TEMPORE title for the second time. would be deemed to be extraordinary. The legislative clerk read as follows: These are rules that are convoluted, The PRESIDING OFFICER. The and procedures are somewhat unique. clerk will please read a communication A bill (S. 2041) to approve the Keystone XL pipeline project and provide for environ- But he understands every one of them. to the Senate from the President pro mental protection and government over- He is, above all, impartial to a fault. tempore (Mr. INOUYE). sight. I have been upset at Alan a few times The assistant legislative clerk read Mr. REID. Mr. President, I would ob- when I wished he were not so impar- the following letter: ject to further proceedings with respect tial, but he has always been impartial. U.S. SENATE, to this bill at this time. That is why he is the only Parliamen- PRESIDENT PRO TEMPORE, Washington, DC, January 31, 2012. The ACTING PRESIDENT pro tem- tarian ever to be hired by both Demo- To the Senate: pore. Objection having been heard, the cratic and Republican leaders to serve Under the provisions of rule I, paragraph 3, bill will be placed on the calendar in this crucial role. In fact, he was re- of the Standing Rules of the Senate, I hereby under rule XIV. tained in his position despite a change

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

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VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with S176 CONGRESSIONAL RECORD — SENATE January 31, 2012 of Senate control four times by five the STOCK Act—a bill, incidentally, I have yet to see a survey in the past different majority leaders. that was coauthored by two Repub- year that shows Americans agreeing One cannot be an effective Parlia- licans. I am glad the majority leader is with the President on the direction of mentarian without being fairminded going to allow amendments for a the country or the economy. The ones and judicious, but Alan Frumin also change. Up until a few years ago, the I have seen all say the opposite. Wide brings to the job a willingness to hear Senate has been known as a forum for bipartisan majorities believe the coun- both sides of an argument and consider open-ended debate. The minority party try is on the wrong track. every side of the issue. He has patience. may not have always gotten its way, For small business owners, the people I have never heard him raise his voice. but at least it knew it would always be we are counting on to create jobs in I never saw him to be agitated. He is heard. It is something we have not this country, the numbers are even always calm and cool. What a wonder- done nearly enough of in these past few starker. According to a recent survey ful example he is for all of us. years. I hope it does not prove to be a conducted by the U.S. Chamber of The truth is, Senate Parliamentar- false promise. I expect Senators on Commerce, 85 percent—85 percent—of ians aren’t simply appointed, they both sides of the aisle will have a num- small business owners say the economy grow into the job. So I am pleased that ber of amendments to this legislation. is on the wrong track. Eighty-four per- the talented Elizabeth MacDonough, But one thing that stands out is the cent of them say the size of the na- who has worked for Alan for a decade, fact that the President is calling on tional debt makes them unsure about will succeed him. Elizabeth will be the Congress to live up to a standard he is the future of their businesses. Eighty- sixth person to hold the job of Parlia- not requiring of his own employees. So six percent worry that regulations, re- mentarian since it was created in 1935, I think we can expect at least one and the first woman. She steps into strictions, and taxes will hurt their amendment that calls on executive ability to do business. Just about very large shoes. branch employees to live up to the I will miss Alan’s experience and three-quarters of them say the Presi- same standards they would set for oth- guidance greatly, but I wish him all of dent’s health care bill will make it the best in his retirement. But he is ers. If the goal is for everyone to play harder for them to hire. In other words, really not going to retire; he is going by the same rules, that should not it is a huge drag on job creation. to continue to edit Riddick’s Senate mean just some of us, and it certainly If I were the President, I would prob- Procedure, the official book of Senate should not leave out those in the exec- ably rather be talking about Congress procedure, and no one is more qualified utive branch who, after all, have access too. I understand why he would rather than Alan to do this. to the most privileged information of be talking about what Congress may or Congratulations, Alan. Thank you all. may not do rather than what he has al- very much for your service. So the goal in the course of this floor ready done. He would rather be talking debate will be to make sure the execu- f about what Congress may or may not tive branch—those most likely to take do rather than what he has already RECOGNITION OF THE advantage of insider information—is done. But he has a job to do. He was REPUBLICAN LEADER fully and adequately covered by this elected to do something about the The ACTING PRESIDENT pro tem- regulation. problems we face, not blame others for pore. The Republican leader is recog- But let’s be clear. President Obama is our problems. He was elected to take nized. not interested in this bill because it responsibility for his own actions, not Mr. MCCONNELL. Mr. President, let would address the Nation’s most press- pretend they somehow never happened. me also add some words about Alan ing challenges. Of course it will not. He Today the Congressional Budget Of- Frumin. For those who are not aware is interested in it because it allows him fice will release an annual report on of what the Parliamentarian does to change the subject. The more folks the Nation’s finances. We do not know around here, he is sort of like an um- are talking about Congress, the less all the particulars, but I can tell you pire in a ball game calling balls and they are talking about the President’s this: It will not paint a very rosy pic- strikes. It should not surprise anyone own dismal economic record. Frankly, ture. Our fiscal problems are serious, to hear that we have not always agreed for a President who has presided over a and every day that the President re- on those calls. But it is not an easy job 43-percent increase in the national debt fuses to address them, they become to be an umpire for 100 Senators. It is in just 3 years and the stain of the first harder to solve. not easy to keep up with 200 years of ever downgrade of America’s credit rat- So my message to the White House precedents. And to Alan’s credit, he ing, I can certainly understand why he this morning is simple: It is time to never hesitates to admit when he would want to change the subject. I thought he got something wrong. lead. can see why he would rather be talking I yield the floor. Alan has a deep love for the Senate about Congress or the Super Bowl or f and the people who make it work. the weather or anything other than his From the elevator operators and the own failed economic policies. But the RESERVATION OF LEADER TIME cooks to the most senior Senators, he problems we face are too grave and too The ACTING PRESIDENT pro tem- keeps up relationships with all of urgent, and every day the President them. He cares a lot about this institu- pore. Under the previous order, the spends time trying to change the topic tion, and he has the service to show for leadership time is reserved. instead of changing the direction of the it. f economy is another day he is failing As the majority leader indicated, MORNING BUSINESS Alan has been here since 1974—longer the American people who elected him. Now, the President can pretend he than all but just a handful of us. So he The ACTING PRESIDENT pro tem- has really seen it all. We will miss his just showed up. He can try to convince pore. Under the previous order, the devotion and his intellect. We are glad people, as he tried to do this weekend, Senate will be in a period of morning he has been able to spend more time that the economy is moving in the business until 11:30 a.m., with Senators with his wife Jill and his daughter right direction, but he is not fooling permitted to speak therein for up to 10 Allie. I know they love to travel. Hope- anybody. Americans know we are liv- minutes each, with the time equally di- fully they will be able to do more of ing in an economy that has been vided and controlled between the two that. weighted down and held back by legis- leaders or their designees, with the ma- Thank you, Alan, for four decades of lation he passed with the help of a big jority controlling the first half and the service to this institution we all love Democratic majority in each House of Republicans controlling the final half. and admire, and good luck in every- Congress. Americans know we are liv- The ACTING PRESIDENT pro tem- thing that lies ahead. ing in the Obama economy now—we are pore. The Senator from Illinois. living in the Obama economy right f f now—and they are tired of a President STOCK ACT who spends his time blaming others for RETIREMENT OF ALAN FRUMIN Mr. MCCONNELL. Mr. President, last an economy he put in place. They want Mr. DURBIN. Mr. President, many night the Senate voted to proceed to the President to lead. years ago when I graduated from

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with January 31, 2012 CONGRESSIONAL RECORD — SENATE S177 Georgetown Law School, I was offered both in the House and the Senate. I am closure of those transactions that a job by the Lieutenant Governor of Il- glad he is going to continue at least on Members of Congress—in this case Sen- linois, Paul Simon. He asked if I would the research side to establish a body ators—engage in that might or could join his staff in Springfield, IL, in the precedent that will guide the Senate have some relationship to information State capital and if I would serve as his and the Congress in the years to come. they learned in their official capacity. senate parliamentarian. I jumped at Alan, thank you so much for all the I quickly add that this is a challenge the chance. I was in desperate need of service you have given to the Senate, because, honestly, in our work in the a job with a wife, a baby, and another to the Congress, and to the United Senate we are exposed to a spectrum of one on the way. States. information on virtually every topic. Deep in debt, I skipped my com- To Elizabeth MacDonough, congratu- People sit and talk to us, those in an mencement exercise to get out and on lations. It is great you will be coming official capacity and also unofficially, the payroll in Springfield of the Illi- into this new role. It is precedent-set- about the future of the European Com- nois State Senate. The first day I ting in and of itself that you will be munity, what will happen there, and if walked in on the job at the Lieutenant the first woman to serve as the U.S. the European economy goes down or Governor’s office they handed me the Senate Parliamentarian. We all respect up, what impact will it have on the senate rule book. It was the first time very much your professionalism and United States. We learn these things in I had ever seen it. They parked me in look forward to working with you— meetings; we think about them as we a chair next to the presiding officer of even when you give us disappointing vote on measures on the floor. Obvi- the Illinois Senate, the Lieutenant rulings. ously, they are being discussed widely Governor, and said: Now you are here f in the public realm as well. So drawing to give advice. THE ECONOMY those lines in a careful, responsible I spent every waking moment read- way is going to be a challenge for us. Mr. DURBIN. Mr. President, I lis- ing that rule book and trying to under- But disclosure is still the best anti- tened to the comments made by the stand what it meant. There wasn’t a dote to the misuse of this public infor- Republican leader about how he be- course like that in law school or any- mation. I don’t think it is wrong for lieved President Obama is trying to thing that gave me guidance as to what the President to challenge us or for the change the topic and not talk about I was to do. I made a lot of stupid mis- Republican leader to challenge the ex- the economy and, rather, talk about takes, and I learned along the way ecutive branch at the same level. That ethical standards in the U.S. Congress. what it meant to be a senate parlia- is fair. You know I am friendly to the I have to say this is an issue that reso- mentarian. President. I am a member of his party It was a humbling experience, in nates with me personally because, as I and was a personal friend to him before many respects, to learn this new body mentioned earlier, I have been honored he was elected, and I still am today. He of law, how it applied to the everyday to have been brought up in public serv- should accept the challenge from the business of the Illinois State Senate. It ice by two outstanding individuals, Senator from Kentucky to look at the was equally humbling to be in a posi- former U.S. Senators Paul Simon and, standards within the executive branch tion where your voice was never heard before him, Paul Douglas. Both of to see if they meet at least the min- but your rulings were repeated by so these men had integrity as a hallmark. imum standards set by this legislation. many. Even as people in Illinois disagreed We should look at it, as well, in terms I recall that many years later—14 from time to time with their positions of our responsibilities as Senators. years later—I was elected to the U.S. on issues, they never questioned their House of Representatives. After serving honesty. That is my background, my I take exception to the comments 12 of those 14 years in the office of the training, and I have tried to continue made by the Republican leader when it Illinois State Senate Parliamentarian, in that tradition. comes to the state of the economy and I cannot describe to you the heady feel- I accepted the standard, which was the role of the executive. The Senator ing I had when I went on the floor of first initiated by Senator Paul Douglas from Kentucky said there has been the U.S. House of Representatives, and carried on by Senator Paul Simon, change in the national debt, since the they handed me the gavel, and I actu- of making a complete income and asset President was elected, by an increase ally presided over the U.S. House. After disclosure every single year. I think if of 4 percent. I am sure that is close to 14 years of silence as the Illinois State I look back now, I can trace it back to true if not true in detail. But look at Senate Parliamentarian, I was speak- my earliest campaign, certainly back the circumstances. When President ing before one of the greatest legisla- to my time in the office of the Lieuten- Clinton left office and turned the keys tive bodies in the world. So I have ant Governor. Almost every year I over to President George W. Bush, the some appreciation for the role of a par- made that disclosure. There was some national debt was $5 trillion, and the liamentarian, and particularly for the embarrassment in the early years, be- next year’s budget would have been the contribution of people such as Alan cause my wife and I were broke and we third in a row in surplus by $120 bil- Frumin. In some respects, it is a showed a negative net worth because of lion—not a bad welcome gift from the thankless job, because you are bound student loans. We suffered some chid- outgoing President, William Jefferson to make some people upset. As the ma- ing and embarrassment over that. Over Clinton. jority leader mentioned, we respect the years, even my wife got to where Now fast forward 8 years as President Alan’s impartiality as Parliamen- she didn’t pay much attention on April Bush left office and handed the keys to tarian, but many times we go back to 15 when I released all this information. President Obama—quite a different our office and are critical of it at the What we are considering on the floor world. Instead of a national debt of $5 same time. We hope he will rule in our is a tough issue. It is this: When you trillion, 8 years later, it was $11 tril- favor instead of the other way. earn something as a Congressman or lion, more than double under President Alan has been faithful to precedent, Senator, what should you do to take George W. Bush, a fiscal conservative to the rules of the Senate, and that is care that you don’t capitalize on that, by his own self-description. Look at all we can ask of a person who serves in that you don’t turn that into part of a what he left for President Obama in his his position. He has to tolerate the ti- personal decision that might enrich first budget, in the first year: a $1.2 tanic egos that occupy this Chamber. I you? It is a legitimate issue, and I sup- trillion deficit. Not a surplus, but a used to say that the majority leader is port the legislation that is on the floor, deficit 10 times as large as the surplus the captain of a small boat full of ti- though I think it will be challenging to left by President Clinton. That is what tanic egos. That is the nature of this implement. President Obama inherited. institution. Alan has been called on We should never capitalize on insider He said in the State of the Union Ad- more often than most to deal with the information, private information given dress that we had lost 3 million jobs in peculiarities of even my colleagues and to us in our public capacity, to enrich the 6 months preceding his being sworn myself. ourselves, period, no questions asked. in and another 3 million before his I wish him the best after more than What we have before us now is an op- stimulus bill was passed and imple- 35 years of service to the Congress, portunity to call for more timely dis- mented. Six million jobs were gone;

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with S178 CONGRESSIONAL RECORD — SENATE January 31, 2012 750,000 people lost their jobs the month in that commission for the economy to ica were political forces even as the President Obama was sworn into office. recover and come out of this recession. days of the all-powerful political ma- Now Senator MCCONNELL comes to Those who argue that we should chines were beginning to dwindle. In the floor and says that is President abandon that now would sink us even Chicago, there was Richard Daley; in Obama’s fault. I don’t think that is a more deeply into a recession instead of New York, John Lindsay; in Los Ange- fair characterization. I think the Presi- on the road to recovery. We need to les, Sam Yorty, among some of the big dent would accept responsibility not continue to act, to find that which will city mayors of our Nation. But in Bos- only for his time in office but for the strengthen our economy—investment ton, Kevin represented a new genera- decisions he has made. But to saddle in education and training for our work- tion of urban leaders. He was only 38 him with the legacy of the previous ers, investment in research, whether it years old and was filled with optimism President and his economic policies is is at the National Institutes of Health and energy and clear ideas of what he fundamentally unfair. or other agencies of government, so wanted Boston to be—summarized, per- The Senator from Kentucky says, that we can move forward with innova- haps, in the notion of being a world- don’t forget, it was on President tion and create jobs in areas such as class city. Obama’s watch that a rating agency green and clean energy. He attracted brilliant, idealistic downgraded the credit rating of the Third is the development of our in- young people to help him achieve his United States. True. If you read the frastructure. It is indefensible that goal, brilliant young people such as downgrade, it is not about the state of Congress has been unable to pass a BARNEY FRANK, Micho Spring, Ann the economy, it was about the state of highway bill, an infrastructure bill to Lewis, Paul Grogan, Fred Salvucci, politics in Washington. We were down- rebuild America. The trip I took to George Regan, Robert Kiley, Bo Hol- graded by Standard & Poor’s because China last year was a stark reminder land, Cecily Nuzzo Foster, Dennis Aus- they believed that we were incapable, that China is determined to lead the tin, and Clarence ‘‘Jeep’’ Jones, all of as a divided government, to make im- world in the 21st century. They are whom saw in him a reason to dedicate portant decisions for this Nation. building in China an infrastructure to themselves to public service. How did they reach that conclusion? do it, while we nurse one that has been When Kevin White moved into city Perhaps it was because of this divided falling apart for decades. hall, some people assumed they were government, with the tea party domi- Can’t Republicans and Democrats getting a business-as-usual mayor— nance in the House of Representatives, agree even in a Presidential election Irish and Catholic, typical and tradi- that led us into a position in 2011 where year that we need a solid infrastruc- tional. But the times were changing. we faced two government shutdowns ture bill that will rebuild America and The political and social climate of Bos- and one shutdown of the economy in create good-paying jobs right here in ton in the late 1960s was hardly tradi- the same year. This weakened econ- America? It is time for us to have a tional, and Kevin White was anything omy, suffering from recession, still had balanced plan and to work together to but your typical politician. to worry about whether the fights be- achieve it. He glided effortlessly between the old tween the House and the Senate would The President is not trying to avoid world and the new. No one had ever lead to even more economic peril. That the topic. He addressed it in his State seen a Boston politician go to Rhode is why we were downgraded. Don’t of the Union Address. It is up to the Island to get the Rolling Stones re- blame the President for that. We can Congress to follow. leased into their personal custody after blame ourselves—at least partially— I yield the floor. they were arrested, and then the next for the downgrade. Let me say that The ACTING PRESIDENT pro tem- night, when they appeared at a concert too. pore. The Senator from Massachusetts. in Boston, stand up and announce to a We know there is uncertainty about f cheering crowd, ‘‘The Stones have been the future. People are waiting for cer- busted, but I sprung them.’’ Kevin did tainty when it comes to the value of TRIBUTE TO KEVIN HAGAN WHITE just that in 1972, which happened to be real estate, the future of jobs, and busi- Mr. KERRY. Mr. President, last Fri- right after 18-year-olds got the right to ness. I understand that. But things are day Kevin Hagan White, a four-term vote. moving in the right direction. Last mayor of Boston, passed away. Kevin White opened Boston’s polit- week, we learned that our economy In the city of Boston, in the shadows ical system to African Americans, grew at a rate of 2.8 percent in the last of Faneuil Hall, there is a statue of women, Jews, and gay Americans 3 months of 2011—the strongest quarter Mayor White that stands 10 feet tall, alike. He spearheaded rent control. He of the year—and it shows that the larger than life. There could not be a decentralized the city government by chances of double-dip recession are re- more fitting tribute to a mayor and a forming little city halls in the neigh- ceding. man who was himself a huge figure in borhoods. He made jobs for young peo- In 2011, the unemployment rate fell the history of Boston and a mayor who ple a priority. He organized outdoor from 9 to 8.5. The private sector added helped to give our city the extraor- summer activities known as more jobs in 2011 than in any year dinary skyline and the extraordinary ‘‘Summerthing.’’ He refused to let since 2005. The American manufac- spirit it has today. Interstate 95 run right through the city turing sector was growing for the first He was a mayor who, more impor- in order to protect low-income homes time since the late 1990s. tantly, through four terms led the city and boost public transportation. But The Republicans don’t want to credit of Boston through a remarkable transi- perhaps most importantly, he sparked this President as they should. There tion, from times of division to a time a downtown renaissance that began are 3 million new private sector jobs. of new international and singular iden- with Quincy Market, now one of the The weakness in our unemployment tity for the city. He led the transition city’s top tourist attractions, and it figures reflects the loss of public sector of a great city. But this good man and became the heartbeat of the new Bos- jobs. Federal, State, and local employ- ground-breaking mayor was, frankly, ton that is his legacy. ment has gone down as the revenues of much more than a transitional leader Mr. President, Kevin White came to government have decreased. himself. He was a transformative figure city hall with an ambitious plan to But this recovery is still fragile. in a city that, when it comes to his- build a new Boston brick by brick if he Those who come to the floor, as many tory-making mayors, does not use the had to, and that is pretty much what have, and argue for austerity and budg- word ‘‘transformative’’ lightly. he did. When Kevin White took office, et deficit concentration aren’t wrong, Mayor White’s passing gives Boston Boston was in many ways still stuck in but their timing is wrong. This is the and its people a chance to reflect on the 1920s—virtually no new buildings in moment when we need to strengthen how one leader, one politician could decades, a steady decline in population this economy and move it forward. I help to reshape a major city in Amer- and jobs, flophouses in the Back Bay, was on the Bowles-Simpson commis- ica—to some degree reflecting his own Quincy Market, a ramshackle ware- sion. Understand that their deficit re- persona, bright and energetic. Kevin house of butchers and cheese dealers. duction did not begin until the first of White was elected to city hall in 1967, But Kevin and his new team at city 2013. We wanted to create enough time a time when big city mayors in Amer- hall hit Boston like a bolt of lightning,

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with January 31, 2012 CONGRESSIONAL RECORD — SENATE S179 eventually reversing the city’s eco- Mr. President, Boston is that shining Senate did not have to remain in ses- nomic slide and laying the groundwork city on a hill that John Winthrop, one sion year round to deal with nomina- for the vibrant Boston of today. He had of the founders of the Massachusetts tions. This was also done at a time a vision. Bay Colony, spoke about in 1630 as he when Congress would go out of session Boston was in Kevin’s blood and so sailed to America. It is a city teeming for months at a time for members to was politics. His father and maternal with people of all kinds, a city of com- return to their farms and their busi- grandfather had been Boston city coun- merce and creativity, a city of grit and nesses. Now Congress meets nearly cil presidents, and he married Kathryn greatness. And Kevin White helped to year round. Galvin in 1956, the daughter of another make it that way. So, in other words, recess appoint- city council president. He was elected I consider it a privilege to have ments should only happen rarely, in ex- Massachusetts secretary of state three watched his journey, to have enjoyed treme occurrences, if at all. There also times before being elected mayor for his friendship, support, and counsel. I should be agreement that we are in re- the first time in 1967. join with so many in thanking him and cess, and there is no disagreement that Kevin White was the right man for his family for his service. we were in recess. the job at the right time, as he proved May he rest in peace. There is a lot of talk about bipar- so importantly and so poignantly with- Mr. President, I suggest the absence tisan cooperation on the other side of in months of taking office on April 5, of a quorum. the aisle, but I am disappointed that 1968—to be precise, the day after Dr. The ACTING PRESIDENT pro tem- not one Senator has stood to tell the Martin Luther King, Jr. was assas- pore. The clerk will call the roll. President this sets a terrible precedent; sinated. James Brown was scheduled to The legislative clerk proceeded to that this is a usurpation of power that do a concert at Boston Garden that call the roll. is bad for the country and bad for the night. Rather than allow it to be can- Mr. PAUL. Mr. President, I ask unan- idea of checks and balances. I am dis- celled, as many suggested, Kevin ar- imous consent the order for the appointed that not one Senator from ranged for the concert to be televised quorum call be rescinded. the other side of the aisle has stood to live in hopes of minimizing unrest. He The PRESIDING OFFICER (Mr. oppose this President on this unconsti- even appeared on stage himself to MANCHIN). Without objection, it is so tutional power grab. This is an oppor- plead for calm. He stood on the stage ordered. tunity for us to stand together in de- and said: f fense of the Constitution. All of us are here tonight to listen to a great talent. But we are also here to pay RECESS APPOINTMENTS I state now, unequivocally, if a Re- tribute to one of the greatest of Americans, Mr. PAUL. Mr. President, I rise publican President tries to usurp his Dr. Martin Luther King, Jr. Twenty-four today in defense of the Constitution. I power, if a Republican President tries hours ago, Dr. King died for all of us, black rise today to condemn the President to define a recess and appoint people il- and white, so that we may live together in for making appointments that are un- legally, I will stand on the Senate floor harmony, without violence, and in peace. I’m and oppose him. This is not about here to ask for your help. Let’s make Dr. constitutional and illegal. Recently the President appointed members to the being a Republican or a Democrat, it is King’s dream a reality in Boston. No matter about having respect for the Constitu- what any other community might do, we in National Labor Relations Board and to Boston will honor Dr. King in peace. the Consumer Financial Protection tion. These lawless, illegal, and uncon- That was leadership, and it helped. Agency. He did so by saying we were in stitutional appointments fly in the Cities across the country exploded in recess. face of the respect for our Constitu- violence, but Boston summoned rel- This is news to us because those of us tion. This is an issue of separation of ative restraint. James Brown called in the Senate maintain that we were powers, of constitutional authority, Kevin ‘‘a swinging cat.’’ Of course, dif- never in recess. The President has and of Senate prerogative. It is sad ficult times lay ahead, a turbulent pe- usurped a power never previously that not one member of the opposition riod of racial strife. But Kevin White taken by a President and has decided party will stand for the Constitution, sought to shepherd Boston through unilaterally that he gets to decide will stand to the President. those difficult times, and in the process when we are in recess. These appoint- Make no mistake, this is a huge he ushered in the remarkable city we ments are illegal and unconstitutional, breach of precedent. If the President is know today. He did his best to hold the and I am surprised—I am surprised— allowed to determine when we are in city together by walking the streets, that no member of the majority party recess, nothing prevents him from reaching out and fighting with every has stood to tell the President so. making recess appointments this ounce to get Boston where it is today. I am not surprised that the President evening at 8 o’clock or on the week- At one point, he led a march of 30,000 has engaged in unconstitutional behav- ends. If this precedent is allowed to people to protest racial violence. ior. His health care law is brazenly un- stand, nothing stops the President Kevin White was, according to his constitutional. His war with Libya was from appointing a Supreme Court Jus- most famous campaign slogan, a loner, unconstitutional. He got no congres- tice tonight at 8 o’clock. Is that the in love with the city. But this self-pro- sional authority. So, for a man who kind of lawlessness we want in our claimed loner did love Boston, and Bos- once gave lip service to the Constitu- country? Are we going to completely ton loved him back. His wide circle of tion, the President now has become a abandon the advise-and-consent role of friends and former staff remained loyal President who is prone to lawlessness the Constitution and of the Senate? and close throughout his life. Above all and prone to unconstitutional behav- I ask today, is there not one Senator he was a family man, devoted to his ior. from across the aisle who will stand wife Kathryn of 55 years, to his five Our Founders clearly intended that against this unconstitutional power children, and to his seven grand- the President have the ability and the grab? Is there not one Senator from children. To all of them and to the rest power to appoint advisers, but they across the aisle who will say to the of his family, we extend our deepest also separated that power and gave President that these illegal appoint- sympathy and a thank-you for sharing power to the Senate to advise and con- ments set a terrible precedent; that Kevin with us. sent on these high-ranking officers in these appointments will encourage The devotion of Kevin’s family was government. The President has gone an lawlessness; that these appointments boundless throughout his long and val- end-around on this and has done some- eviscerate the advise-and-consent iant fight against Alzheimer’s disease. thing that breaks with historical clause of the Constitution? I ask my From his diagnosis nearly a decade ago precedent. It goes against the notion of colleagues from across the aisle: Where to the very end last Friday, they gave checks and balances. is your concern for the checks and bal- him all the love and care he needed to In fact, the notion that underlies the ances? Where is your concern for the face his debilitating challenge with the whole idea of recess appointments is Constitution? same dignity and courage with which mostly a historic relic. Alexander I am greatly saddened by this action, he served the city of Boston for so Hamilton explained in Federalist 67 and I hope the President will reverse long. that the power was included so the course. I hope the majority party in

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with S180 CONGRESSIONAL RECORD — SENATE January 31, 2012 the Senate will stand for the Constitu- tion obtained because of their status sector could bring jobs to fruition, tion. But I am greatly disappointed in and requires greater oversight of the President Obama and his substantial where we are in this debate. growing political intelligence industry. majorities in both Houses of Congress I yield back my time. Members and employees should also be used their tremendous advantage to The PRESIDING OFFICER. The Sen- required to report the purchases, sales, push for greater government control ator from Nevada. and exchange of any stock, bond, or over America’s health care choices, f commodity transaction greater than more burdensome and debilitating reg- $1,000 within 30 days. ulations on businesses, and a failed THE STOCK ACT As a strong supporter of trans- stimulus package that led to record- Mr. HELLER. Mr. President, later parency in Congress and the Federal setting annual deficits. today the debate will center on the Government, I believe the STOCK Act Just look at America before Presi- fundamental question of whether Mem- is an important step for Congress to dent Obama took office and compare it bers of Congress should be responsible take and start earning back the trust to our economic situation now. For ex- for upholding the same laws as the and faith of the American people. Re- ample, unemployment is up 9 percent American people. The unified answer storing that confidence will surely be a from when President Obama took of- from this Congress must be an un- long journey because public servants fice. The price of gasoline is up 83 per- equivocal yes. It is no secret that Con- have in too many cases not taken their cent compared to when he took office. gress has a track record of exempting job seriously. But through legislation Long-term unemployment is up 107 per- itself from the very laws it writes. such as the STOCK Act, we send an im- cent. The median value of a single-fam- Former Senator John Glenn said portant message to the citizens of this ily home in America is down 14 per- such exemptions are ‘‘the rankest form Nation that we understand our position cent, and the U.S. national debt is up of hypocrisy. Laws that are good requires us to uphold the highest eth- 43 percent. He has added over $4 trillion enough for everyone else ought to be ical and moral standards, and we are to our national debt. good enough for us.’’ willing to undergo the scrutiny re- Then, last year, President Obama Former Congressman Henry Hyde quired to regain that trust. created a standoff with Republicans by once quipped that ‘‘Congress would ex- Members of Congress should follow refusing to accept a reasonable com- empt itself from the laws of gravity if the same rules as every other Amer- promise on spending reforms as a con- it could.’’ ican. No American can trade on insider dition for raising the Nation’s debt I have long supported efforts to en- information without the risk of pros- ceiling. He presided over the down- sure that Congress refuses to give into ecution, and Congress should be held to grading of America’s credit rating, the any temptation to exempt itself. When the same standard. Elected officials first in our country’s history, and he I was serving in the House of Rep- should take every precaution to ensure has taken every opportunity to block resentatives, I was proud to be a leader that they do not use public informa- the development of America’s energy in the effort to require Members of tion for personal gain. resources, a source of much-needed rev- Congress and their staffs be subject to I hope both Chambers will take the enue and jobs. the same requirements that the Obama time to thoughtfully consider this leg- Perhaps most troubling, this Presi- health care bill put on all citizens. islation and send it to the President for dent has intentionally divided the While the bad old days of Congress his signature. My hope is that the country by waging vicious class war- exempting itself from major occupa- American people will view passage of fare campaigns separating average, tional safety and health and fair labor this legislation as an earnest bipar- hard-working Americans by income standard laws were done away with to tisan effort to change the way Wash- and then pitting them against one an- some extent after passage of the Con- ington does business. other. The President’s record on this gressional Accountability Act, and I appreciate the opportunity to dis- score has been repugnant and dam- other reforms of the mid-1990s, Con- cuss this important bill. aging. gress should not miss this opportunity I yield the floor and suggest the ab- Instead of working with Congress to to show the American people that it is sence of a quorum. address our genuine economic chal- willing to live by the very rules that The PRESIDING OFFICER. The lenges, the President has responded by are imposed on the American people. clerk will call the roll. starting his reelection campaign early. The people of this Nation are tired of The assistant legislative clerk pro- In a series of taxpayer-funded cam- business as usual in Washington. They ceeded to call the role. paign stops, the President sharpened are tired of the congressional exemp- Mr. LEE. Mr. President, I ask unani- his divisive message and astoundingly tions or carve-outs that create a chasm mous consent that the quorum call be blamed Republicans for legislative between the working class and the po- rescinded. gridlock—never mind that the Presi- litical class. The PRESIDING OFFICER. Without dent’s most recent budget proposal My home State of Nevada is cur- objection, it is so ordered. failed to attract even a single vote in rently enduring the highest unemploy- f the U.S. Senate, and it was, in fact, ment rate in the country. In fact, Ne- Senate Democrats who refused to bring vada has led the Nation in unemploy- THE ECONOMY the President’s own jobs plan to the ment for more than 2 years. As I travel Mr. LEE. Mr. President, I rise today floor for a vote. Even today, members the State, I hear from individuals who to talk about the state of the Nation’s of the President’s own party are lining are frustrated because the public serv- economy. Upon taking office, President up against him to oppose his tone-deaf ants who are supposed to be rep- Obama encountered one of the worst decision on the Keystone XL Pipeline. resenting them don’t feel their pain. recessions in this country’s history. He This project would create 20,000 Amer- While our economy limps on, the Na- faced tremendous challenges under any ican jobs, it would inject much needed tion’s Capital remains untouched by standard. To be sure, it would have private sector capital into our econ- the difficulties Nevadans experience been difficult for any President to omy, and it would increase the coun- every day. In light of these facts, is it make the kinds of reforms that would try’s energy security, but the Presi- any mystery why Congress is currently have had an immediate effect on an dent has chosen to block the project as experiencing its worst approval ratings economy this bad. But at the end of the an election-year nod to his friends in in history? day we see that although he was hand- the extreme leftwing of the environ- I am a cosponsor of the STOCK Act ed something that we can fairly char- mentalist movement. because I believe confidential informa- acterize as an economic emergency, he, President Obama has put the state of tion acquired as a result of holding through his actions and through his our Union in disarray. Certainly he in- public office should not be used for pri- policies, turned that emergency into a herited a poor economy, but the deci- vate gain. The STOCK Act would pro- national tragedy. sions he has made and implemented hibit Members or employees of Con- In his first 2 years, instead of focus- since taking office are making it gress and executive branch employees ing on creating jobs and creating a set worse. He was handed an economic from profiting from nonpublic informa- of circumstances in which the private emergency, and instead of taking the

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with January 31, 2012 CONGRESSIONAL RECORD — SENATE S181 challenge head-on, he chose to ignore The Senator from Nevada [Mr. REID], for The PRESIDING OFFICER. The it, and then he turned it into a na- himself, Mr. BROWN of Massachusetts, Mr. clerk will report. tional tragedy. LIEBERMAN, Ms. COLLINS, Mrs. GILLIBRAND, The assistant legislative clerk read There is a void of leadership in the Mr. LEVIN, and Mr. FRANKEN, proposes an as follows: amendment numbered 1470. White House. He must end the divisive- The Senator from Ohio [Mr. BROWN] for ness and start dealing directly and de- Mr. REID. Mr. President, I ask unan- himself and Mr. MERKLEY, proposes an cisively with the needs of the country. imous consent that reading of the amendment numbered 1481 to amendment The President has very little time left amendment be dispensed with. No. 1470. to show the American people that he The PRESIDING OFFICER. Without Mr. BROWN of Ohio. Mr. President, I can be the kind of leader who will put objection, it is so ordered. ask unanimous consent that reading of the country before his own personal po- (The amendment is printed in the the amendment be dispensed with. litical interests. For the sake of all RECORD of Monday, January 30, 2012, The PRESIDING OFFICER. Without Americans, I sincerely hope he uses under ‘‘Text of Amendments.’’) objection, it is so ordered. that time wisely. AMENDMENT NO. 1482 TO AMENDMENT NO. 1470 The amendment is as follows: Mr. President, I yield the floor. Mr. REID. Mr. President, on behalf of (Purpose: To prohibit financial conflicts of The PRESIDING OFFICER. The Sen- Senator LIEBERMAN, I call up an interest by Senators and staff) ator from Maine. amendment, which is at the desk. At the appropriate place, insert the fol- Ms. COLLINS. I thank the Chair. The PRESIDING OFFICER. The lowing: (The remarks of Senator COLLINS per- clerk will report. SEC. ll. PUTTING THE PEOPLE’S INTERESTS taining to the introduction of S. 2044 The assistant legislative clerk read FIRST ACT OF 2012. as follows: (a) SHORT TITLE.—This section may be are printed in today’s RECORD under cited as the ‘‘Putting the People’s Interests The Senator from Nevada [Mr. REID], for ‘‘Statements on Introduced Bills and First Act of 2012’’. Mr. LIEBERMAN, proposes an amendment Joint Resolutions.’’) (b) ELIMINATING FINANCIAL CONFLICTS OF numbered 1482 to amendment No. 1470. Ms. COLLINS. Mr. President, I sug- INTEREST FOR MEMBERS OF THE SENATE.—A gest the absence of a quorum. Mr. REID. Mr. President, I ask unan- covered person shall be prohibited from hold- The PRESIDING OFFICER. The imous consent that reading of the ing and shall divest themselves of any cov- clerk will call the roll. amendment be dispensed with. ered transaction that is directly and reason- The assistant legislative clerk pro- The PRESIDING OFFICER. Without ably foreseeably affected by the official ac- ceeded to call the roll. objection, it is so ordered. tions of such covered person, to avoid any The amendment is as follows: conflict of interest, or the appearance there- Mr. REID. Mr. President, I ask unan- of. Any divestiture shall occur within a rea- imous consent that the order for the (Purpose: To make a technical amendment sonable period of time. quorum call be rescinded. to a reporting requirement) (c) DEFINITIONS.—In this section: The PRESIDING OFFICER (Mr. On page 7, line 22, after ‘‘Reform’’ insert (1) SECURITIES.—The term ‘‘securities’’ has TESTER). Without objection, it is so or- ‘‘and the Committee on the Judiciary’’. the same meaning as in section 3 of the Se- dered. The PRESIDING OFFICER. The Sen- curities Exchange Act of 1934 (15 U.S.C. 78c). (2) COVERED PERSON.—The term ‘‘covered f ator from Ohio. person’’ means a Member, officer, or em- AMENDMENT NO. 1478 TO AMENDMENT NO. 1470 CONCLUSION OF MORNING ployee of the Senate, their spouse, and their BUSINESS Mr. BROWN of Ohio. Mr. President, I dependents. ask unanimous consent that the pend- (3) COVERED TRANSACTION.—The term ‘‘cov- The PRESIDING OFFICER. Morning ing amendment be set aside. ered transaction’’ means investment in secu- business is closed. The PRESIDING OFFICER. Without rities in any company, any comparable eco- f objection, it is so ordered. nomic interest acquired through synthetic Mr. BROWN of Ohio. Mr. President, I means such as the use of derivatives, or STOP TRADING ON CONGRES- short selling any publicly traded securities. SIONAL KNOWLEDGE ACT OF 2012 call up amendment No. 1478. The PRESIDING OFFICER. The (4) SHORT SELLING.—The term ‘‘short sell- The PRESIDING OFFICER. Under ing’’ means entering into a transaction that clerk will report. has the effect of creating a net short position the previous order, the Senate will re- The assistant legislative clerk read sume consideration of the motion to in a publicly traded company. as follows: (d) EXCEPTION.—Nothing in this section proceed to S. 2038, which the clerk will The Senator from Ohio [Mr. BROWN] pro- shall preclude a covered person from invest- report. poses an amendment numbered 1478 to ing in broad-based investments, such as di- The assistant legislative clerk read amendment No. 1470. versified mutual funds and unit investment as follows: Mr. BROWN of Ohio. Mr. President, I trusts, sector mutual funds, or employee Motion to proceed to the consideration of ask unanimous consent that reading of benefit plans, even if a portion of the funds are invested in a security, so long as the cov- S. 2038, a bill to prohibit Members of Con- the amendment be dispensed with. gress and employees of Congress from using ered person has no control over or knowledge nonpublic information derived from their of- The PRESIDING OFFICER. Without of the management of the investment, other ficial positions for personal benefit, and for objection, it is so ordered. than information made available to the pub- other purposes. The amendment is as follows: lic by the mutual fund. The PRESIDING OFFICER. The (Purpose: To change the reporting (e) TRUSTS.— (1) IN GENERAL.—On a case-by-case basis, question is on agreeing to the motion requirement to 10 days) On page 6, strike lines 12 through 15, and the Select Committee on Ethics may author- to proceed to S. 2038. ize a covered person to place their securities The motion was agreed to. insert the following: ‘‘(j) After any transaction required to be holdings in a qualified blind trust approved The PRESIDING OFFICER. The reported under section 102(a)(5)(B), a Member by the committee under section 102(f) of the clerk will report the bill. of Congress or officer or employee of Con- Ethics in Government Act of 1978. The assistant legislative clerk read gress shall file a report of the transaction (2) BLIND TRUST.—A blind trust permitted as follows: not later than 10 days following the day on under this subsection shall meet the criteria A bill (S. 2038) to prohibit Members of Con- which the subject transaction has been exe- in section 102(f)(4)(B) of the Ethics in Gov- gress and employees of Congress from using cuted.’’. ernment Act of 1978, unless an alternative nonpublic information derived from their of- On page 9, line 17, strike ‘‘30’’ and insert arrangement is approved by the Select Com- ficial positions for personal benefit, and for ‘‘10’’. mittee on Ethics. (f) APPLICATION.—This section does not other purposes. AMENDMENT NO. 1481 TO AMENDMENT NO. 1470 apply to an individual employed by the Sec- AMENDMENT NO. 1470 Mr. BROWN of Ohio. Mr. President, I retary of the Senate, Sergeant at Arms, the (Purpose: In the nature of a substitute) ask unanimous consent that the pend- Architect of the Capitol, or the Capital Po- Mr. REID. Mr. President, I have a ing amendment be set aside. lice. substitute amendment at the desk. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The objection? ator from Maine. clerk will report. Without objection, it is so ordered. Ms. COLLINS. Mr. President, I The assistant legislative clerk read Mr. BROWN of Ohio. Mr. President, I thought we had a tentative, informal as follows: call up my amendment No. 1481. agreement that we were going to go

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with S182 CONGRESSIONAL RECORD — SENATE January 31, 2012 back and forth, alternating to make or an amendment between the Houses, upon First, they are consistent with the amendments pending, and that we a point of order being made by any Senator spirit of the underlying bill—a version would do one from the Democratic side, pursuant to paragraph (1), and such point of of which I cosponsored. I am particu- order being sustained, such material con- then one from the Republican side, and larly appreciative to Senator GILLI- tained in such conference report shall be go back and forth. deemed stricken, and the Senate shall pro- BRAND for her good work on this over- The PRESIDING OFFICER. The Sen- ceed to consider the question of whether the all issue. ator from Ohio. Senate shall recede from its amendment and The underlying STOCK Act clarifies Mr. BROWN of Ohio. Mr. President, I concur with a further amendment, or concur that insider trading laws apply the appreciate the comments from the Sen- in the House amendment with a further same way to Members of Congress as ator from Maine. I was just asking that amendment, as the case may be, which fur- they do to the rest of the country, pure they be offered. I was going to speak on ther amendment shall consist of only that and simple. It makes sense. them together, but I am certainly will- portion of the conference report or House My amendments would also extend amendment, as the case may be, not so generally applicable laws to Members ing for a Republican to go next and stricken. Any such motion in the Senate then I speak about my two amend- of Congress. shall be debatable under the same conditions One amendment would apply finan- ments together—whatever the Senator as was the conference report. In any case in from Maine would like. which such point of order is sustained cial trade disclosure rules to Members The PRESIDING OFFICER. The Sen- against a conference report (or Senate in the same way they apply to others, ator from Maine. amendment derived from such conference re- such as corporate insiders, financial Ms. COLLINS. I thank the Senator. port by operation of this subsection), no fur- advisers, SEC employees. It would nar- Mr. President, I, then, ask unani- ther amendment shall be in order. row the window for disclosure from 30 mous consent that we proceed with (3) WAIVER.—Any Senator may move to days down to 10 days. It would make waive any or all points of order under this Member disclosure more consistent amendments so that we do alternate section by an affirmative vote of two-thirds from side to side, since there are a with rules that require timely disclo- of the Members, duly chosen and sworn. sure of transactions by corporate direc- number of amendments that have been (4) DEFINITIONS.— tors, officers, and large shareholders. filed, and I think that would be the (A) EARMARK.—For the purpose of this sec- fairest way to proceed to make them tion, the term ‘‘earmark’’ means a provision We should do the same more strictly pending. or report language included primarily at the than we have in the past to do the The PRESIDING OFFICER. Is there request of a Senator or Member of the House same as they do. Let’s hold ourselves objection? of Representatives as certified under para- to the same standard of openness and graph 1(a)(1) of rule XLIV of the Standing shine the light of transparency on our Without objection, it is so ordered. Rules of the Senate— The Senator from Pennsylvania. financial trades, if we make them. (i) providing, authorizing, or recom- The second amendment would extend AMENDMENT NO. 1472 TO AMENDMENT NO. 1470 mending a specific amount of discretionary to Senators the same conflict of inter- Mr. TOOMEY. Mr. President, I ask budget authority, credit authority, or other est rules that currently apply to com- unanimous consent to set aside the spending authority for a contract, loan, loan guarantee, grant, loan authority, or other mittee staff and executive branch offi- pending amendment. cials. This amendment, which is No. The PRESIDING OFFICER. Without expenditure with or to an entity, or targeted to a specific State, locality or Congressional 1481, is coauthored by Senator objection, it is so ordered. district, other than through a statutory or MERKLEY of Oregon. Mr. TOOMEY. Mr. President, I call administrative formula-driven or competi- Members of the Senate and staff up amendment No. 1472, my amend- tive award process; would be prohibited from owning or ment with Senator MCCASKILL. (ii) that— short-selling individual stock in com- The PRESIDING OFFICER. The (I) provides a Federal tax deduction, cred- panies affected by their official duties. clerk will report. it, exclusion, or preference to a particular We would still be permitted to invest The assistant legislative clerk read beneficiary or limited group of beneficiaries in broad-based funds or place our assets as follows: under the Internal Revenue Code of 1986; and (II) contains eligibility criteria that are in blind trusts, as permitted by the Se- The Senator from Pennsylvania [Mr. not uniform in application with respect to lect Armed Services Committee— TOOMEY], for himself, Mrs. MCCASKILL, Mr. potential beneficiaries of such provision; or SASC—rule and Federal regulations. DEMINT, Mr. UDALL of Colorado, Mr. RUBIO, (iii) modifying the Harmonized Tariff When asked about the fact that the Ms. AYOTTE, Mr. PORTMAN, Mr. THUNE, and Schedule of the United States in a manner SASC conflict of interest rules apply to Mr. JOHANNS, proposes an amendment num- that benefits 10 or fewer entities. bered 1472 to amendment No. 1470. staff and DOD appointees, President (B) DETERMINATION BY THE SENATE.—In the George W. Bush’s Deputy Secretary of Mr. TOOMEY. Mr. President, I ask event the Chair is unable to ascertain wheth- Defense, Gordon England, said: unanimous consent that reading of the er or not the offending provision constitutes an earmark as defined in this subsection, the I think Congress should live by the rules amendment be dispensed with. they impose on other people. The PRESIDING OFFICER. Without question of whether the provision con- That is why I am offering these two objection, it is so ordered. stitutes an earmark shall be submitted to the Senate and be decided without debate by amendments. It is pretty simple. We The amendment is as follows: an affirmative vote of two-thirds of the vote on a whole range of very impor- (Purpose: To prohibit earmarks) Members, duly chosen and sworn tant issues in this country. We should At the appropriate place, insert the fol- (5) APPLICATION.—This section shall not not only not benefit from our votes on lowing: apply to any authorization of appropriations investments we might have, but it is SEC. ll. EARMARK ELIMINATION ACT OF 2012. to a Federal entity if such authorization is not specifically targeted to a State, locality important that the perception be that (a) SHORT TITLE.—This Act may be cited as when we make decisions, we make the ‘‘Earmark Elimination Act of 2011’’. or congressional district. them for the good of the country, not (b) PROHIBITION ON EARMARKS.— Mr. TOOMEY. Mr. President, I would (1) BILLS AND JOINT RESOLUTIONS, AMEND- like to make some comments about for our own financial interests. That is MENTS, AMENDMENTS BETWEEN THE HOUSES, this amendment, but I will do that at a something the public finds pretty dis- AND CONFERENCE REPORTS.— later time when time is more available. tasteful. These two amendments to- (A) IN GENERAL.—It shall not be in order in I thank my colleague from Maine and gether will help fix that. the Senate to consider a bill or resolution in- I yield the floor. my colleague from Ohio for their help- troduced in the Senate or the House of Rep- I suggest the absence of a quorum. resentatives, amendment, amendment be- ful cooperation in this process. The PRESIDING OFFICER. The tween the Houses, or conference report that The PRESIDING OFFICER. The Sen- clerk will call the roll. includes an earmark. ator from Ohio. The assistant legislative clerk pro- (B) PROCEDURE.—Upon a point of order Mr. BROWN of Ohio. Mr. President, I ceeded to call the roll. being made by any Senator pursuant to sub- thank both the Senator from Pennsyl- Mr. BROWN of Massachusetts. Mr. paragraph (A) against an earmark, and such vania and the Senator from Maine. point of order being sustained, such earmark President, I ask unanimous consent AMENDMENTS NOS. 1478 AND 1481 shall be deemed stricken. that the order for the quorum call be (2) CONFERENCE REPORT AND AMENDMENT BE- I will speak in more detail about my rescinded. TWEEN THE HOUSES PROCEDURE.—When the amendments later, but now I want to The PRESIDING OFFICER. Without Senate is considering a conference report on, say a few words about each of them. objection, it is so ordered.

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with January 31, 2012 CONGRESSIONAL RECORD — SENATE S183 Mr. BROWN of Massachusetts. Mr. is amended by inserting before the period at percent, we need to pass legislation President, I know we are starting to the end the following: ‘‘, whether or not such that will enable our job creators to ex- get the intake of amendments. I want transactions involve general solicitation or pand and create jobs. As I said, this to reiterate what we talked about yes- general advertising’’. (b) MODIFICATION OF RULES.—Not later legislation received overwhelming bi- terday, about having relevant amend- than 90 days after the date of enactment of partisan support in the House of Rep- ments filed. This is a very specific this Act, the Securities and Exchange Com- resentatives. I hope we can do the same issue we are addressing, which is to mission shall revise its rules issued in sec- here in the Senate by passing this deal with perceived insider trading and/ tion 230.506 of title 17, Code of Federal Regu- amendment. or Members of Congress having an un- lations, to provide that the prohibition We all talk about the importance of fair advantage and having obviously against general solicitation or general adver- making it easier, making it less costly, nonpublic information, confidential in- tising contained in section 230.502(c) of such title shall not apply to offers and sales of se- less difficult for our small businesses formation that would ultimately be curities made pursuant to section 230.506, and entrepreneurs to get access to cap- used for financial gain. provided that all purchasers of the securities ital so they can create jobs and get the As we are reviewing some of the are accredited investors. Such rules shall re- economy growing again. So many amendments or hearing discussions of quire the issuer to take reasonable steps to times these are contentious, they are others that may be forthcoming, I verify that purchasers of the securities are controversial differences of opinion want to remind the Members that this accredited investors, using such methods as about how best to do that. We fight is something that forces outside this determined by the Commission. over regulations, we fight over taxes. building may not want to happen. I feel Mr. THUNE. Mr. President, this This is something where there is broad very strongly that this is something we amendment would make it easier for bipartisan support, almost unanimous need to do and use to reestablish the small business to better access capital support in the House of Representa- trust with the American citizens and in order to expand and create jobs. On tives, a vote of 413 to 11 in support of Members of Congress. November 3, 2011, the House of Rep- this legislation when it was voted on in That being said, as our Members are resentatives passed a companion meas- the House of Representatives. listening or their staffs are proposing ure, which was introduced by Rep- We have an opportunity to do some- amendments that are forthcoming, I resentative KEVIN MCCARTHY, on a near thing that is very straightforward, that hope they would be relevant to the unanimous vote of 413 to 11; 175 Demo- is broadly supported by both Demo- issue at hand and not get sidetracked crats in the House supported this legis- crats and Republicans—at least it was into a discussion that would take us lation. We have an opportunity here to in the House of Representatives—that away from what we are trying to do show the American people that we are the President has suggested we ought here. serious about creating jobs and to pass to be working on, looking for these Again, I am looking forward to the this amendment here in the Senate. amendments. I know Senators LIEBER- types of approaches to freeing up ac- This amendment would remove a reg- cess to capital for our small businesses. MAN, GILLIBRAND, COLLINS, and I will be ulatory roadblock in order to make it You have the folks out there in the managing the floor today to try to easier for small businesses to access business community overwhelmingly make sure that happens and convince needed capital to expand and create supportive of doing away with the reg- our Members to stay focused on this jobs. Current SEC registration exemp- ulatory barrier, the regulatory obsta- very important issue. tion rules severely hamper the ability cle this particular regulation rep- I yield the floor, and I suggest the ab- of small businesses to raise capital by resents in terms of access to capital for sence of a quorum. allowing them to raise capital only The PRESIDING OFFICER. The our small businesses. It seems like one from investors with whom they have a clerk will call the roll. of those issues on which there should preexisting relationship. The bill clerk proceeded to call the be no disagreement. I hope that will be By modernizing this rule, small busi- roll. the case. I hope we can get a vote on nesses and startups would be able to Mr. THUNE. Mr. President, I ask this amendment, get this put into law more easily raise capital from accred- unanimous consent that the order for and put into effect so our small busi- ited investors nationwide. According to the quorum call be rescinded. nesses and our entrepreneurs in this the Small Business and Entrepreneur- The PRESIDING OFFICER. Without country can do what they do best; that ship Council: objection, it is so ordered. is, create jobs. They have to have ac- Mr. THUNE. Mr. President, I ask This is a long overdue solution that will widen the pool of potential funders for entre- cess to capital in order to do that. This unanimous consent to set aside the makes that process easier. It does away pending amendment. preneurs. Our economy will improve once entrepreneurs are provided the tools, opportu- with some of these unnecessary regula- The PRESIDING OFFICER. Without nities and incentives that they need to hire tions and roadblocks and barriers that objection, it is so ordered. and invest. exist today. AMENDMENT NO. 1477 TO AMENDMENT NO. 1470 Earlier this month, the SEC Small I hope my colleagues in the Senate Mr. THUNE. Mr. President, I ask Business Advisory Committee on Small will support this amendment. unanimous consent to call up amend- and Emerging Companies rec- I yield the floor. ment No. 1477. ommended that the agency ‘‘relax or The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The modify’’ the general solicitation prohi- ator from Maine. clerk will report. The bill clerk read as follows: bition as a good policy to increase the Ms. COLLINS. Mr. President, earlier amount of capital available to small The Senator from South Dakota [Mr. we agreed to alternate side to side for businesses. THUNE] proposes an amendment numbered the offering of amendments. However, I 1477 to amendment No. 1470. In his State of the Union Address last would say to the Democratic floor week, President Obama called on Con- Mr. THUNE. Mr. President, I ask manager that there do not appear to be gress to pass legislation that will help unanimous consent that the reading of any Democrats right now who are seek- startups and small businesses access the amendment be dispensed with. ing recognition. Therefore, I would ask The PRESIDING OFFICER. Without capital in order to expand and create unanimous consent that the Senator objection, it is so ordered. jobs. The President said: from Arizona be permitted to proceed The amendment is as follows: Most new jobs are created in start-ups and at this time, given the absence of a small businesses. So let’s pass an agenda (Purpose: To direct the Securities and Ex- Democrat on the floor. that helps them succeed. Tear down regula- change Commission to eliminate the prohi- The PRESIDING OFFICER. Without tions that prevent entrepreneurs from get- bition against general solicitation as a re- ting the financing to grow. Both parties objection, it is so ordered. quirement for a certain exemption under agree on these ideas. So put them in a bill The Senator from Arizona. Regulation D) and get it on my desk this year. AMENDMENT NO. 1471 TO AMENDMENT NO. 1470 At the appropriate place, insert the following: This is exactly what this amendment Mr. MCCAIN. Mr. President, I thank SEC. l. MODIFICATION OF EXEMPTION. will do. And it has support from inves- both the Senator from New York and (a) REMOVAL OF RESTRICTION.—Section 4(2) tors and entrepreneurs alike. When you the Senator from Maine for their cour- of the Securities Act of 1933 (15 U.S.C. 77d(2)) have unemployment hovering around 9 tesy.

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with S184 CONGRESSIONAL RECORD — SENATE January 31, 2012 I ask unanimous consent to set aside show other Fannie and Freddie executives entering into conservatorship,’’ Freddie the pending amendment and call up got similar Wall Street-style compensation spokesman Michael Cosgrove, told POLIT- amendment No. 1471. packages. Fannie Mae CEO Michael Wil- ICO on Monday. ‘‘We’re providing mortgage The PRESIDING OFFICER. Without liams, for example, got $2.37 million in per- funding and continuous liquidity to the mar- formance bonuses. ket. Together with Fannie Mae, we’ve funded objection, it is so ordered. Including Haldeman, the top five officers the large majority of the nation’s residential The clerk will report. at Freddie banked a combined $6.46 million loans. We’re insisting on responsible lend- The bill clerk read as follows: in performance pay alone last year, though a ing.’’ The Senator from Arizona [Mr. MCCAIN], second bonus installment for 2010 has yet to A Fannie Mae spokesman said it is cur- for himself, Mr. ROCKEFELLER, Mr. ENZI, Mrs. be reported to the SEC, according to agency rently in a ‘‘quiet period’’ in advance of its MCCASKILL, Mr. JOHANNS, Mr. BARRASSO, Mr. records. Williams and others at Fannie pock- third-quarter earnings report and declined to BLUNT, and Mr. GRAHAM, proposes an amend- eted $6.33 million in incentives for what SEC comment. ment numbered 1471 to amendment No. 1470. records described as meeting the primary Most analysts believe the financial implo- goal of providing ‘‘liquidity, stability and af- sion of 2008 was fueled in part by Fannie Mae Mr. MCCAIN. Mr. President, I ask fordability’’ to the national market. and Freddie Mac’s zeal in promoting home- unanimous consent that the reading of I think it is important to ask the ownership and their backing of risky loans. the amendment be dispensed with. And critics say that the mortgage giants’ The PRESIDING OFFICER. Without question, is it necessary for these bo- deep backlog of repossessed homes, and their objection, it is so ordered. nuses to be provided to these execu- struggle through government conservator- The amendment is as follows: tives when we have men and women ship, is a staggering weight on a weak econ- who are literally in harm’s way, who omy and puts even more downward pressure (Purpose: To protect the American taxpayer are compensated far less? Is it possible on home values. by prohibiting bonuses for Senior Execu- ‘‘Fannie and Freddie executives are being tives at Fannie Mae and Freddie Mac while that there aren’t some patriotic Ameri- cans who would be willing to serve and paid millions to manage losses,’’ Rep. Pat- they are in conservatorship) rick McHenry (R–N.C.), a longtime critic of At the appropriate place, insert the fol- head up these organizations and try to the administration’s programs to rescue the lowing: get them cleaned up? housing market, told POLITICO. ‘‘By these SEC. ll. LIMITATION ON BONUSES TO EXECU- The primary causes of the collapse of same standards, I should be the starting for- TIVES OF FANNIE MAE AND FREDDIE our economy still plague us to this ward for the Lakers. It’s completely absurd.’’ MAC. day. ‘‘It is outrageous that senior executives at Notwithstanding any other provision in I ask unanimous consent that an ar- Fannie and Freddie are receiving multi- law, senior executives at the Federal Na- ticle from Politico be printed in the million-dollar compensation packages when tional Mortgage Association and the Federal they now rely on funding from U.S. tax- RECORD. Home Loan Mortgage Corporation are pro- payers, many of whom face foreclosure or hibited from receiving bonuses during any There being no objection, the mate- whose homes are underwater,’’ Rep. Elijah period of conservatorship for those entities rial was ordered to be printed in the Cummings of Maryland, who has led House on or after the date of enactment of this Act. RECORD, as follows: Democrats in efforts to ease Fannie and Mr. MCCAIN. Mr. President, this bi- [From Politico, Oct. 31, 2011] Freddie’s restrictions on restructuring loans partisan amendment is very simple. It FANNIE, FREDDIE DOLE OUT BIG BONUSES or lowering payments for mortgage holders who owe more than their homes are worth, (By Josh Boak and Joseph Williams) would prohibit bonuses for senior ex- wrote in an email. ecutives at Fannie Mae and Freddie The Obama administration’s efforts to fix Compensation at Fannie and Freddie is, in Mac while they are in a taxpayer- the housing crisis may have fallen well short fact, 40 percent below pre-government take- backed conservatorship. I am joined in of helping millions of distressed mortgage over levels, according to the FHFA, though this effort by Senators ROCKEFELLER, holders, but they have led to seven-figure those pay packages before conservatorship paydays for some top executives at troubled ENZI, MCCASKILL, JOHANNS, BARRASSO, involved stock awards, while the current mortgage giants Fannie Mae and Freddie payments are exclusively cash. But com- BLUNT, GRAHAM, COBURN, and THUNE. Mac. pensation at both corporations, in particular Since they were placed in con- The Federal Housing Finance Agency, the Fannie Mae, has been a contentious issue servatorship in 2008, these two govern- government regulator for Fannie and since long before the 2008 financial melt- ment-sponsored entities have soaked Freddie, approved $12.79 million in bonus pay down, thanks to executives like Daniel the American taxpayer for nearly $170 after 10 executives from the two government- Mudd, who earned $12.2 million in base pay billion in bailouts. Recently Freddie sponsored corporations last year met modest and bonuses while heading Fannie, and Rich- Mac requested an additional $6 billion performance targets tied to modifying mort- ard Syron, Freddie’s CEO, who pocketed $19.8 gages in jeopardy of foreclosure. million in total compensation the year be- and Fannie Mae requested an addi- The executives got the bonuses about two tional $7.8 billion. That is $13.8 billion fore the organization went into conservator- years after the federally backed mortgage gi- ship. more coming out of the pockets of ants received nearly $170 billion in taxpayer Both Fannie and Freddie have long argued hard-working Americans, many of bailouts—and despite pledges by FHFA, the that they have to offer Wall Street-size pay- whom are underwater on their mort- office tasked with keeping them solvent, checks to compete for the best private-sector gages. that it would adjust the level of CEO-level talent. House Financial Services Committee I wish to read an article from Polit- pay after critics slammed huge compensa- Chairman Spencer Bachus (R–Ala.) intro- ico from back in October entitled tion packages paid out to former Fannie Mae duced a bill in April to place the executives CEO Franklin Raines and others. ‘‘Fannie, Freddie dole out big bo- on a government pay scale, but it has yet to Securities and Exchange Commission docu- move out of committee. nuses.’’ ments show that Ed Haldeman, who an- A March report by FHFA’s inspector gen- The Federal Housing Finance Agency, the nounced last week that he is stepping down eral, however, found the agency ‘‘lacks key government regulator for Fannie and as Freddie Mac’s CEO, received a base salary controls necessary to monitor’’ executive Freddie, approved $12.79 million in bonus pay of $900,000 last year yet took home an addi- compensation, nor has it developed written after 10 executives from the two government tional $2.3 million in bonus pay. Records procedures for evaluating those packages. sponsored corporations last year met modest show other Fannie and Freddie executives FHFA’s acting director, Edward J. performance targets tied to modifying mort- got similar Wall Street-style compensation DeMarco, told Congress last year that the gages in jeopardy of foreclosure. packages; Fannie Mae CEO Michael Wil- managers who were at the helms of the The executives got the bonuses about two liams, for example, got $2.37 million in per- mortgage companies during the market col- years after the federally backed mortgage gi- formance bonuses. lapse were dismissed but also argued that ants received nearly $170 billion in taxpayer Including Haldeman, the top five officers generous pay helps lure ‘‘experienced, quali- bailouts—and despite pledges by FHFA, the at Freddie banked a combined $6.46 million fied’’ executives able to manage upward of $5 office tasked with keeping them solvent, in performance pay alone last year, though a trillion in mortgage holdings amid market that it would adjust the level of CEO-level second bonus installment for 2010 has yet to turmoil. pay after critics slammed huge compensa- be reported to the SEC, according to agency DeMarco told lawmakers he’s concerned tion packages paid out to former Fannie Mae records. Williams and others at Fannie pock- that suggestions to apply ‘‘a federal pay sys- CEO Franklin Raines and others. eted $6.33 million in incentives for what SEC tem to nonfederal employees’’ could put the Securities and Exchange Commission docu- records describe as meeting the primary goal companies in jeopardy of mismanagement ments show that Ed Haldeman, who an- of providing ‘‘liquidity, stability and afford- and result in another taxpayer bailout. He nounced last week that he is stepping down ability’’ to the national market. said the compensation packages at Fannie as Freddie Mac’s CEO, received a base salary ‘‘Freddie Mac has done a considerable and Freddie are part of the plan to return of $900,000 last year, yet took home an addi- amount on behalf of the American taxpayers them to solvency while reducing costs to tional $2.3 million in bonus pay. Records to support the housing finance market since taxpayers.

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with January 31, 2012 CONGRESSIONAL RECORD — SENATE S185 An FHFA representative said the agency is Housing Enterprise Oversight, the Fed- make the company’s $2.48 per-share bonus installing pay package recommendations eral regulator which oversees Fannie payout target. That year, Fannie Mae earned outlined in the report. Currently, she wrote, Mae, issued a blistering 348-page report $2.4764 per share. the agency ‘‘carefully reviews all executive which stated in part that ‘‘Fannie Mae In a mid-November memo to her superiors, officer pay requests and considers suitability Spencer forecast that the company was on and comparability with market practice, senior management promoted an image of the enterprise as one of the lowest- track to earn $2.4744 per share, just shy of after consulting with the Treasury Depart- what was needed to generate maximum ment in certain circumstances.’’ risk financial institutions in the world, bonus payments to executives. She described Since both companies’ stock is worthless, as ‘‘best in class’’ in terms of risk man- various ways she could juice the company’s bonuses are paid in cash, deferred bonuses agement financial reporting, internal profits if need be. and incentive pay rather than stock options. control, and corporate governance. The A key factor in determining those bonuses is findings in this report show that risks It goes on and on, and then it says how Fannie and Freddie performed in the this: loan modification program created by the at Fannie Mae are greatly understated administration, in addition to measures tied and the image was false. That month, Thomas Nides, Fannie’s exec- to financial and accounting objectives. During the period covered by that re- utive vice president for human resources, For example, Freddie Mac helped a mere port, Fannie Mae reported extremely warned a swath of top managers that earn- 160,000 homeowners change their mortgages smooth profit growth and had an- ings growth was coming in weak as the year- ‘‘in support’’ of the president’s Home Afford- nounced targets for earnings per share end approached. able Modification Program and contacted precisely each quarter. Those achieve- ‘‘You know that as a management group only 45 percent of eligible borrowers, accord- ments were illusions deliberately and member, you help drive the performance of ing to SEC filings. The company itself has the company,’’ Nides wrote in a memo. modified 134,282 of its own loans since the systematically created by the enterprise’s senior management with the aid ‘‘That’s why your total compensation is tied start of the program. Those measures deter- to how well Fannie Mae does each year. mined a significant share—35 percent—of de- of inappropriate accounting and im- ferred bonus salary and, to a lesser extent, proper earnings management. In other words, he was jacking them ‘‘target incentives’’ for Freddie executives. A large number of Fannie Mae’s ac- up, telling them that they have to cook Fannie, which was involved in modifying counting policies and practices did not the books some more. 400,000 mortgages last year, also assessed executive payments based in part on how it ad- comply with generally accepted ac- It says: ministered HAMP. counting principles. The enterprise President Barack Obama in the past has also had serious problems with internal The memo achieved the desired result. derided Wall Street ‘‘fat cats’’ for raking in control and corporate governance. Fannie Mae executives wound up exceeding their target in 1998 by accounting improperly seven-figure bonuses even though their These errors resulted in Fannie Mae banks and finance companies needed billions for low-income housing tax credits the com- overstating reported income and cap- pany received. The result: 547 people shared of dollars in government bailouts just to ital by a currently estimated $10.6 bil- stay in business. Yet the White House so far in $27.1 million in bonuses. This was a has remained largely silent about com- lion. record—the bonuses represented 0.79 percent parable bonuses at Fannie Mae and Freddie By deliberately and intentionally of Fannie Mae’s after-tax profits, more than Mac. manipulating accounting to hit earn- ever before in the company’s history. The congressional criticism over com- ings targets, senior management maxi- The list goes on and on. By the way, pensation follows other charges that mized the bonuses and other executive DeMarco has been unwilling to throw a life- executive pay at Fannie Mae was a compensation they received at the ex- well-kept secret, and the company suc- line to homeowners plunged underwater pense of the shareholders. Earnings when the market collapsed. cessfully blocked some in Congress, The government-sponsored firms have es- management made a significant con- such as Congressman Richard Baker of sentially filled the vacuum caused by an exo- tribution to the compensation of Louisiana, from receiving information dus from private lenders. But critics want Fannie Mae chairman CEO Franklin about salaries and bonuses paid by the the FHFA to embrace ‘‘principal write- Raines, which totaled—Franklin company. It was only after Fannie was downs,’’ in which lenders and, by extension, Raines’ bonus totaled over $90 million Fannie and Freddie, would have to forgive a caught cooking its books that details from 1998 through 2003. Of that total, of the lavish pay came out. significant portion of homeowners’ out- over $52 million was directly tied to standing mortgages; the move, they argue, achieving earnings per share targets, The accounting fraud went undis- would be a major step toward restoring hous- covered until 2005, when an investiga- ing market stability and boosting the econ- which turned out to be totally false. The list goes on and on. Mr. Presi- tion by OFHEO unearthed it in a volu- omy but would force the two companies to minous and detailed 2006 report. accept red ink on their balance sheets. dent, I recommend to my colleagues, DeMarco has resisted plans to modify trou- before I go too much further, this book. OFHEO noted that if Fannie Mae had bled mortgages, insisting it wasn’t part of The title is ‘‘Reckless Endangerment,’’ used the appropriate accounting meth- his legal mandate to bring Fannie and by Gretchen Morgenson, who happens ods in 1998, the company’s performance Freddie to fiscal stability. would have generated no executive bo- Both HAMP and a similar program, Home to be a columnist and writer for the New York Times, and Joshua Rosner. nuses at all. Although a highly kept se- Affordable Refinance Program, were seen as cret at the time, Johnson’s bonus for having the potential to modify at least 3 mil- ‘‘How Outside Ambition, Greed and lion government-backed mortgages and refi- Corruption Led to Economic Armaged- 1998 was $1.9 million. Investigators re- nance 4 million others. The results were dis- don.’’ turned and it later emerged that the appointing, however: Just 1.7 million bor- In this book it points the finger di- company made inaccurate disclosures rowers have been helped since the programs rectly at Fannie and Freddie. I will when it said Johnson earned a total of were launched two years ago. quote one part of it: almost $7 million in 1998. In actuality, Last week, the White House announced a his total compensation that year was plan to relax restrictions for the HARP refi- Because bonuses at Fannie Mae were large- nance program, which lets homeowners in ly based on per share earnings growth, it was more like $21 million. good standing refinance their mortgages at paramount to keep profits escalating to None of these people, to my knowl- current rock-bottom interest rates. guarantee bonus payouts. And in 1998, top edge, have ever been punished—ever. It DeMarco, whom aides say had been studying Fannie officials had begun manipulating the is one of the great scandals of our time. a similar proposal, gave the plan his bless- company’s results by dipping into various profit cookie jars to produce the level of in- What steps were taken by Congress at ing—a rare point of agreement between him that time to punish Fannie Mae? None. and the Obama administration. come necessary to generate bonus payouts to top management. Mr. MCCAIN. For decades, the Amer- According to published reports, in- Federal investigators later found that you cluding Fannie Mae’s own news release, ican taxpayer has been the victim of could predict what Fannie’s earnings-per- outright corruption and blatant abuse share would be at year-end, almost to the Daniel Mudd, the President and CEO of at the hands of Fannie Mae and penny, if you knew the maximum earnings- Fannie Mae at the time, was awarded Freddie Mac. There have been count- per-share bonus payout target set by man- over $14.4 million in 2006 and over $12.2 less warnings over the mismanagement agement at the beginning of each year. Be- million in 2007 in salary, bonuses, and of both Freddie and Fannie over the tween 1998 and 2002, actual earnings and the stock, and Fannie Mae continued their years. In May 2006, after a 27-month in- bonus payout target differed only by a frac- risky behavior, successfully posting tion of the cent, the investigators found. profits of $4.1 billion in 2006. vestigation into the corrupt corporate Investigators uncovered documents from culture and accounting practices at 1998 detailing the tactics used by Leanne Well, I fully understand that the cor- Fannie Mae, the Office of Federal Spencer, a finance official at Fannie, to rupt individuals who cooked the books

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with S186 CONGRESSIONAL RECORD — SENATE January 31, 2012 in order to meet the targets necessary rises to $214,980. Chief Justice Roberts Mr. LEAHY. Mr. President, I will for maximum executive compensation makes $223,500 a year. The President’s shortly be offering, as an amendment, are no longer in place at Fannie Mae Cabinet Members make $199,700 a year. an amendment to the substitute. It and Freddie Mac. For that, we can be Today, to add a little insult to injury— will be on behalf of myself and Senator thankful. But let’s be clear about one or a lot of insult to injury—here is to- JOHN CORNYN. I will ask consent in a thing: the structure for executive bo- day’s story from NPR. moment to suggest the absence of a nuses remains in place. There is still Freddie Mac, the taxpayer-owned mort- quorum but, upon the rescission of the incentives for executives at Fannie and gage giant, has placed multibillion-dollar absence of a quorum, that I be recog- Freddie to meet certain goals in order bets that pay off if homeowners stay trapped nized for up to 3 minutes. to be rewarded with millions of dollars in expensive mortgages with interest rates The PRESIDING OFFICER. Is there in bonuses. well above current rates. objection? I am not suggesting that either one This is the same outfit we are paying Without objection, it is so ordered. of these GSEs is using fraudulent ac- all this money to in these bonuses; so Mr. LEAHY. Mr. President, I suggest counting methods, but the taxpayer re- they decided to bet against the home- the absence of a quorum. mains at risk if an unscrupulous indi- owners of America. The PRESIDING OFFICER. The vidual or a group of individuals decides Freddie began increasing these bets dra- clerk will call the roll. The bill clerk proceeded to call the to put their own self-interests above matically in late 2010, the same time that the company was making it harder for home- roll. that of the American people. It has Mr. LEAHY. Mr. President, I ask happened at Fannie and Freddie before, owners to get out of such high-interest mortgages. unanimous consent that the order for and it can happen again. It is uncon- No evidence has emerged that these deci- the quorum call be rescinded. scionable. sions were coordinated. The company is a The PRESIDING OFFICER. Without It has been proven time and again key gatekeeper for home loans but says its objection, it is so ordered. that Fannie Mae and Freddie Mac are traders are ‘‘walled off’’ from the officials AMENDMENT NO. 1483 TO AMENDMENT NO. 1470 synonymous with mismanagement, who have restricted homeowners from taking (Purpose: To deter public corruption, and for waste, and outright corruption and advantage of historically low interest rates other purposes) fraud, and their Federal regulator had by imposing higher fees and new rules. Freddie’s charter calls for the company to Mr. LEAHY. Mr. President, I am soon the audacity to approve $12.8 million in going to offer an amendment to the executive bonuses to people who make make home loans more accessible. Its chief executive, Charles Haldeman, Jr., recently substitute. I am going to offer it on be- $900,000 a year. This body should be told Congress that his company is ‘‘helping half of myself and Senator CORNYN. ashamed if we let this happen again, financially strapped families reduce their I hear Senators saying that with the especially in these tough economic mortgage costs through refinancing their public’s opinion of Congress at a low times. mortgages.’’ point, we need to take action to restore Every day more and more Americans But the trades, uncovered for the first time public confidence. I think our amend- are losing their jobs and their homes, in an investigation by ProPublica and NPR, ment does that by closing loopholes in give Freddie a powerful incentive to do the and we are allowing these people to the laws that have allowed corruption take home annual salaries of $900,000 opposite, highlighting a conflict of interest at the heart of the company. to escape accountability. and bonuses of $12.8 million, all while I believe we have to provide inves- they ask the taxpayers for $6 billion Do we need this company around? tigators and prosecutors the tools they more in bailout money. Can’t we find something better? need to hold officials at all levels of Many of my colleagues sent a letter In addition to being an instrument of gov- government accountable when they act to Edward DeMarco, the Acting Direc- ernment policy dedicated to making home corruptly. tor of the FHFA, asking for an expla- loans more accessible, Freddie also has giant This amendment, which reflects a bi- investment portfolios and could lose sub- nation for his decision to award mil- stantial amounts of money if too many bor- partisan, bicameral agreement, will lions in bonuses to executives at rowers refinance. . . . Freddie Mac’s trades, strengthen and clarify key aspects of Fannie and Freddie. In his response, while perfectly legal, came during a period Federal criminal law and help inves- Mr. DeMarco echoed what has become when the company was supposed to be reduc- tigators and prosecutors attack public an increasingly popular theme used to ing its investment portfolio, according to the corruption nationwide. defend the big payouts. Essentially, terms of its government takeover agree- I should note, the Senate Judiciary Mr. DeMarco argues that in order to ment. But these trades escalate the risk of Committee has reported this bill with get the best people in place, we need to its portfolio, because the securities Freddie bipartisan support in three successive has purchased are volatile and hard to sell, Congresses, and I would note that the pay them outrageous amounts of tax- mortgage securities experts say. payer dollars. Well, I don’t buy that ar- The financial crisis in 2008 was made worse House Judiciary Committee, under a gument. when Wall Street traders made bets against Republican chairman, recently re- It is ridiculous to tell the American their customers and the American people. ported a companion bill and did so taxpayer: Look, we lost hundreds of Now, some see similar behavior, only this unanimously. Every Republican and billions of your money, so we need to time by traders at a government-owned com- every Democrat voted for it. So I be- pay these smart guys millions of dol- pany who are using leverage, which increases lieve it is time for Congress to pass se- lars of your money so that we don’t the potential profits but also the risk of big rious anticorruption legislation. We losses, and other Wall Street strategums. have demonstrated that this is some- lose the rest of your money. The Amer- ‘‘More than three years into the government ican people are smart enough to see takeover, we have Freddie Mac pursuing thing that could bring both Repub- through that sham logic and they are highly levered, complicated transactions licans and Democrats together, and we angry. seemingly with the purpose of trading ought to pass it. As I have previously stated on the against homeowners,’’ says Mayer. ‘‘These Public corruption erodes the trust Senate floor, I find it hard to believe are the kinds of things that got us into trou- the American people have in those who that we cannot find talented people ble in the first place.’’ are given the privilege—and it is a with the skills necessary to manage You can’t make it up. So it seems to privilege—of public service. Too often, Fannie and Freddie for good money— me that the first thing we ought to do, loopholes in existing laws have meant $900,000—without the incentive of mul- as I and others have recommended, is corrupt conduct can go unchecked. The timillion-dollar bonuses. There are get these GSEs on the track to going stain of corruption has spread to all many examples of intelligent, well- out of business as quickly as possible. levels of government, and that victim- qualified, patriotic individuals working Their track record is outrageous. The izes every American by chipping away in our Federal Government who make second thing, let’s not give millions of at the foundation of our democracy. significantly less than the top execu- dollars in bonuses to people who are The amendment, I believe, will help to tives at Fannie and Freddie, with just betting against the homeowners of restore confidence in government by as much responsibility. America. rooting out criminal corruption. It in- For example, the basic pay for a four- I yield the floor. cludes a fix to reverse a major step star general is $179,700. Including the The PRESIDING OFFICER. The Sen- backward in the fight against crime basic allowance for housing, that figure ator from Vermont. and corruption.

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with January 31, 2012 CONGRESSIONAL RECORD — SENATE S187 In Skilling v. United States, the Su- The PRESIDING OFFICER. Without lating insider trading laws is the preme Court sided with a former execu- objection, it is so ordered. breach of a duty of trust, of a fiduciary tive from Enron and greatly narrowed (The text of the amendment is print- duty. The law professors told us at our the honest services fraud statute, a law ed in today’s RECORD under ‘‘Text of hearing at the end of last year that in that has actually been used for decades Amendments.’’) fact one might raise the question of in both Republican and Democratic ad- Mr. LEAHY. I yield the floor. whether Members of Congress had a ministrations as a crucial weapon to The PRESIDING OFFICER. The Sen- duty of trust as defined in insider trad- combat public corruption and self-deal- ator from Maine. ing cases, which is more typically the ing. Unfortunately, whether intended, f duty of trust that a corporate execu- the Court’s decision leaves corrupt con- tive, for instance, has to stockholders. duct unchecked. Most notably, the RECESS I presume that most Members of Con- Court’s decision would leave open the Ms. COLLINS. Mr. President, I know gress would say of course we have a opportunity for State and Federal pub- of no other speakers who plan to come duty of trust, we have a very high duty lic officials to secretly act in their own to the floor before we are scheduled, of trust to our country, to our con- financial self-interest rather than in under the previous order, to recess at stituents. But it is, apparently, in the the interest of the public. 12:30. So I suggest that we might want contemplation of securities law, per- The amendment Senator CORNYN and to move up the recess time by a couple haps not covered by the existing defini- I have put together would close this moments. tions, so this bill makes clear that gaping hole in our anticorruption laws. The PRESIDING OFFICER. Under Members of Congress and our staffs are It includes several other provisions de- the previous order, the Senate will covered by insider trading laws. signed to tighten existing law. It fixes stand in recess until 2:15 p.m. We cannot derive personal profit the gratuities statute to make clear Thereupon, the Senate, at 12:28 p.m., from using nonpublic information that that while the vast majority of public recessed until 2:15 p.m. and reassem- we gain as a result of our public offices. officials are honest, those who are not bled when called to order by the Pre- That is made absolutely clear by stat- cannot be bought. It reaffirms that siding Officer (Mr. WEBB). ing that indeed we do have a duty of public officials may not accept any- trust to the Congress, to the govern- f thing worth more than $1,000, other ment of the United States and, most than what is permitted by existing STOP TRADING ON CONGRES- importantly, to our constituents, to rules and regulations, given to them SIONAL KNOWLEDGE ACT—Con- the people who were good enough to because of their official positions. It tinued send us here. also appropriately clarifies the defini- The PRESIDING OFFICER. The Sen- I do believe that provision gives us tion of what it means for a public offi- ator from Connecticut is recognized. an opportunity to take a step forward. cial to perform an official act under Mr. LIEBERMAN. Mr. President, It is going to take a lot more than one the bribery statute. It will increase what is the regular order, may I ask? step to rebuild the trust and confidence sentences for serious corruption of- The PRESIDING OFFICER. The that the American people have lost at fenses. It will provide investigators and pending amendment is amendment No. this moment in our history in Congress prosecutors more time to pursue these 1483 by Senator LEAHY to S. 2038. and in our overall Federal Government. challenging and complex cases. It Mr. LIEBERMAN. I thank the Chair. There are two other very important amends several key statutes to clarify So we are on the STOCK Act and Sen- provisions. One requires Members of their application in corruption cases to ator LEAHY has introduced this amend- Congress and our staffs to file a state- prevent corrupt public officials and ment within 30 days of any transaction, their accomplices from evading pros- ment, which I appreciate that he has done that. This underlying bill, as we purchase, or sale of a stock or other se- ecution based on legal ambiguities. curity with the Senate—and that If we are serious about addressing the said yesterday, responds to the concern about whether Members of Congress would immediately go on line, as will kinds of egregious misconduct we have now, as a result of this legislation, the seen in some of these high-profile cor- and our staffs are covered by insider trading laws; that is, laws that prohibit annual financial disclosure statements ruption cases, then let’s enact mean- that we file. Incidentally, these state- a person from using nonpublic informa- ingful legislation. Let’s give investiga- ments are now available to the public tion for private profit. tors and prosecutors the tools they but you have to go to the office here in I suppose most of us here believed we need to enforce our laws. It is one the Senate to get them and copy them. have always been covered by insider thing to have a law on the books; it is That is out of date and not consistent trading laws. There were some ques- another to have the tools to enforce it. with the general principles of trans- tions raised about that at the end of So I hope this bipartisan amendment parency and disclosure that I think last year. In fact, our committee held a will be adopted. people rightly expect of Congress I suggest the absence of a quorum. hearing on two bills offered, one by today. The PRESIDING OFFICER. The Senator KIRSTEN GILLIBRAND of New Our bill makes clear that both the clerk will call the roll. York, the other by Senator SCOTT annual statements and the 30-day The bill clerk proceeded to call the BROWN of Massachusetts, on this ques- statements have to be filed on line. roll. tion, and we had some broadly re- That should help provide the trans- Mr. LEAHY. Mr. President, I ask spected, credible experts on securities unanimous consent that the order for parency that the SEC itself has said— law who said in fact there might be a in testimony before the House of Rep- the quorum call be rescinded. question about Members of Congress, The PRESIDING OFFICER. Without resentatives on this bill or one quite whether Members of Congress and our similar to it—would assist them, the objection, it is so ordered. staffs were covered by Securities and Mr. LEAHY. Mr. President, I send to SEC, in guarding against insider trad- Exchange Commission law and regula- the desk an amendment to the sub- ing by Members of Congress or our tion on insider trading for a reason stitute proposed by myself and Senator staffs; that is, that the regular report- that would only make sense to lawyers CORNYN. ing, the 30-day reporting and the on- The PRESIDING OFFICER. Without and therefore may not be sensible but I line reporting, would assist them in objection, the pending amendment is will mention it anyway. preventing insider trading. set aside. It is that the law relating to insider I know there are a lot of amendments The clerk will report. trading is actually the result not of a filed; actually, thankfully, not too The bill clerk read as follows: specific statute prohibiting insider many, but a significant number. Seeing The Senator from Vermont [Mr. LEAHY], trading, it is the result of regulations the presence of the Senator from Okla- for himself and Mr. CORNYN, proposes an and enforcement actions by the SEC homa, I hope he may be here to take up amendment numbered 1483 to amendment pursuant to antifraud provisions of the one of his amendments. Obviously we No. 1470. Securities Exchange Act of 1934. would all like to begin to debate the Mr. LEAHY. I ask unanimous con- In these regulations that have be- amendments and have some votes. sent that further reading of the amend- come the law of insider trading, a nec- I yield to the Senator from Maine, ment be dispensed with. essary element for prosecution for vio- Senator COLLINS.

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with S188 CONGRESSIONAL RECORD — SENATE January 31, 2012 Ms. COLLINS. Mr. President, before be reported. I thank my colleague for our country is America does not see a the Senator from Oklahoma offers his clarifying that. Congress that is willing to address the amendment—and I will not take a Ms. COLLINS. I thank my colleague real issues and make the hard choices. great deal of time in my comments—I and friend from Connecticut, the chair- Hard choices are coming. We will want to respond to some questions that man of the committee. make those choices ultimately. Some many of our colleagues have raised Thank you, Mr. President, for allow- of us will not be here. But the longer about the reporting requirements in ing us to pose a question through the we delay in making those very difficult this bill. One of my colleagues, for ex- Chair. I hope our colleagues have heard choices—such as saving Medicare, such ample, has asked if a change in a Mem- this exchange, this colloquy, which as saving Social Security, such as re- ber’s or staff’s allocation in the Thrift clarifies what appears to be a rather forming the Tax Code to stimulate eco- Savings Program would be required to widespread misunderstanding about nomic activity and create job opportu- be reported under this bill. It would the reach of this bill. As I said, the 30- nities for Americans—that is what not. It is not required to be reported day issue is a different issue, a legiti- they want us doing. under the annual financial disclosure mate dispute as to whether that is too The other thing I will mention is I and it is not required under this bill. aggressive. We have some colleagues was one of two people who voted A second of our colleagues has who think it should be a 10-day report- against the last ethics law. I ask my brought up a question of how would ing period and an amendment has been colleagues, did we improve the Senate mutual funds be treated. Again, I filed to implement that. I personally with the last ethics law? Will we im- would say that the treatment is not prefer the 90 days in the original bill. I prove the quality of representation changed by this bill, other than the think that is more realistic. But the with this law? I do not think so. I time period. Under this bill, as under fact is there is a lot of misinformation think what we are doing is playing a the annual financial disclosure forms, and questions regarding what is re- political game to say we are all guilty, qualified investment funds—those are ported. I appreciate the clarification now we have to prove that we are not. the widely available mutual funds that from the Senator, the chairman of the That is not what our system of law is are exempt from trades being dis- committee. built on. Our system of law is built on closed—would be exempt under this bill At this point I yield to Senator the fact innocent until we are proven as well. COBURN for the next amendment. guilty. The assumption that the Senate As with our annual financial disclo- The PRESIDING OFFICER. The Sen- is undertaking now is that some of our sures, you still list the fund and the ator from Oklahoma. colleagues are doing insider trading on amount of assets in categories for Mr. COBURN. Mr. President, as my the stock market. Nothing could be those funds, but you indicate that they colleagues are no doubt aware, I stand further from the truth. The real insider are a qualified exempt fund and there in opposition to this bill, not because I trading is the horse-trading that goes is no requirement for trying to figure think we should have insider trading. on in this body that is not always in out what the trades are within that As a physician I am trained to fix the the best interest of the country. This fund. real problem and you are treating the legislation is not about to earn back I mention these two examples be- symptoms. Several months ago, CBS the trust of the American people. cause I fear there is some misinforma- did a series and showed some question- The SEC and the Ethics Committee tion about the bill that is circulating. able, not necessarily insider trading, already have the power to investigate There is a legitimate dispute over stock transactions, which, given the inside trading abuses. Yearly we fill whether 30 days is too short a time, low level of confidence by the Amer- out a report saying: Let’s deem every whether the 90-day period in the origi- ican public in this institution, have trade we have made. If it is true what nal bill is better, which is my own pref- raised the question: What about insider the chairman of the committee said erence. But the fact is that the infor- trading? that what the SEC would like to do is mation that is being reported is not I honestly believe everyone in our have it more refined so they can have being changed. The issue is how often body is never going to use insider trad- better access, then that ought to be the it is reported. The inquiries from my ing to advantage themselves over the bill we bring forward. We ought to colleagues about the implications for best interests of our country. But the bring forward a bill that says: No. 1, we the Thrift Savings Plan allocations and real problem is the confidence in the are under the laws of the SEC, section for qualified exempt investment funds, Congress to do what is in the best long- 10b, and we are. We don’t hear that said widely held mutual funds, remain the term interest of the country. The rea- anywhere, but we are. If our intent is same. They are reported, the category son the confidence is not there doesn’t to bring forward a bill to fix the poten- of the investment, the amount is re- have anything to do with insider trad- tial for insider trading, then that is ported, but the individual trades with- ing as we would normally think about what we ought to be doing. But the as- in the fund are not reported. it. It has to do with insider trading sumption we are guilty first and have I apologize for surprising the Senator that we do not normally think about, to prove we are not by making a notifi- from Connecticut with this inquiry, as to how we sell a vote to get some- cation every 30 days of any trade that and hope he will forgive me for that, thing else on the next vote, how we somebody makes for us—we may not but I would, through the Chair, pose a trade a position, how we saw positions have even been involved, but we have a question to the Senator from Con- were bought and sold on the health fiduciary that we asked to trade for us, necticut, the chairman of the com- care bill. Whether it be the Cornhusker and then we are going to have to make mittee, as to whether his under- Kickback or the Florida Gator-aid, that representation. standing is the same as mine with re- whatever it was, the fact is the Amer- Has anybody asked the question: gard to the Thrift Savings Plan and ican people saw behavior of Members of What happens if you do have inside in- qualified mutual funds? Congress doing things that were politi- formation, have no involvement what- The PRESIDING OFFICER. Without cally expedient rather than what is in soever in a trade because you put it in objection, it is so ordered. the long-term best interest of our a trust account for yourself, but it is Mr. LIEBERMAN. Mr. President, country. That is the real insider trad- still being traded and they happen to first let me thank Senator COLLINS for ing scandal we ought to be addressing. coordinate at the same time? Are you making these points because there is How do we do that? The way we ad- guilty of insider trading or are you concern about this particular part of dress that is bring to the floor bills going to spend $50,000 to $100,000 prov- the bill. There is a lot of misinforma- that actually address the problems our ing that you are not guilty? tion around. I totally agree with her country is having today. Every second This is a fine institution. It can be interpretation, which is that the re- of every day this year our Government better, but it is best when it fixes the porting on the 30-day basis in the bill will spend $121,000. We will borrow real problems, not the symptoms of the will not change what is reported and $52,000 a second every day. We are not problems. therefore both transactions within addressing any of that in the Senate. AMENDMENT NO. 1473 TO AMENDMENT NO. 1470 Thrift Savings Plan accounts and in We did not all last year and we are not Mr. President, I ask unanimous con- qualified mutual funds will not have to this year. The real problem in front of sent that the pending amendment be

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with January 31, 2012 CONGRESSIONAL RECORD — SENATE S189 set aside and that amendment No. 1473 fices, or initiative or initiatives already be a well-intentioned piece of legisla- be called up. exist. tion, but because we, as a Congress, The PRESIDING OFFICER. Is there ‘‘(c) This paragraph may be waived by joint have failed in our oversight responsi- objection? Without objection, it is so agreement of the Majority Leader and the Minority Leader of the Senate upon their bility, we don’t know that it is duplica- ordered. certification that such waiver is necessary as tive when we bring it to the floor and The clerk will report. a result of— pass it in the Senate. The legislative clerk read as follows: ‘‘(1) a significant disruption to Senate fa- All I am asking is, let’s do a The Senator from Oklahoma, [Mr. cilities or to the availability of the Internet; doublecheck, especially in the time of COBURN], for himself, Mr. UDALL of Colorado, or trillion-dollar deficits. We ought to do Mr. MCCAIN, Mr. BURR, Mrs. MCCASKILL, and ‘‘(2) an emergency as determined by the a doublecheck and make sure we are Mr. PAUL, proposes an amendment numbered leaders.’’. not duplicating something that is al- 1473. Mr. COBURN. This is a bipartisan ready happening. Mr. COBURN. Mr. President, I ask amendment. This amendment is spon- That is important for a second rea- unanimous consent that the amend- sored by Senator MCCAIN, Senator son: If we don’t know we are dupli- ment be considered as read. MCCASKILL, Senator UDALL from Colo- cating something, that means we are The PRESIDING OFFICER. Without rado, Senator BURR, and Senator PAUL, not ‘‘oversighting’’ what is occurring objection, it is so ordered. as well as myself. right now, the program or the office or The amendment is as follows: This is a straightforward amend- the initiative that is out there now, if (Purpose: To prevent the creation of duplica- ment. We have asked for this multiple we don’t have knowledge of it. Rather tive and overlapping Federal programs) times but have not gotten it. What this than create a new program, it might At the appropriate place, insert the fol- amendment says is, every bill that give us the opportunity to fix one that lowing: comes before Congress and to be con- was well-intentioned but is not work- SEC. lll. PREVENTING DUPLICATIVE AND sidered by the Senate should determine ing. OVERLAPPING GOVERNMENT PRO- whether it is duplicating something So this is a good government amend- GRAMS. that is already happening in the Fed- (a) SHORT TITLE.—This section may be ment that is bipartisan that says: Let’s cited as the ‘‘Preventing Duplicative and eral Government. It is common sense, do this before we pass additional legis- Overlapping Government Programs Act’’. and all we are saying is to have an lation. But let’s know what we are (b) REPORTED LEGISLATION.—Paragraph 11 analysis by the CRS, Congressional Re- doing. It is complete and it is thor- of rule XXVI of the Standing Rules of the search Service, to determine if the bill ough. It also will provide greater trans- Senate is amended— creates a new Federal program, office, parency for both us and taxpayers re- (1) in subparagraph (c), by striking ‘‘and or initiative that would duplicate or (b)’’ and inserting ‘‘(b), and (c)’’; garding the impact of the legislation overlap any existing Federal program, we are passing. (2) by redesignating subparagraph (c) and Federal office, or initiative with a subparagraph (d); and Some may say: What if we have an (3) by inserting after subparagraph (b) the similar mission, similar purpose, simi- emergency? This has a clause in it that following: lar goal or activities along with a list- says if it is an emergency, that require- ‘‘(c) The report accompanying each bill or ing of all the overlapping duplicative ment is waived. So if in the case of an joint resolution of a public character re- Federal programs or offices or initia- emergency we need to do something, ported by any committee (including the tives or initiative. we will waive the requirement that we Committee on Appropriations and the Com- Now, why is that important? Last mittee on the Budget) shall contain— have to look at CRS to see if there are February the GAO brought to us the duplications. So it is a commonsense ‘‘(1) an analysis by the Congressional Re- first third of the Federal Government search Service to determine if the bill or amendment. I would hope my col- joint resolution creates any new Federal pro- and outlined to us $200 billion worth of leagues will support it, and that we gram, office, or initiative that would dupli- spending on duplicate programs. They can, in fact, actually fix the real prob- cate or overlap any existing Federal pro- gave it to us. It was held as a great lems not the symptoms of the disease. gram, office, or initiative with similar mis- thing. Now we know we have all of AMENDMENT NO. 1474 TO AMENDMENT NO. 1470 sion, purpose, goals, or activities along with these areas: 82 teacher-training pro- Mr. President, I ask unanimous con- a listing of all of the overlapping or duplica- grams, 47 job-training programs, 56 fi- sent that the current amendment that tive Federal program or programs, office or nancial literacy programs, and on and is pending be set aside, and I call up offices, or initiative or initiatives; and on. They brought that to us, and we all ‘‘(2) an explanation provided by the com- amendment No. 1474. said that was good. The problem is we mittee as to why the creation of each new The PRESIDING OFFICER. Is there didn’t do anything about it. If we want program, office, or initiative is necessary if objection? Without objection, it is so to restore confidence in the Congress, a similar program or programs, office or of- ordered. fices, or initiative or initiatives already do something about the problems that The clerk will report. exist.’’. have been identified already. (c) SENATE.—Rule XVII of the Standing This is a good government policy The legislative clerk read as follows: Rules of the Senate is amended by inserting that says before we act on a new bill The Senator from Oklahoma, [Mr. at the end thereof the following: that we actually will know what we are COBURN], for himself and Mr. MCCAIN, pro- ‘‘6. (a) It shall not be in order in the Senate poses an amendment numbered 1474. doing, and we will have checked with to proceed to any bill or joint resolution un- The amendment is as follows: less the committee of jurisdiction has pre- CRS, and they will tell us if we are du- pared and posted on the committee website plicating again something that is al- (Purpose: To require that all legislation be an overlapping and duplicative programs ready happening now. placed online for 72 hours before it is voted analysis and explanation for the bill or joint One of the other amendments we on by the Senate or the House) resolution as described in subparagraph (b) should pass is to have every agency At the appropriate place, insert the fol- prior to proceeding. give us their list of programs every lowing: ‘‘(b) The analysis and explanation required year. Do you realize there is only one SEC. lll. AVAILABILITY OF LEGISLATION IN by this subparagraph shall contain— THE HOUSE AND SENATE. agency in the Federal Government, one ‘‘(1) an analysis by the Congressional Re- (a) IN GENERAL.—It shall not be in order in search Service to determine if the bill or department, that actually knows all the Senate or the House of Representatives joint resolution creates any new Federal pro- their programs? There is only one. It is to proceed to any legislative matter unless gram, office, or initiative that would dupli- the Department of Education. They are the legislative matter has been publically cate or overlap any existing Federal pro- the only ones we can go to and find a available on the Internet as provided in sub- gram, office, or initiative with similar mis- list of all of their programs. The rest of section (b) in searchable form 72 hours (ex- sion, purpose, goals, or activities along with them don’t know it. There is no cata- cluding Saturdays, Sundays and holidays ex- a listing of all of the overlapping or duplica- log. They have no idea. cept when the Senate or the House of Rep- tive Federal program or programs, office or So before we pass a new piece of leg- resentatives is in session on such a day) offices, or initiative or initiatives; and prior to proceeding. ‘‘(2) an explanation provided by the com- islation, we ought to at least have the (b) AVAILABILITY.—With respect to the re- mittee as to why the creation of each new help of the Congressional Research quirements of subsection (a), the legislative program, office, or initiative is necessary if Service, and we ought to pass good leg- matter shall be available on the official a similar program or programs, office or of- islation that doesn’t duplicate. It may website of the committee with jurisdiction

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with S190 CONGRESSIONAL RECORD — SENATE January 31, 2012 over the subject matter of the legislative our colleagues do. Why not put in the The STOCK Act does not create new matter. self-discipline that we have to rather restrictions for Congress against in- (c) WAIVER AND SUSPENSION.— than the political moment that says we sider trading. We all know that. Those (1) IN THE SENATE.—The provisions of this section may be waived in the Senate only by have to vote on this whether we know restrictions are there. There are no the affirmative vote of two-thirds of the anything about it or not? new restrictions. We don’t change the Members, duly chosen and sworn. During the health care debate, eight restrictions at all. The SEC has stated (2) IN THE HOUSE.—The provisions of this of my colleagues sent a letter to review that the Members of Congress and staff section may be waived in the House of Rep- the health care legislation. They ulti- are already subject to insider trading resentatives only by a rule or order pro- mately voted for the health care legis- laws. They just need some clarity with posing only to waive such provisions by an lation. Their request was to give them that. They also would like to have affirmative vote of two-thirds of the Mem- 72 hours to read the legislation. The timeliness with that. bers, duly chosen and sworn. legislative text and complete budget In fact, all Americans are subject to (3) POINT OF ORDER PROTECTION.—In the these laws, including the Senate, found House of Representatives, it shall not be in scores from the Congressional Budget order to consider a rule or order that waives Office of the health care legislation primarily in section 10b. This provision the application of paragraph (2). considered on the Senate floor should restricts anyone who trades stocks (4) MOTION TO SUSPEND.—It shall not be in be made available on a Web site the from using material nonpublic infor- order for the Speaker to entertain a motion public can access for at least 72 hours mation to profit financially, and Con- to suspend the application of this section prior to the first vote to proceed to the gress is no different from anybody else. under clause 1 of rule XV of the Rules of the legislation. The STOCK Act was carefully writ- House of Representatives. Why shouldn’t the public be able to ten to carefully reaffirm that Congress (d) LEGISLATIVE MATTER.—In this section, is not exempted from these laws, and I the term ‘‘legislative matter’’ means any see what we are doing 72 hours before bill, joint resolution, concurrent resolution, we do it? Just as important, why believe the chairman stated that just a conference report, or substitute amendment. shouldn’t we be able to know what we moment ago, which we would include Mr. COBURN. Mr. President, this is are doing before we vote so it is in this. As such, the bill brings no new another good government amendment. straightforward, commonsense, and reforms to the table nor does it create If we want to restore confidence, this is transparent to the American public as any real expectation that behavior will something we should do. It says before well as to our colleagues in the Senate change. It just requires paperwork fil- we vote on a bill, we are going to have that now we have the time available to ing. All Members and relevant staff at least 72 hours to read it. It is going read a piece of legislation con- should have to certify they are not to be available online with a CBO score templated and hopefully have the op- trading on private information. Each year every Member and certain so that when we cast a vote, we actu- portunity to improve it. What is the high-salaried staff are required to dis- ally know what we are casting a vote goal? The best long-term outcome for close their financial holdings. Senate on and we actually know how much it the country. rule 37 also already prohibits any Sen- costs. It just says it has to be online AMENDMENT NO 1476 . ator or staff from conflicts of interest. for 72 hours. Mr. President, I would ask that the That would be a conflict of interest. In other words, we get the privilege pending amendment be set aside, and I of reading the bills we are voting on, Specifically, rule 37 prohibits the recall up amendment No. 1476. ceipt of compensation by virtue of in- and we also get the privilege of know- The PRESIDING OFFICER. Without ing the financial costs of the bill or at fluence improperly exerted from his po- objection, it is so ordered. sition as a Member or officer or em- least an estimate of the financial cost The clerk will report. and what that will entail. This trans- ployee. The legislative clerk read as follows: So we are covered doubly. We are al- parency is designed to make the Senate The Senator from Oklahoma, [Mr. ready covered under rule 37, and we are better. If we want to build confidence COBURN], proposes amendment numbered covered under section 10b of the Securi- with the American public, then the 1476. ties and Exchange Act. way we build confidence is to assure The amendment is as follows: If, in fact, somebody fails to do this, them that we knew exactly what we (Purpose: In the nature of a substitute) then they will be liable under the False were doing when we cast a vote, not Strike all after the enacting clause and in- Statements Act in title 18, section 1001, guessing at what the consequences and sert the following: which makes it a crime to lie to Con- the details of that legislation are. SECTION 1. MEMBER CERTIFICATION. gress. Section 1001 prohibits anyone For many pieces of legislation right Section 102(a) of the Ethics in Government from knowingly and willfully making now, what we have seen in the last 2 or Act of 1978 is amended by inserting at the any material false, fictitious, or fraud- end the following: 3 years is there was no time given, no ulent statement to the government. capability to study the legislation to ‘‘(9)(A) A statement (as provided in subparagraph (B)) certifying that financial The punishment for violating the False make improvements, and many of the Statements Act is a fine and a prison pieces of legislation came without the transactions included in the report filed pursuant to section 101 (d) and (e) were not term up to 5 years. This does not mean ability to modify it. If we cannot read made on the basis of non-public information. that someone who makes a good-faith the legislation, then we cannot amend ‘‘(B) The certification required by this effort but mistakenly forgets some- it. What does that tell us about the leg- paragraph is as follows: ‘I hereby certify that thing will face punishment. Yet any islative temperament and thoughtful- the financial transactions reflected in this Member who knowingly signs that ness of the Senate? We cannot read it, disclosure form were not made on the basis form in error will be liable for making of material, non-public information.’ ’’. we don’t have time to contemplate and a false statement on his or her fi- consider it, and we cannot amend it Mr. COBURN. Mr. President, this nances, carrying large penalties. even if we could. That doesn’t have amendment would provide a complete I think efforts to reestablish trust in anything to do with the Senate as it substitute for the STOCK Act. It re- the Congress are important. I disagree was designed and has functioned for quires Members and staff to certify with my colleagues that this is one the last 170 years. It has everything to that they have not used inside informa- that will make a difference. It won’t. do with politics today rather than the tion for private financial profit. In Nothing materially changes other than best long-term interests of the coun- other words, they are going to make an a paperwork requirement. Nothing ma- try. affirmative statement under the law terially changes other than having to Amendments like this have gained a that they have not violated section 10b report every 30 days instead of annu- large amount of bipartisan support and of the Securities and Exchange Act. All ally. have had the support in the past when Members would be required to sign the What is the real problem? The people we voted on it, although we have not following statement on an annual fi- of this country do not have confidence acquired the 67 votes that have been nancial disclosure form: I hereby cer- in Congress because Congress does not necessary in the past to pass it. The co- tify that the financial transactions re- address the real issues of the country. sponsor of this amendment is Senator flected in this disclosure form were not Mr. President, I yield the floor. MCCAIN. He understands the impor- made on the basis of material non- The PRESIDING OFFICER. The Sen- tance of reading what we pass. All of public information. ator from Connecticut.

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with January 31, 2012 CONGRESSIONAL RECORD — SENATE S191 Mr. LIEBERMAN. Mr. President, I getting other much more important expressed and believe that if the legis- rise to thank my friend from Oklahoma things done, including, as Senator lation doesn’t explicitly state that a for coming to the floor and introducing COBURN has stated, doing something duty of trust exists and is held by these three amendments. It begins the about the debt and the deficit. I have Members of Congress, then the legisla- process of considering the legislation. been privileged to work with him on tion will not do what is needed to get I wish to go back to the first point he some ideas we have put forward to at the problem, which is whether an in- made, which I think is an important make that happen. We can’t do it and sider trading case brought before a point—that we have to do a lot more make everybody happy. We can’t do it court could be objected to by a Member than deal with the concern that Mem- and make all the interest groups of Congress who is the target of that bers of Congress and our staffs are not happy. But that is not why we came suit. covered by insider trading laws to re- here. We came here to support and pro- Mr. COBURN. Will the Senator yield? store the confidence of the American tect this extraordinary country of ours Mr. LIEBERMAN. Yes. people in this institution. It has taken that we are blessed to be citizens of. So Mr. COBURN. Through the Chair, a long time to get us as low as we are I say that by way of a first reaction. would the chairman accept that modi- in public esteem today, and it is going The second is that I wish to take fication to my amendment, that we to take a long time, I am afraid, to get some time in that context to take a would, in fact, establish positively that back to it. look at amendments Nos. 1473 and 1474 Members of Congress are under rule 10b The first thing we can do is begin to that the Senator from Oklahoma has of the Securities and Exchange Com- work more across party lines to be less introduced, the first to prevent the cre- mission? Would that give the Senator partisan, to be less ideologically rigid. ation of duplicative and overlapping less heartburn? This institution represents people Federal programs, and the second is Mr. LIEBERMAN. Well, it would give across the widest array of origins, of this requirement that all legislation be me less heartburn, but it would prob- ideologies, of political policy beliefs, et placed online for 72 hours before voted ably still leave me needing at least a cetera. We can’t function without com- on in the House and Senate. Both of Rolaid. promise. When I say ‘‘compromise,’’ I these on first response have some Mr. COBURN. Well, I have plenty of don’t mean a compromise of principle, merit, in my opinion. Certainly the those. In fact, I will do better—I will I mean compromise in the sense that first one has a lot of merit. give you a Zantac. one can rarely in a democratic institu- I am concerned and I know all of us— Mr. LIEBERMAN. We should reason tion of this kind—small ‘‘d’’—get ev- meaning Senators COLLINS, BROWN, and together. But, as the Senator from erything one aspires to get on a par- GILLIBRAND—who have worked to bring Oklahoma knows, there are three main ticular piece of legislation. If a person the main parts of the bill out are con- parts to the STOCK Act. One is the gets half of what they are aspiring to cerned that we not go too far afield in declaration we have just talked about, or even more, hopefully, that is a good amendments to the bill for fear that it and the second and third are disclosure result. will weight it down and it will ulti- requirements, one 30 days, and then the It reminds me of what my dad used mately get stopped or, at worst, that other is the online requirement. But I to say about marriage, which was that the majority leader will take the bill am glad to talk with the Senator about in a successful marriage a spouse felt off the floor because we are not coming adding the requirement of a certifi- they were giving in 70 percent of the to a point of completing our business cation to the STOCK Act as opposed to time to the other spouse, and maybe because amendments keep coming in substituting it for the whole STOCK that is a good guideline for a successful that are not relevant. But these are Act. Congress. We are not doing that two serious amendments, and I want to The PRESIDING OFFICER. The Sen- enough here, and we are particularly look at them and take a little time to ator from Oklahoma. not doing it enough on the central respond. Mr. COBURN. Mr. President, I ask question of the deficit annually and the The third, amendment No. 1476, I unanimous consent that my amend- debt overall. The public sees this, so guess is a good news, bad news reaction ment No. 1476 be modified with the they are upset. that I have. The good news is that this change to the instruction line only. I I wish to, therefore, put what we are really is directly relevant to the sub- am just doing some housekeeping on doing in the STOCK Act in context. I stance of the bill. The bad news, if you that. think if we pass it, both because of the will, is that I am opposed to it because The PRESIDING OFFICER. Is there clarity with which we state that Mem- it really does—it is a totally different objection? bers of Congress and our staffs are cov- approach to what we are trying to do in Without objection, it is so ordered. ered by anti-insider trading laws and the bill. I don’t think it accomplishes The amendment is as follows: the disclosure improvements we make the intention of most Members on this Strike all after the first word and insert in the law, we will take a step forward bill because it would really replace the the following: in beginning to rebuild some con- entire STOCK Act with the require- SECTION 1. MEMBER CERTIFICATION. fidence the American people have lost ment that Members or anyone in the Section 102(a) of the Ethics in Government in this institution, but, O Lord, it is government who has to fill out a finan- Act of 1978 is amended by inserting at the only the beginning. The more we can cial disclosure form certify that they— end the following: deal particularly with the imbalances we—haven’t traded on inside informa- ‘‘(9)(A) A statement (as provided in sub- we have created in our Federal books, tion. I don’t think as a result that the paragraph (B)) certifying that financial transactions included in the report filed pur- the more we are going to restore con- amendment does anything to clarify suant to section 101 (d) and (e) were not fidence in this institution. the current ambiguity in the law; that made on the basis of non-public information. Also, I hope we can prove on this is, the question we heard raised before ‘‘(B) The certification required by this measure and any number of others that our committee by these experts on se- paragraph is as follows: ‘I hereby certify that we are still capable of working across curities law about whether Members of the financial transactions reflected in this party lines to get things done. That is, Congress are really covered. If we don’t disclosure form were not made on the basis after all, why our constituents sent us clarify that we have a duty of trust to of material, non-public information.’ ’’. here. bring our behavior totally within exist- Mr. COBURN. I would make one This is the beginning of my 24th year ing securities law against insider trad- other point, and I am not trying to put in the Senate. It has been a privilege. ing, then I don’t think the legislation my chairman in the hot seat, but no- This is my last year in the Senate would get us to where we need to go body in this Chamber can name some- since I have announced I am not seek- and we are still left with the kind of body right now who is trading on inside ing reelection. I am forced to say that ambiguity that creates the kind of misinformation. I believe that is a true last year was the least productive of trust I know none of us want. statement. Yet we are changing the the 23 years I have been here. I hope we We have spoken at length on this law not because anybody has done can perhaps on this bill prove, at least, question with the Securities and Ex- something wrong but because we are that we can come together and get this change Commission staff, and I must struggling to try to get people to think done, and it will be the beginning of say they share the concerns I have just we are doing things right. There is

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with S192 CONGRESSIONAL RECORD — SENATE January 31, 2012 nothing wrong with that as long as we curities and Exchange Commission, submitted in the committee by Senator are not going to entrap our colleagues. then there won’t be any defense that PAUL, and adopted, the insider trading The question I have is, if we can’t the law doesn’t cover Members of Con- parts of the bill do relate to executive name somebody and if there is not fac- gress. It is simple as that. branch employees. The 30-day disclo- tual truth, what we are really putting But let me come to the other point. sure requirement does not. I am happy the Senate on notice for is that, by the I know there is a lot of unease amongst to work with the Senator on this. I way, you are assumed to be trading on some Members about the 30-day re- gather the administration itself applies inside information now, and therefore quirement in this bill, which is that certain disclosure requirements to a we must do this to ensure that you are within 30 days one has to file a disclo- group of people in the administration not. Well, I don’t believe anybody in sure of any trade in a stock or security at a Cabinet level or somewhat slightly this body is doing that. And when we that a Member has been involved in below, but, obviously, not to all execu- put our Members in that position by that has a value of more than $1,000. tive branch employees. But we can talk changing the law to, for example, 30 There is a lot of concern about the re- about this one. days—if I have three stock tradings quirements that will put on Members. I continue to be concerned, overall, and I miss it by 1 day, what is the con- Ultimately, the Ethics Committee will that we are going to extend this so far sequence of that filing and of this bill? adjudicate this. I assume there would and make it so ‘‘good’’ that it is going What is going to be the penalty that be some rule of reasonableness if an un- to fall of its own weight and not make comes out of the Ethics Committee for intentional error was made, and I cer- it through. But the Senator is raising a missing it 1 day or missing one of the tainly am happy to try to clarify in re- reasonable question, and Senator three trades because you didn’t know? port language what our intention is, BROWN and I just talked about it. We We have lots of questions that are not but the overall intention is to create are glad to continue the conversation. answered. transparency. Mr. COBURN. Mr. President, I would I can tell my colleagues that many While I am on this—and I will be very make a couple points. One, we already Members of this body have spent a lot brief with this—I know that people are file all our stock trades—correct?— worried about what it will take to ful- of their personal money defending every year. fill this requirement and that it is in themselves on accusations that were Mr. LIEBERMAN. That is right. We some sense unfair to ask Members of absolutely untrue before the Ethics file annually. Congress to have to disclose stock pur- Committee, and that should be ad- Mr. COBURN. Every change in every chases or sales within 30 days. But it is investment we have, we file every year. dressed and clarified in the body, the my understanding that people defined We already do that. We are already report language, of this bill. I have no doubt this bill is going to by law as corporate insiders have to de- under rule 37 of the rules of Senate pass in one form or another. I under- clare it within 48 hours of trades they Ethics, which forbids any conflict of in- make in their company stock. The staff stand I am in the very slim minority of terest action that would benefit our- of the SEC have to publicly declare people who think it is unnecessary be- selves. That would include inside infor- their trades within 5 days. So it is pos- cause I think the law already applies to mation to trade stocks. There are 5 to sible to do this. I gather it is possible us, and I also don’t think we have a 10 times as many senior executive posi- to do it by simply asking whomever tions within the administration than bunch of cheats working in the Senate. trades for you to copy the office here in Members of Congress that, in fact, this But would the Senator agree through the Senate when a transaction occurs, same thing should apply to. the Chair that we ought to make clari- and then it automatically goes into a If the important thing is ‘‘within 30 fication of everything we can so we database online. We are asking more, days,’’ my hope would be the chairman know what the ultimate results are or and for some it will be an inconven- and the sponsor of the bill, Senator are we going to leave that up to the ience. But we are different. We hold a BROWN, would give very clear instruc- lawyers on the Ethics Committee? public office. We have a public trust tions to the Ethics Committee on how What are we going to do with that? Are and public responsibility. So that is this is to work. Because I will note for we going to determine what the pen- why this provision was in the original you, last year 16 Senators got a 90-day alties are for late filing or an acci- STOCK Act introduced in the House, extension on their filings with the Eth- dental omission? What is going to be bipartisan, and here in the Senate, ics Committee. That is 16 percent. We our direction to the Ethics Committee both by Senator GILLIBRAND and Sen- have to have some vow to make sure in this regard? ator BROWN. But I do want to state I we do not put the Members who are ab- Mr. LIEBERMAN. Mr. President, I am happy to work with the Senator solutely innocent of anything in a cor- thank Senator COBURN. Let me go back from Oklahoma on report language ner because they cannot timely re- to the first point, but it is not the that will encourage the Ethics Com- spond to this bill. question he ultimately asked. So my hope is—and I will finish with The Senator is raising a very high mittee to apply a kind of rule of reason if there is an unintentional violation of this; I know Senator BROWN wants to standard because I hope nobody is in- speak—looking at the timeliness of the volved in insider trading as a Member that 30-day reporting requirement. The PRESIDING OFFICER (Mr. filing I think is important to still ac- of Congress. I presume they are not. FRANKEN). The Senator from Okla- complish what you want, but not make There were some serious allegations homa. it so rigorous that people are going to made last year by people outside Con- Mr. COBURN. Mr. President, I have fall out of that. We all know how gress against Members of—certain one more question for the chairman. things get busy here, how we come in, Members of Congress, a small number. If, in fact, this is what we should do— we come out. We are traveling, and we They have been denied and responded and I think the body is going to agree have all these things we are responding to by those Members. I presume that if this is what we should do—does not the to. It will be difficult for many Mem- there is any substance to them, the Senator think this should apply to the bers to comply with the 30 days. SEC will be investigating and take ac- administration as well, the executive My hope would be you would look at tion. But obviously, necessarily, for branch, that this should apply the that, and you would also look at rule 37 dealing with insider trading, we would same 30-day rule to every member of of Senate Ethics because, in fact, we not know it is going on because they the executive branch? You talk about are already doubly covered. We are are using nonpublic information pri- real knowledge of inside information, covered under 10b. And I do not have vately to secure private profit. So, as they have it. We do not have it. They any problem with modifying my the Senator from Oklahoma well have it. Why would this rule not apply amendment to say we are covered so knows, the purpose of the law is to to—no matter who is President—execu- you cannot have a defense to say you make sure that if anybody is doing tive employees in the administration? are not. But we are also covered under this—and again, I know the people Mr. LIEBERMAN. Mr. President, the rule 37, which forbids any conflict of here, this is an honorable group of peo- Senator from Oklahoma is asking good interest under which you would benefit ple, but if anybody is acting dishonor- questions. personally. ably—human nature being what it is— Let me say first, as a point of clari- With that, I yield the floor and thank and a prosecution is brought by the Se- fication, as a result of an amendment the chairman of the committee.

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with January 31, 2012 CONGRESSIONAL RECORD — SENATE S193 The PRESIDING OFFICER. The Sen- ice, whether we are going to bring business community, must be going ator from Massachusetts. about reforms which make the Postal out to consumers and saying: We have Mr. BROWN of Massachusetts. Mr. Service strong and relevant to the 21st these services we can offer you. President, I have enjoyed the back and century and the digital age or whether I will give you a few examples, and forth between the chairman and the we—as the Postmaster General has some of them, by the way, are included Senator from Oklahoma. The Senator proposed—cut 40 percent of the work- in the legislation brought forth by Sen- from Oklahoma has raised some very force, shut down 3,700 post offices— ators LIEBERMAN and CARPER and COL- valid points, points that we actually most of them rural—end Saturday mail LINS and SCOTT BROWN. had discussed in committee. service, lay off or cut back on the For example, in a rural State, if peo- I originally asked for a 90-day report- workforce of the Postal Service by 40 ple would like to walk into a post of- ing period, and it was changed out of percent—over 200,000 American work- fice and get a letter notarized, they committee to the 30-day period. Obvi- ers, many of them, by the way, vet- cannot do it today. If people walk into ously, I am happy to work with the erans who are now serving and working a post office and want to get 10 copies Senator from Oklahoma and the chair- in the Postal Service. of their letter, they cannot do it today. man and the ranking member to deter- Let me start off again with what the The United States Congress has said mine if, in fact, there is some guidance Postmaster General has proposed. Let they cannot do that. If somebody walks necessary to Ethics; and, sure, I am me talk a little bit about legislation into a rural post office and wants to happy to do it. This needs to not only which has been led by Senator LIEBER- get a fishing license or a hunting li- be done in the proper manner but, obvi- MAN and Senator CARPER, which I cense or fill out a driver’s license, they ously, to be implemented in a way that think will be coming to the floor, I ex- cannot do that right now. everybody can comply and not be pect, next week, and then talk about So I think what we need is a new caught short in that type of situation. where I think, and a number of us business model for the post office, So I am looking forward—in speaking think, we should be going to strength- much more entrepreneurial. I would to the chairman—that we will cer- en that bill. suggest—and what is happening around tainly take those valid points into con- No. 1, this is what the Postmaster the world is, clearly, the United States sideration, any guidance we need to General has suggested that he needs to Postal Service is not the only postal put in for the record, or letters of guid- do in order to solve the financial prob- service having to deal with the digital ance to Ethics as to what our legisla- lems facing the Postal Service. One, world. What we are seeing in Europe tive intent is. I am happy to do that close down about 3,700, mostly rural, and throughout the world is countries and look forward to continuing that di- post offices. I will tell you, coming responding by giving their postal serv- alog. from a rural State, a post office is not ices much more flexibility. I yield the floor. just a post office. In many parts of One example: A lot of people are un- Mr. LIEBERMAN. Mr. President, I Vermont, many parts of America, rural employed. A lot of people get unem- thank my friend from Massachusetts. post offices serve many functions. If ployment checks. Sometimes in order Seeing no one else seeking recogni- you get rid of those post offices, you to cash those checks they have to go to tion, I suggest the absence of a are causing severe distress to the iden- a payday lender. Why can’t they walk quorum. tity, the sense of self of small towns in into a postal service and cash that The PRESIDING OFFICER. The rural America. check at a minimal fee rather than clerk will call the roll. No. 2, what the Postmaster General paying 10, 15, or 20 percent to a payday The assistant legislative clerk pro- has suggested is the shutting down of lender? ceeded to call the roll. about 252 mail processing facilities— Mr. SANDERS. Mr. President, I ask about half of the mail processing facili- So I think one of the provisions that unanimous consent that the order for ties in this country. If you do that, has to be included in any serious postal the quorum call be rescinded. there is no debate that you are signifi- reform legislation is a blue ribbon com- The PRESIDING OFFICER. Without cantly slowing down the delivery of mission made up of the best entre- objection, it is so ordered. mail in America. If you used to put a preneurs we can find, those people THE POSTAL SERVICE letter in a postal box, and it might get within the Postal Service who have the Mr. SANDERS. Mr. President, I want there in 1 day, now the talk is it may most experience who will tell us what to say a word about an issue I think get there in 3 days. If today it gets we can do and how we can raise addi- has not gotten the kind of attention it there in 3 days, it might in the future, tional revenue when we have thousands deserves here in Washington or even under these cuts, get there in 5 days. of post offices all over this country. among the general public; that is, the Here is the fear I have and many Can they be renting out their space? situation regarding our Postal Service. other Members of the Senate and What other services can they be pro- Right now, for a number of reasons, House have: If the Postal Service is viding? Right now we have our letter the Postal Service is facing financial trying to compete against the instan- carriers delivering mail to about 150 difficulties. taneous communications of e-mail, million doors every single day, 6 days a No. 1, it is no secret to any American what does it mean that you are slowing week, all over the country. What more that first-class mail has declined sig- mail service significantly? Many of us can they be doing? nificantly because the American people believe this is the beginning of a death So the debate we are having is two are using e-mail and not first-class spiral for the Postal Service in the visions of the future of the post office. mail, and that decline in first-class sense that many consumers, many No. 1, the Postmaster General is say- mail has significantly impacted the businesses will say: Hey, what is the ing: Let’s cut 40 percent of the work- revenue for the Postal Service. sense of me working with the Postal force over a period of time. Let’s slow Second of all, not widely known is Service if my mail or packages are down mail delivery service. That is the the fact that the Postal Service, every going to get there in 3 days or 5 days? business model he is proposing. single year now, because of legislation So we think shutting down 252 mail Some of us are saying, when we have passed in 2006, is forced to come up processing facilities, slowing down a rural constituency, when we have with $5.5 billion—every single year—for mail services, is laying the foundation senior citizens who live at the end of a future health retiree benefits. To the for the destruction of the Postal Serv- dirt road who are dependent upon the best of my knowledge—and to the best ice as we know it. post office in order to get their pre- of the knowledge of anybody whom I To my mind, the issue is not whether scription drugs in the mail, when we have talked to—there is no agency of we make changes or maintain the sta- have rural areas that very much de- government forced to come up with tus quo. The status quo is not working. pend on rural post offices, that the goal anything near this kind of onerous re- The Postal Service has to change. In is to give more flexibility to the post quirement, nor is any corporation in my view, and I think the view of many offices so they can be more competi- the private sector doing that as well. others, the Postal Service must become tive, so they can raise additional sums So the issue we face is whether we much more aggressive, much more en- of funding in order to deal with their are going to save the U.S. Postal Serv- trepreneurial, must be going out to the financial problems.

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with S194 CONGRESSIONAL RECORD — SENATE January 31, 2012 A couple of specific points: Almost The Senator from Kentucky [Mr. PAUL] ‘‘TITLE VI—GOVERNMENT-WIDE LIMITA- everybody agrees now that the $5.5 bil- proposes amendments numbered 1484, 1485, TION ON INVOLVEMENT IN MATTERS IN- lion required from the post office is ab- and 1487 to amendment No. 1470. VOLVING FINANCIAL INTEREST solutely onerous. I have talked to the Mr. PAUL. Mr. President, I ask unan- ‘‘SEC. 601. LIMITATION ON INVOLVEMENT. Office of Personnel Management. They imous consent that the reading of ‘‘(a) DEFINITIONS.—In this section— ‘‘(1) the term ‘Executive agency’ has the think $2.5 or $3 billion is quite enough, amendments be dispensed with. The PRESIDING OFFICER. Without meaning given that term in section 105 of given the fact we have $45 billion al- title 5, United States Code; ready in the account. Talk to other objection, it is so ordered. ‘‘(2) the term ‘equity interest’ includes people and they will say given the fact The amendments are as follows: stock, a stock option, and any other owner- that $45 billion is already earning in- AMENDMENT NO. 1484 ship interest; terest, that, in fact, we do not have to (Purpose: To require Members of Congress to ‘‘(3) the term ‘immediate family member’ do anything. We do not have to add certify that they are not trading using ma- has the meaning given that term in section anything more into that account, and terial, non-public information) 115 of title 18, United States Code; ‘‘(4) the term ‘remuneration’ includes sal- it will deal with all of the future health Strike all after the enacting clause and insert the following: ary and any payment for services not other- care retiree benefits the post office re- wise identified as salary, such as consulting quires. SECTION 1. MEMBER CERTIFICATION. Section 102(a) of the Ethics in Government fees, honoraria, and paid authorship; and So I believe we have to be very firm Act of 1978 is amended by inserting at the ‘‘(5) the term ‘significant financial inter- and say, No. 1, if the post office is end the following: est’, relating to an individual, means— going to survive in any significant ‘‘(9)(A) A statement (as provided in sub- ‘‘(A) with regard to any publicly traded en- way, we have to maintain 1- to 3-day paragraph (B)) certifying that financial tity, that the sum of the fair market value of delivery standards for first class mail. transactions included in the report filed pur- any remuneration received by the individual Second, we have to maintain 6-day de- suant to section 101 (d) and (e) were not from the entity during the most recent 2- made on the basis of non-public information. year period and the fair market value of any livery of mail, not end Saturday serv- equity interest of the individual in the enti- ice. Third, we have to protect our rural ‘‘(B) The certification required by this paragraph is as follows: ‘I hereby certify that ty is more than $5,000; and post offices. Fourth, we have to signifi- the financial transactions reflected in this ‘‘(B) with regard to any entity that is not cantly reduce prefunding requirements disclosure form were not made on the basis publically traded— for future retiree health benefits, not of material, non-public information.’ ’’. ‘‘(i) that the fair market value of any remuneration received by the individual from to mention that there is also wide- SEC. 2. USE OF NONPUBLIC INFORMATION AND spread agreement that the Postal Serv- INSIDER TRADING BY CONGRESS the entity during the most recent 2-year pe- ice has overpaid the FERS account, the AND FEDERAL EMPLOYEES. riod is more than $5,000; or ‘‘(ii) that the individual has an equity in- Federal Employment Retirement Serv- A Member, officer, or employee of Con- gress, a Federal employee (as defined in sec- terest in the entity. ice, by some $11 billion. Obviously, that tion 2105), including the President, the Vice ‘‘(b) LIMITATION.—An individual may not has to be dealt with. President, and an employee of the United hold a position as an officer or employee of Lastly, in my view, as I said pre- States Postal Service or the Postal Regu- an Executive agency in which the individual viously, we need to develop a new busi- latory Commission, and a judicial officer are would have oversight, rule-making, loan, or ness model for the Postal Service, get not exempt from and is fully subject to the grant-making authority— them involved in the digital age, not prohibitions arising under section 10(b) of ‘‘(1) over any entity in which the indi- the Securities Exchange Act of 1934 and Rule vidual or the spouse or other immediate fam- run away from it—get them involved. ily member of the individual has a signifi- Expand what they can do both with 10b–5 thereunder, including the insider trading prohibitions. cant financial interest; or State and local governments as well as ‘‘(2) the exercise of which could affect the AMENDMENT NO. 1485 what they can do with the private sec- intellectual property rights of the individual tor. (Purpose: To apply the reporting require- or the spouse or other immediate family So in the coming days, this is an ments to Federal employees and judicial member of the individual.’’. officers) issue that a number of us will be work- Mr. PAUL. These amendments are ing on. I look forward to the support of Strike section 6 and insert the following: recognizing what the authors of this SEC. 6. PROMPT REPORTING OF FINANCIAL my colleagues on both sides of the TRANSACTIONS. bill have been discussing: that people aisle. (a) REPORTING REQUIREMENT.—Section 101 should not profit off of their involve- I yield the floor. of the Ethics in Government Act of 1978 is ment in government; they should not The PRESIDING OFFICER. The Sen- amended by adding at the end the following profit off of special relationships; they ator from Massachusetts. subsection: should not profit off of special knowl- Mr. BROWN of Massachusetts. Mr. ‘‘(j) Not later than 30 days after any trans- edge they gain in the function of serv- President, I appreciate the Senator’s action required to be reported under section ing the people. reference to the post office, and the 102(a)(5)(B), a Member of Congress or officer Currently, there are some large do- postal issue is something Senators or employee of Congress, a Federal employee (as defined in section 2105), including the nors who have been giving to this ad- COLLINS, LIEBERMAN, CARPER, and I President, the Vice President, and an em- ministration who have profited enor- have been working on probably about ployee of the United States Postal Service or mously and disproportionately. This 300 or 400 hours at this point. So I look the Postal Regulatory Commission, and a ju- will allow this bill to apply to the ad- forward to his involvement as well. dicial officer shall file a report of the trans- ministration, and I do not believe peo- At this point, getting back to the action.’’. ple who are multimillionaires and bil- business at hand dealing with the (b) EFFECTIVE DATE.—The amendment lionaires should use the apparatus of made by subsection (a) shall apply to trans- STOCK Act, I ask that Senator PAUL government, as was used in the loans be recognized. I believe he has three actions occurring on or after the date that is 90 days after the date of enactment of this that were given to Solyndra, by some- amendments that he would like to Act. one who is profiting off of their rela- offer. AMENDMENT NO. 1487 tionship and ties to the President, prof- I yield the floor. iting off of people who used to work for The PRESIDING OFFICER. The Sen- (Purpose: To prohibit executive branch appointees or staff holding positions that these companies who are now employed ator from Kentucky. give them oversight, rule-making, loan or in the administration and using these AMENDMENTS NOS. 1484, 1485, 1487 TO AMENDMENT grant-making abilities over industries or connections to get taxpayer money to NO. 1470 EN BLOC companies in which they or their spouse go to private individuals. This is wrong Mr. PAUL. Mr. President, I ask unan- have a significant financial interest) and this should stop. imous consent to set aside the pending At the appropriate place, insert the fol- I think this bill is a great vehicle for amendment and call up amendments lowing: discussing how people in government Nos. 1484, 1485, and 1487 en bloc. SEC. lll. LIMITATION ON EXECUTIVE BRANCH are abusing their roles in government The PRESIDING OFFICER. Without OFFICERS AND EMPLOYEES IN- to make more money at the expense of VOLVEMENT IN MATTERS INVOLV- objection, it is so ordered. ING FINANCIAL INTEREST. the taxpayer. I think it should end. The clerk will report. The Ethics in Government Act of 1978 (5 I yield the floor. The assistant bill clerk read as fol- U.S.C. App) is amended by adding at the end The PRESIDING OFFICER. The Sen- lows: the following: ator from Massachusetts.

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with January 31, 2012 CONGRESSIONAL RECORD — SENATE S195 Mr. BROWN of Massachusetts. Mr. do not want insider trading, Congress- in insider trading? The fact is, insider President, we obviously just received men and Senators benefiting from their trading is illegal for all Americans, in- the amendments. We look forward to service in any personal way, if we want cluding Members of Congress. All digesting them and actually working to get at the root cause of many of the along, the SEC, the Securities and Ex- on some of the points. They are well problems here, many of the problems change Commission, has had the au- taken. So we look forward to doing between parties across the aisle, many thority to enforce insider trading laws. that. of the false differences, we need to But it is time for a little clarity. Since there is no Democrat here to limit the terms of people who come to Trust and accountability are critical to offer another amendment, I would Washington and bring in some fresh our roles in Congress. That is why I then, in the spirit of back and forth, voices from all over the country. I support and have cosponsored this im- yield the floor to the Senator from think we will get better government, portant bill, the STOCK Act. This South Carolina. certainly less corruption. stands for Stop Trading on Congres- The PRESIDING OFFICER. The Sen- I yield the floor, and I suggest the ab- sional Knowledge, again, the STOCK ator from South Carolina. sence of a quorum. Act. This bill reaffirms that it is AMENDMENT NO. 1488 TO AMENDMENT NO. 1470 The PRESIDING OFFICER. The against the law for Members of Con- (Purpose: To express the sense of the Senate clerk will call the roll. gress to engage in insider trading and that the Senate should pass a joint resolu- The assistant legislative clerk pro- confirms that anyone who does not fol- tion proposing an amendment to the Con- ceeded to call the roll. low the rules will be prosecuted. stitution that limits the number of terms Mr. BEGICH. Mr. President, I ask Members of Congress are not, and a Member of Congress may serve) unanimous consent that the order for should not be, immune. We have a re- Mr. DEMINT. Mr. President, I ask the quorum call be rescinded. sponsibility to do our jobs in an hon- unanimous consent to set aside the The PRESIDING OFFICER. Without est, open, and transparent manner, and pending amendment. I have amend- objection, it is so ordered. to demonstrate that we are here every ment No. 1488 at the desk and ask for Mr. BEGICH. Mr. President, I know day fighting for our residents—in my its immediate consideration. there has been some discussion. Today case, the residents of Alaska. All you The PRESIDING OFFICER. Without we are talking about the STOCK Act. I need do is look at Congress’s approval objection, it is so ordered. know there has been some back and rating to figure out that Americans The clerk will report. forth on what is the appropriate time don’t think we have lived up to our end The assistant bill clerk read as fol- when people should notify the public. I of the deal. lows: just hope at the end of the day our This bill is an important step in the The Senator from South Carolina [Mr. body is not afraid of transparency at right direction to regaining public DEMINT] proposes an amendment numbered every level. trust. However, reminding our col- 1488 to amendment No. 1470: At the appro- The amendment I brought forward in leagues of laws we should have already priate place, insert the following: Section: known about is not enough. Trans- Sense of the Senate: It is the sense of the the committee on which I sit dealt with the STOCK Act and made sure parency is a key element of moving Senate that the Senate should pass a joint forward. As I said, it is common sense. resolution proposing an amendment to the that all issues around any transactions That is why Senator TESTER and I in- Constitution that limits the number of that we make are going to be publicly troduced a transparency amendment terms a Member of Congress can serve. disclosed in a timely manner—30 during the markup process. As he said Mr. DEMINT. Mr. President, I al- days—but electronically. So it does not in committee, listening to the testi- lowed that to be read because it is so matter where you are around the coun- mony and debate, we thought it was short. I think all of us know that in try, you can access it. necessary to take an additional step. I just about all areas of life power cor- So I hope we do not forget what our am pleased to say it was adopted and rupts. And despite the good people in goal is; that is, creating more disclo- incorporated into the bill by the full sure, more transparency so people the Congress, the good intentions here, committee. we have found that the longer folks know what we are doing in Congress. The provision is simple. It requires stay in Washington the more likely The STOCK Act is just one of those that annual financial disclosure their associations with interest groups steps. forms—the ones I put on my Web site— and other temptations often cause bad I rise today to support the STOCK filed by Members of Congress and their behavior. Act as a sponsor of this act, legislation staffs be posted online and accessible What we are working on here with prohibiting insider trading by Members to the American public. this STOCK Act is just treating the of Congress and their staffs. Since day When you think about where we are symptoms again when what we need to one in the Senate I have made trans- in this world, in the 21st century, with do is work on the root causes. If we parency a top priority in my office. electronics and telecommunications bring a professional class of politicians Alaskans deserve to know what their and how we are not doing that today— to Washington, and we know incum- Members of Congress are up to. That is I went on the Alaska Public Offices bents always have the advantage in re- why I worked hard to make sure they Commission Web site, which is the elections, elections are not the only have access to critical information. I equivalent of what we are talking way to limit terms. believe we must hold ourselves to a about today. If you want to file yours If we want good government, if we higher standard. in Alaska, your disclosure form, as a want representation of the people, then Since being elected I have posted my State legislator—or in my case as we need to have folks represented in personal disclosures, my personal fi- former mayor—it is now all electronic. the House and the Senate who are from nancial disclosures, on my Senate Web The current system we have here is the people and not from an elite class site so my constituents have full outdated, not transparent. It is not of politicians in Washington. That is knowledge of how and what I am en- easily accessible to our folks back why for years many of us on both sides gaged in, and they can get it electroni- home. Under this new provision, Mem- of the aisle have worked on this idea of cally. They can access my personal in- bers, candidates, and staffs must file term limits. formation electronically anytime they their financial disclosure forms elec- My amendment is not a law. It does want. This is something Senators are tronically. They will use a new system not set any specific term limits for the not required to do but is just common created and maintained by the Sec- House or the Senate. It is a sense of the sense. I will talk more about trans- retary of the Senate, Sergeant at Senate that says we should pass a con- parency in just a moment. Arms, and the Clerk of the House of stitutional amendment that allows the Now, when it comes to the STOCK Representatives. The American public States to ratify some limit on the Act, I know my constituents at home will be able to search, sort, and terms of office. We know this would in Alaska and other Americans are download data contained in the finan- likely attract people who want to probably shocked this bill is even nec- cial disclosure form. This information make representation a calling and not essary. They are asking themselves, will be maintained online during their a career. So I would hope that as we and I have heard this: Is it really legal time of service and 6 years after the look at this total bill, and certainly we for Members of Congress to participate Member leaves office.

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with S196 CONGRESSIONAL RECORD — SENATE January 31, 2012 I commend Chairman LIEBERMAN, parable bill that the 30-day require- strengthen our democracy by ensuring Ranking Member COLLINS, Senators ment and the annual requirement for that no Federal employee or Member of GILLIBRAND, BROWN of Massachusetts, electronic filing would assist the SEC Congress can profit from nonpublic in- and LEVIN for their work on this legis- in carrying out its responsibilities. formation they have obtained through lation. The STOCK Act will make Con- Once again, I thank the Senator from their position. gress more accountable and, I hope, Alaska for his contribution to the bill. First and foremost, the legislation will inspire confidence in the American Mr. BEGICH. I thank the Senator. clarifies and strengthens laws for regu- people that we are here to represent One quick comment. Imagine the lating insider trading by Members of their interests and not our own. folks from Alaska who want to get a Congress and their staff. It redefines Again, I encourage passage of this copy of a report. They have to find the practice to clearly state that it is legislation. It is another step to ensure somebody in DC to go to a clerk and illegal to purchase assets based on that we have full transparency, and we get a copy and send it over, and now, if knowledge gained through congres- should never be afraid of making sure this passes, they can go online from sional work or service, ensuring Mem- our folks back home know exactly who anywhere. bers of Congress are held to the same we are, what we are doing, and what Again, I thank Senators LIEBERMAN, standards as the people we represent. our work is here in Washington. BROWN, and others. We are honored to That seems only fair. I yield the floor. be able to contribute our piece to it. It Some people have argued that there The PRESIDING OFFICER. The Sen- will be easier for the public to get this are already laws on the books for this, ator from Massachusetts. information. I thank the Senator for but the fact is that insider trading by Mr. BROWN of Massachusetts. Mr. his kind comments. Members of Congress and their staff is President, first, I commend the Sen- I yield the floor. currently not prohibited by the Securi- ator from Alaska for his efforts during Mr. LIEBERMAN. Mr. President, I ties Exchange Act or congressional the committee process. He offered suggest the absence of a quorum. rules. Furthermore, the status of trad- some good amendments that we ulti- The PRESIDING OFFICER. The ing on congressional information has mately took up and accepted. We look clerk will call the roll. never been explicitly outlawed. The re- forward to his continued involvement The assistant bill clerk proceeded to sulting ambiguity has made it incred- in the process. call the roll. ibly difficult to enforce these rules, As we have said, we need to make Ms. KLOBUCHAR. Mr. President, I which is almost certainly part of the sure that all of the amendments are ask unanimous consent that the order reason not a single violation has ever relevant. We hope he will join with us for the quorum call be rescinded. been prosecuted. and get some of his colleagues to focus The PRESIDING OFFICER (Mr. The STOCK Act would clear up the on the very important issues we are MANCHIN). Without objection, it is so ambiguity and make these laws crystal trying to work on and not get side- ordered. clear. It would give both the SEC and tracked. Ms. KLOBUCHAR. Mr. President, I the ethics committee in each Chamber That being said, I congratulate him rise today in strong support of the Stop the authority to investigate and pros- and look forward to working with him. Trading on Congressional Knowledge, ecute charges of insider trading, and it I yield the floor. better known as the STOCK Act, legis- would make it a violation of the rules The PRESIDING OFFICER. The Sen- lation that is critical to increasing ac- of the House and the Senate to engage ator from Connecticut. countability in Federal office and rein such activity, meaning that anyone Mr. LIEBERMAN. Mr. President, let storing the public’s faith in govern- who uses their role as a Member of me join in what the Senator from Mas- ment. Congress to enrich themselves would sachusetts said. Senator BEGICH, with I am a cosponsor of the STOCK Act have to answer to the Department of Senator TESTER, offered an amendment and have been working to address con- Justice and the Securities and Ex- in committee that has not gotten as cerns about insider trading in Con- change Commission. much attention as some other parts of gress. I appreciate the leadership of my The bill would also enforce better the bill—but it will have at least as colleague from Minnesota, TIM WALZ, oversight by significantly strength- great a positive effect as the other in the House who spearheaded the bill, ening reporting requirements. Mem- parts of the bill—which is so simple as well as the work of my colleagues, bers of Congress are already required that it makes you wonder why we have including Senator GILLIBRAND and Sen- to disclose the purchase or sale of secu- not done it before. I have been quoting ator BROWN, who have shown leader- rities and commodities on an annual Dr. Seuss lately, and I won’t do it here, ship in moving this issue forward. basis, and the STOCK Act would take but there is a saying that sometimes No one is above the law in this coun- these requirements several steps fur- the best answers to questions that are try, least of all the lawmakers. At a ther. Not only would it mandate that complicated are simple answers—some- time when Americans are crying out Members and employees disclose any thing like that; I am losing something for leaders who are willing to put pub- and all transactions of over $1,000 within the translation. lic interest before political gain, the in 30 days of the trade, but it would re- But Senator BEGICH and Senator STOCK Act presents a rare opportunity quire that information about the trans- TESTER require that the annual finan- for both parties to come together and action be published online. cial reports we file, which are public pass a bill that not only makes for Finally, to close the revolving door documents—for the public to see them, good policy but that is, very simply, between Congress and special interest they or some representative have to go the right thing to do. groups, the STOCK Act would intro- to the office of the Secretary of the Over the last few years, we have duce much needed transparency into Senate to look at them or make copies. worked to restore accountability and the industry known as political intel- We are in the information age, the dig- integrity to the major institutions in ligence consulting—the practice of ital age. So Senator BEGICH and Sen- this country. We have worked to rein reaching out to people working in the ator TESTER took a small step on the in recklessness on Wall Street. We have legislative and executive branches to bill—which is a large step for the enforced greater accountability in Fed- gain market intelligence regarding American people—which is that these eral budgets. And in 2007, we passed proposed rules, regulations, and bills. reports will now be online and elec- historic reforms to strengthen congres- The STOCK Act would require the Gov- tronically filed. Everybody, not just sional ethics laws. ernment Accountability Office to study the SEC, will have immediate access to I am standing here today because we this issue and see what we can do to those financial disclosure reports. can and must do more. Those of us who ensure that these consultants are sub- Incidentally, the 30-day provision for have the privilege of writing the rules ject to the same reporting require- disclosure will also be covered by that, have a responsibility to play by the ments and restrictions imposed on lob- and will also be available. rules, to not just talk the talk but byists. The Director of Enforcement, Robert walk the walk, and the STOCK Act is Trust is the tie that binds our democ- Khuzami, of the SEC, testified before about making sure we are doing just racy, but with faith in government now the House committee on the com- that. This commonsense bill will at an alltime low, it is clear that some

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with January 31, 2012 CONGRESSIONAL RECORD — SENATE S197 of those ties did break. Why would we amendment. There are good points in law that if you ask for an earmark in not want to strengthen those bonds? virtually every amendment. We need to a spending bill and you get it, you are Why would we not want to show the be sure we get the best and strongest obligated to vote for that bill regard- people who have sent us to Washington bill we possibly can. I want to add that. less of how bloated, inappropriate, that we have nothing to hide by pass- I do not see Senator MCCASKILL here. wasteful, or otherwise nonsensical that ing this bill? America was built on the I yield the floor. bill might be. That is a really terrible principles of hard work, fair play, and The PRESIDING OFFICER. The Sen- process. personal responsibility. These are the ator from Pennsylvania. Finally, the fact is, it is an oppor- rules middle-class families in States AMENDMENT NO. 1472 tunity for corruption. I am not sug- such as Minnesota and all across Amer- Mr. TOOMEY. Mr. President, I would gesting there is corruption involved in ica are still playing by today. We in like to take a moment to discuss an most earmarks. I am sure there is not. Congress need to be willing to stand up amendment that I think is relevant to But we do know of some examples of and say we are willing to do the same. this discussion. I thank my colleague, some of our colleagues who did in fact I want to end my remarks today by Senator MCCASKILL, for her work on use earmarks quite inappropriately to sharing two letters that were sent to this topic. It goes to the issue of the in- enrich themselves. I know of one in jail my office on the subject of the STOCK tegrity by which this body and Con- right now because of that. While that Act. The first is from a Minnesotan gresses in general operates, which cer- is certainly the very unusual excep- named Robert, who wrote: tainly is a central issue regarding this tion, the fact is a process such as that Elected officials need to get back to the particular bill. Our amendment goes to is badly flawed and should be remedied. business of representing those who sent them a particular aspect of the integrity of As we all know, there is a current to Washington to serve, not increasing their this body. temporary moratorium in place on ear- personal wealth based on information they My concern is that in the absence of marks that has been adopted by both learn from holding those offices—informa- our amendment, many of our col- bodies and both parties. But that tem- tion that, were it not for their elected office, leagues will likely resume a very porary moratorium expires this year. they would otherwise not be privy to. wasteful, nontransparent process which What our amendment does is create a The second letter comes from a Min- is prone to corruption and abuse, and permanent legislative ban on ear- nesotan named David, who makes this that is the process of earmarking. I marks. It does that by creating a point issue crystal clear. He says: wish to speak a little bit about ear- of order. Any Senator can come down Voters elect politicians to do what is best marks and what they are and why I to the Senate floor and strike an ear- for the country, not to become rich. think we ought to have a permanent mark if one is inserted in a spending I could not have put it better myself, legislative ban on the process. bill, and it would take a two-thirds and I could not agree more. I arrived in Let me be clear about the process. vote of the Senate to override the ef- this town in a Saturn with my college Earmarks exist precisely in order to fort to strike the earmark. dishes from 1985 and a shower curtain circumvent any real scrutiny, trans- It is important to know that this in the back seat, so clearly this is not parency, or any process by which this amendment does not strike the entire as relevant to my personal situation. body, the other body, or the American bill. It would not invalidate the bill or But I truly believe, if we are going to people can evaluate the merits of a otherwise disrupt the bill. It would sur- restore trust in government, we need given project. There is no authoriza- gically remove the earmark that would to pass this bill. tion to earmarks. There is no proper be offending this point of order. I yield the floor. scrutiny. There is no competitive bid- As I say, I thank Senator MCCASKILL The PRESIDING OFFICER. The Sen- ding among competing demands for re- for her support. I thank Senator ator from Massachusetts. sources. I think the process itself is in- COBURN for the many years in which he Mr. BROWN of Massachusetts. Mr. defensible. has battled, as have others, especially President, I commend the Senator from In part because the process is so Senator MCCAIN and others. But Sen- Minnesota for coming down. I appre- badly flawed, we should not be sur- ator COBURN once described earmarks ciate her comments, her hard work on prised that it leads to extraordinary as the gateway drug to spending addic- this issue, and thank her for her ef- waste. We have seen it. Some of the tion, and I think he is really onto forts. earmarks have become famous because something with that characterization. Once again I reiterate to folks who they are so wasteful and inappropriate. I think it is time we change the cul- may be listening, we are gathering We all heard about the ‘‘bridge to no- ture in Washington, that we change the amendments. I believe they are stack- where.’’ Recent earmarks include, culture of Congress, get away from a ing up. Some are very relevant. Some above and beyond that, a $1 million al- culture that says, how can we maxi- have pieces of relevancy. What we have ternative salmon products earmark. mize spending, which really has been been trying to do is take the best of There was a $1.9 million earmark for the culture of Congress for way too each one and try to formulate a plan to the Charles Rangel Center for Public long, and move to a culture that says, move forward and try to get some Service requested by none other than how do we maximize savings, because votes, obviously today and tomorrow, Congressman CHARLES RANGEL. There when we are running trillion-dollar an- and get this done as quickly as possible was $550,000 for a glass museum, $2.5 nual deficits, we have to find savings and get it over to the House. million for Arctic winter games. The anywhere we can. I can’t think of a I once again reiterate my request to list goes on and on. I could go on all better place to start. have all amendments be relevant to the day with indefensible projects that got If we really want to change Wash- issue at hand. Like Senator LIEBER- into law, taxpayer dollars that were ington, if we really want to reduce MAN—I am not going to quote Dr. Seuss spent precisely because these earmarks wasteful spending, if we really want to as he did, but I want to be sure we have were permitted. I would argue that it eliminate opportunities for corruption, a bill that has a chance not to get has gotten to the point where it really if we really want to change the culture bogged down but to pass expeditiously. adds up to real dollars and cents. of spending and begin the process of To let folks know in the gallery and Those who would like to resume ear- doing these things to hopefully restore also those watching on television, marking would like to suggest that it some of the confidence of the American there have been some very good amend- is not a real number, doesn’t add up to people in their government, one of the ments, good ideas. Some, actually, we a whole lot of money. Over the course ways we can do this very construc- may end up combining. There are of the last 15 years, the total value of tively is to pass this amendment. amendments coming up in the days taxpayer dollars spent this way has tri- I yield the floor. ahead that we have not had a chance pled. In the last Congress, it reached The PRESIDING OFFICER. The Sen- even to look at because the amend- $36 billion. ator from Missouri. ments are coming in fast and furiously. One other thing that is particularly Mrs. MCCASKILL. Mr. President, I We have not had a chance to get out pernicious about earmarks is that over thank Senator TOOMEY for joining me. and try to comment as to what we are time they became a currency used to He has been a great leader on this since doing with this amendment or that buy votes. There was this unwritten he arrived in the Senate, in terms of

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with S198 CONGRESSIONAL RECORD — SENATE January 31, 2012 the fight against earmarks. I thank ought to be funded, but they ought to grams. Guess what programs it is him for that. be funded in a transparent and honest taken from. It is taken from pro- I also welcome him to our band of way, subject to evaluation by an au- grams—I will just say from programs warriors in terms of fighting the ear- thorizing committee and subject to such as surface transportation. mark culture in Washington. It has competition, so those projects that Let’s talk about that. We have a been a fairly small number of Senators have the greatest merit and the great- local process in Missouri. We have since I arrived here in January of 2007. est need would be funded first. That is stakeholders all across the State who I will be honest, the Senator spent what I think we are trying to get at go to meetings and the public is invited some time in the House, so he was and get away from this process where and these agencies work very hard at more familiar with the process of ear- an individual Member of either this trying to prioritize their transpor- marking than I was. When I came to body or the other body, in the dark of tation projects based on the economic the Senate, I did not really understand night, can drop in some specific provi- needs of their community, based on how it worked. I did not really get it. sion because he or she wanted it with- safety considerations. These local folks I do not think, until you have gotten out it being subject to the proper scru- work very hard to prioritize their here and watched it from the inside, tiny and evaluation and competition projects, and what does earmarking do? you truly appreciate how flawed it is in that the taxpayer deserves. It cuts in line. One individual’s judg- terms of a way of distributing public I just wished to underscore that ment supplants all the local planning. money. It really is going in the back point. I appreciate the Senator’s work This is not about Washington bureau- room and sprinkling fairy dust. It is and the message she brought. crats. In a lot of these instances it is really a process that has more to do The PRESIDING OFFICER. The Sen- about saying: I know better than the with who you are and whom you know ator from Missouri. people back home know. Look at the than merit. Mrs. MCCASKILL. I will tell my col- Byrne grants, another perfect example. Have there been lots of projects that leagues that I think for too long too Money for the Byrne grants—which is a have been funded that I have sup- many Senators believed the measure of State-administered program done on a ported? Of course. Did I make a deci- their worth as a Senator had every- competitive basis at the State level— sion—a difficult one—to not cherry- thing to do with how much money they they have been stealing money out of pick certain earmarks to go after on were bringing home. I have a new idea. the Byrne grants for earmarks so one the floor? Instead, I have tried, when I Instead of the measure of our worth individual Senator can decide this got here and realized the problems, to being how much we can spend, I think sheriff needs new equipment as opposed reform the process, not just to say, the measure of our worth ought to be to the State authorities deciding that let’s find this one earmark in this bill how much we can save. This place there may be a crime problem in one and gin up an amendment on it; rather, turned on the notion that if one stayed area of the State, such as a meth- let’s try to stop the process in its en- here long enough, if they got to be an amphetamine problem that needs spe- tirety because it makes no sense. And appropriator, they got more earmarks. cial attention. that is what this amendment does. It If they became a ranking member on a Mr. TOOMEY. Will the Senator actually will stop the process in its en- subcommittee on appropriations, they yield? tirety. got even more. The PRESIDING OFFICER. The Sen- Why do we need it if we have a mora- Then I found out about honey pots. I ator from Pennsylvania. torium? Why now? Frankly, when I didn’t know about honey pots until I Mr. TOOMEY. This is a very impor- first started saying I wanted to do got here. I don’t know if Senator tant point. It is a common refrain from away with all earmarking, I was TOOMEY is familiar with that term, but those who would like to go back to ear- laughed at by Members of this body, di- let me educate him about what that marking: We can’t turn this over to the rectly and indirectly. Sometimes I felt term means. A honey pot is what the bureaucrats. Who controls the bureau- as if people were patting me on the ranking minority member and chair- crats? It is Congress. If we think the head and saying: Go away. You have no man set aside as their special pot of bureaucrats are allocating resources in chance to do this. I am proud of the money that they get to spend on ear- a way that we don’t approve of, we can fact that we have gotten a moratorium marks that is greater than everyone change the rules. We write the law that now. The truth is, there are a lot of else’s. Some of the appropriations sub- determines the criteria, the metrics, Members of this body who want to go committees have honey pots and some the methodology, the process by which back to the old ways, and I think it is don’t. The very notion that we are de- they compete and evaluate competing very important that we do a permanent ciding how to divide the money based projects. That is entirely up to us. So ban. I certainly thank the Senator for on how long we have been here, what it is not fair for us to suggest that helping, and I think the amendment we our party affiliation is, what commit- while the bureaucrats will not spend it are working on together will make sure tees we serve on is not the way we wisely, then we should set the rules so we will not have what happened in the should spend public money. We spend they must. Frankly, they don’t have House this year. public money based on merit or on a the kind of incentives that some people Mr. TOOMEY. Will the Senator formula based on how many people are who are holding elected office think yield? in our State. they have to try to show up back home The PRESIDING OFFICER. The Sen- One of the other things that drives with a big oversized check. The bureau- ator from Pennsylvania. me crazy is this talking point against crat doesn’t have that incentive. Mr. TOOMEY. I wished to touch on a doing away with earmarks: We can’t I would argue I can’t imagine any bu- point the Senator just made that I let the bureaucrats decide. We can’t let reaucrat who would award several hun- think is important to underscore. I the executive branch decide. It is the dred million dollars to build a bridge to would agree without hesitation that power of the purse. We have had the nowhere or to build a cowgirl hall of there are any number of earmarked power of the purse in Congress for hun- fame or an indoor tropical rain forest. projects that probably have very good dreds of years. Earmarking is a modern These are things that if a bureaucrat merit. This is not at all to suggest that invention. We have the right to oversee did make those decisions, it would be every earmark that has ever occurred the executive budget, change the exec- because they were following ridicu- had no merit. That is not what this is utive budget, cut the executive budget, lously flawed guidelines given to them about. and add money to the executive budg- by Congress. So this in no way dimin- What we are criticizing and what we et. We can do that as a Congress and ishes Congress’s control of the purse are trying to change is a very badly that has nothing to do with ear- strings; it insists on a more account- flawed process that permits a great marking. able process by which we allocate the deal of projects that have no merit to Let me also say this about this talk- resources from the purse. get funded that otherwise would not be ing point: This notion that earmarked Mrs. MCCASKILL. Mr. President, it funded. Those that have merit—and money just grows on trees somehow— is easy to see why earmarking is held goodness knows all kinds of projects, where does the money for earmarking so dear to so many Members. I remem- especially transportation projects— come from? It comes from other pro- ber when I first was elected and people

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with January 31, 2012 CONGRESSIONAL RECORD — SENATE S199 began showing up in my office that, years to come. We are in an both Chambers instituted 1 year ago as frankly, had not been big supporters of unsustainable mode right now. What a sign that this is increasingly becom- mine. All of us who are here—and if we my constituents want is for us to put ing the consensus view among Members are brutally honest for the folks back ourselves on a viable, sustainable fiscal of both bodies. I don’t know if I am home—we want to be loved. We put path. That means getting spending right. I am hopeful. If we don’t succeed ourselves out there for public accept- under control. So I don’t think our today, that means we need to come ance or rejection every 2, 4, 6 years. So constituents want us to see how much back on another day when we can suc- people started showing up and being money we can spend, as the Senator ceed because there is no doubt in my very nice to me who had not particu- pointed out. They want to see how mind that the people of Pennsylvania— larly been supporters of mine, and they much we can save, and I think they and I suspect across America—want us were being nice to me and I thought, would overwhelmingly welcome ending to win this battle and begin to rein in What is up here? Then all of a sudden a process that clearly leads to wasteful wasteful spending. There is no better I figured it out. They were all showing spending. place to start than to ban these ear- up to get their earmarks. The people in Mrs. MCCASKILL. I hope we get a marks. Missouri—I don’t know about Pennsyl- vote on this amendment. I am not opti- I thank the Senator from Missouri vania—but in Missouri they are very mistic about that because, typically— for her leadership and her work. worried about not having earmarks be- let’s be honest—the vast majority of I yield the floor. cause they have been fed this line all the leadership in this body has typi- Mrs. MCCASKILL. I also yield and these years: If we don’t have earmarks, cally been appropriators and many of thank the Senator for his work. This we are not going to get anything. We them want to go back to earmarking, should be the easiest for us to get done. are not going to get our share. We are and this is on both sides of the aisle. We have some hard work we have to do not going to get as much as we deserve. As I started to point out before, it around here that is going to mean sac- Let’s take water. Pennsylvania—this was the Republican Armed Services rifice and changes that are not going to is a good example because Pennsyl- Committee in the House that set aside be easy for anyone. This ought to be vania didn’t get very much in water a slush fund and began doing ear- simple, so let’s try to get it done. projects either. I don’t know how many marking on the Defense authorization I yield the floor. rivers there are in Pennsylvania. I bill. We were able to expose it and stop Mr. LIEBERMAN. I suggest the ab- should be more familiar with the geog- it, but clearly people are having a hard sence of a quorum. raphy there. But to say that Missouri time breaking this habit. So I think The legislative clerk proceeded to is a river State is an understatement. I this amendment is very important. I call the roll. mean, we have the confluence of the am happy to go toe-to-toe with anyone Mr. BROWN of Massachusetts. two greatest rivers of our country, the over the merits of this amendment. I Madam President, I ask unanimous Missouri and Mississippi Rivers, in our am happy to stand shoulder-to-shoul- consent that the order for the quorum State. We have major impact in terms der with anyone in this Congress, Re- call be rescinded. of water projects that need to be done publican or Democrat, who is willing to The PRESIDING OFFICER (Mrs. in our State because of how prominent stop this process once and for all. HAGAN). Without objection, it is so or- water is in the State of Missouri. But I think this amendment would do it. dered. yet we have been way down the line in I hope we get a vote on it, and if we Mr. BROWN of Massachusetts. terms of water projects because we don’t, it will not be the last time I Madam President, as you know, people don’t have an appropriator on that think they will hear from both of us are coming down requesting amend- committee. We have appropriators on about our bill and how serious we are ments be brought up. Since I did not other committees but not on that com- about getting it passed. see any Democrats offering any, I yield mittee. There will come a time that this bill to Senator PAUL. He has an amend- I keep telling the folks at home, if we will pass because the American people ment. compete with other States for water are on to us. The American people are The PRESIDING OFFICER. The Sen- projects, we are going to do just fine, on to this bad habit. They want it to ator from Kentucky. and that is the way it is supposed to end and they will have their way. It AMENDMENT NO. 1490 TO AMENDMENT NO. 1470 work. States are supposed to get what may not be today, it may not be this Mr. PAUL. Madam President, I ask they need and not get the benevolence week, but I remind the Members of the unanimous consent to set aside the of Washington because they happen to Senate that it wasn’t that long ago pending amendment and call up have somebody who has been here long people laughed out loud at me when I amendment No. 1490. enough to be on the right committee to said there would be an end to ear- The PRESIDING OFFICER. Is there have the right chairmanship or the marking. They thought that was the objection? right ranking committee so they can silliest joke they had ever heard, and Mr. LIEBERMAN. Madam President, get even more. That is not the way this we have made a lot of progress thanks I have no objection to proposing the place should be run. It is not the right to the American people. amendment. way to spend public money. By the way, the credit should not go The PRESIDING OFFICER. Without Mr. TOOMEY. Would the Senator to me or Senator MCCAIN or Senator objection, it is so ordered. yield? COBURN—who have been working on The clerk will report. Mrs. MCCASKILL. I will. this for much longer than I have—it The legislative clerk read as follows: The PRESIDING OFFICER. The Sen- should go to the American people who The Senator from Kentucky [Mr. PAUL] ator from Pennsylvania. are figuring this out and rising in proposes an amendment numbered 1490 to Mr. TOOMEY. I can tell the Senator record numbers to say: We don’t like amendment No. 1470. how I think a big majority of Penn- earmarks. Stop it. We should give cred- Mr. PAUL. Madam President, I ask sylvanians feel about this because I it to them for paying attention. I hope unanimous consent that the reading of hear from them every day. Sure, there they stay on it, and I hope we will the amendment be dispensed with. are some folks who would love to re- eventually prevail. The PRESIDING OFFICER. Without sume earmarks because they benefited Mr. TOOMEY. If the Senator would objection, it is so ordered. from them in the past. I think the vast yield one final time. The amendment is as follows: majority of Pennsylvanians—and I The PRESIDING OFFICER. The Sen- (Purpose: To require former Members of Con- would guess Americans—generally un- ator from Pennsylvania. gress to forfeit Federal retirement benefits derstand that, especially at a time Mr. TOOMEY. I appreciate the Sen- if they work as a lobbyist or engage in lob- when we have reached $15 trillion in ator’s kind indulgences. I am newer to bying activities) debt, when our debt now exceeds the this body, and maybe that explains my At the appropriate place, insert the fol- entire size of our economy, when we relative optimism. I am hopeful that lowing: SEC. ll. FORFEITURE OF CREDIT FOR SERVICE are running annual deficits of over $1 we do get a vote, and I am hopeful, if AS A MEMBER IF FORMER MEMBERS trillion for the last several consecutive we do get a vote, it will succeed. I OF CONGRESS BECOME LOBBYISTS. years and, frankly, probably in the point to the voluntary moratorium (a) DEFINITIONS.—In this section—

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We are number of years, worked in State gov- given that term in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602); close, I believe, to working out an ernment for a number of years, and (3) the term ‘‘Member of Congress’’ has the agreement for a vote on an amendment then worked for a few years serving the meaning given that term in section 2106 of that was offered by Senator PAUL ear- people of this country in Congress? title 5, United States Code; and lier. It has to do with extending to ex- Would you then forfeit your pension if (4) the term ‘‘remuneration’’ includes sal- ecutive branch officials the same kind you provided some lobbying activities? ary and any payment for services not other- of reporting requirement to ban insider If you wrote a book? If you gave a wise identified as salary, such as consulting trading that would apply to Members speech for money? This is extraor- fees, honoraria, and paid authorship. of Congress and their staffs. It is an dinarily broad. (b) FORFEITURE OF CREDIT FOR SERVICE.— Any service as a Member of Congress shall amendment that enjoys the support of I see the Senate majority leader is on not be creditable service if the Member of both managers and the principal au- the floor, so I will stop discussing this Congress, after serving as a Member of Con- thors of this bill. amendment. I did want our colleagues gress— We are trying to make sure, however, to actually read the text of this amend- (1) becomes a registered lobbyist; that we narrow the amendment so that ment before we ever vote on it. (2) accepts any remuneration from a com- it applies to top-level Federal employ- It defines remuneration not just as pany or other private entity that employs ees and not to low-level Federal em- salary or payment for services not oth- registered lobbyists; or ployees, who have no policy respon- erwise identified as salary, but con- (3) accepts any remuneration from a com- sibilities. So we were looking at lim- pany or other private entity that does busi- sulting fees, honoraria, and paid au- ness with the Federal Government. iting it to Senate-confirmed positions. thorship. In other words, if after being Mr. PAUL. This amendment will ad- The problem with that is it brings in in Congress you wrote a book or you dress some of the situations that are all of the military appointments that wrote an op-ed for which you were concerning the American people. I are Senate confirmed, so we want to paid, you forfeit your Federal pension think the ability to serve in the Senate make sure we exclude those individuals because you did some lobbying activi- is a great honor. The ability to serve in who are clearly not the target of the ties? This strikes me as a very sweep- the House of Representatives is a great amendment. ing amendment that does not belong on We continue to work—the managers, honor. But I am somewhat sickened this bill. the sponsors of the bill, and the spon- and somewhat saddened by people who The PRESIDING OFFICER. The ma- sor of the amendment, Senator PAUL— use their office, who leave office and jority leader. in order to refine his amendment. It is Mr. REID. I am happy to hear what become lobbyists, who leave office and still our hope that we can reach that that amendment does, and I thank the call themselves historians but basi- compromise and have a rollcall vote Senator. cally leave office and peddle the friend- tonight. We will keep our colleagues ships they have found here and the re- f informed about whether it will be pos- lationships to make money. I think it sible to complete the drafting that COMMENDING ALAN S. FRUMIN ON is hard to prevent people from being would be needed to modify his amend- HIS SERVICE TO THE UNITED lobbyists. But I think if people choose ment. STATES SENATE to leave the Senate and leave the Mr. REID. Madam President, I ask House of Representatives and become AMENDMENT NO. 1490 In the meantime, I want to talk very unanimous consent that the Senate lobbyists, they should give up some- now proceed to S. Res. 359. thing. These people are making mil- briefly about an amendment Senator PAUL filed, his amendment No. 1490. The PRESIDING OFFICER. The lions of dollars lobbying Congress. I clerk will report the resolution by think maybe they should give up their This is an amendment that would require former Members of Congress to title. pension. Maybe they should give up the Mr. REID. I ask the clerk to read the health benefits that are subsidized by forfeit their Federal retirement benefits if they work as a lobbyist or even entire resolution. the taxpayer. The PRESIDING OFFICER. The If someone is going to use their posi- engage in any lobbying activity—regardless, I might say, of whether they clerk will read the resolution. tion as an ex-Senator or as an ex-Con- The assistant legislative clerk read gressman to enrich themselves, maybe served 40 years in this body. I also note that the language in this as follows: they should have to give up some of Whereas Alan S. Frumin, a native of New those perks they accumulated while in amendment is extraordinarily broad. For example, the definition of remu- Rochelle, New York, and graduate of Colgate office. So this amendment would say University and Georgetown University Law that if you go out and become a lob- neration includes salaries, any pay- Center, began his long career with the Con- byist, you have to give up your pension ment for services not otherwise identi- gress in the House of Representatives prece- and you have to give up your health fied as salary, such as consulting fees, dents writing office in April of 1974; honoraria, and paid authorship. Think Whereas Alan S. Frumin began work with benefits and you need to pay for them the Secretary of the Senate’s Office of the yourself. I think this is the least we about that. As I read the language, a former Member of Congress who writes Senate Parliamentarian on January 1, 1977, can ask. serving under eight Majority Leaders; I think we have a great deal of cov- a book would be in danger of forfeiting Whereas Alan S. Frumin served the Senate erage now talking about people who his or her pension. In other words, this as its Parliamentarian from 1987 to 1995 and are either lobbyists or not or whether is going to apply to authors. It men- from 2001 to 2012 and has been Parliamen- they are historians. The bottom line is tions honoraria, so if a former Member tarian Emeritus since 1997; we have a lot of people peddling their of Congress gives a speech and receives Whereas Alan S. Frumin revised the Sen- $1,000 for giving that speech, that ate’s book on procedure, ‘‘Riddick’s Senate friendship and their influence for mon- Procedure,’’ and is the only sitting Parlia- etary gain, and I do not think the tax- former Member is going to forfeit his or her pension—earned pension? mentarian to have published a compilation payers should be subsidizing that. of the body’s work; I yield the floor and I suggest the ab- I don’t even know that this would Whereas Alan S. Frumin has shown tre- sence of a quorum. pass constitutional muster. But there mendous dedication to the Senate during his The PRESIDING OFFICER. The is certainly a fairness issue, it seems to 35 years of service; clerk will call the roll. me. I don’t know if the intent of the Whereas Alan S. Frumin has earned the re- The assistant legislative clerk pro- Senator from Kentucky was to draft spect and affection of the Senators, their ceeded to call the roll. this as broadly as he did to include and staffs, and all of his colleagues for his exten- Ms. COLLINS. Madam President, I define as remuneration paid author- sive knowledge of all matters relating to the Senate, his fairness and thoughtfulness; ask unanimous consent that the order ship. In other words, if you wrote a Whereas Alan S. Frumin now retires from for the quorum call be rescinded. book—and it would not even have to be the Senate after 35 years to spend more time The PRESIDING OFFICER. Without a book; what if you wrote a newspaper with his wife, Jill, and his daughter, Allie; objection, it is so ordered. article or an op-ed for the Washington Now, therefore, be it

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with January 31, 2012 CONGRESSIONAL RECORD — SENATE S201 Resolved, That the Senate expresses its ap- The PRESIDING OFFICER. Without business with the Federal Government. preciation to Alan S. Frumin and commends objection, it is so ordered. Is using the mail service doing business him for his lengthy, faithful and outstanding f with the Federal Government? Would service to the Senate. most businesses in America, therefore, Resolved, That the Secretary of the Senate STOP TRADING ON CONGRES- be doing business with the Federal shall transmit a copy of this resolution to SIONAL KNOWLEDGE ACT OF Government because they use the mail Alan S. Frumin. 2012—Continued Mr. REID. I ask unanimous consent service? If so, if I take compensation Mr. DURBIN. Pending before the that the resolution be agreed to, the from that company, I forfeited my Fed- Senate is the STOCK Act, and the pur- preamble be agreed to, and the motions eral pension? pose is one that I support. It is a bill I to reconsider be laid upon the table. What is the purpose of this, other cosponsored. The PRESIDING OFFICER. Without than just to basically harass Members The notion behind it is that Members objection, it is so ordered. of Congress in their retirement? of Congress should not use their public The resolution (S. Res. 359) was There are certainly situations where service or information gained in their agreed to. a person could forfeit their pension public service for private benefit. It ba- The preamble was agreed to. based on misconduct, for example, or The PRESIDING OFFICER. The Sen- sically outlaws the type of insider trad- convictions for crime. That is under- ator from Maine. ing and conflict of interest that should standable. But this has gone way too Ms. COLLINS. Madam President, I be a standard and will be a standard far. I hope Members of the Senate will want to join in saluting Alan for his after this is enacted into law. read this amendment—it is very brief, many years of work. He is someone all Amendments have been proposed to two pages long—and in reading it real- of us know to be an honest broker, who this measure, and there is one in par- ize this is something that should not be calls them as he sees them, who with- ticular I heard about earlier and asked offered and if offered should be de- stands at times tremendous pressures, for a copy of. This is an amendment feated. It does nothing to make this a and who has extraordinary knowledge proposed by the Senator from Ken- better place to serve. It raises serious that all of us have come to rely upon. tucky, Mr. PAUL. It is an amendment questions about the rights of individ- On behalf of the Republican side of which talks about Members of Congress uals who have served the Nation in the aisle, I am sure I am speaking for forfeiting their Federal retirement Congress and what they are going to do our Members as well in saluting Alan benefits and the conditions under after they leave the service of the and wishing him well, and thanking which they would forfeit their Federal United States. him for his many years of dedicated retirement benefits. Understand that I urge my colleagues to defeat the public service. these are Members of Congress who amendment offered by the Senator We wish you well. have completed enough service in the from Kentucky and I yield the floor. The PRESIDING OFFICER. The Sen- Congress to qualify for a pension. It is I suggest the absence of a quorum. ator from Connecticut. my understanding that is about 6 The PRESIDING OFFICER. The Mr. LIEBERMAN. Madam President, years. So at a minimum of 6 years of clerk will call the roll. I would be remiss if I didn’t say a word service, Members of Congress receive The assistant legislative clerk pro- of thanks to Alan Frumin for his serv- some pension benefit. Certainly those ceeded to call the roll. ice to the Senate. benefits increase the longer they serve. Ms. STABENOW. Mr. President, I ask When I first came to the Senate in This bill would disqualify them from unanimous consent that the order for 1989 and had the privilege to occupy pensions they have been credited and the quorum call be rescinded. the chair, I had two great mentors. One earned as Members of Congress under The PRESIDING OFFICER (Mr. BEN- was the great Senator from West Vir- three conditions: NET). Without objection, it is so or- ginia, Robert C. Byrd, and the other First, should they decide after they dered. was Alan Frumin. Both were stead- have served in Congress to serve as a Ms. STABENOW. Mr. President, I fastly reliable. registered lobbyist. That in and of rise today to speak about the STOCK I was just one of many who sat in the itself is breathtaking. To think that if Act. I wish to start by thanking the chair. We are often asked questions a person should decide after service in leaders on the floor, Senator LIEBER- whose answers do not immediately Congress to become a registered lob- MAN and Senator COLLINS, for their spring to mind, and there was a voice byist—with or without compensation I hard work and leadership in bringing that I heard—in this case, it was not might add, for perhaps a nonprofit or- this bill to the floor. There should not from above but from slightly below— ganization—they would forfeit their be any question that Members of Con- that clarified exactly what the rules of Federal pension. That in and of itself is gress should be held accountable to the the Senate required. unacceptable and inexplicable, but same laws to which every other Amer- Alan has been a true and faithful then it gets worse. ican is held. public servant, has held himself to the This amendment goes on to say that That is why in November Senator highest standards, and helped this in- a Member of Congress, retired, forfeits GILLIBRAND, Senator TESTER, and I in- herently unruly body to be ruly. For his Federal pension if he accepts any troduced the STOCK Act to prohibit that, I thank him and wish him well in kind of remuneration, which could be a Members of Congress from engaging in his next chapter of life. salary, a consulting fee, even an hono- insider trading. This bill is common Mr. COCHRAN. Mr. President, I am rarium for giving a speech, from any sense. The American people deserve to pleased to join the leader and other company or other private entity that know that their representatives in Senators on both sides of the aisle as employs a registered lobbyist. Congress are doing what is right for we congratulate Alan Frumin on his Think about that for a second. If a the country and not trying to strike it impressive service as our Parliamen- retired Member of Congress in Illinois rich by trading on insider information. tarian which was characterized by the should give a speech to a gathering of My constituents are certainly won- dutiful and trustworthy performance of the management of Caterpillar Tractor dering why this isn’t law already, and his duties. Company in Peoria about their experi- that is a good question. It certainly is We wish for him much continued suc- ence in Congress and their views on a question I asked myself last year cess in the years ahead. issues in Washington, give a speech and when there were news reports raising Madam President, I suggest the ab- receive any compensation for giving this issue, and I was very pleased to sence of a quorum. that speech, they would forfeit their join immediately with my colleagues The PRESIDING OFFICER. The Federal pension because Caterpillar to put forward this legislation to make clerk will call the roll. has a paid lobbyist in Washington. it absolutely clear that insider trading The assistant legislative clerk pro- Then it gets worse. The third provi- by Members of Congress is in violation ceeded to call the roll. sion says that a retired Member of Con- of the law. Mr. DURBIN. Madam President, I ask gress would forfeit their pension if they I wish to thank, as I indicated before, unanimous consent that the order for accept that remuneration from any the Senator from Connecticut and the the quorum call be rescinded. company or private entity that does Senator from Maine for moving this

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with S202 CONGRESSIONAL RECORD — SENATE January 31, 2012 bill through their committee and Mr. REID. Mr. President, how many very thoughtful negotiation with him bringing it to the Senate floor. I appre- amendments are pending? about modifying the amendment. We ciate very much the vote of 93 Senators The PRESIDING OFFICER. There came to a meeting of the minds and who voted last night to move the bill are 15 amendments pending. were ready to go, and then another forward. I think it is a very important Mr. REID. We started this morning Member said: I will not consent to you example of bipartisan support. I hope at about 11 o’clock. We had to invoke voting on Senator PAUL’s modified we will be able to move this forward to cloture on the motion to proceed to amendment unless you promise me a a simple up-or-down vote this week and this bill, which was supposedly a bill vote. that we will not see extraneous issues everyone wanted. It is too bad we had As Senator REID well knows, in the or obstruction or delay involving this to invoke cloture on the motion to pro- early years I was here this kind of be- bill. This is very simple and very ceed, but we did. We have been working havior sometimes happened at just be- straightforward. I am hopeful we will all day to set up rollcall votes—all day. fore the final vote on a bill or perhaps be able to move it forward and accom- We thought we had one a few minutes before a recess was about to be de- plish this goal. ago, but a couple Senators came over clared. But to conduct oneself in this We need to make sure it is very clear and said: There will not be a vote on way at the very beginning of a debate that the same laws to which everyone that unless I am guaranteed votes on on a bill about which there is bipar- else adheres are held to be true for mine—even though their votes are to- tisan support—yesterday, it was clear Members of Congress. It is also impor- tally not relevant or germane to the on the cloture motion, only two Sen- tant to note that our bill creates new subject matter. ators voted against it. It is a real good reporting requirements for Members of I appreciate Senator LIEBERMAN and government bill, and to hold it up in Congress and their staffs, with the re- Senator SUSAN COLLINS. They are fine this way is frustrating. ports available online, with a search- legislators. They understand what this I quote the majority leader, who is a able database. That is very important body is all about and how important straighter talker: It is ridiculous. for transparency. It asks the Govern- this legislation is and how important So at the end of a long day, we have ment Accounting Office to investigate they are as managers of this bill. So nothing to show for our labor. I apolo- the so-called ‘‘political intelligence they are negotiating on several of the gize to the Members of the Senate. But consultants’’ who contact Members and amendments. it requires some reasonableness from staff to get information on how legisla- But at some point, Mr. President, our colleagues to proceed. tion could affect their business clients this becomes ridiculous. To have Sen- f or stock prices. ators come over here and say they are This bill is very simple and very not going to allow a vote on an amend- VOTE EXPLANATIONS clearcut. We are all engaged in con- ment unless they are guaranteed votes Mr. MENENDEZ. Mr. President, I versations on a daily basis that make on nongermane, nonrelevant amend- was unavoidably detained for the roll- information available to us, and we ments? Then people criticize me for not call vote on the motion to invoke clo- need to make it very clear as to our re- having an open amendment process? It ture on the motion to proceed to S. sponsibilities for handling that infor- becomes a circus. This is not the Sen- 2038, the Stop Trading on Congres- mation and operating in the public in- ate that we have had or should have. sional Knowledge, STOCK, Act. Had I terest. At some point, we need cooperation been present, I would have voted ‘‘yea’’ So I am hopeful we will be able to from Members on both sides of the on the motion to invoke cloture. I co- keep this bill focused on the intended aisle to set up votes and dispose of sponsored the STOCK Act on December goal so we can actually get it passed, these amendments and move on to pas- 14, 2011. get it over to the House, and have the sage of the bill. Mr. ISAKSON. Mr. President, I was House do the same. It is important I do not want to have to file cloture unavoidably detained during rollcall that while there may be a number of on this bill. I just want to alert every- vote No. 3 on the motion to invoke clo- different issues we all care about that one, if we continue the way we are ture on the motion to proceed to S. we would like to offer through amend- going, where people are saying: You 2038. ments, we will be able to keep this fo- cannot have a vote on any amendment Had I been present I would have cused on the issue in front of us and unless I am guaranteed a vote on my voted ‘‘yea’’ for rollcall vote No. 3 and that we will be able to get this done as nongermane, nonrelevant amend- I ask that the RECORD reflect that. quickly as possible. ment—what am I supposed to do to I suggest the absence of a quorum. Our constituents are certainly look- protect this body? The PRESIDING OFFICER. The ing to us to be able to do this. It would So I would hope the night will bring clerk will call the roll. be an excellent way to start the new some common sense to some Senators. The legislative clerk proceeded to year by working together on a bipar- It is really—I will not say embar- call the roll. tisan basis to close a loophole that has rassing, but it is a little bit, to these Mr. UDALL of Colorado. Mr. Presi- created confusion about the respon- two fine Senators who have worked to- dent, I ask unanimous consent that the sibilities, the ethics, and the legal re- gether for years on a bipartisan basis order for the quorum call be rescinded. sponsibilities for Senators as it relates on some of the most sensitive issues The PRESIDING OFFICER. Without to insider information and potential in- this country has, protecting the home- objection, it is so ordered. sider trading. land. We could not have two better peo- f So I am hopeful we can get this done. ple working on a bill to create some bi- I appreciate the work of everyone who partisanship. But this is unfortunate MORNING BUSINESS has been involved in helping to get us and unfair and not right, and I, as the Mr. UDALL of Colorado. Mr. Presi- to this point. Hopefully, by the end of leader, am not going to let this con- dent, I ask unanimous consent that the the week we will have something tinue forever. Senate proceed to a period of morning passed that we can all feel very good The PRESIDING OFFICER. The Sen- business, with Senators permitted to about. ator from Connecticut. speak therein for up to 10 minutes Mr. President, I suggest the absence Mr. LIEBERMAN. Mr. President, I each. of a quorum. thank the leader for his statement and The PRESIDING OFFICER. Without The PRESIDING OFFICER. The thank him for his patience. I know peo- objection, it is so ordered. clerk will call the roll. ple are critical of the way Senator f The bill clerk proceeded to call the REID has been forced to operate to try roll. to get anything done, but if you go RECOGNIZING KNOX COLLEGE ON Mr. REID. Mr. President, I ask unan- through a day like we have gone 175 YEARS imous consent that the order for the through, you understand why he has Mr. DURBIN. Mr. President, I rise quorum call be rescinded. had no choice. today to congratulate Knox College in The PRESIDING OFFICER. Without Mr. PAUL, the Senator from Ken- Galesburg, IL, on the 175th anniversary objection, it is so ordered. tucky, offered an amendment. We had a of its founding.

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with January 31, 2012 CONGRESSIONAL RECORD — SENATE S203 On February 15, 1837, the Illinois Leg- commemorates the 150th anniversary oped expertise in some of the most islature granted a charter to Knox of the Battle of Mill Springs and recog- technical and important aspects of our Manual Labor College. Its founder, the nizes the significance of the great clash national security. Reverend George Washington Gale, a of the Civil War that took place there. The Committee on Appropriations social reformer from New York, came On January 19, 1862, the Battle of was extremely fortunate to lure Gary to the Illinois prairie to found a college Mill Springs spilled across Pulaski and away from that prestigious committee emphasizing manual labor that would Wayne Counties in southeastern Ken- in January 1997. As a professional staff be open to students regardless of their tucky. It was the second-largest battle member on the Subcommittee on De- financial means, gender, or race. to take place in the State, and involved fense, Gary excelled in oversight of ac- This egalitarianism and the strong over 10,000 soldiers. More importantly, quisition programs in each of the mili- anti-slavery beliefs of Reverend Gale it was the first significant Union vic- tary services, as well as classified mat- and his followers gave Knox and Gales- tory to happen in what was then con- ters. Gary departed the Senate in 2002, burg a unique place in the history of sidered the western theater of the Civil at which time his accomplishments the abolitionist movement in America. War. The Union’s victory meant that were recognized by the Department of Knox is a nationally recognized part of the main Confederate defense line that the Navy with the Meritorious Public the Underground Railroad network. Its had been anchored in eastern Kentucky Service Award and by the National Re- Old Main was the site of the fifth de- was broken, freeing Union soldiers to connaissance Office with the Gold bate between U.S. Senate candidates move through Kentucky and into Ten- Medal for Distinguished Service. Abraham Lincoln and Stephen Doug- nessee. After 5 years with General Electric, las. It was during the debate at Knox One hundred fifty years later, this Gary once again answered the call to that Lincoln would argue for the first battle is still a vital story in our Na- public service. He rejoined the Com- time against slavery on moral grounds. tion’s history. That is why our resolu- mittee on Appropriations in 2007, where It seems fitting that President Lin- tion also salutes the Mill Springs Bat- he has applied his skills to the most coln, the Great Emancipator, and tlefield Association, which has worked challenging intelligence issues that our President Obama, our nation’s first Af- hard to preserve the historic site and country has faced in Iraq, Afghanistan, rican American president, both hold educate the public about what went on the Horn of Africa, and the Asia-Pa- cific. His vision and ingenuity have honorary degrees from this institution. there. The Mill Springs Battlefield As- made substantial contributions to our Knox was also the alma mater of Bar- sociation has a visitors’ center, pro- policies and operations in those re- nabas Root, who in 1870 became one of vides tours, displays Civil War artifacts gions, for which I hope the full story the first African Americans to earn a and maintains a Civil War library. college degree in Illinois. In that same may someday be told. More than 50,000 visitors have traveled Listing Gary Reese’s accomplish- year, Hiram Revels, who also attended to see the preserved battlefield. ments during his two decades of service Knox, became the first African Amer- So Mr. President, I am proud to sub- to the U.S. Senate tells only a small ican to serve in the United States Sen- mit this resolution to the United part of his story. In an era of partisan- ate. States Senate, and proud of the history ship and divisiveness, Gary served both Today, the Knox campus is a vibrant we have preserved for posterity in Ken- community of world class scholar- Democrats and Republicans with skill tucky. and dedication. I feel just as fortunate teachers, staff, and more than 1,400 stu- f to have had Gary’s assistance as my dents hailing from 48 States and 51 friend and former colleague, Ted Ste- countries. Manual labor may have been TRIBUTE TO GARY D. REESE vens, surely did. dropped from its name and cur- Mr. INOUYE. Mr. President, every so In a capital city filled with bluster riculum—much to the relief of its cur- often, it is my honor as the chairman and ego, Gary’s charm, humor, and in- rent students to be sure—but Knox’s of the Committee on Appropriations to tegrity built trusted relationships in founding commitment to providing a recognize the outstanding contribu- many corners of the Congress, the ex- quality education to all persists. Of tions of members of the Senate family. ecutive branch, and industry. Knox’s students today, more than a As anyone who has spent a few years in In a job where long hours and late quarter are first generation college Washington will know, public service nights can overwhelm even the most students, a quarter are U.S. students of may not be the career of choice for industrious public servant, Gary has color, and nearly one third are low-in- those who hope to be appreciated in never forgotten his dedication and come students. Approximately two their own time. commitment to his wife Ann, their son thirds of students receive some form of Benjamin Franklin recognized this Bob, and their daughter Trish. financial aid, and Knox has been rated back in 1772, when he wrote: Mr. President, on behalf of myself by Princeton Review as a ‘‘Best Bang We must not in the course of public life ex- and all the staff of the Committee on for Your Buck.’’ pect immediate approbation and immediate Appropriations, I wish to offer Gary I congratulate President Teresa grateful acknowledgement of our services. and his family my appreciation for his Amott and the entire Knox community But let us persevere through abuse and even 20 years of service to the Senate, and I on this milestone in the proud and sto- injury. The internal satisfaction of a good wish him all the best on his future en- conscience is always present, and time will ried history of Knox College. Knox is deavors. truly one of our nation’s great liberal do us justice in the minds of the people . . . f arts institutions—its contributions far Mr. President, through his 20 years of surpass its relatively small size. So, as service in the U.S. Senate, Gary Reese ANNUAL REPORT OF THE SELECT we look back in celebration of Knox’s is an exception to Mr. Franklin’s rule. COMMITTEE ON ETHICS 112TH preceding 175 years, we also look to the His charm, his expertise, and his pro- CONGRESS future in anticipation of the continued fessionalism have earned Gary the re- Mrs. BOXER. Mr. President, the Hon- contributions this small college on the spect and appreciation of Senators, est Leadership and Open Government Illinois prairie will make to our State leaders in the executive branch, and his Act of 2007, the ‘‘Act’’, calls for the Se- and our country for years to come. colleagues. lect Committee on Ethics of the U.S. f Gary’s service in the Senate began in Senate to issue an annual report not 1987, when he joined the staff of Sen- later than January 31 of each year pro- RECOGNIZING THE BATTLE OF ator Bennett Johnston as a legislative viding information in certain cat- MILL SPRINGS assistant for military issues. In 6 years egories describing its activities for the Mr. MCCONNELL. Mr. President, I of service, Gary demonstrated a great preceding year. Reported below is the rise to submit to my colleagues a reso- ability to get results for the State of information describing the commit- lution that is very important to the Louisiana and distinguished himself by tee’s activities in 2011 in the categories history of the Commonwealth of Ken- developing a thorough understanding set forth in the act: tucky and the history of our Nation. of the shipbuilding industry. Gary then (1) The number of alleged violations of This resolution, S. Res. 357, sponsored moved to the Senate Select Committee Senate rules received from any source, in- by myself and my friend Senator PAUL, on Intelligence in 1993, where he devel- cluding the number raised by a Senator or

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with S204 CONGRESSIONAL RECORD — SENATE January 31, 2012 staff of the Committee: 77. (In addition, 3 al- Parliamentarian of the Senate, Alan tural understanding and improving the leged violations from the previous year were Frumin, who has for the past two dec- lives of people in countries such as carried into 2011.) ades faithfully and honorably served Cambodia, El Salvador, Tanzania, and (2) The number of alleged violations that were dismissed— this institution and who will, begin- Uganda. Some are employing innova- (A) For lack of subject matter jurisdiction ning tomorrow, embark upon a new tive teaching methods to inspire young or in which, even if the allegations in the chapter in his professional life. For 20 people. Some work on small farms, in- complaint are true, no violation of Senate years, Alan has advised the Senate and creasing food production in rural vil- rules would exist: 58. the hundreds who have had the privi- lages. Others help provide safe drinking (B) Because they failed to provide suffi- lege of serving here with a deft underwater or combat the HIV/AIDS pan- cient facts as to any material violation of standing of its rules, some of which can the Senate rules beyond mere allegation or demic. Yet all of the UVM volunteers assertion: 14. be quite arcane, and an abiding passion display an admirable commitment to (3) The number of alleged violations for for this august body that will rever- civic engagement with the dream of which the Committee staff conducted a pre- berate for generations to come. As building a better world. liminary inquiry: 08. (This figure includes 3 Alan departs this Chamber, I extend This dream is emblematic of the matters from the previous year carried into my personal gratitude to him, wish Vermont spirit. For the second year in 2011.) him the very best, and hope he knows a row, in 2011 our State produced the (4) The number of alleged violations for that this country is deeply indebted to which the Committee staff conducted a pre- most Peace Corps volunteers per capita liminary inquiry that resulted in an adju- him for his longstanding service. in the Nation. The Upper Valley region dicatory review: 0. At the same time, I want to recog- of Vermont ranks eighth in the Nation (5) The number of alleged violations for nize and applaud a milestone moment among metropolitan areas whose citi- which the Committee staff conducted a pre- in the life of this venerable institution zens are serving in the Peace Corps. In liminary inquiry and the Committee dis- as we welcome Alan’s successor, Eliza- missed the matter for lack of substantial 2010, the Burlington area ranked sec- beth MacDonough, the first woman in ond in the same category. merit: 05. (This figure includes 2 matters the history of the Senate to assume the from the previous year carried into 2011.) As the Peace Corps continues its 50th (6) The number of alleged violations for indispensable responsibilities of the year of building understanding between which the Committee staff conducted a pre- Parliamentarian. Elizabeth, who has Americans and the citizens of other liminary inquiry and the Committee issued served as Senior Assistant Parliamen- countries, I want to applaud the con- private or public letters of admonition: 0. tarian since 2002, has proved herself to tributions of Vermonters and the Uni- (7) The number of matters resulting in a be not only well-versed in the labyrin- disciplinary sanction: 0. versity of Vermont. These volunteers thine procedures of this body but fully deserve our appreciation and support. (8) Any other information deemed by the prepared for the demanding and often Committee to be appropriate to describe its I ask unanimous consent that a Jan- activities in the previous year: unheralded work of ensuring that my uary 25, 2012, Burlington Free Press ar- In 2011, the Committee continued its pre- colleagues and I remain within the ticle entitled ‘‘UVM ranks 5th in pro- liminary inquiry into the conduct of Senator bounds of proper parliamentary proce- ducing Peace Corps vols.’’ be printed in John Ensign. An outside Special Counsel was dure, allowing us to focus less on the the RECORD. appointed to assist the Ethics Committee operation of the Senate and more on staff with its fact finding regarding whether There being no objection, the mate- fulfilling the Senate’s constitutional rial was ordered to be printed in the Senator John Ensign violated Senate rules role. and federal law. As noted in the Report of RECORD, as follows: Since 1931, the Parliamentarian has the Preliminary Inquiry into the Matter of diligently sat below the President’s [From the Burlington Free Press, Jan. 25, Senator John E. Ensign released by the Com- 2012] mittee, the Special Counsel determined that rostrum, independently advising the UVM RANKS 5TH IN PRODUCING PEACE CORPS there was substantial credible evidence that Presiding Officer on the often obscure VOLUMES. Senator Ensign engaged in violations of law rules and precedents that guide the and Senate rules. The Special Counsel con- process and work of the Senate. To- (By the Associated Press) cluded that the evidence that would have morrow Elizabeth becomes the first BURLINGTON.—The Peace Corps says the been presented in an adjudicatory hearing woman in 80 years to answer what can University of Vermont ranks fifth in the would have been substantial and sufficient to only be deemed a calling, and a noble country in the number of former students warrant the consideration of the sanction of who are serving as volunteers overseas. expulsion had Senator Ensign not resigned. one at that. There are very few who The rankings of medium sized universities The Committee lost jurisdiction over Sen- have amassed the considerable experi- released Tuesday show that 42 UVM alumni ator Ensign because he resigned his United ence, knowledge, and disposition re- are serving overseas. The figure is up eight States Senate seat. The Committee referred quired to serve with distinction in this over last year and it moved the school from the matter to the U.S. Department of Jus- capacity. Elizabeth is well-equipped to 13th to fifth. tice and Federal Election Commission for take on this formidable task, and I The Vermont alumni work across the globe further review. wish her the very best. in programs that include agriculture, edu- In 2011, the Committee staff conducted 6 cation, environment, health and business new Member ethics training sessions; 14 em- f and youth development. ployee code of conduct training sessions; 15 RECOGNIZING UVM PEACE CORPS The top producing medium sized college or Member and committee office campaign ALUMNI university is The George Washington Univer- briefings; 42 ethics seminars for Member DC sity. offices, state offices and Senate committees; Mr. LEAHY. Mr. President, I would The overall top producing school is the 3 private sector ethics briefings; and 8 inter- like to take a moment to commend the University of Colorado at Boulder. national ethics briefings. University of Vermont for its close re- f In 2011, the Committee staff handled ap- lationship with the Peace Corps. This proximately 10,918 telephone inquiries and ADDITIONAL STATEMENTS 1,745 inquiries by email for ethics advice and year, UVM ranked fifth in the Nation guidance. among midsized colleges and univer- In 2011, the Committee wrote approxi- sities that are the top producers of HONORING JOSE BUNDA mately 800 ethics advisory letters and re- Peace Corps volunteers. I am proud of sponses including, but not limited to, 594 the 42 UVM alumni currently serving ∑ Mr. BOOZMAN. Mr. President, our travel and gifts matters (Senate Rule 35) and in the Peace Corps around the world. veterans protected our country. They 104 conflict of interest matters (Senate Rule UVM has highlighted Eric Smith as have also helped to spread the ideals 37). one of its current alumni volunteers. for which it stands and have made In 2011, the Committee issued 4,130 letters great sacrifices for our Nation through- concerning financial disclosure filings by Eric, who is stationed in Costa Rica, is Senators, Senate staff and Senate candidates applying his business degree by teach- out its history. We thank these patri- and reviewed 1,869 reports. ing microfinance and helping young ots for the selflessness and courage f women develop small businesses. He they have exhibited under the most says that such efforts ‘‘would not have daunting circumstances. WELCOMING ELIZABETH been possible without my education at The heroic tales of survival and com- MACDONOUGH UVM.’’ mitment to service depicted in the his- Ms. SNOWE. Mr. President, I rise Like Eric, all of the UVM volunteers tory books are a reality for the men today to pay tribute to the retiring have devoted 2 years to promoting cul- and women who served in our Nation’s

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with January 31, 2012 CONGRESSIONAL RECORD — SENATE S205 uniform while fighting to protect our regard as a great American hero. His Washington Internship Programme interests and spread democracy world- sacrifices made to secure victory and participants and interns for their wide. peace for all freedom loving people of achievements and wish them continued While many of these patriots gave the world will never be forgotten.∑ success.∑ their lives on the battlefield, survivors f f such as Jose Bunda lived to tell some of the horrific events he endured. His RECOGNIZING THE UNI-CAPITOL RECOGNIZING BIG BROTHERS BIG firsthand accounts show the realities of WASHINGTON INTERNSHIP PRO- SISTERS OF NEW YORK WWII. They are gut-wrenching but GRAMME ∑ Mr. SCHUMER. Mr. President, I rise show the human will to survive. ∑ Mr. CRAPO. Mr. President, I rise today in honor of National Mentoring Today I wish to recognize the service today to honor the Uni-Capitol Wash- Month. This month we recognize the and sacrifice of one of our veterans ington Internship Programme, UCWIP. millions of Americans who have joined from the ‘Greatest Generation’ who Our Nation has benefited from the together to better the lives of others, stood in the face of danger: Jose service of outstanding Australian col- especially our youth, through the gift Bunda. He is a true American hero who lege students who participate in in- of mentorship. The generosity and will- lived through the worst days of war ternships throughout the U.S. Congress ingness of individuals to work together and told his heroic story of survival. through this program. for the common good has been a hall- Mr. Bunda grew up in the Philippines The program is providing students mark of the American character since and joined the U.S. Army after grad- with the opportunity to obtain consid- our Nation’s founding. uating from high school when he was erable experience through their con- Every day volunteer organizations 18. When the Japanese attacked Pearl gressional internships, while also mak- across the country make substantial Harbor, Mr. Bunda was stationed on ing available other educational experi- contributions to our Nation by fos- Corregidor Island. ences throughout their time in the tering a place and sense of mentorship. In 1942, Mr. Bunda was defending the United States. Uni-Capitol Washington One such extraordinary organization is island against the Japanese and al- Programme interns have helped me the Big Brothers Big Sisters of New though his squad was able to hold its serve Idaho constituents, and I am York City. Founded in 1906, Big Broth- ground, he and his comrades were grateful for their efforts and dedica- ers Big Sisters of New York City is the forced to surrender. tion. oldest and largest youth mentoring or- The realities of war Mr. Bunda expe- Chris Colalillo, a UCWIP participant, ganization in the United States, serv- rienced is something he always remem- has joined my staff as an intern this se- ing more than 3,000 young people annu- bered. Almost 60 years after he was mester. Chris is studying bachelor’s of ally. The mission of Big Brothers Big taken prisoner he recalled it as one of law and arts at the University of West- Sisters of New York City is to provide the worst times of his life in a story ern Australia, where he is double ma- mentors to all children who need car- published in the Times Record. joring in political science and inter- ing adult role models. These mentors Mr. Bunda detailed how he was piled national relations and ancient history. change the lives of New York City’s into a boxcar for a ride that lasted 18 When he graduates, Chris plans to youth by expanding their horizons and hours. Once the train stopped at Camp work in a law firm and eventually go helping them to realize their potential. Duo he was forced on the infamous Ba- into Federal or State politics. Chris Big Brothers Big Sisters of New York taan Death March where he walked day has been great to work with, and he City is unique in that it offers a vari- and night with no food. was very quick to learn his role and re- ety of individualized mentoring pro- ‘‘Once you fall down, they shoot you sponsibilities in the office. He is very grams that match dedicated mentors, or chop off your head,’’ Mr. Bunda said intelligent, eager, and always puts for- or Bigs, to special populations of in a 1999 interview saying it was a mir- ward his best work. He has shared with youth, or Littles. These include a New acle that he survived. us some of the political and cultural American Mentoring Program for im- He was a prisoner of war for 2 years, differences between the United States migrant youth, a Young Mothers Men- working in a Japanese labor camp but and Australia, and it has been a great toring Program for pregnant teens or escaped and joined a guerrilla unit learning experience for both Chris and teenage mothers, an Incredible Kids until the end of the war. the staff. Mentoring Program for children with a Mr. Bunda’s will to survive tri- Chris shared his impressions regard- learning or physical disability or umphed over the atrocities he was put ing the program and his internship. He chronic disease, a Building Futures through in WWII. Despite all the hard- said: Mentoring Program for youth who are ships, violence and massacres he wit- The UCWIP has been a unique opportunity in the foster care system, and a Chil- nessed, he remained committed to the to further my knowledge in the legislative dren of Promise Mentoring Program military and continued his service in process of the United States, enabling me to for children who have an incarcerated the Korean War. develop an appreciation for democratic sys- parent, sibling, or family member. Two Mr. Bunda and his wife Rosario came tems of government as well as providing me with practical experience that will facilitate additional special mentoring programs to the United States in 1957 when he my theoretical studies in Political Science offered at Big Brothers Big Sisters of was stationed at Fort Chaffee. Al- and International Relations. The welcoming New York City that have a national though his career required him to move nature of the staff within Senator CRAPO’s significance are their 9/11 Together We to other military bases, the couple office has made this internship an enjoyable Stand and FDNY Partnership Pro- moved back to Arkansas in 1962 once experience thus far. grams. These are unique mentoring he retired from the military after 30 Eric Federing, UCWIP’s director and programs for children who lost a par- years of service. founder, has successfully focused his ent or close relative in the World Trade In 2000, Mr. Bunda received many of Capitol Hill and Australia experiences Center attacks and those who lost a the medals, awards and recognitions he to provide this valuable educational parent in the FDNY in the line of duty, deserved for his heroics and service. Of exchange opportunity that benefits including but not limited to September his 16 medals, he said he was proudest Australian students and congressional 11. So as you can see, Big Brothers Big of his Silver Star and the Prisoner of offices. His dedication to advancing Sisters of New York City is doing their War medals. this learning experience is remarkable. part to ensure that all children have A veteran, a POW and a member of I have been honored to have worked positive role models in their life no Disabled American Veterans, Mr. with the Uni-Capitol Washington In- matter what their circumstances may Bunda lived his life as a loving hus- ternship Programme for 5 years. The be. band, devoted father and an inspira- program is shaping young leaders who National Mentoring Month high- tional grandfather. Today we honor the are helping to deepen understanding lights the need and significance of life and legacy Mr. Bunda leaves be- between our two nations while pro- mentors and mentoring for individuals hind. His heroic tales of survival and viding outstanding constituent sup- of all ages. From organizations to indi- commitment to service have ensured port. I commend Chris Colalillo, Eric viduals, mentoring enriches children’s he will be remembered with the highest Federing, and the other Uni-Capitol education and overall success in life.

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with S206 CONGRESSIONAL RECORD — SENATE January 31, 2012 The small investment a mentor makes of Spearmint Oil Produced in the Far West; Committee on Banking, Housing, and Urban in the life of a child exponentially in- Revision of the Salable Quantity and Allot- Affairs. creases the success of a child’s future ment Percentage for Class 1 (Scotch) and EC–4796. A communication from the Chief of the Recovery and Delisting Branch, Fish and the success of the community. Na- Class 3 (Native) Spearmint Oil for the 2011– 2012 Marketing Year’’ (Docket No. AMS–FV– and Wildlife Services, Department of the In- tional Mentoring Month is particularly 10–0094; FV11–985–1A IR) received in the Of- terior, transmitting, pursuant to law, the re- significant for Big Brothers Big Sisters fice of the President of the Senate on Janu- port of a rule entitled ‘‘Endangered and of New York City because it offers a ary 26, 2012; to the Committee on Agri- Threatened Wildlife and Plants; Revising the special opportunity for the organiza- culture, Nutrition, and Forestry. Listing of the Gray Wolf (Canis lupus) in the tion to raise awareness of the power of EC–4788. A communication from the Acting Western Great Lakes’’ (RIN1018-AX57) re- mentoring and recruit volunteer men- Administrator of the Fruit and Vegetable ceived in the Office of the President of the Senate on January 26, 2012; to the Committee tors, which are critical to its mission Programs, Agricultural Marketing Service, Department of Agriculture, transmitting, on Environment and Public Works. of providing children with caring adult pursuant to law, the report of a rule entitled EC–4797. A communication from the Direc- role models. By upholding the prin- ‘‘Oranges and Grapefruit Grown in Lower Rio tor of the Regulatory Management Division, ciples of volunteerism and academics, Grande Valley in Texas; Increased Assess- Environmental Protection Agency, transmit- we continue creating positive opportu- ment Rate’’ (Docket No. AMS–FV–11–0057; ting, pursuant to law, the report of a rule en- nities for the next generation. FV11–906–1 FR) received in the Office of the titled ‘‘Approval and Disapproval and Pro- President of the Senate on January 26, 2012; mulgation of Implementation Plans; Texas; Mr. President, I urge my colleagues Infrastructure and Interstate Transport Re- to join me in recognizing the month of to the Committee on Agriculture, Nutrition, and Forestry. quirements for the 1997 Ozone and the 1997 January as National Mentoring Month EC–4789. A communication from the Acting and 2006 PM2.5 NAAQS’’ (FRL No. 9613–7) reso we may continue to honor the im- Administrator of the Fruit and Vegetable ceived during adjournment of the Senate in portant work that organizations such Programs, Agricultural Marketing Service, the Office of the President of the Senate on as Big Brothers Big Sisters of New Department of Agriculture, transmitting, January 12, 2012; to the Committee on Envi- York City play in making our Nation a pursuant to law, the report of a rule entitled ronment and Public Works. EC–4798. A communication from the Direc- better and more prosperous place.∑ ‘‘United States Standards for Grades of Fro- zen Okra’’ (Docket No. AMS–FV–07–0100; tor of the Regulatory Management Division, Environmental Protection Agency, transmit- f FV11–327) received in the Office of the Presi- ting, pursuant to law, the report of a rule en- dent of the Senate on January 26, 2012; to the MESSAGES FROM THE PRESIDENT titled ‘‘Approval and Promulgation of Imple- Committee on Agriculture, Nutrition, and mentation Plans; Oklahoma; Interstate Messages from the President of the Forestry. United States were communicated to EC–4790. A communication from the Acting Transport of Pollution’’ (FRL No. 9613–2) re- Administrator of the Fruit and Vegetable ceived during adjournment of the Senate in the Senate by Mr. Pate, one of his sec- the Office of the President of the Senate on retaries. Programs, Agricultural Marketing Service, Department of Agriculture, transmitting, January 12, 2012; to the Committee on Envi- ronment and Public Works. f pursuant to law, the report of a rule entitled EC–4799. A communication from the Direc- ‘‘Pistachios Grown in California, Arizona, EXECUTIVE MESSAGES REFERRED tor of the Regulatory Management Division, and New Mexico; Decreased Assessment Environmental Protection Agency, transmit- As in executive session the Presiding Rate’’ (Docket No. AMS–FV–11–0077; FV11– ting, pursuant to law, the report of a rule en- Officer laid before the Senate messages 983–2 IR) received in the Office of the Presi- titled ‘‘Approval and Promulgation of Air from the President of the United dent of the Senate on January 26, 2012; to the Quality Implementation Plans; New Mexico; States submitting sundry nominations Committee on Agriculture, Nutrition, and Albuquerque/Bernalillo County; Prevention Forestry. of Significant Deterioration; Greenhouse Gas which were referred to the Committee EC–4791. A communication from the Ad- Tailoring Rule Revisions’’ (FRL No. 9613–3) on Armed Services. ministrator, Rural Housing Service, Depart- received during adjournment of the Senate (The nominations received today are ment of Agriculture, transmitting, pursuant printed at the end of the Senate pro- in the Office of the President of the Senate to law, the report of a rule entitled ‘‘Direct on January 12, 2012; to the Committee on En- ceedings.) Single Family Housing Loans and Grants’’ vironment and Public Works. (RIN0575-AC81) received in the Office of the f EC–4800. A communication from the Direc- President of the Senate on January 26, 2012; tor of the Regulatory Management Division, MEASURES PLACED ON THE to the Committee on Agriculture, Nutrition, Environmental Protection Agency, transmit- CALENDAR and Forestry. ting, pursuant to law, the report of a rule en- EC–4792. A communication from the Direc- titled ‘‘Approval and Promulgation of State The following bill was read the sector of the Regulatory Management Division, Plans for Designated Facilities and Pollut- ond time, and placed on the calendar: Environmental Protection Agency, transmit- ants; State of Florida; Control of Hospital/ S. 2041. A bill to approve the Keystone XL ting, pursuant to law, the report of a rule en- Medical/Infectious Waste Incinerator pipeline project and provide for environ- titled ‘‘Extension of Tolerances for Emer- (HMIWI) Emissions from Existing Facilities’’ mental protection and government over- gency Exemptions (Multiple Chemicals)’’ (FRL No. 9611–8) received during adjourn- sight. (FRL No. 9329–9) received during adjournment of the Senate in the Office of the Presi- ment of the Senate in the Office of the Presi- dent of the Senate on January 12, 2012; to the f dent of the Senate on January 12, 2012; to the Committee on Environment and Public EXECUTIVE AND OTHER Committee on Agriculture, Nutrition, and Works. Forestry. COMMUNICATIONS EC–4801. A communication from the Direc- EC–4793. A communication from the Chief tor of the Regulatory Management Division, The following communications were Counsel, Federal Emergency Management Environmental Protection Agency, transmit- laid before the Senate, together with Agency, Department of Homeland Security, ting, pursuant to law, the report of a rule en- accompanying papers, reports, and doc- transmitting, pursuant to law, the report of titled ‘‘National Emission Standards for Haz- a rule entitled ‘‘Final Flood Elevation Deter- uments, and were referred as indicated: ardous Air Pollutants from Coal- and Oil- minations’’ ((44 CFR Part 67) (Docket No. Fired Electric Utility Steam Generating EC–4786. A communication from the Acting FEMA–2011–0002)) received in the Office of Units and Standards of Performance for Fos- Administrator of the Fruit and Vegetable the President of the Senate on January 26, sil-Fuel-Fired Electric Utility, Industrial- Programs, Agricultural Marketing Service, 2012; to the Committee on Banking, Housing, Commercial-Institutional, and Small Indus- Department of Agriculture, transmitting, and Urban Affairs. trial-Commercial-Institutional Steam Gen- pursuant to law, the report of a rule entitled EC–4794. A communication from the Sec- erating Units’’ (FRL No. 9611–4) received dur- ‘‘Suspending Random Row Diversion Regula- retary of the Treasury, transmitting, pursuing adjournment of the Senate in the Office tions Under the Marketing Order for Tart ant to law, a six-month periodic report on of the President of the Senate on January 12, Cherries’’ (Docket No. AMS–FV–11–0047; the national emergency with respect to 2012; to the Committee on Environment and FV11–930–1 FR) received in the Office of the transnational criminal organizations that Public Works. President of the Senate on January 26, 2012; was declared in Executive Order 13581 of July EC–4802. A communication from the Chief to the Committee on Agriculture, Nutrition, 24, 2011; to the Committee on Banking, Hous- of the Publications and Regulations Branch, and Forestry. ing, and Urban Affairs. Internal Revenue Service, Department of the EC–4787. A communication from the Acting EC–4795. A communication from the Sec- Treasury, transmitting, pursuant to law, the Administrator of the Fruit and Vegetable retary of the Treasury, transmitting, pursu- report of a rule entitled ‘‘Damages on Ac- Programs, Agricultural Marketing Service, ant to law, a six-month periodic report on count of Personal Physical Injuries or Phys- Department of Agriculture, transmitting, the national emergency with respect to ical Sickness’’ (TD 9573) received in the Of- pursuant to law, the report of a rule entitled Libya that was originally declared in Execu- fice of the President of the Senate on Janu- ‘‘Marketing Order Regulating the Handling tive Order 13566 of February 25, 2011; to the ary 26, 2012; to the Committee on Finance.

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with January 31, 2012 CONGRESSIONAL RECORD — SENATE S207 EC–4803. A communication from the Chief EC–4811. A communication from the Direc- tration, Department of Transportation, of the Publications and Regulations Branch, tor, Office of Sustainable Fisheries, Depart- transmitting, pursuant to law, the report of Internal Revenue Service, Department of the ment of Commerce, transmitting, pursuant a rule entitled ‘‘Amendment of Class E Air- Treasury, transmitting, pursuant to law, the to law, the report of a rule entitled ‘‘Fish- space; Stuart, IA’’ ((RIN2120–AA66) (Docket report of a rule entitled ‘‘Restitution Pay- eries of the Exclusive Economic Zone Off No. FAA–2011–0831)) received in the Office of ments under the Trafficking Victims Protec- Alaska; Inseason Adjustment to the 2012 Ber- the President of the Senate on January 26, tion Act of 2000’’ (Notice 2012–12) received in ing Sea Pollock Total Allowable Catch 2012; to the Committee on Commerce, the Office of the President of the Senate on Amount’’ (RIN0648–XA906) received during Science, and Transportation. January 26, 2012; to the Committee on Fi- adjournment of the Senate in the Office of EC–4819. A communication from the Senior nance. the President of the Senate on January 13, Program Analyst, Federal Aviation Adminis- EC–4804. A communication from the Sec- 2012; to the Committee on Commerce, tration, Department of Transportation, retary of Commerce, transmitting, pursuant Science, and Transportation. transmitting, pursuant to law, the report of to law, the Department of Commerce’s Per- EC–4812. A communication from the Assist- a rule entitled ‘‘Amendment of Class E Air- formance and Accountability Report for fis- ant Administrator for Fisheries, Office of space; Carroll, IA’’ ((RIN2120–AA66) (Docket cal year 2011; to the Committee on Homeland Sustainable Fisheries, Department of Com- No. FAA–2011–0845)) received in the Office of Security and Governmental Affairs. merce, transmitting, pursuant to law, the re- the President of the Senate on January 26, EC–4805. A communication from the Dep- port of a rule entitled ‘‘Atlantic Highly Mi- 2012; to the Committee on Commerce, uty Assistant Administrator for Regulatory gratory Species; Adjustments to the Atlantic Science, and Transportation. Programs, National Marine Fisheries Serv- Bluefin Tuna General and Harpoon Category EC–4820. A communication from the Senior ice, Department of Commerce, transmitting, Regulations’’ (RIN0648–A85) received during Program Analyst, Federal Aviation Adminis- pursuant to law, the report of a rule entitled adjournment of the Senate in the Office of tration, Department of Transportation, ‘‘Magnuson-Stevens Fishery Conservation the President of the Senate on December 21, transmitting, pursuant to law, the report of and Management Act Provisions; Fisheries 2011; to the Committee on Commerce, a rule entitled ‘‘Amendment of Class E Air- of the Northeastern United States; Annual Science, and Transportation. space; Sturgis, SD’’ ((RIN2120–AA66) (Docket Catch Limits and Accountability Measures’’ EC–4813. A communication from the Assist- No. FAA–2011–0430)) received in the Office of (RIN0648–BA23) received in the Office of the ant Administrator for Fisheries, Office of the President of the Senate on January 26, President of the Senate on January 25, 2012; Sustainable Fisheries, Department of Com- 2012; to the Committee on Commerce, to the Committee on Commerce, Science, merce, transmitting, pursuant to law, the re- Science, and Transportation. and Transportation. port of a rule entitled ‘‘Fisheries Off West EC–4821. A communication from the Senior EC–4806. A communication from the Direc- Coast States; Pacific Coast Groundfish Fish- Program Analyst, Federal Aviation Adminis- tor, Office of Sustainable Fisheries, Depart- ery; 2012 Specifications and Management tration, Department of Transportation, ment of Commerce, transmitting, pursuant Measures and Secretarial Amendment 1’’ transmitting, pursuant to law, the report of to law, the report of a rule entitled ‘‘Pacific (RIN0648–BB27) received during adjournment a rule entitled ‘‘Amendment of Class E Air- Cod by Vessels Catching Pacific Cod for of the Senate in the Office of the President space; Spearfish, SD’’ ((RIN2120–AA66) Processing by the Inshore Component of the of the Senate on January 5, 2012; to the Com- (Docket No. FAA–2011–0431)) received in the Central Regulatory Area of the Gulf of Alas- mittee on Commerce, Science, and Transpor- Office of the President of the Senate on Jan- ka’’ (RIN0648–XA886) received during ad- tation. uary 26, 2012; to the Committee on Com- journment of the Senate in the Office of the EC–4814. A communication from the Assist- merce, Science, and Transportation. President of the Senate on January 5, 2012; ant Administrator for Fisheries, Office of EC–4822. A communication from the Senior to the Committee on Commerce, Science, Sustainable Fisheries, Department of Com- Program Analyst, Federal Aviation Adminis- and Transportation. merce, transmitting, pursuant to law, the re- tration, Department of Transportation, EC–4807. A communication from the Direc- port of a rule entitled ‘‘Amendments to the transmitting, pursuant to law, the report of tor, Office of Sustainable Fisheries, Depart- Reef Fish, Spiny Lobster, Queen Conch and a rule entitled ‘‘Amendment of Class E Air- ment of Commerce, transmitting, pursuant Coral and Reef Associated Plants and Inver- space; Bryan, OH’’ ((RIN2120–AA66) (Docket to law, the report of a rule entitled ‘‘Fish- tebrates Fishery Management Plans of Puer- No. FAA–2011–0606)) received in the Office of eries of the Exclusive Economic Zone Off to Rico and the U.S. Virgin Islands’’ the President of the Senate on January 26, Alaska; Inseason Adjustment to the 2012 Ber- (RIN0648–BA62) received during adjournment 2012; to the Committee on Commerce, ing Sea and Aleutian Islands Atka Mackerel of the Senate in the Office of the President Science, and Transportation. Total Allowable Catch Amount’’ (RIN0648– of the Senate on January 20, 2012; to the EC–4823. A communication from the Senior XA901) received during adjournment of the Committee on Commerce, Science, and Program Analyst, Federal Aviation Adminis- Senate in the Office of the President of the Transportation. tration, Department of Transportation, Senate on January 20, 2012; to the Com- EC–4815. A communication from the Direc- transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- tor, Office of Sustainable Fisheries, Depart- a rule entitled ‘‘Amendment of Class E Air- tation. ment of Commerce, transmitting, pursuant space; Anaktuvuk Pass, AK’’ ((RIN2120– EC–4808. A communication from the Direc- to law, the report of a rule entitled ‘‘Western AA66) (Docket No. FAA–2011–0867)) received tor, Office of Sustainable Fisheries, Depart- Pacific Pelagic Fisheries; Closure of the Ha- in the Office of the President of the Senate ment of Commerce, transmitting, pursuant waii Shallow-Set Pelagic Longline Fishery on January 26, 2012; to the Committee on to law, the report of a rule entitled ‘‘Fish- Due To Reaching the Annual Limit on Sea Commerce, Science, and Transportation. eries of the Northeastern United States; Turtle Interactions’’ (RIN0648–XA370) re- EC–4824. A communication from the Senior Summer Flounder Fishery; Quota Transfer’’ ceived during adjournment of the Senate in Program Analyst, Federal Aviation Adminis- (RIN0648–XA884) received during adjourn- the Office of the President of the Senate on tration, Department of Transportation, ment of the Senate in the Office of the Presi- December 21, 2011; to the Committee on Com- transmitting, pursuant to law, the report of dent of the Senate on January 13, 2012; to the merce, Science, and Transportation. a rule entitled ‘‘Amendment of Class E Air- Committee on Commerce, Science, and EC–4816. A communication from the Senior space; Huntington, WV’’ ((RIN2120–AA66) Transportation. Regulations Analyst, Office of the Secretary (Docket No. FAA–2011–1057)) received in the EC–4809. A communication from the Direc- of Transportation, Department of Transpor- Office of the President of the Senate on Jan- tor, Office of Sustainable Fisheries, Depart- tation, transmitting, pursuant to law, a rule uary 26, 2012; to the Committee on Com- ment of Commerce, transmitting, pursuant entitled ‘‘Grants and Cooperative Agree- merce, Science, and Transportation. to law, the report of a rule entitled ‘‘Fish- ments to State and Local Governments: DOT eries of the Exclusive Economic Zone Off Amendments on Regulations on Uniform Ad- f Alaska; Inseason Adjustment to the 2012 Ber- ministrative Requirements for Grants and REPORTS OF COMMITTEES ing Sea and Aleutian Islands Pacific Cod Agreements With Institutions of Higher Edu- Total Allowable Catch Amount’’ (RIN0648– cation, Hospitals and Other Non-Profit Orga- The following reports of committees XA903) received during adjournment of the nizations’’ (RIN2105–AD60) received in the Of- were submitted: Senate in the Office of the President of the fice of the President of the Senate on Janu- By Mr. LIEBERMAN, from the Committee Senate on January 13, 2012; to the Com- ary 26, 2012; to the Committee on Commerce, on Homeland Security and Governmental Af- mittee on Commerce, Science, and Transpor- Science, and Transportation. fairs: tation. EC–4817. A communication from the Senior Report to accompany S. 1789, a bill to im- EC–4810. A communication from the Direc- Program Analyst, Federal Aviation Adminis- prove, sustain, and transform the United tor, Office of Sustainable Fisheries, Depart- tration, Department of Transportation, States Postal Service (Rept. No. 112–143). ment of Commerce, transmitting, pursuant transmitting, pursuant to law, the report of f to law, the report of a rule entitled ‘‘Fish- a rule entitled ‘‘Amendment of Class E Air- eries of the Northeastern United States; space; Mercury, NV’’ ((RIN2120–AA66) (Dock- INTRODUCTION OF BILLS AND Summer Flounder Fishery; Quota Transfer’’ et No. FAA–2011–0894)) received in the Office JOINT RESOLUTIONS (RIN0648–XA887) received during adjourn- of the President of the Senate on January 26, The following bills and joint resolu- ment of the Senate in the Office of the Presi- 2012; to the Committee on Commerce, dent of the Senate on January 13, 2012; to the Science, and Transportation. tions were introduced, read the first Committee on Commerce, Science, and EC–4818. A communication from the Senior and second times by unanimous con- Transportation. Program Analyst, Federal Aviation Adminis- sent, and referred as indicated:

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with S208 CONGRESSIONAL RECORD — SENATE January 31, 2012 By Ms. COLLINS (for herself, Mr. S. Res. 360. A resolution raising awareness deforestation in Haiti and restore with- BROWN of Massachusetts, Mr. AKAKA, and encouraging prevention of stalking by in 30 years the extent of tropical forest Mr. COBURN, Mr. LEVIN, and Mr. KYL): designating January 2012 as ‘‘National Stalk- cover in existence in Haiti in 1990, and S. 2044. A bill to require the Under Sec- ing Awareness Month’’; considered and for other purposes. retary for Science and Technology in the De- agreed to. partment of Homeland Security to contract By Mr. SHELBY (for himself and Mr. S. 1034 with an independent laboratory to study the SESSIONS): At the request of Mr. SCHUMER, the health effects of backscatter x-ray machines S. Res. 361. A resolution congratulating the names of the Senator from Virginia used at airline checkpoints operated by the University of Alabama Crimson Tide football (Mr. WEBB) and the Senator from Cali- Transportation Security Administration and team for winning the 2011 Bowl Champion- provide improved notice to airline pas- ship Series National Championship; consid- fornia (Mrs. FEINSTEIN) were added as sengers; to the Committee on Commerce, ered and agreed to. cosponsors of S. 1034, a bill to amend Science, and Transportation. By Mr. CRAPO (for himself and Mr. the Internal Revenue Code of 1986 to By Mr. BURR: WHITEHOUSE): equalize the exclusion from gross in- S. 2045. A bill to amend title 38, United S. Res. 362. A resolution designating the come of parking and transportation States Code, to require judges of the United month of February 2012 as ‘‘National Teen fringe benefits and to provide for a States Court of Appeals for Veterans Claims Dating Violence Awareness and Prevention common cost-of-living adjustment, and to reside within fifty miles of the District of Month’’; considered and agreed to. for other purposes. Columbia, and for other purposes; to the By Mr. MORAN (for himself and Mr. Committee on Veterans’ Affairs. ROBERTS): S. 1051 By Ms. MIKULSKI (for herself and Mr. S. Res. 363. A resolution congratulating the At the request of Mr. CORNYN, the KIRK): Pittsburg State University Gorillas football name of the Senator from Arkansas S. 2046. A bill to amend the Immigration team for winning the 2011 NCAA Division II (Mr. BOOZMAN) was added as a cospon- and Nationality Act to modify the require- Football Championship; considered and sor of S. 1051, a bill to impose sanctions ments of the visa waiver program and for agreed to. on individuals who are complicit in other purposes; to the Committee on the Ju- By Mr. VITTER (for himself, Ms. LAN- diciary. DRIEU, and Mr. JOHANNS): human rights abuses committed By Mr. SCHUMER: S. Res. 364. A resolution recognizing the against nationals of Vietnam or their S. 2047. A bill to authorize the Secretary of goals of National Catholic Schools Week and family members, and for other pur- Education to make demonstration grants to honoring the valuable contributions of poses. eligible local educational agencies for the Catholic schools in the United States; con- S. 1265 purpose of reducing the student-to-school sidered and agreed to. nurse ratio in public elementary schools and At the request of Mr. BINGAMAN, the f secondary schools; to the Committee on name of the Senator from South Da- Health, Education, Labor, and Pensions. ADDITIONAL COSPONSORS kota (Mr. JOHNSON) was added as a co- By Mr. CASEY: sponsor of S. 1265, a bill to amend the S. 165 S. 2048. A bill to amend the Internal Rev- Land and Water Conservation Fund At the request of Mr. VITTER, the enue Code of 1986 to clarify the tax treat- Act of 1965 to provide consistent and ment of certain life insurance contract name of the Senator from New Hamp- reliable authority for, and for the fund- transactions, and for other purposes; to the shire (Ms. AYOTTE) was added as a co- ing of, the land and water conservation Committee on Finance. sponsor of S. 165, a bill to amend the fund to maximize the effectiveness of By Mr. HARKIN (for himself, Mr. Public Health Services Act to prohibit the fund for future generations, and for MCCAIN, Mr. COBURN, and Mr. ENZI): certain abortion-related discrimination S. 2049. A bill to improve the circulation of other purposes. in governmental activities. $1 coins, to remove barrier to the circulation S. 1277 of such coins, and for other purposes; to the S. 376 At the request of Ms. CANTWELL, the Committee on Banking, Housing, and Urban At the request of Mr. COBURN, the Affairs. name of the Senator from Maine (Ms. name of the Senator from New Hamp- shire (Mrs. SHAHEEN) was added as a co- By Ms. SNOWE (for herself, Ms. LAN- COLLINS) was added as a cosponsor of S. DRIEU, and Mr. BROWN of Massachu- 376, a bill to amend title 5, United sponsor of S. 1277, a bill to amend the setts): Internal Revenue Code of 1986 to mod- S. 2050. A bill to amend the Internal Rev- States Code, to provide that persons having seriously delinquent tax debts ify the incentives for the production of enue Code of 1986 to extend certain provi- biodiesel. sions of the Creating Small Business Jobs shall be ineligible for Federal employ- Act of 2010, and for other purposes; to the ment. S. 1309 Committee on Finance. S. 595 At the request of Mr. SCHUMER, the By Mr. REED (for himself, Mr. WHITE- At the request of Mrs. MURRAY, the name of the Senator from Maryland HOUSE, Mr. FRANKEN, Mr. LEAHY, Mr. name of the Senator from Virginia (Mr. (Ms. MIKULSKI) was added as a cospon- SANDERS, and Ms. STABENOW): sor of S. 1309, a bill to amend title XIX S. 2051. A bill to amend the Higher Edu- WARNER) was added as a cosponsor of S. cation Act of 1965 to extend the reduced in- 595, a bill to amend title VIII of the El- of the Social Security Act to cover terest rate for Federal Direct Stafford ementary and Secondary Education physician services delivered by Loans; to the Committee on Health, Edu- Act of 1965 to require the Secretary of podiatric physicians to ensure access cation, Labor, and Pensions. Education to complete payments under by Medicaid beneficiaries to appro- By Mr. WARNER: such title to local educational agencies priate quality foot and ankle care. S. 2052. A bill to amend title 5, United eligible for such payments within 3 fis- S. 1454 States Code, to provide that the legal public holiday for the birthday of George Wash- cal years. At the request of Mr. DURBIN, the ington take place on February 22, rather S. 680 name of the Senator from New Mexico than on the third Monday in February; to At the request of Ms. COLLINS, the (Mr. UDALL) was added as a cosponsor the Committee on the Judiciary. name of the Senator from Vermont of S. 1454, a bill to amend title XVIII of f (Mr. SANDERS) was added as a cospon- the Social Security Act to provide for sor of S. 680, a bill to authorize the Ad- extended months of Medicare coverage SUBMISSION OF CONCURRENT AND ministrator of General Services to con- of immunosuppressive drugs for kidney SENATE RESOLUTIONS vey a parcel of real property in the Dis- transplant patients and other renal di- The following concurrent resolutions trict of Columbia to provide for the es- alysis provisions. and Senate resolutions were read, and tablishment of a National Women’s S. 1467 referred (or acted upon), as indicated: History Museum. At the request of Mr. BLUNT, the By Mr. REID (for himself and Mr. S. 1023 name of the Senator from Georgia (Mr. MCCONNELL): At the request of Mr. DURBIN, the CHAMBLISS) was added as a cosponsor of S. Res. 359. A resolution commending Alan name of the Senator from Hawaii (Mr. S. 1467, a bill to amend the Patient S. Frumin on his service to the United States Senate; considered and agreed to. AKAKA) was added as a cosponsor of S. Protection and Affordable Care Act to By Ms. KLOBUCHAR (for herself, Mrs. 1023, a bill to authorize the President protect rights of conscience with re- HUTCHISON, Mr. LEAHY, Mr. ISAKSON, to provide assistance to the Govern- gard to requirements for coverage of Mr. WHITEHOUSE, and Mr. FRANKEN): ment of Haiti to end within 5 years the specific items and services.

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with January 31, 2012 CONGRESSIONAL RECORD — SENATE S209 S. 1591 (Mrs. MCCASKILL), the Senator from Congress from using nonpublic infor- At the request of Mrs. GILLIBRAND, Vermont (Mr. LEAHY) and the Senator mation derived from their official posi- the name of the Senator from New Jer- from Massachusetts (Mr. BROWN) were tions for personal benefit, and for other sey (Mr. LAUTENBERG) was added as a added as cosponsors of S. 1990, a bill to purposes. cosponsor of S. 1591, a bill to award a require the Transportation Security AMENDMENT NO. 1476 Congressional Gold Medal to Raoul Administration to comply with the At the request of Mr. COBURN, the Wallenberg, in recognition of his Uniformed Services Employment and name of the Senator from Virginia (Mr. achievements and heroic actions dur- Reemployment Rights Act. WEBB) was added as a cosponsor of ing the Holocaust. S. 2003 amendment No. 1476 proposed to S. S. 1616 At the request of Mrs. FEINSTEIN, the 2038, an original bill to prohibit Mem- At the request of Mr. MENENDEZ, the name of the Senator from Kansas (Mr. bers of Congress and employees of Con- name of the Senator from Virginia (Mr. MORAN) was added as a cosponsor of S. gress from using nonpublic information WARNER) was added as a cosponsor of S. 2003, a bill to clarify that an authoriza- derived from their official positions for 1616, a bill to amend the Internal Rev- tion to use military force, a declara- personal benefit, and for other pur- enue Code of 1986 to exempt certain tion of war, or any similar authority poses. stock of real estate investment trusts shall not authorize the detention with- f out charge or trial of a citizen or law- from the tax on foreign investments in STATEMENTS ON INTRODUCED ful permanent resident of the United United States real property interests, BILLS AND JOINT RESOLUTIONS and for other purposes. States, and for other purposes. By Ms. COLLINS (for herself, Mr. S. 1622 S. 2010 BROWN of Massachusetts, Mr. At the request of Mr. HELLER, the At the request of Mr. KERRY, the AKAKA, Mr. COBURN, Mr. LEVIN, name of the Senator from Pennsyl- names of the Senator from Maine (Ms. and Mr. KYL): vania (Mr. TOOMEY) was added as a co- SNOWE) and the Senator from South Dakota (Mr. JOHNSON) were added as S. 2044. A bill to require the Under sponsor of S. 1622, a bill to recognize Secretary for Science and Technology Jerusalem as the capital of Israel, to cosponsors of S. 2010, a bill to amend title II of the Social Security Act to rein the Department of Homeland Secu- relocate to Jerusalem the United rity to contract with an independent States Embassy in Israel, and for other peal the Government pension offset and windfall elimination provisions. laboratory to study the health effects purposes. of backscatter x-ray machines used at S. 2043 S. 1629 airline checkpoints operated by the At the request of Mr. RUBIO, the At the request of Mrs. GILLIBRAND, Transportation Security Administra- names of the Senator from Indiana the names of the Senator from Oregon tion and provide improved notice to (Mr. COATS), the Senator from Lou- (Mr. MERKLEY) and the Senator from airline passengers; to the Committee isiana (Mr. VITTER) and the Senator Rhode Island (Mr. WHITEHOUSE) were on Commerce, Science, and Transpor- from Utah (Mr. LEE) were added as co- added as cosponsors of S. 1629, a bill to tation. sponsors of S. 2043, a bill to amend title amend title 38, United States Code, to Ms. COLLINS. Mr. President, I rise XXVII of the Public Health Service Act clarify presumptions relating to the ex- today to introduce legislation aimed at to provide religious conscience protec- posure of certain veterans who served ensuring that the health of American tions for individuals and organizations. in the vicinity of the Republic of Viet- travelers is not placed at possible risk nam, and for other purposes. AMENDMENT NO. 1470 as our airport security technology EGICH S. 1884 At the request of Mr. B , his evolves. I am very pleased to be joined name was added as a cosponsor of At the request of Mr. DURBIN, the by Senators AKAKA, COBURN, SCOTT amendment No. 1470 proposed to S. names of the Senator from Minnesota BROWN, and LEVIN, who are cospon- 2038, an original bill to prohibit Mem- (Ms. KLOBUCHAR) and the Senator from soring this bill. bers of Congress and employees of Con- North Carolina (Mr. BURR) were added Our bill has two major components. as cosponsors of S. 1884, a bill to progress from using nonpublic information First, it would require the Department vide States with incentives to require derived from their official positions for of Homeland Security’s Science and elementary schools and secondary personal benefit, and for other pur- Technology Directorate, in consulta- schools to maintain, and permit school poses. tion with the National Science Founda- At the request of Mr. LIEBERMAN, the personnel to administer, epinephrine at tion, to commission an independent name of the Senator from Alaska (Ms. schools. study on the possible health effects of MURKOWSKI) was added as a cosponsor S. 1983 the x-ray radiation emitted by some of of amendment No. 1470 proposed to S. the scanning machines we see and pass At the request of Mr. SCHUMER, the 2038, supra. names of the Senator from Delaware through in our airports. Second, it At the request of Mr. HELLER, his would give airline passengers, espe- (Mr. COONS) and the Senator from Iowa name was added as a cosponsor of cially those passengers in sensitive (Mr. HARKIN) were added as cosponsors amendment No. 1470 proposed to S. groups such as pregnant women, clear of S. 1983, a bill to amend the Immigra- 2038, supra. tion and Nationality Act to eliminate notice of their ability to choose an- AMENDMENT NO. 1471 other screening option in lieu of expo- the per-country numerical limitation At the request of Mr. MCCAIN, the for employment-based immigrants, to sure to ionizing radiation. names of the Senator from Oklahoma Some advanced-imaging tech- increase the per-country numerical (Mr. COBURN), the Senator from South nology—or AIT—machines rely on x- limitation for family-sponsored immi- Dakota (Mr. THUNE) and the Senator ray backscatter technology. Time and grants, and for other purposes. from Nevada (Mr. HELLER) were added time again, I have expressed my con- S. 1989 as cosponsors of amendment No. 1471 cern over their use, particularly since At the request of Ms. CANTWELL, the proposed to S. 2038, an original bill to there is an alternative screening tech- name of the Senator from Connecticut prohibit Members of Congress and em- nology available. While the TSA has (Mr. LIEBERMAN) was added as a co- ployees of Congress from using non- repeatedly told the public that the sponsor of S. 1989, a bill to amend the public information derived from their amount of radiation emitted from Internal Revenue Code of 1986 to make official positions for personal benefit, these machines is extremely small, permanent the minimum low-income and for other purposes. passengers and some scientific experts housing tax credit rate for unsub- AMENDMENT NO. 1472 have raised legitimate questions about sidized buildings and to provide a min- At the request of Mr. TOOMEY, the the impact of repeated exposure to this imum 4 percent credit rate for existing name of the Senator from North Caro- radiation. buildings. lina (Mr. BURR) was added as a cospon- Last November, during a hearing on S. 1990 sor of amendment No. 1472 proposed to aviation security before our Homeland At the request of Mr. LIEBERMAN, the S. 2038, an original bill to prohibit Security Committee, the TSA Admin- names of the Senator from Missouri Members of Congress and employees of istrator, John Pistole, agreed to my

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with S210 CONGRESSIONAL RECORD — SENATE January 31, 2012 call for an independent study to ad- should be yet another impetus for an when an independent review of the dress the lingering health concerns and independent study. scanning technology that emits radi- questions about this additional and re- Additionally, some experts note that ation must be undertaken. I urge my peated exposure to radiation. Shortly the safety mechanisms in these ma- colleagues to join us in quickly passing thereafter, however, he appeared to chines that would prevent them from this legislation. back away from this commitment, sug- malfunctioning have never been inde- gesting that a forthcoming report by pendently tested. This means that if a By Ms. SNOWE (for herself, Ms. the Department of Homeland Secu- machine malfunctions and the safety LANDRIEU and Mr. BROWN of rity’s inspector general might be a suf- features designed to shut the machine Massachusetts): ficient substitute for a new, completely down in such an instance do not work, S. 2050. A bill to amend the Internal independent, thorough study. a traveler could receive a higher dose Revenue Code of 1986 to extend certain Chairman JOE LIEBERMAN and I wrote of radiation. Pregnant women, chil- provisions of the Creating Small Busi- to the Administrator to press for more dren, the elderly, and as much as 5 per- ness Jobs Act of 2010, and for other pur- details about TSA’s plans for an inde- cent of the adult population are more poses; to the Committee on Finance. pendent study. Two weeks later, hav- sensitive to radiation exposure. At a Ms. SNOWE. Mr. President, I rise to ing received no reply, I sent another minimum, this suggests the need for introduce along with Senator LANDRIEU letter to Administrator Pistole asking further independent study. the Small Business Tax Extenders Act why he believed the IG report on TSA’s Mr. President, I wish to share with of 2012, that will provide targeted tax use of backscatter machines was a suf- my colleagues a tragic episode involv- relief legislation to small businesses ficient substitute for an independent ing the daughter of two of my constitu- and extend the essential tax relief pro- study of the health impacts. TSA’s re- ents. She underwent screening at the visions that were included in the Small sponse lacked any detail as to why the airport with a backscatter x-ray AIT. Business Jobs Act of 2010, P.L. 111–240. agency no longer believes an inde- She was pregnant and directed by TSA When the Small Business Jobs Act of pendent study on the health effects of to a line for a backscatter x-ray AIT 2010 was crafted, Senator LANDRIEU and x-ray backscatter machines is war- machine. She was completely unaware I worked closely with Finance Com- ranted, nor did it explain how the IG’s that she was entering into an x-ray mittee Chair BAUCUS, then-Ranking review would be a sufficient substitute emitting machine before she stepped Member GRASSLEY, and now Ranking for an independent study. That is why into it. She thought it was the more Member HATCH to ensure the critical I have introduced this bill today. traditional magnetometer. Afterward, small business tax provisions that re- Late last year, the European Com- she was distressed to know she had ex- flected our shared priorities were in- mission announced that ‘‘in order not posed her unborn child to x-ray radi- cluded in that legislation. We sincerely to risk jeopardizing citizens’ health ation. Had she realized ahead of time, appreciate all of their hard work on and safety,’’ it would only authorize she clearly would have opted for the al- that legislation. the use of passenger scanners in the ternative screening methods. Only 2 As the former Chair and now Rank- European Union that do not use x-ray weeks later, she suffered a miscarriage ing Member of the Committee on Small technology. This prohibition gives even which she attributes to the radiation Business and Entrepreneurship, and more need and justification for an inde- she received from this scan. We will along with current Chair LANDRIEU, we pendent study of the safety of the AIT never know for certain the cause of are well aware of the urgent imperative machines. this family’s loss, but they believe in of job creation in our country. Accord- Some respected experts have warned their hearts that the backscatter radi- ing to the Bureau of Labor Statistics, Congress and the administration of the ation is to blame. the average annual unemployment rate potential negative public health risks Clearly, at a minimum, this young for 2011 was 9 percent. For the past 3 posed by the x-ray backscatter ma- woman should have been informed by a years, unemployment has been no chines. They note that while the risk prominent sign that an alternative lower than 8.3 percent, so we are far that someone might develop cancer be- means of screening was available. That from where we need to be in a recovery. cause of his or her exposure to radi- is why my bill also requires TSA to About 45 percent of the unemployed ation during one screening by such an have larger, understandable signs at have been out of work for at least 6 AIT machine is very small, we simply the beginning of the screening process, months—a level previously unseen in do not truly know the risk of this radi- not later when it is only noticed, if at the 6 decades since World War II. ation exposure over multiple all, after a lengthy wait in line. Signs At a time when 14 million Americans screenings for frequent flyers, those in should alert passengers that pregnant are still unemployed, and have been so vulnerable groups, or TSA employees women, children, and the elderly can for the longest period since record themselves who are operating these be more sensitive to radiation expo- keeping began in 1948, our government machines. sure. These signs should also make should be taking every possible step to When a person is scanned by these clear that passengers can opt out of ease the burden on job creators. We machines, they receive a dose of radi- this type of scanning. must help create an environment that ation—what experts in the field call a I have urged TSA to move forward is conducive to small businesses’ job direct dose. During the scan, some of using only radiation screening tech- creation. Our Nation’s small businesses the radiation is not absorbed but is nology, but in the meantime, an inde- are the engine of job creation, being re- scattered in random directions from pendent study is needed to protect the sponsible for at least 60 percent and the person being scanned. Experts call public and to determine which tech- perhaps as many as 2⁄3 of all new jobs this the scatter dose. Some experts nology is worthy of taxpayer dollars. created, and they should be the focus of point to anomalies between the scatter Surely passengers should be well in- our support. One critical way to do so dose reportedly associated with these formed of their screening options. is through targeted small business tax scanners and the scatter dose associ- We Americans have demonstrated incentives. ated with comparable medical tech- our willingness to endure enhanced se- The bill Senator LANDRIEU and I are nology. Specifically, the scatter doses curity measures at our airports if those introducing today provides those tar- for these AIT machines are higher in measures appear to be reasonable and geted tax incentives that in the past relative terms than scatter doses for related to real risks. But travelers be- have received bipartisan support both comparable medical devices. What is come frustrated when security meas- in the Senate and in the House. These troubling is that the experts are not ures inconvenience them without tax provisions provide relief to small sure why the AIT scatter doses are cause, cause privacy or health con- businesses in their capital investments higher. They point to possible defi- cerns, or when they appear to be fo- and to those willing to risk their own ciencies with the testing equipment or cused on those who pose little or no savings by investing in the small busi- the poor placement of the testing threat. ness. The provisions provide relief to equipment as possible explanations. On this particular issue, Senators the self-employed as well as to S cor- Overall, they say this anomaly could AKAKA, COBURN, SCOTT BROWN, LEVIN, porations and partnerships. The suc- point to higher direct dose rates and and I agree that we are past the time cess of these provisions over the past

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with January 31, 2012 CONGRESSIONAL RECORD — SENATE S211 several years is evident in the fact we for business owners to offer to their longstanding priority of mine and of noted above, about small businesses employees. Senator JOHN KERRY—former Chair of being the one bright spot of job cre- This bill would also extend the avail- the Small Business Committee and my ation even in these troubled times, and ability of the so-called Section 179 ex- fellow colleague on the Finance Com- this bill will help them continue to pensing to give businesses the option of mittee. The Kerry-Snowe Invest in grow and continue to help provide jobs. writing off the cost of qualifying cap- Small Business Act of 2009 included The lifeblood of a small business is ital expenses in the year of acquisition this exclusion, which we fought to in- its cash flow and this bill contains sev- instead of recovering these costs over corporate into the Small Business Jobs eral provisions to improve it. One of time through depreciation, and allow Act. Chair LANDRIEU and I are very these provisions will address a funda- businesses to take advantage of higher pleased to take-up that mantle to- mental injustice of the tax code by ex- limits for the so-called Section 179 ex- gether and we are committed to its extending the deduction for health insur- pensing. Under this provision, up to tension. ance premiums against not only in- $250,000 can be expensed for real prop- But targeted small business tax pro- come taxes but also against payroll erty and up to $250,000 for equipment, visions, for all their importance and taxes. At a rate of 15.3 percent, the or up to the full $500,000 for just equip- critical need, are not enough. That is self-employment, or SECA, tax is im- ment. why as a senior member of the Senate posed on the health benefits of business Expanding Section 179 expensing has Finance Committee, I have been urging owners. This is a costly injustice that been a significant Small Business Com- this administration to champion tax makes health insurance just that much mittee bipartisan priority of mine and reform, and, in fact, I led a panel on more expensive at a time when insur- Chair LANDRIEU’s, as well as of former the issue as part of the Economic Sum- ance costs are already prohibitively ex- Small Business Committee Chair mit at the White House more than pensive. KERRY, as reflected in no fewer than three years ago. In the coming years we will certainly three separate bills in the previous The individual income tax form has see health premiums rise, making it all Congress. more than tripled in length from 52 the more onerous on small businesses I want my colleagues to understand pages for 1980 to 174 pages for 2009. to provide critical benefits to their em- that this provision is expected to con- American taxpayers spend 7.6 billion ployees. Allowing the full deduction for fer a major economic boost because it hours and shell out $140 billion—or one health insurance is critical for its af- certainly speeds up the recovery time percent of GDP—just struggling to fordability. I was thrilled that we were on these investments. Extending this comply with tax filing requirements. able to address this injustice in the provision will help the businesses mod- This is not surprising as there have Small Business Jobs Act of 2010, and I ernize while aiding construction firms been 15,000 changes to the tax code sincerely hope that this provision can and their employees. since the last overhaul in 1986. be extended again until we can find a Additionally, the Small Business Alarmingly, the tax code is also permanent solution. Jobs Act of 2010 provided for a tem- needlessly restricting our ability to This legislation will also extend a porary reduction in the recognition pe- compete in today’s integrated global provision permitting general business riod for S corporation built-in gains economy, as we strain under the second credits to be carried back 5 years and tax. When businesses convert from a C highest corporate tax burden in the in- taken against the Alternative Min- corporation to an S corporation, they dustrialized world. And while this Ad- imum Tax, AMT. Before the enactment have been required to hold their appre- ministration and the Senate majority of the Small Business Jobs Act, a ciated assets for a full decade or face a are pondering whether we should re- business’s unused general business punitive level of double taxation. In form our tax code, small businesses credit could be carried back to offset such instances, first the built-in gain continued to struggle with the current taxes paid in the previous year, and the corporate tax rate of 35 percent is ap- tax regime at the expense of creating remaining amount could be carried for- plied and then all other applicable fed- more jobs and growing operations. ward for 20 years to offset future tax li- eral, state and local shareholder tax While I continue to advocate for abilities. rates are applied, often totaling near 60 comprehensive tax reform, there are The 5-year carryback of credits will percent in most states, including certain measures that, although not a allow business owners to reach back to Maine. In effect, the built-in gain tax silver bullet, should be passed right prior years when they had taxable in- locks-up businesses’ own capital and away to help improve the economic en- come to offset prior tax liability with forces them to look elsewhere—a par- vironment for small businesses. The these credits and get immediate cash ticular challenge for S corporations Small Business Tax Extenders Act is a infusion. Business owners can use this since closely-held businesses have lim- critical example: this legislation con- cash as they choose, but as we have ited access to the public markets and tains provisions that Senator LANDRIEU seen with net operating loss relief, therefore fewer options for raising and I have championed for years to they use these funds for anything from needed capital. provide small businesses greater cash meeting payroll to investing in new Recent law changes temporarily flow, incentivizing their investments, equipment. The same principle applies shortened this holding period to 7 and increasing tax fairness. with respect to the provision that al- years, but that is still too long. By in- Mr. President, it is essential that we lows credits to be used against the fusing capital—that is, releasing their pass these small business tax exten- AMT. own capital—this provision in the sions. I urge my colleagues to support When Congress implements policies Small Business Jobs Act, reducing the this legislation so we can ensure that through the tax code, it is with intent holding period from 7 years to 5 years, our Nation’s small businesses and their that businesses will utilize such incen- enabled companies that have long been employees are provided with much tives to do what they do best, and that S corporations to redeploy this capital needed tax relief. is to grow their operations, which in to invest in and grow their businesses. Mr. President, I ask unanimous con- turn leads to hiring additional employ- Extending this provision also under- sent that the text of the bill be printed ees. Unfortunately, during a struggling scores how vital access to capital is for in the RECORD. economic cycle that we have been ex- small businesses, while preserving the There being no objection, the text of periencing for more than 3 years, busi- original policy intent of the holding the bill was ordered to be printed in nesses do not have income tax liability period and making it more reflective of the RECORD, as follows: that can be offset with a credit. It is the shorter business planning cycles of S. 2050 rather simple: if you do not have the 21st century. Be it enacted by the Senate and House of Rep- enough revenue to claim a credit, that A final provision would extend a resentatives of the United States of America in credit is of little use to you. complete exclusion on capital gains at- Congress assembled, An incredible benefit of the tributable to small business stock held SECTION 1. SHORT TITLE; REFERENCES. carryback and the use of general busi- for five years. Extending this measure (a) SHORT TITLE.—This Act may be cited as ness credits against the AMT is to will help further critical investment in the ‘‘Small Business Tax Extenders Act of make health insurance more affordable our nation’s small businesses. This is a 2012’’.

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with S212 CONGRESSIONAL RECORD — SENATE January 31, 2012 (b) REFERENCES.—Except as otherwise ex- is amended by striking ‘‘2010 or 2011’’ and in- This was the right investment to pressly provided, whenever in this Act an serting ‘‘2010, 2011, or 2012’’. make for our future. Today, education, amendment or repeal is expressed in terms of (f) EFFECTIVE DATE.—The amendments particularly higher education, is even an amendment to, or repeal of, a section or made by this section shall apply to taxable more essential than ever. In 1980, the years beginning after December 31, 2011. other provision, the reference shall be con- gap between the lifetime earnings of a sidered to be made to a section or other pro- SEC. 7. EXTENSION OF SPECIAL RULE FOR LONG- vision of the Internal Revenue Code of 1986. TERM CONTRACT ACCOUNTING. college graduate and a high school SEC. 2. EXTENSION OF TEMPORARY EXCLUSION (a) IN GENERAL.—Clause (ii) of section graduate was 40 percent. In 2010, it was OF 100 PERCENT OF GAIN ON CER- 460(c)(6)(B) is amended by striking ‘‘January 74 percent. By 2025, it is projected to be TAIN SMALL BUSINESS STOCK. 1, 2011 (January 1, 2012’’ and inserting ‘‘Janu- 96 percent. Since at least the 1980s, we (a) IN GENERAL.—Paragraph (4) of section ary 1, 2013 (January 1, 2014’’. have not been producing a sufficient 1202(a) is amended— (b) EFFECTIVE DATE.—The amendment number of college-educated workers to (1) by striking ‘‘January 1, 2012’’ and in- made by this section shall apply to property meet the demand of a more sophisti- placed in service after December 31, 2010. serting ‘‘January 1, 2013’’, and cated and challenging economy driven (2) by striking ‘‘AND 2011’’ and inserting ‘‘, SEC. 8. EXTENSION OF INCREASED AMOUNT AL- by global competition. Indeed, our 2011, AND 2012’’ in the heading thereof. LOWED AS A DEDUCTION FOR (b) EFFECTIVE DATE.—The amendments START-UP EXPENDITURES. country lags behind in college edu- made by this section shall apply to stock ac- (a) IN GENERAL.—Paragraph (3) of section cation, ranking 14 in international quired after December 31, 2011. 195(b) is amended— comparisons of college graduates. For SEC. 3. EXTENSION OF 5-YEAR CARRYBACK OF (1) by inserting ‘‘, 2001, or 2012’’ after young adults, ages 25 to 34, we rank 16. GENERAL BUSINESS CREDITS OF EL- ‘‘2010’’, and This is no time to make financing a IGIBLE SMALL BUSINESSES. (2) by inserting ‘‘2011, AND 2012’’ in the head- college education more expensive for (a) IN GENERAL.—Subparagraph (A) of sec- ing thereof. middle class families. Yet, absent en- tion 39(a)(4) is amended by inserting ‘‘, 2011, (b) EFFECTIVE DATE.—The amendments or 2012’’ after ‘‘2010’’. made by this section shall apply to amounts acting this legislation, that is what (b) EFFECTIVE DATE.—The amendment paid or incurred in taxable years beginning will happen. According to an analysis made by this section shall apply to credits after December 31, 2010. by U.S. PIRG, allowing the interest determined in taxable years beginning after SEC. 9. EXTENSION OF ALLOWANCE OF DEDUC- rate to double could cost borrowers December 31, 2010. TION FOR HEALTH INSURANCE IN who take out the maximum $23,000 in SEC. 4. EXTENSION OF ALTERNATIVE MINIMUM COMPUTING SELF-EMPLOYMENT subsidized student loans approximately TAXES. TAX RULES FOR GENERAL BUSINESS $5,000 more over a 10-year repayment CREDITS OF ELIGIBLE SMALL BUSI- (a) IN GENERAL.—Paragraph (4) of section NESSES. 162(l) is amended by striking ‘‘December 31, period. (a) IN GENERAL.—Subparagraph (A) of sec- 2010’’ and inserting ‘‘December 31, 2012’’. The subsidized student loan program tion 38(c)(5) is amended by inserting ‘‘, 2011, (b) EFFECTIVE DATE.—The amendment for undergraduates is highly targeted or 2012’’ after ‘‘2010’’. made by this section shall apply to taxable to low- and middle-income families. (b) EFFECTIVE DATE.—The amendments years beginning after December 31, 2010. Approximately 37 percent of the de- made by this section shall apply to credits pendent borrowers in this program determined in taxable years beginning after By Mr. REED (for himself, Mr. come from families with annual in- December 31, 2010, and to carrybacks of such WHITEHOUSE, Mr. FRANKEN, Mr. comes of less than $40,000. An addi- credits. LEAHY, Mr. SANDERS, and Ms. tional 21.6 percent of students receiv- SEC. 5. EXTENSION OF REDUCTION IN RECOGNI- STABENOW): ing subsidized students loans come TION PERIOD FOR BUILT-IN GAINS S. 2051. A bill to amend the Higher TAX. from families with incomes between Education Act of 1965 to extend the re- (a) IN GENERAL.—Clause (ii) of section $40,000 and 60,000 per year. These stu- 1374(d)(7)(B) of the Internal Revenue Code of duced interest rate for Federal Direct dents receive very little, if any, benefit 1986 is amended by inserting ‘‘2012, or 2013,’’ Stafford Loans; to the Committee on from the Pell grant program but still after ‘‘2011,’’. Health, Education, Labor, and Pen- have significant financial need. The (b) CONFORMING AMENDMENT.—The heading sions. for section 1374(d)(7)(B) is amended by strik- subsidized student loan program is our Mr. REED. Mr. President, today I in- main vehicle for addressing that need. ing ‘‘AND 2011’’ and inserting ‘‘2011, AND 2012’’. troduce with my colleagues Senators (c) TECHNICAL AMENDMENT.—Subparagraph Tax loopholes and giveaways that let (B) of section 1374(d)(7) of such Code is WHITEHOUSE, SANDERS, STABENOW, and the biggest companies ship jobs over- amended by striking ‘‘The preceding sen- FRANKEN legislation to stop the stu- seas cost roughly $37 billion over ten tence’’ and inserting the following: ‘‘For pur- dent loan interest rate from doubling years. Loopholes like this one should poses of applying this subparagraph to an in- on July 1 of this year. be ended, with those savings used to stallment sale, each portion of such install- This is an issue that weighs heavily prevent an increase in college costs, ment sale shall be treated as a sale occurring on many of Rhode Island’s students and which are already a crushing burden on in the taxable year in which the first portion families who rely on student loans to of such installment sale occurred. This sub- families. Indeed, those savings are finance college. Rhode Island’s college more than enough to extend the stu- paragraph’’. graduates have the ninth highest stu- (d) EFFECTIVE DATE.—The amendments dent loan interest rate at least through made by this section shall apply to taxable dent debt total in the Nation, accord- the next reauthorization of the Higher years beginning after December 31, 2011. ing to a recent study by the Project on Education Act, expected in 2014. I SEC. 6. EXTENSION OF INCREASED EXPENSING Student Debt. In Rhode Island, 67 per- would that my colleagues on both sides LIMITATIONS AND TREATMENT OF cent of students graduating from four- of the aisle will support helping mil- CERTAIN REAL PROPERTY AS SEC- year colleges and universities in the TION 179 PROPERTY. lions of middle class families finance a 2010 school year had debt averaging (a) IN GENERAL.—Section 179(b) is amend- college education over continuing to ed— over $26,300. provide incentives for companies to (1) by striking ‘‘2010 or 2011’’ each place it Nationwide, the Department of Edu- take jobs and their investments over- appears in paragraph (1)(B) and (2)(B) and in- cation estimates that more than 10 seas. In his State of the Union Address, serting ‘‘2010, 2011, or 2012’’, million students will borrow subsidized President Obama called on Congress to (2) by striking ‘‘2012’’ each place it appears Stafford Loans in fiscal year 2012. Un- prevent this doubling of student loan in paragraph (1)(C) and (2)(C) and inserting less we act soon, they will see their in- rates. As families continue to struggle ‘‘2013’’, and terest rates double for the upcoming with the rising cost of college and (3) by striking ‘‘2012’’ each place it appears academic year. in paragraph (1)(D) and (2)(D) and inserting newly minted graduates face one of the ‘‘2013’’. In 2007, Congress made a historic in- toughest job markets since the Great (b) INFLATION ADJUSTMENT.—Subparagraph vestment in higher education by pass- Depression, it is vital that we protect (A) of section 179(b)(6) is amended by striking the College Cost Reduction and Ac- middle class families and their children ing ‘‘2012’’ and inserting ‘‘2013’’. cess Act. Included in this law was a from higher student loan rates. (c) COMPUTER SOFTWARE.—Section provision that reduced the fixed inter- I urge my colleagues to join me in co- 179(d)(1)(A)(ii) is amended by striking ‘‘2013’’ est rate on Stafford Loans for under- sponsoring and pressing for passage of and inserting ‘‘2014’’. graduate students from 6.8 percent to (d) ELECTION.—Section 179(c)(2) is amended this legislation. by striking ‘‘2013’’ and inserting ‘‘2014’’. 3.4 percent over a 4 year period, easing Mr. President, I ask unanimous con- (e) SPECIAL RULES FOR TREATMENT OF the financial burden on millions of stu- sent that the text of the bill be printed QUALIFIED REAL PROPERTY.—Section 179(f)(1) dents and their families. in the RECORD.

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with January 31, 2012 CONGRESSIONAL RECORD — SENATE S213 There being no objection, the text of their lifetime experienced stalking victim- sities, and nonprofit organizations to in- the bill was ordered to be printed in ization, during which they felt very fearful crease awareness of stalking and the avail- the RECORD, as follows: or believed that they or someone close to ability of services for stalking victims; and them would be harmed or killed; (4) urges national and community organi- S. 2051 Whereas, during a 1-year period, an esti- zations, businesses in the private sector, and Be it enacted by the Senate and House of mated 3,400,000 persons in the United States the media to promote awareness of the crime Representatives of the United States of America reported that they had been victims of stalk- of stalking through ‘‘National Stalking in Congress assembled, ing, and 75 percent of those victims reported Awareness Month’’. SECTION 1. INTEREST RATE EXTENSION. that they had been stalked by someone they f Section 455(b)(7)(D) of the Higher Edu- knew; cation Act of 1965 (20 U.S.C. 1087e(b)(7)(D)) is Whereas 11 percent of victims reported SENATE RESOLUTION 361—CON- amended— having been stalked for more than 5 years, GRATULATING THE UNIVERSITY (1) in the matter preceding clause (i), by and 23 percent of victims reported having OF ALABAMA CRIMSON TIDE been stalked almost every day; striking ‘‘and before July 1, 2012,’’; and FOOTBALL TEAM FOR WINNING (2) in clause (v), by striking ‘‘and before Whereas 1 in 4 victims reported that stalk- July 1, 2012,’’. ers had used email, instant messaging, blogs, THE 2011 BOWL CHAMPIONSHIP bulletin boards, Internet sites, chat rooms, SERIES NATIONAL CHAMPION- f or other forms of electronic monitoring SHIP SUBMITTED RESOLUTIONS against them, and 1 in 13 victims reported that stalkers had used electronic devices to Mr. SHELBY (for himself and Mr. monitor them; SESSIONS) submitted the following res- SENATE RESOLUTION 359—COM- Whereas stalking victims are forced to olution; which was considered and MENDING ALAN S. FRUMIN ON take drastic measures to protect themselves, agreed to: HIS SERVICE TO THE UNITED including changing identity, relocating, S. RES. 361 changing jobs, and obtaining protection or- Whereas the University of Alabama Crim- STATES SENATE ders; Mr. REID of Nevada (for himself and Whereas 1 in 7 victims reported having re- son Tide football team won the 2012 Allstate Bowl Championship Series (referred to in Mr. MCCONNELL) submitted the fol- located in an effort to escape a stalker; Whereas approximately 1 in 8 employed this preamble as ‘‘BCS’’) National Cham- lowing resolution; which was consid- pionship Game, defeating Louisiana State ered and agreed to: victims of stalking missed work because they feared for their safety or were taking University by a score of 21–0 in the Mercedes- S. RES. 359 steps to protect themselves, such as by seek- Benz Superdome in New Orleans on January Whereas Alan S. Frumin, a native of New ing a restraining order; 9, 2012; Rochelle, New York and graduate of Colgate Whereas less than 50 percent of victims re- Whereas this victory marks the second University and Georgetown University Law ported stalking to police, and only 7 percent BCS title in the last 3 years and the 14th na- Center, began his long career with the Con- of victims contacted a victim service pro- tional championship in college football for gress in the House of Representatives prece- vider, shelter, or hotline; the University of Alabama; dents writing office in April of 1974; Whereas stalking is a crime under Federal Whereas the victory by the University of Whereas Alan S. Frumin began work with law and under the laws of all 50 States, the Alabama was the first shutout in any BCS the Secretary of the Senate’s Office of the District of Columbia, and the territories of bowl game since the system was created in Senate Parliamentarian on January 1, 1977, the United States; 1998 and the first shutout in the champion- serving under eight Majority Leaders; Whereas stalking affects victims of every ship game since the 1992 Orange Bowl; Whereas Alan S. Frumin served the Senate race, age, culture, gender, sexual orienta- Whereas the 2012 BCS National Champion- as its Parliamentarian from 1987 to 1995 and tion, physical and mental ability, and eco- ship Game was the 59th postseason bowl ap- from 2001 to 2012 and has been Parliamen- nomic status; pearance and the 33rd bowl victory for the tarian Emeritus since 1997; Whereas national organizations, local vic- University of Alabama, both of which extend Whereas Alan S. Frumin revised the Sen- tim service organizations, campuses, pros- existing NCAA records for the University of ate’s book on procedure, ‘‘Riddick’s Senate ecutor’s offices, and police departments Alabama; Procedure’’ and is the only sitting Parlia- stand ready to assist stalking victims and Whereas the victory by the University of mentarian to have published a compilation are working diligently to develop effective Alabama marks the sixth consecutive BCS of the body’s work; and innovative responses to stalking; national championship for the Southeastern Whereas Alan S. Frumin has shown tre- Whereas there is a need to improve the re- Conference and the third consecutive BCS mendous dedication to the Senate during his sponse of the criminal justice system to national championship for the State of Ala- 35 years of service; stalking through more aggressive investiga- bama; Whereas Alan S. Frumin has earned the re- tion and prosecution; Whereas the University of Alabama gained spect and affection of the Senators, their Whereas there is a need for increased avail- 384 yards of total offense in the BCS Na- staffs and all of his colleagues for his exten- ability of victim services across the United tional Championship Game, while holding sive knowledge of all matters relating to the States, and such services must include pro- the offense of Louisiana State University to Senate, his fairness and thoughtfulness; grams tailored to meet the needs of stalking 5 first downs and 92 total yards, the second Whereas Alan S. Frumin now retires from victims; lowest yards of total offense in BCS history; the Senate after 35 years to spend more time Whereas persons aged 18 to 24 experience Whereas A.J. McCarron completed 23 of 34 with his wife, Jill, and his daughter, Allie; the highest rates of stalking victimization, passes for a total of 234 yards without a turn- Now, therefore, be it and rates of stalking among college students over and was named offensive player of the Resolved, That the Senate expresses its ap- exceed the prevalence rates found in the gen- game; preciation to Alan S. Frumin and commends eral population; Whereas senior linebacker Courtney Up- him for his lengthy, faithful and outstanding Whereas as many as 75 percent of women in shaw recorded 7 tackles, including 1 sack, service to the Senate. college who experience stalking-related be- and was named defensive player of the game; Resolved, That the Secretary of the Senate havior experience other forms of victimiza- Whereas Trent Richardson, winner of the shall transmit a copy of this resolution to tion, including sexual or physical victimiza- Doak Walker Award, finished with 20 carries Alan S. Frumin. tion, or both; for 96 yards and 107 all-purpose yards and f Whereas there is a need for effective re- scored the only touchdown of the game; sponses to stalking on campuses; and Whereas Jeremy Shelley successfully com- SENATE RESOLUTION 360—RAISING Whereas the Senate finds that ‘‘National pleted 5 field goal attempts, setting a BCS AWARENESS AND ENCOURAGING Stalking Awareness Month’’ provides an op- National Championship Game record and PREVENTION OF STALKING BY portunity to educate the people of the tying an NCAA bowl record; DESIGNATING JANUARY 2012 AS United States about stalking: Now, there- Whereas in 2011, the defense of the Univer- ‘‘NATIONAL STALKING AWARE- fore, be it sity of Alabama led the nation in rushing de- Resolved, That the Senate— fense, passing defense, scoring defense, and NESS MONTH’’ (1) designates January 2012 as ‘‘National total defense; Ms. KLOBUCHAR (for herself, Mrs. Stalking Awareness Month’’; Whereas 4 members of the Crimson Tide HUTCHISON, Mr. LEAHY, Mr. ISAKSON, (2) applauds the efforts of the many stalk- football team were recognized as first-team Mr. WHITEHOUSE, and Mr. FRANKEN) ing victim service providers, police, prosecu- All Americans by the Associated Press; submitted the following resolution; tors, national and community organizations, Whereas the 2011 Crimson Tide senior class which was considered and agreed to: campuses, and private sector supporters to compiled a 48–6 record, tying a Southeastern promote awareness of stalking; Conference record for class victories; S. RES. 360 (3) encourages policymakers, criminal jus- Whereas the leadership of head coach Nick Whereas 1 in 6, or 19,200,000, women in the tice officials, victim service and human serv- Saban, whose dedication and commitment to United States have at some point during ice agencies, college campuses and univer- excellence instilled in his players a sense of

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with S214 CONGRESSIONAL RECORD — SENATE January 31, 2012 integrity, pride, sportsmanship, and perse- Whereas a violent relationship in adoles- Whereas the establishment of National verance, inspired both his team throughout cence can have serious ramifications for the Teen Dating Violence Awareness and Preven- the season and the Tuscaloosa community victim, putting the victim at higher risk for tion Month will benefit schools, commu- following the devastating losses in the April substance abuse, eating disorders, risky sex- nities, and families regardless of socio- tornadoes; ual behavior, suicide, and adult revictimiza- economic status, race, or sex: Now, there- Whereas President Robert Witt and Ath- tion; fore, be it letic Director Mal Moore have brought tre- Whereas being physically or sexually Resolved, That the Senate— mendous academic success and national rec- abused makes teenage girls— (1) designates the month of February 2012 ognition to the University of Alabama ath- (1) up to 6 times more likely to become as ‘‘National Teen Dating Violence Aware- letic department and the entire university; pregnant; and ness and Prevention Month’’; (2) supports communities that are empow- and (2) more than twice as likely to contract a ering teenagers to develop healthier rela- Whereas the players, coaches, and support sexually transmitted disease; tionships throughout their lives; and staff of the University of Alabama football Whereas, according to a recent study pub- (3) calls upon the people of the United team showed tremendous determination lished in the Archives of Pediatrics and Ado- States, including young people, parents, throughout the season and brought great lescent Medicine, more than half of teen- schools, law enforcement officials, State and honor to the University of Alabama and the agers and young adults treated at an inner- local officials, and interested groups to ob- State of Alabama: Now, therefore, be it city emergency room reported having been a serve National Teen Dating Violence Aware- Resolved, That the Senate— victim or perpetrator of dating violence; (1) commends the University of Alabama ness and Prevention Month with appropriate Whereas nearly 3 in 4 ‘‘tweens’’, individ- programs and activities that promote aware- for winning the 2011 Bowl Championship Se- uals who are between the ages of 11 and 14, ries National Championship; ness and prevention of teen dating violence report that dating relationships usually in their communities. (2) recognizes the achievements of all the begin at age 14 or younger, and approxi- players, coaches, and staff whose hard work, mately 72 percent of students in eighth or f dedication, and persistence helped the Crim- ninth grade report dating; SENATE RESOLUTION 363—CON- son Tide win a national championship; and Whereas 1 in 5 tweens report having a (3) requests the Secretary of the Senate to GRATULATING THE PITTSBURG friend who is a victim of dating violence, and STATE UNIVERSITY GORILLAS prepare an official copy of this resolution for nearly half of tweens who are in relation- presentation to— ships know a friend who is verbally abused; FOOTBALL TEAM FOR WINNING (A) the President of the University of Ala- Whereas more than 3 times as many THE 2011 NCAA DIVISION II FOOT- bama, Dr. Robert Witt; tweens (20 percent) as parents of tweens (6 BALL CHAMPIONSHIP (B) the Athletic Director of the University percent) admit that parents know little or Mr. MORAN (for himself and Mr. of Alabama, Mal Moore; and nothing about the dating relationships of ROBERTS) submitted the following reso- (C) the Head Coach of the University of tweens; Alabama Crimson Tide football team, Nick lution; which was considered and Whereas, according to the Liz Claiborne agreed to: Saban. Inc. 2009 Parent/Teen Dating Violence Poll, S. RES. 363 f although 82 percent of parents are confident that they could recognize the signs that Whereas the Pittsburg State University SENATE RESOLUTION 362—DESIG- their child was experiencing dating abuse, a Gorillas football team defeated the Wayne NATING THE MONTH OF FEB- majority of parents, or 58 percent, could not State University Warriors by a score of 35 to RUARY 2012 AS ‘‘NATIONAL TEEN correctly identify all the warning signs of 21 to win the 2011 NCAA Division II Football Championship in Florence, Alabama on De- DATING VIOLENCE AWARENESS dating abuse; Whereas 74 percent of teenage boys and 66 cember 17, 2011; AND PREVENTION MONTH’’ percent of teenage girls say they have not Whereas Pittsburg State University has Mr. CRAPO (for himself and Mr. had a conversation with a parent about dat- more all-time wins than any other NCAA Di- vision II football program and this cham- WHITEHOUSE) submitted the following ing abuse in the past year; Whereas, according to a National Crime pionship victory, the 4th in the history of resolution; which was considered and the university, continues a long tradition of agreed to: Prevention Council survey, 43 percent of middle and high school students reported ex- success; S. RES. 362 periencing cyberbullying during the past Whereas the Pittsburg State University Whereas, although dating violence, domes- year; coaching staff, led by second-year Head tic violence, sexual violence, and stalking af- Whereas 1 in 4 teens in a relationship re- Coach Tim Beck, the 2011 Liberty Mutual fect women regardless of age, teenage girls port having been called names, harassed, or Coach of the Year Award winner for Division and young women are especially vulnerable; put down by a partner through the use of a II, guided the Gorillas to a final regular sea- Whereas, according to the National Inti- cell phone, including through texting; son record of 13 wins and 1 loss; mate Partner and Sexual Violence survey re- Whereas 3 in 10 young people have sexted, Whereas the Gorillas benefitted from cently conducted by the Centers for Disease and 61 percent of young people who have strong leadership in the championship game, Control and Prevention (referred to in this sexted report being pressured to do so at including senior quarterback and Pittsburg, preamble as the ‘‘CDC’’), the majority of vic- least once; Kansas native Zac Dickey, who passed for 190 timization starts early in life, as most vic- Whereas, according to the Liz Claiborne yards and rushed for 68 yards; and tims of rape and intimate partner violence Inc. 2010 College Dating Violence and Abuse Whereas the students, staff, alumni, and first experience such violence before age 24; Poll, 43 percent of college women who date friends of Pittsburg State University, along Whereas, according to the Liz Claiborne report experiencing violent and abusive dat- with the city of Pittsburg, Kansas, deserve Inc. 2009 Parent/Teen Dating Violence Poll, ing behavior; much credit for supporting the Gorillas foot- approximately 1 in 3 adolescent girls in the Whereas 70 percent of college students who ball team: Now, therefore, be it United States is a victim of physical, emo- experienced relationship abuse failed to real- Resolved, That the Senate— tional, or verbal abuse from a dating part- ize that they were in an abusive relationship (1) congratulates the Pittsburg State Uni- ner, a rate that far exceeds victimization at the time, and 60 percent of college stu- versity Gorillas football team for winning rates for other types of violence affecting dents who were in an abusive relationship the 2011 NCAA Division II Football Cham- young people; said that no one stepped in to help them; pionship; and Whereas, according to the Youth Risk Be- Whereas the severity of violence among in- (2) recognizes the achievements of all the havior Surveillance System (referred to in timate partners has been shown to be greater players, coaches, and support staff of the this preamble as the ‘‘YRBSS’’) of the CDC, in cases where a pattern of violence was es- Pittsburg State University Gorillas football nearly 10 percent of high school students tablished during adolescence; team. have been hit, slapped, or physically hurt on Whereas primary prevention programs are f purpose by a boyfriend or girlfriend during a key part of addressing teen dating vio- the past year; lence, and successful examples of such pro- SENATE RESOLUTION 364—RECOG- Whereas, according to the American Jour- grams include education, community out- NIZING THE GOALS OF NA- nal of Public Health, more than 1 in 4 teen- reach, and social marketing campaigns that TIONAL CATHOLIC SCHOOLS agers have been in a relationship where a are culturally appropriate; WEEK AND HONORING THE VAL- partner is verbally abusive; Whereas educating middle school students UABLE CONTRIBUTIONS OF Whereas, according to a survey conducted and the parents of those students about the CATHOLIC SCHOOLS IN THE by the YRBSS, almost 20 percent of teenage importance of building healthy relationships UNITED STATES girls who were exposed to physical dating vi- and preventing teen dating violence is key to olence did not attend school on 1 or more oc- deterring dating abuse before it begins; Mr. VITTER (for himself, Ms. LAN- casions during the 30 days preceding the sur- Whereas skilled assessment and interven- DRIEU, and Mr. JOHANNS) submitted the vey because the girls felt unsafe at school or tion programs are also necessary for young following resolution; which was consid- on the way to or from school; victims and abusers; and ered and agreed to:

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with January 31, 2012 CONGRESSIONAL RECORD — SENATE S215 S. RES. 364 SA 1481. Mr. BROWN, of Ohio (for himself TEXT OF AMENDMENTS and Mr. MERKLEY) proposed an amendment Whereas Catholic schools in the United SA 1477. Mr. THUNE submitted an to amendment SA 1470 proposed by Mr. REID States have received international acclaim amendment intended to be proposed to for academic excellence while providing stu- (for himself, Mr. BROWN of Massachusetts, dents with lessons that extend far beyond Mr. LIEBERMAN, Ms. COLLINS, Mrs. GILLI- amendment SA 1470 proposed by Mr. the classroom; BRAND, Mr. LEVIN, and Mr. FRANKEN) to the REID (for himself, Mr. BROWN of Massa- Whereas Catholic schools present a broad bill S. 2038, supra. chusetts, Mr. LIEBERMAN, Ms. COLLINS, curriculum that emphasizes the lifelong de- SA 1482. Mr. REID (for Mr. LIEBERMAN) Mrs. GILLIBRAND, Mr. LEVIN, and Mr. velopment of moral, intellectual, physical, proposed an amendment to amendment SA FRANKEN) to the bill S. 2038, to prohibit and social values in the young people of the 1470 proposed by Mr. REID (for himself, Mr. Members of Congress and employees of BROWN of Massachusetts, Mr. LIEBERMAN, United States; Congress from using nonpublic infor- Whereas Catholic schools in the United Ms. COLLINS, Mrs. GILLIBRAND, Mr. LEVIN, States today educate more than 2,000,000 stu- and Mr. FRANKEN) to the bill S. 2038, supra. mation derived from their official posi- dents and maintain a student-to-teacher SA 1483. Mr. LEAHY (for himself and Mr. tions for personal benefit, and for other ratio of 14 to 1; CORNYN) proposed an amendment to amend- purposes; as follows: Whereas the faculty members of Catholic ment SA 1470 proposed by Mr. REID (for him- At the appropriate place, insert the fol- schools teach a highly diverse body of stu- self, Mr. BROWN of Massachusetts, Mr. LIE- lowing: dents; BERMAN, Ms. COLLINS, Mrs. GILLIBRAND, Mr. SEC. l. MODIFICATION OF EXEMPTION. Whereas the graduation rate for all Catho- LEVIN, and Mr. FRANKEN) to the bill S. 2038, (a) REMOVAL OF RESTRICTION.—Section 4(2) lic school students is 99 percent; supra. of the Securities Act of 1933 (15 U.S.C. 77d(2)) Whereas 97 percent of Catholic high school SA 1484. Mr. PAUL submitted an amend- is amended by inserting before the period at graduates go on to college; ment intended to be proposed to amendment the end the following: ‘‘, whether or not such Whereas Catholic schools produce students SA 1470 proposed by Mr. REID (for himself, transactions involve general solicitation or strongly dedicated to their faith, values, Mr. BROWN of Massachusetts, Mr. LIEBER- general advertising’’. families, and communities by providing an MAN, Ms. COLLINS, Mrs. GILLIBRAND, Mr. (b) MODIFICATION OF RULES.—Not later intellectually stimulating environment rich LEVIN, and Mr. FRANKEN) to the bill S. 2038, than 90 days after the date of enactment of in spiritual character and moral develop- supra. this Act, the Securities and Exchange Com- ment; and SA 1485. Mr. PAUL submitted an amend- mission shall revise its rules issued in sec- Whereas, in the 1972 pastoral message con- ment intended to be proposed to amendment tion 230.506 of title 17, Code of Federal Regu- cerning Catholic education, the National SA 1470 proposed by Mr. REID (for himself, lations, to provide that the prohibition Conference of Catholic Bishops stated, ‘‘Edu- Mr. BROWN of Massachusetts, Mr. LIEBER- against general solicitation or general adver- cation is one of the most important ways by MAN, Ms. COLLINS, Mrs. GILLIBRAND, Mr. tising contained in section 230.502(c) of such which the Church fulfills its commitment to LEVIN, and Mr. FRANKEN) to the bill S. 2038, title shall not apply to offers and sales of se- the dignity of the person and building of supra. curities made pursuant to section 230.506, community. Community is central to edu- SA 1486. Mr. CORKER submitted an amend- provided that all purchasers of the securities cation ministry, both as a necessary condi- ment intended to be proposed by him to the are accredited investors. Such rules shall re- tion and an ardently desired goal. The edu- bill S. 2038, supra; which was ordered to lie quire the issuer to take reasonable steps to cational efforts of the Church, therefore, on the table. verify that purchasers of the securities are must be directed to forming persons-in-com- SA 1487. Mr. PAUL proposed an amend- accredited investors, using such methods as munity; for the education of the individual ment to amendment SA 1470 proposed by Mr. determined by the Commission. Christian is important not only to his soli- REID (for himself, Mr. BROWN of Massachu- tary destiny, but also the destinies of the setts, Mr. LIEBERMAN, Ms. COLLINS, Mrs. SA 1478. Mr. BROWN of Ohio sub- many communities in which he lives.’’: Now, GILLIBRAND, Mr. LEVIN, and Mr. FRANKEN) to mitted an amendment intended to be therefore, be it the bill S. 2038, supra. proposed to amendment SA 1470 pro- Resolved, That the Senate— SA 1488. Mr. DEMINT (for himself and Mr. posed by Mr. REID (for himself, Mr. (1) recognizes the goals of National Catho- VITTER) proposed an amendment to amend- lic Schools Week, an event cosponsored by ment SA 1470 proposed by Mr. REID (for him- BROWN of Massachusetts, Mr. LIEBER- the National Catholic Educational Associa- self, Mr. BROWN of Massachusetts, Mr. LIE- MAN, Ms. COLLINS, Mrs. GILLIBRAND, tion and the United States Conference of BERMAN, Ms. COLLINS, Mrs. GILLIBRAND, Mr. Mr. LEVIN, and Mr. FRANKEN) to the Catholic Bishops that recognizes the vital LEVIN, and Mr. FRANKEN) to the bill S. 2038, bill S. 2038, to prohibit Members of contributions of thousands of Catholic ele- supra. Congress and employees of Congress mentary and secondary schools in the United SA 1489. Mrs. BOXER (for herself and Mr. from using nonpublic information de- States; and ISAKSON) submitted an amendment intended to be proposed by her to the bill S. 2038, rived from their official positions for (2) commends Catholic schools, students, personal benefit, and for other pur- parents, and teachers across the United supra; which was ordered to lie on the table. States for their ongoing contributions to SA 1490. Mr. PAUL submitted an amend- poses; as follows: education, and for the vital role they play in ment intended to be proposed to amendment On page 6, strike lines 12 through 15, and promoting and ensuring a brighter, stronger SA 1470 proposed by Mr. REID (for himself, insert the following: future for the United States. Mr. BROWN of Massachusetts, Mr. LIEBER- ‘‘(j) After any transaction required to be MAN, Ms. COLLINS, Mrs. GILLIBRAND, Mr. reported under section 102(a)(5)(B), a Member f LEVIN, and Mr. FRANKEN) to the bill S. 2038, of Congress or officer or employee of Con- AMENDMENTS SUBMITTED AND supra. gress shall file a report of the transaction PROPOSED SA 1491. Mr. SHELBY submitted an amend- not later than 10 days following the day on ment intended to be proposed by him to the which the subject transaction has been exe- SA 1477. Mr. THUNE submitted an amend- bill S. 2038, supra; which was ordered to lie cuted.’’. ment intended to be proposed to amendment on the table. On page 9, line 17, strike ‘‘30’’ and insert SA 1470 proposed by Mr. REID (for himself, SA 1492. Mr. TESTER (for himself and Mr. ‘‘10’’. Mr. BROWN of Massachusetts, Mr. LIEBER- TOOMEY) submitted an amendment intended MAN, Ms. COLLINS, Mrs. GILLIBRAND, Mr. to be proposed by him to the bill S. 2038, SA 1479. Mr. HELLER submitted an LEVIN, and Mr. FRANKEN) to the bill S. 2038, supra; which was ordered to lie on the table. amendment intended to be proposed by to prohibit Members of Congress and employ- SA 1493. Mr. GRASSLEY submitted an him to the bill S. 2038, to prohibit ees of Congress from using nonpublic infor- amendment intended to be proposed by him mation derived from their official positions Members of Congress and employees of to the bill S. 2038, supra; which was ordered for personal benefit, and for other purposes. Congress from using nonpublic infor- SA 1478. Mr. BROWN, of Ohio submitted an to lie on the table. mation derived from their official posi- amendment intended to be proposed to SA 1494. Mr. WYDEN submitted an amendment intended to be proposed to amendment tions for personal benefit, and for other amendment SA 1470 proposed by Mr. REID SA 1470 proposed by Mr. REID (for himself, purposes; which was ordered to lie on (for himself, Mr. BROWN of Massachusetts, the table; as follows: Mr. LIEBERMAN, Ms. COLLINS, Mrs. GILLI- Mr. BROWN of Massachusetts, Mr. LIEBER- BRAND, Mr. LEVIN, and Mr. FRANKEN) to the MAN, Ms. COLLINS, Mrs. GILLIBRAND, Mr. At the appropriate place, insert the fol- bill S. 2038, supra. LEVIN, and Mr. FRANKEN) to the bill S. 2038, lowing: SA 1479. Mr. HELLER submitted an supra; which was ordered to lie on the table. SEC. lll. EXTENSION OF PAY FREEZE FOR FED- amendment intended to be proposed by him SA 1495. Mr. UDALL, of Colorado (for Mr. ERAL EMPLOYEES. to the bill S. 2038, supra; which was ordered INOUYE) proposed an amendment to the reso- (a) IN GENERAL.—Section 147 of the Con- to lie on the table. lution S. Res. 286, recognizing May 16, 2012, tinuing Appropriations Act, 2011 (Public Law SA 1480. Mr. HELLER submitted an as Hereditary Angioedema Awareness Day 111–242; 5 U.S.C. 5303 note) is amended— amendment intended to be proposed by him and expressing the sense of the Senate that (1) in subsection (b)(1), by striking ‘‘De- to the bill S. 2038, supra; which was ordered more research and treatments are needed for cember 31, 2012’’ and inserting ‘‘December 31, to lie on the table. Hereditary Angioedema. 2013’’; and

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with S216 CONGRESSIONAL RECORD — SENATE January 31, 2012 (2) in subsection (c), by striking ‘‘Decem- mittee on the Budget and the Committee on ing and shall divest themselves of any cov- ber 31, 2012’’ and inserting ‘‘December 31, Appropriations of the Senate or the Chair- ered transaction that is directly and reason- 2013’’. persons of the Committee on the Budget and ably foreseeably affected by the official ac- (b) CLARIFICATION THAT FREEZE APPLIES TO the Committee on Appropriations of the tions of such covered person, to avoid any LEGISLATIVE BRANCH.— House of Representatives under section 205, conflict of interest, or the appearance there- (1) MEMBERS OF CONGRESS.—Notwith- at any time after the end of that period. of. Any divestiture shall occur within a rea- standing any other provision of law, no ad- SEC. 205. DETERMINATIONS. sonable period of time. justment shall be made under section 601(a) (a) SENATE.— (c) DEFINITIONS.—In this section: of the Legislative Reorganization Act of 1946 (1) REQUEST FOR CERTIFICATIONS.—On Octo- (1) SECURITIES.—The term ‘‘securities’’ has (2 U.S.C. 31) (relating to cost of living adjust- ber 1 of each year, the Secretary of the Sen- the same meaning as in section 3 of the Se- ments for Members of Congress) during the ate shall submit a request to the Chair- curities Exchange Act of 1934 (15 U.S.C. 78c). period beginning on the first day of the first persons of the Committee on the Budget and (2) COVERED PERSON.—The term ‘‘covered pay period beginning on or after February 1, the Committee on Appropriations of the Sen- person’’ means a Member, officer, or em- 2013 and ending on December 31, 2013. ate for certification of determinations made ployee of the Senate, their spouse, and their (2) LEGISLATIVE BRANCH EMPLOYEES.— under subparagraphs (A) and (B) of para- dependents. (A) DEFINITION.—In this paragraph, the graph (2). (3) COVERED TRANSACTION.—The term ‘‘cov- term ‘‘legislative branch employee’’ means— (2) DETERMINATIONS.—The Chairpersons of ered transaction’’ means investment in secu- (i) an employee whose pay is disbursed by the Committee on the Budget and the Com- rities in any company, any comparable eco- the Secretary of the Senate or the Chief Ad- mittee on Appropriations of the Senate nomic interest acquired through synthetic ministrative Officer of the House of Rep- shall— means such as the use of derivatives, or resentatives; and (A) on October 1 of each year, make a de- short selling any publicly traded securities. (ii) an employee of any agency established termination of whether Congress is in com- (4) SHORT SELLING.—The term ‘‘short sell- in the legislative branch. pliance with section 203 and whether Sen- ing’’ means entering into a transaction that (B) FREEZE.—Notwithstanding any other ators may not be paid under that section; has the effect of creating a net short position provision of law, no cost of living adjustment (B) determine the period of days following in a publicly traded company. required by statute with respect to a legisla- each October 1 that Senators may not be (d) EXCEPTION.—Nothing in this section tive branch employee which (but for this paid under section 203; and shall preclude a covered person from invest- subparagraph) would otherwise take effect (C) provide timely certification of the de- ing in broad-based investments, such as di- during the period beginning on the date of terminations under subparagraphs (A) and versified mutual funds and unit investment enactment of this Act and ending on Decem- (B) upon the request of the Secretary of the trusts, sector mutual funds, or employee ber 31, 2013 shall be made. Senate. benefit plans, even if a portion of the funds (b) HOUSE OF REPRESENTATIVES.— are invested in a security, so long as the cov- SA 1480. Mr. HELLER submitted an (1) REQUEST FOR CERTIFICATIONS.—On Octo- ered person has no control over or knowledge amendment intended to be proposed by ber 1 of each year, the Chief Administrative of the management of the investment, other him to the bill S. 2038, to prohibit Officer of the House of Representatives shall than information made available to the pub- Members of Congress and employees of submit a request to the Chairpersons of the lic by the mutual fund. Congress from using nonpublic infor- Committee on the Budget and the Com- (e) TRUSTS.— mation derived from their official posi- mittee on Appropriations of the House of (1) IN GENERAL.—On a case-by-case basis, tions for personal benefit, and for other Representatives for certification of deter- the Select Committee on Ethics may author- purposes; which was ordered to lie on minations made under subparagraphs (A) and ize a covered person to place their securities (B) of paragraph (2). the table; as follows: holdings in a qualified blind trust approved (2) DETERMINATIONS.—The Chairpersons of by the committee under section 102(f) of the At the end, add the following: the Committee on the Budget and the Com- Ethics in Government Act of 1978. TITLE II—NO BUDGET, NO PAY mittee on Appropriations of the House of (2) BLIND TRUST.—A blind trust permitted SECTION 201. SHORT TITLE. Representatives shall— under this subsection shall meet the criteria This title may be cited as the ‘‘No Budget, (A) on October 1 of each year, make a de- in section 102(f)(4)(B) of the Ethics in Gov- No Pay Act’’. termination of whether Congress is in com- ernment Act of 1978, unless an alternative SEC. 202. DEFINITION. pliance with section 203 and whether Member arrangement is approved by the Select Com- In this title, the term ‘‘Member of Con- of the House of Representatives may not be mittee on Ethics. gress’’— paid under that section; (f) APPLICATION.—This section does not (1) has the meaning given under section (B) determine the period of days following apply to an individual employed by the Sec- 2106 of title 5, United States Code; and each October 1 that Member of the House of retary of the Senate, Sergeant at Arms, the (2) does not include the Vice President. Representatives may not be paid under sec- Architect of the Capitol, or the Capital Po- tion 203; and SEC. 203. TIMELY APPROVAL OF CONCURRENT lice. RESOLUTION ON THE BUDGET AND (C) provide timely certification of the determinations under subparagraph (A) and (B) THE APPROPRIATIONS BILLS. SA 1482. Mr. REID (for Mr. LIEBER- If both Houses of Congress have not ap- upon the request of the Chief Administrative Officer of the House of Representatives. MAN) proposed an amendment to proved a concurrent resolution on the budget amendment SA 1470 proposed by Mr. as described under section 301 of the Congres- SEC. 206. EFFECTIVE DATE. REID (for himself, Mr. BROWN of Massa- sional Budget and Impoundment Control Act This title shall take effect on February 1, of 1974 (2 U.S.C. 632) for a fiscal year before 2013. chusetts, Mr. LIEBERMAN, Ms. COLLINS, October 1 of that fiscal year and have not Mrs. GILLIBRAND, Mr. LEVIN, and Mr. passed all the regular appropriations bills for SA 1481. Mr. BROWN of Ohio (for FRANKEN) to the bill S. 2038, to prohibit the next fiscal year before October 1 of that himself and Mr. MERKLEY) proposed an Members of Congress and employees of fiscal year, the pay of each Member of Con- amendment to amendment SA 1470 pro- Congress from using nonpublic infor- gress may not be paid for each day following posed by Mr. REID (for himself, Mr. mation derived from their official posi- that October 1 until the date on which both BROWN of Massachusetts, Mr. LIEBER- tions for personal benefit, and for other Houses of Congress approve a concurrent res- purposes; as follows: olution on the budget for that fiscal year and MAN, Ms. COLLINS, Mrs. GILLIBRAND, all the regular appropriations bills. Mr. LEVIN, and Mr. FRANKEN) to the On page 7, line 22, after ‘‘Reform’’ insert SEC. 204. NO PAY WITHOUT CONCURRENT RESO- bill S. 2038, to prohibit Members of ‘‘and the Committee on the Judiciary’’. LUTION ON THE BUDGET AND THE Congress and employees of Congress APPROPRIATIONS BILLS. from using nonpublic information de- SA 1483. Mr. LEAHY (for himself and (a) IN GENERAL.—Notwithstanding any rived from their official positions for Mr. CORNYN) proposed an amendment other provision of law, no funds may be ap- personal benefit, and for other pur- to amendment SA 1470 proposed by Mr. propriated or otherwise be made available from the United States Treasury for the pay poses; as follows: REID (for himself, Mr. BROWN of Massa- of any Member of Congress during any period At the appropriate place, insert the fol- chusetts, Mr. LIEBERMAN, Ms. COLLINS, determined by the Chairpersons of the Com- lowing: Mrs. GILLIBRAND, Mr. LEVIN, and Mr. mittee on the Budget and the Committee on SEC. ll. PUTTING THE PEOPLE’S INTERESTS FRANKEN) to the bill S. 2038, to prohibit Appropriations of the Senate or the Chair- FIRST ACT OF 2012. Members of Congress and employees of persons of the Committee on the Budget and (a) SHORT TITLE.—This section may be Congress from using nonpublic infor- the Committee on Appropriations of the cited as the ‘‘Putting the People’s Interests mation derived from their official posi- House of Representatives under section 205. First Act of 2012’’. tions for personal benefit, and for other (b) NO RETROACTIVE PAY.—A Member of (b) ELIMINATING FINANCIAL CONFLICTS OF Congress may not receive pay for any period INTEREST FOR MEMBERS OF THE SENATE.—A purposes; as follows: determined by the Chairpersons of the Com- covered person shall be prohibited from hold- At the end, add the following:

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with January 31, 2012 CONGRESSIONAL RECORD — SENATE S217 TITLE II—PUBLIC CORRUPTION ‘‘(B) directly or indirectly, knowingly SEC. 207. EXTENSION OF STATUTE OF LIMITA- PROSECUTION IMPROVEMENTS gives, offers, or promises any thing or things TIONS FOR SERIOUS PUBLIC COR- RUPTION OFFENSES. SEC. 201. SHORT TITLE. of value with an aggregate value of not less This title may be cited as the ‘‘Public Cor- than $1000 to any public official, former pub- (a) IN GENERAL.—Chapter 213 of title 18, ruption Prosecution Improvements Act of lic official, or person selected to be a public United States Code, is amended by adding at 2012’’. official for or because of the official’s or per- the end the following: SEC. 202. VENUE FOR FEDERAL OFFENSES. son’s official position; ‘‘§ 3302. Corruption offenses (a) IN GENERAL.—The second undesignated ‘‘(C) being a public official, former public official, or person selected to be a public offi- ‘‘Unless an indictment is returned or the paragraph of section 3237(a) of title 18, information is filed against a person within United States Code, is amended by adding cial, directly or indirectly, knowingly demands, seeks, receives, accepts, or agrees to 6 years after the commission of the offense, before the period at the end the following: a person may not be prosecuted, tried, or receive or accept any thing or things of ‘‘or in any district in which an act in fur- punished for a violation of, or a conspiracy value with an aggregate value of not less therance of the offense is committed’’. or an attempt to violate the offense in— than $1000 for or because of the official’s or (b) SECTION HEADING.—The heading for sec- ‘‘(1) section 201 or 666; person’s official position; or tion 3237 of title 18, United States Code, is ‘‘(2) section 1341 or 1343, when charged in ‘‘(D) being a public official, former public amended to read as follows: conjunction with section 1346 and where the official, or person selected to be a public offi- ‘‘SEC. 3237. OFFENSE TAKING PLACE IN MORE offense involves a scheme or artifice to de- cial, directly or indirectly demands, seeks, THAN ONE DISTRICT.’’. prive another of the intangible right of hon- receives, accepts, or agrees to receive or ac- (c) TABLE OF SECTIONS.—The table of sec- est services of a public official; cept any thing or things of value for or be- tions at the beginning of chapter 211 of title ‘‘(3) section 1951, if the offense involves ex- cause of any official act performed or to be 18, United States Code, is amended so that tortion under color of official right; performed by such official or person;’’. the item relating to section 3237 reads as fol- ‘‘(4) section 1952, to the extent that the un- lows: SEC. 206. AMENDMENT OF THE SENTENCING lawful activity involves bribery; or ‘‘Sec. 3237. Offense taking place in more GUIDELINES RELATING TO CERTAIN ‘‘(5) section 1962, to the extent that the than one district.’’. CRIMES. racketeering activity involves bribery SEC. 203. THEFT OR BRIBERY CONCERNING PRO- chargeable under State law, involves a viola- (a) DIRECTIVE TO SENTENCING COMMISSION.— GRAMS RECEIVING FEDERAL FINAN- tion of section 201 or 666, section 1341 or 1343, Pursuant to its authority under section CIAL ASSISTANCE. when charged in conjunction with section Section 666(a) of title 18, United States 994(p) of title 28, United States Code, and in 1346 and where the offense involves a scheme Code, is amended— accordance with this section, the United or artifice to deprive another of the intan- (1) by striking ‘‘10 years’’ and inserting ‘‘20 States Sentencing Commission forthwith gible right of honest services of a public offi- years’’; shall review and, if appropriate, amend its cial, or section 1951, if the offense involves (2) by striking ‘‘$5,000’’ the second place guidelines and its policy statements applica- extortion under color of official right.’’. and the third place it appears and inserting ble to persons convicted of an offense under (b) CLERICAL AMENDMENT.—The table of ‘‘$1,000’’; section 201, 641, 1346A, or 666 of title 18, sections at the beginning of chapter 213 of (3) by striking ‘‘anything of value’’ each United States Code, in order to reflect the title 18, United States Code, is amended by place it appears and inserting ‘‘any thing or adding at the end the following new item: things of value’’; and intent of Congress that such penalties meet (4) in paragraph (1)(B), by inserting after the requirements in subsection (b) of this ‘‘3302. Corruption offenses.’’. ‘‘anything’’ the following: ‘‘or things’’. section. (c) APPLICATION OF AMENDMENT.—The SEC. 204. PENALTY FOR SECTION 641 VIOLA- (b) REQUIREMENTS.—In carrying out this amendments made by this section shall not TIONS. subsection, the Commission shall— apply to any offense committed before the Section 641 of title 18, United States Code, (1) ensure that the sentencing guidelines date of enactment of this Act. is amended by striking ‘‘ten years’’ and in- and policy statements reflect Congress’s in- SEC. 208. INCREASE OF MAXIMUM PENALTIES serting ‘‘15 years’’. tent that the guidelines and policy state- FOR CERTAIN PUBLIC CORRUPTION SEC. 205. BRIBERY AND GRAFT; CLARIFICATION ments reflect the serious nature of the of- RELATED OFFENSES. OF DEFINITION OF ‘‘OFFICIAL ACT’’; fenses described in paragraph (1), the inci- (a) SOLICITATION OF POLITICAL CONTRIBU- CLARIFICATION OF THE CRIME OF dence of such offenses, and the need for an ILLEGAL GRATUITIES. TIONS.—Section 602(a)(4) of title 18, United effective deterrent and appropriate punish- (a) DEFINITION.—Section 201(a) of title 18, States Code, is amended by striking ‘‘3 United States Code, is amended— ment to prevent such offenses; years’’ and inserting ‘‘5 years’’. (1) in paragraph (2), by striking ‘‘and’’ at (2) consider the extent to which the guide- (b) PROMISE OF EMPLOYMENT FOR POLITICAL the end; lines may or may not appropriately account ACTIVITY.—Section 600 of title 18, United (2) by amending paragraph (3) to read as for— States Code, is amended by striking ‘‘one follows: (A) the potential and actual harm to the year’’ and inserting ‘‘3 years’’. ‘‘(3) the term ‘official act’— public and the amount of any loss resulting (c) DEPRIVATION OF EMPLOYMENT FOR PO- ‘‘(A) means any act within the range of of- from the offense; LITICAL ACTIVITY.—Section 601(a) of title 18, ficial duty, and any decision or action on (B) the level of sophistication and planning United States Code, is amended by striking any question, matter, cause, suit, pro- involved in the offense; ‘‘one year’’ and inserting ‘‘3 years’’. (C) whether the offense was committed for ceeding, or controversy, which may at any (d) INTIMIDATION TO SECURE POLITICAL CON- purposes of commercial advantage or private time be pending, or which may by law be TRIBUTIONS.—Section 606 of title 18, United brought before any public official, in such financial benefit; States Code, is amended by striking ‘‘three public official’s official capacity or in such (D) whether the defendant acted with in- years’’ and inserting ‘‘5 years’’. tent to cause either physical or property official’s place of trust or profit; and (e) SOLICITATION AND ACCEPTANCE OF CON- harm in committing the offense; ‘‘(B) may be a single act, more than 1 act, TRIBUTIONS IN FEDERAL OFFICES.—Section (E) the extent to which the offense rep- or a course of conduct; and’’; and 607(a)(2) of title 18, United States Code, is resented an abuse of trust by the offender (3) by adding at the end the following: amended by striking ‘‘3 years’’ and inserting and was committed in a manner that under- ‘‘(4) the term ‘rule or regulation’ means a ‘‘5 years’’. Federal regulation or a rule of the House of mined public confidence in the Federal, (f) COERCION OF POLITICAL ACTIVITY BY FED- Representatives or the Senate, including State, or local government; and (F) whether the violation was intended to ERAL EMPLOYEES.—Section 610 of title 18, those rules and regulations governing the ac- United States Code, is amended by striking or had the effect of creating a threat to pub- ceptance of gifts and campaign contribu- ‘‘three years’’ and inserting ‘‘5 years’’. tions.’’. lic health or safety, injury to any person or (b) CLARIFICATION.—Section 201(c)(1) of even death; SEC. 209. ADDITIONAL WIRETAP PREDICATES. title 18, United States Code, is amended to (3) assure reasonable consistency with Section 2516(1)(c) of title 18, United States read as follows: other relevant directives and with other sen- Code, is amended— ‘‘(1) otherwise than as provided by law for tencing guidelines; (1) by inserting ‘‘section 641 (relating to the proper discharge of official duty, or by (4) account for any additional aggravating embezzlement or theft of public money, rule or regulation— or mitigating circumstances that might jus- property, or records), section 666 (relating to ‘‘(A) directly or indirectly gives, offers, or tify exceptions to the generally applicable theft or bribery concerning programs receiv- promises any thing or things of value to any sentencing ranges; ing Federal funds),’’ after ‘‘section 224 (brib- public official, former public official, or per- (5) make any necessary conforming ery in sporting contests),’’; and son selected to be a public official for or be- changes to the sentencing guidelines; and (2) by inserting ‘‘section 1031 (relating to cause of any official act performed or to be (6) assure that the guidelines adequately major fraud against the United States)’’ performed by such public official, former meet the purposes of sentencing as set forth after ‘‘section 1014 (relating to loans and public official, or person selected to be a in section 3553(a)(2) of title 18, United States credit applications generally; renewals and public official; Code. discounts),’’.

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with S218 CONGRESSIONAL RECORD — SENATE January 31, 2012 SEC. 210. EXPANDING VENUE FOR PERJURY AND cerning, prospective employment or finan- Strike all after the enacting clause and in- OBSTRUCTION OF JUSTICE PRO- cial compensation; or sert the following: CEEDINGS. ‘‘(vi) an individual, business, or organiza- SECTION 1. MEMBER CERTIFICATION. (a) IN GENERAL.—Section 1512(i) of title 18, tion from whom the public official has re- Section 102(a) of the Ethics in Government United States Code, is amended to read as ceived any thing or things of value, other- Act of 1978 is amended by inserting at the follows: wise than as provided by law for the proper end the following: ‘‘(i) A prosecution under section 1503, 1504, discharge of official duty, or by rule or regu- ‘‘(9)(A) A statement (as provided in sub- 1505, 1508, 1509, 1510, or this section may be lation; and paragraph (B)) certifying that financial brought in the district in which the conduct ‘‘(B) the public official knowingly falsifies, transactions included in the report filed pur- constituting the alleged offense occurred or conceals, or covers up material information suant to section 101 (d) and (e) were not in which the official proceeding (whether or that is required to be disclosed by any Fed- made on the basis of non-public information. not pending or about to be instituted) was eral, State, or local statute, rule, regulation, ‘‘(B) The certification required by this intended to be affected.’’. or charter applicable to the public official, paragraph is as follows: ‘I hereby certify that (b) PERJURY.— or the knowing failure of the public official the financial transactions reflected in this (1) IN GENERAL.—Chapter 79 of title 18, to disclose material information in a manner disclosure form were not made on the basis United States Code, is amended by adding at that is required by any Federal, State, or of material, non-public information.’ ’’. the end the following: local statute, rule, regulation, or charter ap- SEC. 2. USE OF NONPUBLIC INFORMATION AND ‘‘§ 1624. Venue plicable to the public official. INSIDER TRADING BY CONGRESS ‘‘A prosecution under section 1621(1), 1622 ‘‘(5) MATERIAL INFORMATION.—The term AND FEDERAL EMPLOYEES. (in regard to subornation of perjury under ‘material information’ means information— A Member, officer, or employee of Con- 1621(1)), or 1623 of this title may be brought ‘‘(A) regarding a financial interest of a per- gress, a Federal employee (as defined in sec- in the district in which the oath, declara- son described in clauses (i) through (iv) para- tion 2105), including the President, the Vice tion, certificate, verification, or statement graph (4)(A); and President, and an employee of the United States Postal Service or the Postal Regu- under penalty of perjury is made or in which ‘‘(B) regarding the association, connection, latory Commission, and a judicial officer are a proceeding takes place in connection with or dealings by a public official with an indi- not exempt from and is fully subject to the the oath, declaration, certificate, vidual, business, or organization as described prohibitions arising under section 10(b) of verification, or statement.’’. in clauses (iii) through (vi) of paragraph the Securities Exchange Act of 1934 and Rule (2) CLERICAL AMENDMENT.—The table of (4)(A).’’. 10b–5 thereunder, including the insider trad- sections at the beginning of chapter 79 of (b) CONFORMING AMENDMENT.—The table of ing prohibitions. title 18, United States Code, is amended by sections for chapter 63 of title 18, United adding at the end the following: States Code, is amended by inserting after SA 1485. Mr. PAUL submitted an ‘‘1624. Venue.’’. the item relating to section 1346 the fol- amendment intended to be proposed to SEC. 211. PROHIBITION ON UNDISCLOSED SELF- lowing new item: amendment SA 1470 proposed by Mr. DEALING BY PUBLIC OFFICIALS. ‘‘1346A. Undisclosed self-dealing by public of- REID (for himself, Mr. BROWN of Massa- (a) IN GENERAL.—Chapter 63 of title 18, ficials.’’. United States Code, is amended by inserting chusetts, Mr. LIEBERMAN, Ms. COLLINS, (c) APPLICABILITY.—The amendments made after section 1346 the following new section: Mrs. GILLIBRAND, Mr. LEVIN, and Mr. by this section apply to acts engaged in on ‘‘§ 1346A. Undisclosed self-dealing by public FRANKEN) to the bill S. 2038, to prohibit or after the date of the enactment of this Members of Congress and employees of officials Act. Congress from using nonpublic infor- ‘‘(a) UNDISCLOSED SELF-DEALING BY PUBLIC SEC. 212. DISCLOSURE OF INFORMATION IN COM- OFFICIALS.—For purposes of this chapter, the PLAINTS AGAINST JUDGES. mation derived from their official posi- term ‘scheme or artifice to defraud’ also in- Section 360(a) of title 28, United States tions for personal benefit, and for other cludes a scheme or artifice by a public offi- Code, is amended— purposes; as follows: cial to engage in undisclosed self-dealing. (1) in paragraph (2) by striking ‘‘or’’; Strike section 6 and insert the following: ‘‘(b) DEFINITIONS.—As used in this section: (2) in paragraph (3), by striking the period SEC. 6. PROMPT REPORTING OF FINANCIAL ‘‘(1) OFFICIAL ACT.—The term official act— at the end, and inserting ‘‘; or’’; and TRANSACTIONS. ‘‘(A) means any act within the range of of- (3) by inserting after paragraph (3) the fol- (a) REPORTING REQUIREMENT.—Section 101 ficial duty, and any decision or action on lowing: of the Ethics in Government Act of 1978 is any question, matter, cause, suit, pro- ‘‘(4) such disclosure of information regard- amended by adding at the end the following ceeding, or controversy, which may at any ing a potential criminal offense is made to subsection: time be pending, or which may by law be the Attorney General, a Federal, State, or ‘‘(j) Not later than 30 days after any trans- brought before any public official, in such local grand jury, or a Federal, State, or local action required to be reported under section public official’s official capacity or in such law enforcement agency.’’. 102(a)(5)(B), a Member of Congress or officer official’s place of trust or profit; and or employee of Congress, a Federal employee SEC. 213. CLARIFICATION OF EXEMPTION IN CER- (as defined in section 2105), including the ‘‘(B) may be a single act, more than one TAIN BRIBERY OFFENSES. act, or a course of conduct. President, the Vice President, and an em- Section 666(c) of title 18, United States ‘‘(2) PUBLIC OFFICIAL.—The term ‘public of- ployee of the United States Postal Service or Code, is amended— ficial’ means an officer, employee, or elected the Postal Regulatory Commission, and a ju- (1) by striking ‘‘This section does not apply or appointed representative, or person acting dicial officer shall file a report of the trans- to’’; and for or on behalf of the United States, a action.’’. (2) by inserting ‘‘The term ‘anything of State, or a subdivision of a State, or any de- (b) EFFECTIVE DATE.—The amendment value’ that is corruptly solicited, demanded, partment, agency or branch of government made by subsection (a) shall apply to trans- accepted or agreed to be accepted in sub- thereof, in any official function, under or by actions occurring on or after the date that is section (a)(1)(B) or corruptly given, offered, authority of any such department, agency, 90 days after the date of enactment of this or agreed to be given in subsection (a)(2) or branch of government. Act. shall not include,’’ before ‘‘bona fide salary’’. ‘‘(3) STATE.—The term ‘State’ includes a SA 1486. Mr. CORKER submitted an State of the United States, the District of SEC. 214. CERTIFICATIONS REGARDING APPEALS BY UNITED STATES. amendment intended to be proposed by Columbia, and any commonwealth, territory, or possession of the United States. Section 3731 of title 18, United States Code, him to the bill S. 2038, to prohibit is amended by inserting after ‘‘United States ‘‘(4) UNDISCLOSED SELF-DEALING.—The term Members of Congress and employees of ‘undisclosed self-dealing’ means that— attorney’’ the following: ‘‘, Deputy Attorney Congress from using nonpublic infor- ‘‘(A) a public official performs an official General, Assistant Attorney General, or the mation derived from their official posi- act for the purpose, in whole or in material Attorney General’’. tions for personal benefit, and for other part, of furthering or benefitting a financial purposes; which was ordered to lie on SA 1484. Mr. PAUL submitted an interest, of which the public official has the table; as follows: amendment intended to be proposed to knowledge, of— At the end, insert the following: ‘‘(i) the public official; amendment SA 1470 proposed by Mr. SEC. lll. PROHIBITION AGAINST A FEDERAL ‘‘(ii) the spouse or minor child of a public REID (for himself, Mr. BROWN of Massa- PROGRAM OF MORTGAGE PRIN- official; chusetts, Mr. LIEBERMAN, Ms. COLLINS, CIPAL REDUCTION. ‘‘(iii) a general business partner of the pub- Mrs. GILLIBRAND, Mr. LEVIN, and Mr. Part 3 of subtitle A of the Federal Housing lic official; FRANKEN) to the bill S. 2038, to prohibit Enterprise Financial Safety and Soundness ‘‘(iv) a business or organization in which Members of Congress and employees of Act of 1992 (12 U.S.C. 4601 et seq.) is amended the public official is serving as an employee, Congress from using nonpublic infor- by adding at the end the following: officer, director, trustee, or general partner; ‘‘SEC. 1357. NO FEDERAL BAILOUTS OF RECKLESS ‘‘(v) an individual, business, or organiza- mation derived from their official posi- BORROWERS. tion with whom the public official is negoti- tions for personal benefit, and for other ‘‘It shall be unlawful for the Federal Gov- ating for, or has any arrangement con- purposes; as follows: ernment to reduce the principal of mortgage

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loans that are held in mortgage-backed secu- ‘‘(b) LIMITATION.—An individual may not wise identified as salary, such as consulting rities of the Federal National Mortgage As- hold a position as an officer or employee of fees, honoraria, and paid authorship. sociation or the Federal Home Loan Mort- an Executive agency in which the individual (b) FORFEITURE OF CREDIT FOR SERVICE.— gage Corporation. would have oversight, rule-making, loan, or Any service as a Member of Congress shall ‘‘SEC. 1358. STATES BEAR THEIR OWN COSTS. grant-making authority— not be creditable service if the Member of ‘‘On or before the date that is 6 months ‘‘(1) over any entity in which the indi- Congress, after serving as a Member of Con- after the date of enactment of this section, vidual or the spouse or other immediate fam- gress— the Director shall develop a program that— ily member of the individual has a signifi- (1) becomes a registered lobbyist; ‘‘(1) conforms to all existing pooling and cant financial interest; or (2) accepts any remuneration from a com- servicing agreements of the enterprises on ‘‘(2) the exercise of which could affect the pany or other private entity that employs all outstanding mortgage-backed securities intellectual property rights of the individual registered lobbyists; or held by the enterprises; or the spouse or other immediate family (3) accepts any remuneration from a com- ‘‘(2) allows for individual States to pur- member of the individual.’’. pany or other private entity that does busi- chase whole loans out of mortgage-backed ness with the Federal Government. securities held by the enterprises for the pur- SA 1488. Mr. DEMINT (for himself, poses of reducing principal or performing and Mr. VITTER) proposed an amend- SA 1491. Mr. SHELBY submitted an other loan modifications, as determined ap- ment to amendment SA 1470 proposed amendment intended to be proposed by propriate by each individual State; by Mr. REID (for himself, Mr. BROWN of him to the bill S. 2038, to prohibit ‘‘(3) ensures that the Federal Government Massachusetts, Mr. LIEBERMAN, Ms. Members of Congress and employees of is paid at least par, or 100 cents on the dol- COLLINS, Mrs. GILLIBRAND, Mr. LEVIN, Congress from using nonpublic infor- lar, for all whole loans sold out of mortgage- mation derived from their official posi- backed securities held by the enterprises to and Mr. FRANKEN) to the bill S. 2038, to individual States for the purpose of per- prohibit Members of Congress and em- tions for personal benefit, and for other forming loan modifications; and ployees of Congress from using non- purposes; which was ordered to lie on ‘‘(4) ensures that the Federal Government public information derived from their the table; as follows: is reimbursed by individual States for the official positions for personal benefit, On page 7, line 7, strike ‘‘a’’ and insert entire cost of such program, including ad- and for other purposes; as follows: ‘‘each officer or employee as referred to in ministrative costs, so that no cost is borne At the appropriate place, insert the fol- subsection (f), including each’’. whatsoever by the Federal Government.’’. lowing: On page 7, line 8 insert a comma after ‘‘employee of Congress’’. SA 1487. Mr. PAUL proposed an SEC. lll. SENSE OF THE SENATE. At the end, insert the following: amendment to amendment SA 1470 pro- It is the sense of the Senate that the Sen- ate should pass a joint resolution proposing ‘‘SEC. 11. PROMPT REPORTING AND PUBLIC FIL- posed by Mr. REID (for himself, Mr. ING OF FINANCIAL TRANSACTIONS an amendment to the Constitution that lim- FOR EXECUTIVE BRANCH. BROWN of Massachusetts, Mr. LIEBER- its the number of terms a Member of Con- MAN, Ms. COLLINS, Mrs. GILLIBRAND, ‘‘Each agency or department of the Execu- gress may serve. tive branch and each independent agency Mr. LEVIN, and Mr. FRANKEN) to the Mrs. BOXER (for herself, shall comply with the provisions of section 8 bill S. 2038, to prohibit Members of SA 1489. with respect to any of such agency, depart- Congress and employees of Congress and Mr. ISAKSON) submitted an amendment or independent agency’s officers and from using nonpublic information de- ment intended to be proposed by her to employees that are subject to the disclosure rived from their official positions for the bill S. 2038, to prohibit Members of provisions under the Ethics in Government personal benefit, and for other pur- Congress and employees of Congress Act of 1978.’’. poses; as follows: from using nonpublic information de- At the appropriate place, insert the fol- rived from their official positions for SA 1492. Mr. TESTER (for himself lowing: personal benefit, and for other pur- and Mr. TOOMEY) submitted an amend- SEC. lll. LIMITATION ON EXECUTIVE BRANCH poses; which was ordered to lie on the ment intended to be proposed by him OFFICERS AND EMPLOYEES IN- table; as follows: to the bill S. 2038, to prohibit Members VOLVEMENT IN MATTERS INVOLV- of Congress and employees of Congress ING FINANCIAL INTEREST. At the end, add the following: The Ethics in Government Act of 1978 (5 SECTION 9. REQUIRING MORTGAGE DISCLOSURE. from using nonpublic information de- U.S.C. App) is amended by adding at the end Section 102(a)(4)(A) of the Ethics in Gov- rived from their official positions for the following: ernment Act of 1978 (5 U.S.C. App) is amend- personal benefit, and for other pur- ‘‘TITLE VI—GOVERNMENT-WIDE LIMITA- ed by inserting after ‘‘spouse’’ the following: poses; which was ordered to lie on the TION ON INVOLVEMENT IN MATTERS IN- ‘‘, except that this exception shall not apply table; as follows: VOLVING FINANCIAL INTEREST to a reporting individual described in section At the end, insert the following: 101(f)(9)’’. ‘‘SEC. 601. LIMITATION ON INVOLVEMENT. SEC. lll. SMALL COMPANY CAPITAL FORMA- ‘‘(a) DEFINITIONS.—In this section— TION ACT OF 2012. SA 1490. Mr. PAUL submitted an ‘‘(1) the term ‘Executive agency’ has the (a) SHORT TITLE.—This section may be meaning given that term in section 105 of amendment intended to be proposed to cited as the ‘‘Small Company Capital Forma- title 5, United States Code; amendment SA 1470 proposed by Mr. tion Act of 2012’’. ‘‘(2) the term ‘equity interest’ includes REID (for himself, Mr. BROWN of Massa- (b) AUTHORITY TO EXEMPT CERTAIN SECURI- stock, a stock option, and any other owner- chusetts, Mr. LIEBERMAN, Ms. COLLINS, TIES.— ship interest; Mrs. GILLIBRAND, Mr. LEVIN, and Mr. (1) IN GENERAL.—Section 3(b) of the Securi- ‘‘(3) the term ‘immediate family member’ FRANKEN) to the bill S. 2038, to prohibit ties Act of 1933 (15 U.S.C. 77c(b)) is amend- has the meaning given that term in section Members of Congress and employees of ed— 115 of title 18, United States Code; (A) by striking ‘‘(b) The Commission’’ and ‘‘(4) the term ‘remuneration’ includes sal- Congress from using nonpublic infor- inserting the following: ary and any payment for services not other- mation derived from their official posi- ‘‘(2) ADDITIONAL EXEMPTIONS.— wise identified as salary, such as consulting tions for personal benefit, and for other ‘‘(A) SMALL ISSUES EXEMPTIVE AUTHORITY.— fees, honoraria, and paid authorship; and purposes; as follows: The Commission’’; and ‘‘(5) the term ‘significant financial inter- At the appropriate place, insert the fol- (B) by adding at the end the following: est’, relating to an individual, means— lowing: ‘‘(B) ADDITIONAL ISSUES.—The Commission ‘‘(A) with regard to any publicly traded en- SEC. ll. FORFEITURE OF CREDIT FOR SERVICE shall by rule or regulation add a class of se- tity, that the sum of the fair market value of AS A MEMBER IF FORMER MEMBERS curities to the securities exempted pursuant any remuneration received by the individual OF CONGRESS BECOME LOBBYISTS. to this section in accordance with the fol- from the entity during the most recent 2- (a) DEFINITIONS.—In this section— lowing terms and conditions: year period and the fair market value of any (1) the term ‘‘creditable service’’ means ‘‘(i) The aggregate offering amount of all equity interest of the individual in the enti- service that is creditable under chapter 83 or securities offered and sold within the prior ty is more than $5,000; and 84 of title 5, United States Code; 12-month period in reliance on the exemp- ‘‘(B) with regard to any entity that is not (2) the term ‘‘lobbyist’’ has the meaning tion added in accordance with this paragraph publically traded— given that term in section 3 of the Lobbying shall not exceed $50,000,000. ‘‘(i) that the fair market value of any re- Disclosure Act of 1995 (2 U.S.C. 1602); ‘‘(ii) The securities may be offered and sold muneration received by the individual from (3) the term ‘‘Member of Congress’’ has the publicly. the entity during the most recent 2-year pe- meaning given that term in section 2106 of ‘‘(iii) The securities shall not be restricted riod is more than $5,000; or title 5, United States Code; and securities within the meaning of the Federal ‘‘(ii) that the individual has an equity in- (4) the term ‘‘remuneration’’ includes sal- securities laws and the regulations promul- terest in the entity. ary and any payment for services not other- gated thereunder.

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with S220 CONGRESSIONAL RECORD — SENATE January 31, 2012 ‘‘(iv) The civil liability provision in section ant to paragraph (3) with respect to that pur- person or entity that has 1 or more employ- 12(a)(2) shall apply to any person offering or chase or sale.’’. ees who are political intelligence consult- selling such securities. (3) CONFORMING AMENDMENT.—Section 4(5) ants to a client other than that person or en- ‘‘(v) The issuer may solicit interest in the of the Securities Act of 1933 is amended by tity. offering prior to filing any offering state- striking ‘‘section 3(b)’’ and inserting ‘‘sec- ‘‘(20) POLITICAL INTELLIGENCE CONSULT- ment, on such terms and conditions as the tion 3(b)(1)’’. ANT.—The term ‘political intelligence con- Commission may prescribe in the public in- (c) STUDY ON THE IMPACT OF STATE BLUE sultant’ means any individual who is em- terest or for the protection of investors. SKY LAWS ON REGULATION A OFFERINGS.—Not ployed or retained by a client for financial or ‘‘(vi) The Commission shall require the later than 3 months after the date of enact- other compensation for services that include issuer to file audited financial statements ment of this Act, the Comptroller General one or more political intelligence contacts.’’. with the Commission annually. shall— (b) REGISTRATION REQUIREMENT.—Section 4 ‘‘(vii) Such other terms, conditions, or re- (1) conduct a study on the impact of State quirements as the Commission may deter- laws regulating securities offerings (com- of the Lobbying Disclosure Act of 1995 (2 mine necessary in the public interest and for monly referred to as ‘‘Blue Sky laws’’) on of- U.S.C. 1603) is amended— the protection of investors, which may in- ferings made under Regulation A (17 C.F.R. (1) in subsection (a)— clude— 230.251 et seq.); and (A) in paragraph (1)— ‘‘(I) a requirement that the issuer prepare (A) transmit a report on the findings of the (i) by inserting after ‘‘whichever is ear- and electronically file with the Commission study to the Committee on Financial Serv- lier,’’ the following: ‘‘or a political intel- and distribute to prospective investors an of- ices of the House of Representatives and the ligence consultant first makes a political in- fering statement, and any related docu- Committee on Banking, Housing, and Urban telligence contact,’’; and ments, in such form and with such content Affairs of the Senate. (ii) by inserting after ‘‘such lobbyist’’ each as prescribed by the Commission, including place that term appears the following: ‘‘or audited financial statements and a descrip- SA 1493. Mr. GRASSLEY submitted consultant’’; tion of the issuer’s business operations, its an amendment intended to be proposed (B) in paragraph (2), by inserting after financial condition, its corporate governance by him to the bill S. 2038, to prohibit ‘‘lobbyists’’ each place that term appears the principles, its use of investor funds, and Members of Congress and employees of following: ‘‘or political intelligence consult- other appropriate matters; and Congress from using nonpublic infor- ants’’; and ‘‘(II) disqualification provisions under mation derived from their official posi- (C) in paragraph (3)(A)— (i) by inserting after ‘‘lobbying activities’’ which the exemption shall not be available tions for personal benefit, and for other to the issuer or its predecessors, affiliates, each place that term appears the following: officers, directors, underwriters, or other re- purposes; which was ordered to lie on ‘‘and political intelligence activities’’; and lated persons, which shall be substantially the table; as follows: (ii) in clause (i), by inserting after ‘‘lob- similar to the disqualification provisions At the end of the bill, insert the following: bying firm’’ the following: ‘‘or political in- contained in the regulations adopted in ac- SEC. ll. DISCLOSURE OF POLITICAL INTEL- telligence firm’’; cordance with section 926 of the Dodd-Frank LIGENCE ACTIVITIES UNDER LOB- (2) in subsection (b)— Wall Street Reform and Consumer Protec- BYING DISCLOSURE ACT. (A) in paragraph (3), by inserting after tion Act (15 U.S.C. 77d note). (a) DEFINITIONS.—Section 3 of the Lobbying ‘‘lobbying activities’’ each place that term ‘‘(C) LIMITATION.—Only the following types Disclosure Act of 1995 (2 U.S.C. 1602) is appears the following: ‘‘or political intel- of securities may be exempted under a rule amended— ligence activities’’; or regulation adopted pursuant to paragraph (1) in paragraph (2)— (B) in paragraph (4)— (2): equity securities, debt securities, and (A) by inserting after ‘‘lobbying activities’’ (i) in the matter preceding subparagraph debt securities convertible or exchangeable each place that term appears the following: (A), by inserting after ‘‘lobbying activities’’ to equity interests, including any guarantees ‘‘or political intelligence activities’’; and the following: ‘‘or political intelligence ac- of such securities. (B) by inserting after ‘‘lobbyists’’ the fol- tivities’’; and ‘‘(D) PERIODIC DISCLOSURES.—Upon such lowing: ‘‘or political intelligence consult- (ii) in subparagraph (C), by inserting after terms and conditions as the Commission de- ants’’; and ‘‘lobbying activity’’ the following: ‘‘or polit- termines necessary in the public interest and (2) by adding at the end the following new ical intelligence activity’’; for the protection of investors, the Commis- paragraphs: (C) in paragraph (5), by inserting after sion by rule or regulation may require an ‘‘(17) POLITICAL INTELLIGENCE ACTIVITIES.— ‘‘lobbying activities’’ each place that term issuer of a class of securities exempted under The term ‘political intelligence activities’ appears the following: ‘‘or political intel- paragraph (2) to make available to investors means political intelligence contacts and ef- ligence activities’’; and file with the Commission periodic disclo- forts in support of such contacts, including (D) in paragraph (6), by inserting after sures regarding the issuer, its business oper- preparation and planning activities, re- ‘‘lobbyist’’ each place that term appears the ations, its financial condition, its corporate search, and other background work that is following: ‘‘or political intelligence consult- governance principles, its use of investor intended, at the time it is performed, for use ant’’; and funds, and other appropriate matters, and in contacts, and coordination with such con- (E) in the matter following paragraph (6), also may provide for the suspension and ter- tacts and efforts of others. by inserting ‘‘or political intelligence activi- mination of such a requirement with respect ‘‘(18) POLITICAL INTELLIGENCE CONTACT.— ties’’ after ‘‘such lobbying activities’’; to that issuer. ‘‘(A) DEFINITION.—The term ‘political intel- (3) in subsection (c)— ‘‘(E) ADJUSTMENT.—Not later than 2 years ligence contact’ means any oral or written (A) in paragraph (1), by inserting after after the date of enactment of the Small communication (including an electronic ‘‘lobbying contacts’’ the following: ‘‘or polit- Company Capital Formation Act of 2011 and communication) to or from a covered execu- ical intelligence contacts’’; and every 2 years thereafter, the Commission tive branch official or a covered legislative (B) in paragraph (2)— shall review the offering amount limitation branch official, the information derived from (i) by inserting after ‘‘lobbying contact’’ described in paragraph (2)(A) and shall in- which is intended for use in analyzing securi- the following: ‘‘or political intelligence con- crease such amount as the Commission de- ties or commodities markets, or in inform- tact’’; and termines appropriate. If the Commission de- ing investment decisions, and which is made (ii) by inserting after ‘‘lobbying contacts’’ termines not to increase such amount, it on behalf of a client with regard to— the following: ‘‘and political intelligence shall report to the Committee on Financial ‘‘(i) the formulation, modification, or contacts’’; and Services of the House of Representatives and adoption of Federal legislation (including (4) in subsection (d), by inserting after the Committee on Banking, Housing, and legislative proposals); ‘‘lobbying activities’’ each place that term Urban Affairs of the Senate on its reasons ‘‘(ii) the formulation, modification, or appears the following: ‘‘or political intel- for not increasing the amount.’’. adoption of a Federal rule, regulation, Exec- ligence activities’’. (2) TREATMENT AS COVERED SECURITIES FOR utive order, or any other program, policy, or PURPOSES OF NSMIA.—Section 18(b)(4) of the position of the United States Government; or (c) REPORTS BY REGISTERED POLITICAL IN- Securities Act of 1933 (15 U.S.C. 77r(b)(4)) is ‘‘(iii) the administration or execution of a TELLIGENCE CONSULTANTS.—Section 5 of the amended— Federal program or policy (including the ne- Lobbying Disclosure Act of 1995 (2 U.S.C. (A) in subparagraph (C), by striking ‘‘; or’’ gotiation, award, or administration of a Fed- 1604) is amended— at the end and inserting a semicolon; and eral contract, grant, loan, permit, or li- (1) in subsection (a), by inserting after (B) by redesignating subparagraph (D) as cense). ‘‘lobbying activities’’ the following: ‘‘and po- subparagraph (E), and inserting after sub- ‘‘(B) EXCEPTION.—The term ‘political intel- litical intelligence activities’’; paragraph (C) the following: ligence contact’ does not include a commu- (2) in subsection (b)— ‘‘(d) a rule or regulation adopted pursuant nication that is made by or to a representa- (A) in paragraph (2)— to section 3(b)(2) and such security is— tive of the media if the purpose of the com- (i) in the matter preceding subparagraph ‘‘(I) offered or sold on a national securities munication is gathering and disseminating (A), by inserting after ‘‘lobbying activities’’ exchange; or news and information to the public. the following: ‘‘or political intelligence ac- ‘‘(II) offered or sold to a qualified pur- ‘‘(19) POLITICAL INTELLIGENCE FIRM.—The tivities’’; chaser as defined by the Commission pursu- term ‘political intelligence firm’ means a (ii) in subparagraph (A)—

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with January 31, 2012 CONGRESSIONAL RECORD — SENATE S221 (I) by inserting after ‘‘lobbyist’’ the fol- (3) in subsection (c), by inserting ‘‘or polit- the text of S. 409, the Southeast Ari- lowing: ‘‘or political intelligence consult- ical intelligence consultant’’ after ‘‘a lob- zona Land Exchange and Conservation ant’’; and byist’’. Act of 2009, as reported by the Com- (II) by inserting after ‘‘lobbying activities’’ mittee during the 111th Congress. the following: ‘‘or political intelligence ac- SA 1494. Mr. WYDEN submitted an Because of the limited time available tivities’’; amendment intended to be proposed to for the hearing, witnesses may testify (iii) in subparagraph (B), by inserting after amendment SA 1470 proposed by Mr. ‘‘lobbyists’’ the following: ‘‘and political in- by invitation only. However, those REID (for himself, Mr. BROWN of Massa- telligence consultants’’; and wishing to submit written testimony chusetts, Mr. LIEBERMAN, Ms. COLLINS, (iv) in subparagraph (C), by inserting after for the hearing record should send it to Mrs. GILLIBRAND, Mr. LEVIN, and Mr. ‘‘lobbyists’’ the following: ‘‘or political intel- the Committee on Energy and Natural FRANKEN) to the bill S. 2038, to prohibit ligence consultants’’; Resources, United States Senate, 304 Members of Congress and employees of (B) in paragraph (3)— Dirksen Senate Office Building, Wash- (i) by inserting after ‘‘lobbying firm’’ the Congress from using nonpublic infor- ington, DC 20510–6150, or by email to following: ‘‘or political intelligence firm’’; mation derived from their official posi- [email protected]. and tions for personal benefit, and for other For further information, please con- (ii) by inserting after ‘‘lobbying activities’’ purposes; which was ordered to lie on each place that term appears the following: tact David Brooks (202) 224–9863 or Jake the table; as follows: ‘‘or political intelligence activities’’; and McCook (202) 224–9313. (C) in paragraph (4), by inserting after On page 7, strike lines 6 through 9 and in- ‘‘lobbying activities’’ each place that term sert the following: f appears the following: ‘‘or political intel- ‘‘(j) Not later than 30 days after any trans- ligence activities’’; and action required to be reported under section AUTHORITY FOR COMMITTEES TO (3) in subsection (d)(1), in the matter pre- 102(a)(5)(B), a Member of Congress or officer MEET ceding subparagraph (A), by inserting ‘‘or a or employee of Congress, executive branch political intelligence consultant’’ after ‘‘a employee, and any non-military individual COMMITTEE ON BANKING, HOUSING, AND URBAN lobbyist’’. appointed by the President shall file a report AFFAIRS (d) DISCLOSURE AND ENFORCEMENT.—Sec- of the transaction.’’. Mr. REID. Mr. President, I ask unan- tion 6(a) of the Lobbying Disclosure Act of At the end of the amendment, insert the imous consent that the Committee on 1995 (2 U.S.C. 1605) is amended— following: Banking, Housing, and Urban Affairs (1) in paragraph (3)(A), by inserting after SEC. 10. EXECUTIVE BRANCH REPORTING. be authorized to meet during the ses- ‘‘lobbying firms’’ the following: ‘‘, political Not later than 2 years after the date of en- sion of the Senate on January 31, 2012, intelligence consultants, political intel- actment of this Act, the Office of Personnel ligence firms,’’; Management shall establish a central report- at 10 a.m., to conduct a committee (2) in paragraph (7), by striking ‘‘or lob- ing database that complies with the require- hearing entitled ‘‘Holding the CFPB bying firm’’ and inserting ‘‘lobbying firm, ments of section 8 for all agencies and de- Accountable: Review of First Semi-An- political intelligence consultant, or political partments of the Executive branch and each nual Report.’’ intelligence firm’’; and independent agency. The PRESIDING OFFICER. Without (3) in paragraph (8), by striking ‘‘or lob- objection, it is so ordered. bying firm’’ and inserting ‘‘lobbying firm, Mr. UDALL of Colorado (for SA 1495. COMMITTEE ON ENERGY AND NATURAL political intelligence consultant, or political Mr. INOUYE) proposed an amendment to RESOURCES intelligence firm’’. the resolution S. Res. 286, recognizing (e) RULES OF CONSTRUCTION.—Section 8(b) Mr. REID. Mr. President, I ask unan- May 16, 2012, as Hereditary Angioedema imous consent that the Committee on of the Lobbying Disclosure Act of 1995 (2 Awareness Day and expressing the U.S.C. 1607(b)) is amended by striking ‘‘or Energy and Natural Resources be au- lobbying contacts’’ and inserting ‘‘lobbying sense of the Senate that more research thorized to meet during the session of contacts, political intelligence activities, or and treatments are needed for Heredi- the Senate on January 31, 2012, at 10 political intelligence contacts’’. tary Angioedema; as follows: a.m., in room 366 of the Dirksen Senate (f) IDENTIFICATION OF CLIENTS AND COVERED Beginning on page 3, strike line 8 and all Office Building. that follows through line 18 on page 4 and in- OFFICIALS.—Section 14 of the Lobbying Dis- The PRESIDING OFFICER. Without closure Act of 1995 (2 U.S.C. 1609) is amend- sert the following: ‘‘the public.’’. objection, it is so ordered. ed— f (1) in subsection (a)— COMMITTEE ON FINANCE (A) in the heading, by inserting ‘‘OR POLIT- NOTICES OF HEARINGS Mr. REID. Mr. President, I ask unan- ICAL INTELLIGENCE’’ after ‘‘LOBBYING’’; COMMITTEE ON HEALTH, EDUCATION, LABOR, imous consent that the Committee on (B) by inserting ‘‘or political intelligence AND PENSIONS Finance be authorized to meet during contact’’ after ‘‘lobbying contact’’ each place the session of the Senate on January that term appears; and Mr. HARKIN. Mr. President, I wish to (C) in paragraph (2), by inserting ‘‘or polit- announce that the Committee on 31, 2012, at 10 a.m., in room 215 of the ical intelligence activity, as the case may Health, Education, Labor, and Pen- Dirksen Senate Office Building, to con- be’’ after ‘‘lobbying activity’’; sions will meet in open session on duct a hearing entitled ‘‘Extenders and (2) in subsection (b)— Tuesday, February 7, 2012, at 2:30 p.m. Tax Reform: Seeking Long-Term Solu- (A) in the heading, by inserting ‘‘OR POLIT- in SDG–50 to conduct a hearing enti- tions.’’ ICAL INTELLIGENCE’’ after ‘‘LOBBYING’’; tled ‘‘The Promise of Accessible Tech- The PRESIDING OFFICER. Without (B) by inserting ‘‘or political intelligence objection, it is so ordered. contact’’ after ‘‘lobbying contact’’ each place nology: Challenges and Opportunities.’’ SELECT COMMITTEE ON INTELLIGENCE that term appears; and For further information regarding (C) in paragraph (2), by inserting ‘‘or polit- this meeting, please contact the com- Mr. REID. Mr. President, I ask unan- ical intelligence activity, as the case may mittee on (202) 228–3453. imous consent that the Select Com- be’’ after ‘‘lobbying activity’’; and COMMITTEE ON ENERGY AND NATURAL mittee on Intelligence be authorized to (3) in subsection (c), by inserting ‘‘or polit- RESOURCES meet during the session of the Senate ical intelligence contact’’ after ‘‘lobbying Mr. BINGAMAN. Mr. President, I on January 31, 2012, at 10 a.m. contact’’. would like to announce for the infor- The PRESIDING OFFICER. Without (g) ANNUAL AUDITS AND REPORTS BY COMP- objection, it is so ordered. TROLLER GENERAL.—Section 26 of the Lob- mation of the Senate and the public bying Disclosure Act of 1995 (2 U.S.C. 1614) is that a hearing has been scheduled be- SUBCOMMITTEE ON PRIVACY, TECHNOLOGY, AND amended— fore the Committee on Energy and Nat- THE LAW (1) in subsection (a)— ural Resources. The hearing will be Mr. REID. Mr. President, I ask unan- (A) by inserting ‘‘political intelligence held on Thursday, February 9, 2012, at imous consent that the Committee on firms, political intelligence consultants,’’ 9:30 a.m. in room SD–366 of the Dirksen the Judiciary, Subcommittee on Pri- after ‘‘lobbying firms’’; and Senate Office Building. vacy, Technology, and the Law, be au- (B) by striking ‘‘lobbying registrations’’ The purpose of the hearing is to re- thorized to meet during the session of and inserting ‘‘registrations’’; (2) in subsection (b)(1)(A), by inserting ‘‘po- ceive testimony on H.R. 1904, the the Senate on January 31, 2012, at 10 litical intelligence firms, political intel- Southeast Arizona Land Exchange and a.m., in room SD–266 of the Dirksen ligence consultants,’’ after ‘‘lobbying firms’’; Conservation Act of 2011. The Com- Senate Office Building, to conduct a and mittee will also receive testimony on hearing entitled ‘‘The Video Privacy

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with S222 CONGRESSIONAL RECORD — SENATE January 31, 2012 Protection Act: Protecting Viewer Pri- adolescence, and continue to suffer from sub- that stalkers had used electronic devices to vacy in the 21st Century.’’ sequent attacks for the duration of their monitor them; The PRESIDING OFFICER. Without lives; Whereas stalking victims are forced to objection, it is so ordered. Whereas HAE attacks can be triggered by take drastic measures to protect themselves, infections, minor injuries or dental proce- including changing identity, relocating, f dures, emotional or mental stress, and cer- changing jobs, and obtaining protection or- HEREDITARY ANGIOEDEMA tain hormonal or blood medications; ders; AWARENESS DAY Whereas the onset or duration of an HAE Whereas 1 in 7 victims reported having re- attack can negatively affect a person’s phys- located in an effort to escape a stalker; Mr. UDALL of Colorado. Mr. Presi- ical, emotional, economic, educational, and Whereas approximately 1 in 8 employed dent, I ask unanimous consent the Ju- social well-being due to activity limitations; victims of stalking missed work because diciary Committee be discharged from Whereas the annual cost for treatment per they feared for their safety or were taking further consideration of S. Res. 286 and patient can exceed $500,000, causing a sub- steps to protect themselves, such as by seek- the Senate proceed to its immediate stantial economic burden; ing a restraining order; Whereas there is a significant need for in- Whereas less than 50 percent of victims re- consideration. ported stalking to police, and only 7 percent The PRESIDING OFFICER. Without creased and normalized medical professional education regarding HAE; and of victims contacted a victim service pro- objection, it is so ordered. Whereas there is also a significant need for vider, shelter, or hotline; The clerk will report the resolution further research on HAE to improve diag- Whereas stalking is a crime under Federal by title. nosis and treatment options for patients; law and under the laws of all 50 States, the The assistant legislative clerk read Now, therefore, be it District of Columbia, and the territories of as follows: Resolved, That— the United States; A resolution (S. Res. 286) recognizing May (1) the Senate— Whereas stalking affects victims of every 16, 2012, as Hereditary Angioedema Aware- (A) recognizes and celebrates May 16, 2012, race, age, culture, gender, sexual orienta- ness Day and expressing the sense of the as Hereditary Angioedema Awareness Day; tion, physical and mental ability, and eco- Senate that more research and treatments and nomic status; are needed for hereditary angioedema. (B) supports increased awareness of Heredi- Whereas national organizations, local victim service organizations, campuses, pros- There being no objection, the Senate tary Angioedema (HAE) by physicians and the public. ecutor’s offices, and police departments proceeded to consider the resolution. stand ready to assist stalking victims and Mr. UDALL of Colorado. Mr. Presi- f are working diligently to develop effective dent, I ask unanimous consent that the RESOLUTIONS SUBMITTED TODAY and innovative responses to stalking; Inouye amendment which is at the Whereas there is a need to improve the re- desk be agreed to, the resolution, as Mr. UDALL of Colorado. Mr. Presi- sponse of the criminal justice system to amended, be agreed to, the preamble be dent, I ask unanimous consent that the stalking through more aggressive investiga- agreed to, the motion to reconsider be Senate proceed to the immediate con- tion and prosecution; laid upon the table with no intervening sideration en bloc of the following res- Whereas there is a need for increased avail- olutions, which were submitted earlier ability of victim services across the United action or debate, and any related state- States, and such services must include pro- ments be printed in the RECORD. today: S. Res. 360, S. Res. 361, S. Res. 362, S. Res. 363, and S. Res. 364. grams tailored to meet the needs of stalking The PRESIDING OFFICER. Without victims; objection, it is so ordered. The PRESIDING OFFICER. Without Whereas persons aged 18 to 24 experience The amendment (No. 1495) was agreed objection, it is so ordered. The Senate the highest rates of stalking victimization, to, as follows: will proceed to consider the resolutions and rates of stalking among college students (Purpose: To strike provisions relating to en bloc. exceed the prevalence rates found in the gen- increased research) Mr. UDALL of Colorado. Mr. Presi- eral population; Beginning on page 3, strike line 8 and all dent, I ask unanimous consent that the Whereas as many as 75 percent of women in that follows through line 18 on page 4 and in- resolutions be agreed to, the preambles college who experience stalking-related be- sert the following: ‘‘the public.’’. be agreed to, the motions to reconsider havior experience other forms of victimization, including sexual or physical victimiza- The resolution (S. Res. 286), as be laid upon the table en bloc, with no tion, or both; amended, was agreed to. intervening action or debate, and any Whereas there is a need for effective re- The preamble was agreed to. related statements be printed in the sponses to stalking on campuses; and The resolution, as amended, with its RECORD. Whereas the Senate finds that ‘‘National preamble, reads as follows: The PRESIDING OFFICER. Without Stalking Awareness Month’’ provides an op- S. RES. 286 objection, it is so ordered. portunity to educate the people of the United States about stalking: Now, there- Whereas Hereditary Angioedema (HAE) is The resolutions were agreed to. fore, be it a rare and potentially life-threatening ge- The preambles were agreed to. Resolved, That the Senate— netic disease, affecting between 1 in 10,000 The resolutions, with their pre- (1) designates January 2012 as ‘‘National and 1 in 50,000 people, leading to patients ambles, read as follows: Stalking Awareness Month’’; being undiagnosed or misdiagnosed for many S. RES. 360 (2) applauds the efforts of the many stalk- years; ing victim service providers, police, prosecu- Whereas HAE is characterized by symp- (Raising awareness and encouraging preven- tors, national and community organizations, toms including episodes of edema or swelling tion of stalking by designating January campuses, and private sector supporters to in various body parts including the hands, 2012 as ‘‘National Stalking Awareness promote awareness of stalking; feet, gastrointestinal tract, face, and airway; Month’’) (3) encourages policymakers, criminal jus- Whereas patients often experience swelling Whereas 1 in 6, or 19,200,000, women in the tice officials, victim service and human serv- in the intestinal wall, causing bouts of ex- United States have at some point during ice agencies, college campuses and univer- cruciating abdominal pain, nausea, and vom- their lifetime experienced stalking victim- sities, and nonprofit organizations to in- iting, and swelling of the airway, which can ization, during which they felt very fearful crease awareness of stalking and the avail- lead to death by asphyxiation; or believed that they or someone close to ability of services for stalking victims; and Whereas a defect in the gene that controls them would be harmed or killed; (4) urges national and community organi- the C1-inhibitor blood protein causes produc- Whereas, during a 1-year period, an esti- zations, businesses in the private sector, and tion of either inadequate or non-functioning mated 3,400,000 persons in the United States the media to promote awareness of the crime C1-inhibitor protein, leading to an inability reported that they had been victims of stalk- of stalking through ‘‘National Stalking to regulate complex biochemical inter- ing, and 75 percent of those victims reported Awareness Month’’. actions of blood-based systems involved in that they had been stalked by someone they disease fighting, inflammatory response, and knew; S. RES. 361 coagulation; Whereas 11 percent of victims reported (Congratulating the University of Alabama Whereas HAE is an autosomal dominant having been stalked for more than 5 years, Crimson Tide football team for winning disease, and 50 percent of patients with the and 23 percent of victims reported having the 2011 Bowl Championship Series Na- disease inherited the defective gene from a been stalked almost every day; tional Championship) parent, while the other 50 percent developed Whereas 1 in 4 victims reported that stalk- Whereas the University of Alabama Crim- a spontaneous mutation of the C1-inhibitor ers had used email, instant messaging, blogs, son Tide football team won the 2012 Allstate gene at conception; bulletin boards, Internet sites, chat rooms, Bowl Championship Series (referred to in Whereas HAE patients often experience or other forms of electronic monitoring this preamble as ‘‘BCS’’) National Cham- their first HAE attack during childhood or against them, and 1 in 13 victims reported pionship Game, defeating Louisiana State

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with January 31, 2012 CONGRESSIONAL RECORD — SENATE S223 University by a score of 21–0 in the Mercedes- (B) the Athletic Director of the University correctly identify all the warning signs of Benz Superdome in New Orleans on January of Alabama, Mal Moore; and dating abuse; 9, 2012; (C) the Head Coach of the University of Whereas 74 percent of teenage boys and 66 Whereas this victory marks the second Alabama Crimson Tide football team, Nick percent of teenage girls say they have not BCS title in the last 3 years and the 14th na- Saban. had a conversation with a parent about dat- tional championship in college football for ing abuse in the past year; S. RES. 362 the University of Alabama; Whereas, according to a National Crime Whereas the victory by the University of (Designating the month of February 2012 as Prevention Council survey, 43 percent of Alabama was the first shutout in any BCS ‘‘National Teen Dating Violence Awareness middle and high school students reported ex- bowl game since the system was created in and Prevention Month’’) periencing cyberbullying during the past 1998 and the first shutout in the champion- Whereas, although dating violence, domes- year; ship game since the 1992 Orange Bowl; tic violence, sexual violence, and stalking af- Whereas 1 in 4 teens in a relationship re- Whereas the 2012 BCS National Champion- fect women regardless of age, teenage girls port having been called names, harassed, or ship Game was the 59th postseason bowl ap- and young women are especially vulnerable; put down by a partner through the use of a pearance and the 33rd bowl victory for the Whereas, according to the National Inti- cell phone, including through texting; University of Alabama, both of which extend mate Partner and Sexual Violence survey re- Whereas 3 in 10 young people have sexted, existing NCAA records for the University of cently conducted by the Centers for Disease and 61 percent of young people who have Alabama; Control and Prevention (referred to in this sexted report being pressured to do so at Whereas the victory by the University of preamble as the ‘‘CDC’’), the majority of vic- least once; Alabama marks the sixth consecutive BCS timization starts early in life, as most vic- Whereas, according to the Liz Claiborne national championship for the Southeastern tims of rape and intimate partner violence Inc. 2010 College Dating Violence and Abuse Conference and the third consecutive BCS first experience such violence before age 24; Poll, 43 percent of college women who date national championship for the State of Ala- Whereas, according to the Liz Claiborne report experiencing violent and abusive dat- bama; Inc. 2009 Parent/Teen Dating Violence Poll, ing behavior; Whereas the University of Alabama gained approximately 1 in 3 adolescent girls in the Whereas 70 percent of college students who 384 yards of total offense in the BCS Na- United States is a victim of physical, emo- experienced relationship abuse failed to real- tional Championship Game, while holding tional, or verbal abuse from a dating part- ize that they were in an abusive relationship the offense of Louisiana State University to ner, a rate that far exceeds victimization at the time, and 60 percent of college stu- 5 first downs and 92 total yards, the second rates for other types of violence affecting dents who were in an abusive relationship lowest yards of total offense in BCS history; young people; said that no one stepped in to help them; Whereas A.J. McCarron completed 23 of 34 Whereas, according to the Youth Risk Be- Whereas the severity of violence among in- passes for a total of 234 yards without a turn- havior Surveillance System (referred to in timate partners has been shown to be greater over and was named offensive player of the this preamble as the ‘‘YRBSS’’) of the CDC, in cases where a pattern of violence was es- game; nearly 10 percent of high school students tablished during adolescence; Whereas senior linebacker Courtney Up- have been hit, slapped, or physically hurt on Whereas primary prevention programs are shaw recorded 7 tackles, including 1 sack, purpose by a boyfriend or girlfriend during a key part of addressing teen dating vio- and was named defensive player of the game; the past year; lence, and successful examples of such pro- Whereas Trent Richardson, winner of the Whereas, according to the American Jour- grams include education, community out- Doak Walker Award, finished with 20 carries nal of Public Health, more than 1 in 4 teen- reach, and social marketing campaigns that for 96 yards and 107 all-purpose yards and agers have been in a relationship where a are culturally appropriate; scored the only touchdown of the game; partner is verbally abusive; Whereas educating middle school students Whereas Jeremy Shelley successfully com- Whereas, according to a survey conducted and the parents of those students about the pleted 5 field goal attempts, setting a BCS by the YRBSS, almost 20 percent of teenage importance of building healthy relationships National Championship Game record and girls who were exposed to physical dating vi- and preventing teen dating violence is key to tying an NCAA bowl record; olence did not attend school on 1 or more oc- deterring dating abuse before it begins; Whereas in 2011, the defense of the Univer- casions during the 30 days preceding the sur- Whereas skilled assessment and interven- sity of Alabama led the nation in rushing de- vey because the girls felt unsafe at school or tion programs are also necessary for young fense, passing defense, scoring defense, and on the way to or from school; victims and abusers; and total defense; Whereas a violent relationship in adoles- Whereas the establishment of National Whereas 4 members of the Crimson Tide cence can have serious ramifications for the Teen Dating Violence Awareness and Preven- football team were recognized as first-team victim, putting the victim at higher risk for tion Month will benefit schools, commu- All Americans by the Associated Press; substance abuse, eating disorders, risky sex- nities, and families regardless of socio- Whereas the 2011 Crimson Tide senior class ual behavior, suicide, and adult revictimiza- economic status, race, or sex: Now, there- compiled a 48–6 record, tying a Southeastern tion; fore, be it Conference record for class victories; Whereas being physically or sexually Resolved, That the Senate— Whereas the leadership of head coach Nick abused makes teenage girls— (1) designates the month of February 2012 Saban, whose dedication and commitment to as ‘‘National Teen Dating Violence Aware- excellence instilled in his players a sense of (1) up to 6 times more likely to become pregnant; and ness and Prevention Month’’; integrity, pride, sportsmanship, and perse- (2) supports communities that are empow- verance, inspired both his team throughout (2) more than twice as likely to contract a sexually transmitted disease; ering teenagers to develop healthier rela- the season and the Tuscaloosa community tionships throughout their lives; and Whereas, according to a recent study pub- following the devastating losses in the April (3) calls upon the people of the United lished in the Archives of Pediatrics and Ado- tornadoes; States, including young people, parents, lescent Medicine, more than half of teen- Whereas President Robert Witt and Ath- schools, law enforcement officials, State and agers and young adults treated at an inner- letic Director Mal Moore have brought tre- local officials, and interested groups to ob- city emergency room reported having been a mendous academic success and national rec- serve National Teen Dating Violence Aware- victim or perpetrator of dating violence; ognition to the University of Alabama ath- ness and Prevention Month with appropriate Whereas nearly 3 in 4 ‘‘tweens’’, individ- letic department and the entire university; programs and activities that promote aware- uals who are between the ages of 11 and 14, and ness and prevention of teen dating violence report that dating relationships usually Whereas the players, coaches, and support in their communities. staff of the University of Alabama football begin at age 14 or younger, and approxi- S. RES. 363 team showed tremendous determination mately 72 percent of students in eighth or throughout the season and brought great ninth grade report dating; (Congratulating the Pittsburg State Univer- honor to the University of Alabama and the Whereas 1 in 5 tweens report having a sity Gorillas football team for winning the State of Alabama: Now, therefore, be it friend who is a victim of dating violence, and 2011 NCAA Division II Football Champion- Resolved, That the Senate— nearly half of tweens who are in relationship) (1) commends the University of Alabama ships know a friend who is verbally abused; Whereas the Pittsburg State University for winning the 2011 Bowl Championship Se- Whereas more than 3 times as many Gorillas football team defeated the Wayne ries National Championship; tweens (20 percent) as parents of tweens (6 State University Warriors by a score of 35 to (2) recognizes the achievements of all the percent) admit that parents know little or 21 to win the 2011 NCAA Division II Football players, coaches, and staff whose hard work, nothing about the dating relationships of Championship in Florence, Alabama on De- dedication, and persistence helped the Crim- tweens; cember 17, 2011; son Tide win a national championship; and Whereas, according to the Liz Claiborne Whereas Pittsburg State University has (3) requests the Secretary of the Senate to Inc. 2009 Parent/Teen Dating Violence Poll, more all-time wins than any other NCAA Di- prepare an official copy of this resolution for although 82 percent of parents are confident vision II football program and this cham- presentation to— that they could recognize the signs that pionship victory, the 4th in the history of (A) the President of the University of Ala- their child was experiencing dating abuse, a the university, continues a long tradition of bama, Dr. Robert Witt; majority of parents, or 58 percent, could not success;

VerDate Mar 15 2010 02:49 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S31JA2.REC S31JA2 bjneal on DSK2TWX8P1PROD with S224 CONGRESSIONAL RECORD — SENATE January 31, 2012 Whereas the Pittsburg State University promoting and ensuring a brighter, stronger RINE CORPS WHILE ASSIGNED TO A POSITION OF IMPOR- TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., coaching staff, led by second-year Head future for the United States. SECTION 601: Coach Tim Beck, the 2011 Liberty Mutual f To be general Coach of the Year Award winner for Division II, guided the Gorillas to a final regular sea- ORDERS FOR WEDNESDAY, LT. GEN. JOHN F. KELLY son record of 13 wins and 1 loss; FEBRUARY 1, 2012 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES MARINE CORPS TO THE GRADE Whereas the Gorillas benefitted from Mr. UDALL of Colorado. Mr. Presi- INDICATED UNDER TITLE 10, U.S.C., SECTION 624: strong leadership in the championship game, To be brigadier general including senior quarterback and Pittsburg, dent, I ask unanimous consent that the Kansas native Zac Dickey, who passed for 190 Senate adjourn until 9:30 a.m., on COLONEL EDWARD D. BANTA Wednesday, February 1, 2012; that fol- COLONEL MATTHEW G. GLAVY yards and rushed for 68 yards; and COLONEL WILLIAM F. MULLEN III Whereas the students, staff, alumni, and lowing the prayer and pledge, the Jour- COLONEL GREGG P. OLSON friends of Pittsburg State University, along nal of proceedings be approved to date, COLONEL JAMES S. O’MEARA COLONEL ERIC M. SMITH with the city of Pittsburg, Kansas, deserve the morning hour be deemed to have THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT much credit for supporting the Gorillas foot- expired, and the time for the two lead- IN THE UNITED STATES MARINE CORPS TO THE GRADE ball team: Now, therefore, be it ers be reserved for their use later in INDICATED UNDER TITLE 10, U.S.C., SECTION 624: Resolved, That the Senate— the day; that following any leader re- To be major general (1) congratulates the Pittsburg State Uni- marks, the Senate be in a period of BRIGADIER GENERAL STEVEN W. BUSBY versity Gorillas football team for winning BRIGADIER GENERAL MICHAEL G. DANA the 2011 NCAA Division II Football Cham- morning business for 1 hour, with Sen- BRIGADIER GENERAL WILLIAM M. FAULKNER ators permitted to speak therein for up BRIGADIER GENERAL WALTER L. MILLER, JR. pionship; and BRIGADIER GENERAL JOSEPH L. OSTERMAN (2) recognizes the achievements of all the to 10 minutes each, with the time BRIGADIER GENERAL CHRISTOPHER S. OWENS players, coaches, and support staff of the equally divided and controlled between BRIGADIER GENERAL GREGG A. STURDEVANT Pittsburg State University Gorillas football the two leaders or their designees, with IN THE NAVY team. the Republicans controlling the first THE FOLLOWING NAMED OFFICER FOR APPOINTMENT S. RES. 364 IN THE UNITED STATES NAVY TO THE GRADE INDICATED half and the majority controlling the WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND (Recognizing the goals of National Catholic final half; that following morning busi- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Schools Week and honoring the valuable ness, the Senate resume consideration To be admiral contributions of Catholic schools in the of S. 2038, the Stop Trading on Congres- VICE ADM. BRUCE W. CLINGAN United States) sional Knowledge Act. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Whereas Catholic schools in the United The PRESIDING OFFICER. Without IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND States have received international acclaim objection, it is so ordered. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: for academic excellence while providing stu- f To be vice admiral dents with lessons that extend far beyond the classroom; PROGRAM REAR ADM. JOHN W. MILLER Whereas Catholic schools present a broad THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Mr. UDALL of Colorado. Mr. Presi- IN THE UNITED STATES NAVY TO THE GRADE INDICATED curriculum that emphasizes the lifelong de- dent, we hope to have votes in relation WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND velopment of moral, intellectual, physical, RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: to amendments to the STOCK Act dur- and social values in the young people of the To be vice admiral United States; ing Wednesday’s session. Whereas Catholic schools in the United REAR ADM. PHILIP H. CULLOM f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT States today educate more than 2,000,000 stu- IN THE UNITED STATES NAVY TO THE GRADE INDICATED dents and maintain a student-to-teacher ADJOURNMENT UNTIL 9:30 A.M. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ratio of 14 to 1; TOMORROW RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Whereas the faculty members of Catholic Mr. UDALL of Colorado. Mr. Presi- To be vice admiral schools teach a highly diverse body of student, if there is no further business to REAR ADM. CHARLES W. MARTOGLIO dents; come before the Senate, I ask unani- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Whereas the graduation rate for all Catho- IN THE UNITED STATES NAVY TO THE GRADE INDICATED lic school students is 99 percent; mous consent that it adjourn under the WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Whereas 97 percent of Catholic high school previous order. graduates go on to college; There being no objection, the Senate, To be vice admiral Whereas Catholic schools produce students at 7 p.m., adjourned until Wednesday, VICE ADM. WILLIAM R. BURKE strongly dedicated to their faith, values, February 1, 2012, at 9:30 a.m. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT families, and communities by providing an IN THE UNITED STATES NAVY RESERVE TO THE GRADE f INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: intellectually stimulating environment rich in spiritual character and moral develop- NOMINATIONS To be rear admiral (lower half) ment; and Executive nominations received by CAPT. DEBORAH P. HAVEN Whereas, in the 1972 pastoral message con- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT cerning Catholic education, the National the Senate: IN THE UNITED STATES NAVY RESERVE TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: Conference of Catholic Bishops stated, ‘‘Edu- IN THE ARMY cation is one of the most important ways by THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be rear admiral (lower half) which the Church fulfills its commitment to IN THE UNITED STATES ARMY TO THE GRADE INDICATED CAPT. JANET R. DONOVAN WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND the dignity of the person and building of RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE AIR FORCE community. Community is central to edu- To be general THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT cation ministry, both as a necessary condi- TO THE GRADE INDICATED IN THE RESERVE OF THE AIR tion and an ardently desired goal. The edu- LT. GEN. DENNIS L. VIA FORCE UNDER TITLE 10, U.S.C., SECTION 12203: cational efforts of the Church, therefore, THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- To be colonel must be directed to forming persons-in-com- SERVE OF THE ARMY TO THE GRADE INDICATED UNDER ALLENA H. E. BURGE SMILEY munity; for the education of the individual TITLE 10, U.S.C., SECTIONS 12203 AND 12211: ROBIN L. CHOLOPISA Christian is important not only to his soli- To be brigadier general JEROME M. TECLAW tary destiny, but also the destinies of the THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COL. TODD A. PLIMPTON many communities in which he lives.’’: Now, TO THE GRADE INDICATED IN THE RESERVE OF THE AIR THE FOLLOWING NAMED OFFICER FOR APPOINTMENT FORCE UNDER TITLE 10, U.S.C., SECTION 12203: therefore, be it IN THE UNITED STATES ARMY TO THE GRADE INDICATED To be colonel Resolved, That the Senate— WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND (1) recognizes the goals of National Catho- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: LEON S. BARRINGER To be lieutenant general DAVID EARL BOWLES lic Schools Week, an event cosponsored by BETSAIDA H. GUZMAN the National Catholic Educational Associa- LT. GEN. CURTIS M. SCAPARROTTI PAUL E. SMITH tion and the United States Conference of THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- Catholic Bishops that recognizes the vital IN THE UNITED STATES ARMY TO THE GRADE INDICATED MENT TO THE GRADES INDICATED IN THE REGULAR AIR WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): contributions of thousands of Catholic ele- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: mentary and secondary schools in the United To be lieutenant colonel To be lieutenant general States; and MARK W. DUFF (2) commends Catholic schools, students, MAJ. GEN. PATRICIA E. MCQUISTION To be major parents, and teachers across the United IN THE MARINE CORPS RAMIL MANSOUROV States for their ongoing contributions to THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SHANDA R. MARSHALL education, and for the vital role they play in TO THE GRADE OF GENERAL IN THE UNITED STATES MA- KEITH C. TANG

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THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LENA M. ARVIDSON JOHN J. STEELE III TO THE GRADE INDICATED IN THE RESERVE OF THE AIR HONG V. BAKER MICHAEL D. STEVENS FORCE UNDER TITLE 10, U.S.C., SECTION 12203: ROBERT K. BOGART ERIC A. SUESCUN ERIC L. CATHEY JOHN M. TOKISH To be colonel SARA A. DIXON GEOFFREY D. TOWERS CHARLES A. TUJO KENNETH D. CARR ROBIN E. FONTENOT ROSCOE O. VAN CAMP STEVEN L. OBRIEN MARTIN F. GIACOBBI BRIAN A. VROON MARK P. ROWAN TAMMY KNAPP HEISEY CHARLES N. WEBB SCOTT A. RUTHVEN ANDRE A. HENRIQUES KYLE J. WELD GREGORY S. STRINGER JOHN W. HULTQUIST PHILIP S. JUNGHANS LINDY W. WINTER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LARRY K. LONG MATTHEW P. WONNACOTT TO THE GRADE INDICATED IN THE RESERVE OF THE AIR DAVID L. MAPES KENNETH C. Y. YU FORCE UNDER TITLE 10, U.S.C., SECTION 12203: JOSEPH A. MUHLBAUER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be colonel BASEEMAH S. NAJEEULLAH TO THE GRADE INDICATED IN THE UNITED STATES AIR ALBERT L. OUELLETTE FORCE UNDER TITLE 10, U.S.C., SECTION 624: PATRICK MICHAEL CARPENTER THADDEUS H. PHILLIPS III RICHARD M. CORNELL LAWRENCE E. ROTH To be lieutenant colonel KAY M. GEHRKE RUBEN S. SAGUN, JR. STEVEN J. ACEVEDO LOUISE P. HARNISH DANIEL A. SAVETT TRACY M. ALDERSON DAVID A. LESKO KIRK B. STETSON ANTOIN M. ALEXANDER ANTHONY J. PENA DONALD TYLER, JR. CARL D. ALLRED ROBIN D. RICHARDSON DAWN M. WAGNER FLORIN D. ANDRECA KEVIN N. SMITH MARK A. WEISKIRCHER JONATHAN L. ARNHOLT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LEE S. ASTLE TO THE GRADE INDICATED IN THE RESERVE OF THE AIR TO THE GRADE INDICATED IN THE UNITED STATES AIR NICOLE M. BALLINGER FORCE UNDER TITLE 10, U.S.C., SECTION 12203: FORCE UNDER TITLE 10, U.S.C., SECTION 624: SHANE B. BANKS ERIC W. BARNES To be colonel To be major RICHARD J. BARNETT JOSEPH J. ALBANO CARL P. BHEND JOHN P. BARON STEVEN CHARLES CAMPMAN ERIC D. BROWN BRIAN S. BERKE BLAKE V. CHAMBERLAIN NATHANIEL B. CALDON DOMINGO R. BICALDO WILLIAM HARRY DRIBBEN HYE Y. CHOE BRADLEY J. BOETIG LOUIE M. FEHL III ARCHIE COOK, JR. JONATHAN N. BOWMAN SHERI L. GLADISH SARRA E. CUSHEN KAREN E. BOWMAN STEPHEN B. IRVIN MICHAEL L. EINHORN MICHELLE R. BROWN STEVEN M. KLEIN ANGELA R. FITZPATRICK GLENN D. BURNS OLIVER H. LOYD SUZANA M. GJEKAJ ROBERTO D. CALDERON FRANCES M. MCCABE BENJAMIN D. HALL CHRISTINE L. CAMPBELL KEITH E. SCHLECHTE AARON BENJAMIN HARDING KEN J. CARPENTER RICHARD J. TIPTON MICHAEL S. HOGE ELIZABETH A. CASSTEVENS NATHAN D. CECAVA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT EIRLEEN Y. HYUN CHRISTOPHER R. JORDAN RAYMOND J. CLYDESDALE TO THE GRADE INDICATED IN THE RESERVE OF THE AIR BRETT D. COONS FORCE UNDER TITLE 10, U.S.C., SECTION 12203: ROBERT B. KIM JEREMY B. LAKE AMY A. COSTELLO To be colonel STEPHEN P. LAMBERT ROBERT M. CROMER GARY S. MAYNE JOHN M. CROWE MICHAEL A. BATTLE ROBERT K. MENSAH RICHARD L. DAGROSA BENJAMIN M. BOWDEN JAMES P. MURPHY PAUL L. DANDREA ROBERT KNOX COIT DIOSDADO S. PANGILINAN STEVEN W. DAVIS JOHN PAUL DAVIS STEPHEN S. POTTER PAUL T. DEFLORIO MARK R. FITZGERALD RUTH S. ROJAS IAN CROMWELL B. DIAZ STEVEN F. GOODWILL CHRISTOPHER S. SCHMIDT TIMOTHY J. DUNCAN SUSAN DEANN LEHIGH SCOTT T. SEAGO AN T. DUONG KIMBERLY A. LUDWIG JOSHUA T. SMITH SPRING R. ELLEMBERGER JOHN F. MCCARTHY HEATHER M. TELLEZ STEPHANIE L. ERICKSON MICHAEL J. MCCORMICK ADAM J. VERRETT JASON H. EVES TERI J. MCGRATH DEMITRI VILLARREAL GEOFFREY L. EWING RACHEL L. MERCER THOMAS K. WEBER SHANNON D. FABER SIGURD R. PETERSON, JR. CHRISTOPHER M. WOLBERT DELANO S. FABRO, JR. RUSSELL K. PIPPIN ALLYSON M. YAMAKI ERIC M. FLAKE CARL L. REED II HEIDI L. GADDEY DAVID W. TOOKER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NORA E. GERSON TO THE GRADE INDICATED IN THE UNITED STATES AIR SANJAY A. GOGATE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT FORCE UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES AIR STEVEN M. GORE FORCE UNDER TITLE 10, U.S.C., SECTION 624: To be colonel DAVID D. GOVER TODD R. GREBNER To be lieutenant colonel BROADUS Z. ATKINS RICHARD T. GRECO THOMAS J. CANTILINA KELLIE A. GRIFFITH ANN E. ALEXANDER THATCHER R. CARDON STUART R. GROSS CLIFTON W. BAILEY DAVID S. COCKRUM ALAN D. GUHLKE JOHN M. BEENE PHILLIP J. COVER, SR. MARK A. GUNST JEFFREY S. BROWN DANA K. CRESSLER CHARLES J. HAGGERTY JENNIFER R. BURKE DAVID V. EASTHAM AUDREY M. HALL CASEY M. CAMPBELL RAYMOND FANG TAYLOR S. HAN JODY S. HARRISON MICHAEL A. FORGIONE MARTIN J. HARSSEMA CLAYTON G. HICKS MELETIOS J. FOTINOS MARSHALL T. HAYES DWIGHT L. JOHNSON JEFFREY J. FREELAND KEVIN D. HETTINGER GRETCHEN B. JUNGERMANN CARL A. FREEMAN AQUILLA L. HIGHSMITH TYLER CARL A. LABELLA III JUAN GARZA JOSHUA A. HODGE JOANNA SAENZ MCPHERSON BARRY J. GREER STEFANIE K. HORNE MASOUD MILANI JOHN D. HALLGREN STEVEN J. HOSPODAR LEE E. ROUNDY SCOTT A. HARTWICH DAVID T. HSIEH STEPHEN H. SPECK MICHAEL J. HIGGINS JULIA C. JACKSON JANICE TIMOTHEE FRANCIS T. HOLLAND THEODORE J. JERDEE DAVID L. WELLS JANE L. HOLTZCLAW MICHAEL P. KENNEY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM C. HOOK TINA R. KINSLEY TO THE GRADE INDICATED IN THE RESERVE OF THE AIR LIDIA S. ILCUS ROBYN T. KRAMER FORCE UNDER TITLE 10, U.S.C., SECTION 12203: MICHAEL D. JACOBSON KIMBERLY D. KUMER BENJAMIN C. KAM, JR. LEE M. KUXHAUS To be colonel JAY D. KERECMAN ROSELIA I. LABBE BRENDA K. AMES THOMAS J. KNOLMAYER DANIEL L. LAMAR PATRICIA ANN BENEDICT MARK W. KOLASA JASON W. LANE BRIDGET ILEEN BROZYNA BRADLEY A. LLOYD WAYNE A. LATACK SHARON W. COLAIZZI CHERYL L. LOWRY PETER A. LEARN JOLI G. GARCIA KAIWOOD MA CHRISTOPHER T. LEBRUN EDWARD G. GRUBER MICHAEL L. MARTIN JEFFREY D. LEWIS SHERRY F. HEMBY WALTER M. MATTHEWS ROBERT J. LOVE DEBORAH A. HODGE KURT D. MENTZER BRANT J. LUTSI PATRICK H. JOHNSON PATRICK B. MONAHAN SHELLY D. MARTIN VANESSA L. MATTOX RICHARD L. MOONEY STEPHEN C. MATURO ANN G. MCCUNE SUSAN O. MORAN PATRICK E. MCCLESKEY NANCY MIKULIN PAIGE L. NEIFERT MARIEFRANCE M. MCINTEE MARY J. NACHREINER JOHN Y. OH MARSHA D. MITCHUM VALARIE JEAN OLYNIEC MARK D. PACKER JEFFREY W. MOLLOY BARBARA A. PERSONS DAWN E. PEREDO JOSHUA C. MORGANSTEIN DEBORAH L. SALTMARSH JAMES A. PHALEN WILLIAM B. NEWMAN VINCETTA L. TSOURIS KIMBERLY D. PIETSZAK SHAWNN D. NICHOLS JOSEPH A. WENSZELL LAURA L. PLACE JON J. OPRY PAUL W. PLOCEK LUIS B. OTERO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL F. RICHARDS VASUDHA ARUNA PANDAY TO THE GRADE INDICATED IN THE UNITED STATES AIR SCOTT A. RIISE PATRICIA A. PANKEY FORCE UNDER TITLE 10, U.S.C., SECTION 624: JESSICA T. SERVEY ANGELA M. PANSERA To be colonel JON R. SHERECK JACQUELINE J. PERCY DARLENE P. SMALLMAN TRENT VAN PHAN JAVIER A. ABREU DANIEL T. SMITH ERIC V. PLOTT

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PAVEENA POSANG DOUGLAS R. HILL DANIEL T. WOLF JENNIFER R. RATCLIFF STEPHEN K. HORNISH DONALD F. WREN BEN C. ROBINSON BERT L. HUBERT PATRICIA L. YORK CRAIG A. ROHAN HAROLD R. HUGHES II CURTIS J. ZABLOCKI BENJAMIN G. ROMICK WILLIAM E. HUTCHISON, JR. MICHAEL A. ZACCARDO PAOLO G. RONCALLO WALTER L. JABLOW THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TIMOTHY M. ROWLAND CONSTANCE L. JENKINS TO THE GRADE INDICATED IN THE UNITED STATES AIR GREENE D. ROYSTER IV RICHARD A. JENKINS FORCE UNDER TITLE 10, U.S.C., SECTION 624: CYNTHIA A. RUTHERFORD AMY E. JOHNSON TANJA R. SCHERM DAVID E. JOHNSON To be major ERICH W. SCHROEDER JENNIE R. JOHNSON MUDASIR A. ABRO ERIK R. SCHWALIER MARY D. JOHNSON SCOTT H. ADKISSON CATHERINE T. D. SHOFF ROBERT M. KALTEIS DIANA ALAME MEGAN M. SHUTTS KARJOLA HAROLD T. KAPLAN BROOKE E. ALBRIGHT KAMAL D. SINGH MICHAEL A. KENNEDY KEVIN D. ALFORD KSHAMATA SKEETE MARTY Z. KHAN KENTON L. ANDERSON KRISTEN A. SOLTISTYLER THOMAS P. KLINGENSMITH NATHAN S. ANDERSON BARTON C. STAAT PAUL E. KNAPP APRIL M. ARSENEAU ADAM M. STARR JAMES D. KOVAC PETER A. BALDWIN EVELYN L. STENDER JEFFREY S. KOZAK SCOTT D. BARNES DUSTIN E. STEVENSON DWAIN F. KUEHL JEFFREY G. BELISLE LOYAL R. STIERLEN KIMBERLY D. LAMMERTIN STEPHANIE A. BERNZOTT JAMES E. STORMO CHRISTINE E. LANE HALTON W. BEUMER TEDDY J. SU LORI ANN LARGEN CHAD R. BIGONY DANIEL L. TARBOX MARK S. LARSON KEVIN A. BLACKNEY STEPHEN J. TITUS JAMES A. LAWSON, JR. CHAD RICHARD BOWSER LUAN C. TRAN BARBARA Y. Y. LEE LINDA U. BRADSHAW KARA M. VANDEKIEFT DAVID L. LEEDOM LEAH G. BRAR JEFFREY D. WATSON BRENDAN N. LUDDEN JUSTIN M. BREMER NGOZI U. WEXLER KENNETH M. LUTE JASON A. BROCKER DOUGLAS W. WHITE MARY ANN LUTZ SHANNON M. BRODERSEN KEVIN M. WHITE KELLY R. MAIORANA SCOTT L. BROTHERTON CHRISTOPHER D. WILLIAMS MICHAEL W. MANION KIMBERLY K. BROUGHTON WENDI E. WOHLTMANN ROBERT A. MANTZ KAREN E. BRUNER TORY W. WOODARD JOHN L. MARTINO, JR. ALLISON R. BUEL HEATHER L. YUN JOSEPH S. MATCHETTE MICHAEL TODD MATHEIS MARK T. BURBRIDGE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES MCANDREW OMAR L. CABAN TO THE GRADE INDICATED IN THE RESERVE OF THE AIR KELVIN D. MCELROY LYNSEY M. CALDWELL FORCE UNDER TITLE 10, U.S.C., SECTION 12203: SCOTT L. MCLAUGHLIN JOHN A. CALIFANO To be colonel CHARLES A. MENZA CHRISTOPHER R. CALVERT PAUL S. MEYER DAVID R. CARLSEN CARA A. AGHAJANIAN EDWARD JOHN MILLER JUSTIN E. CARRICABURU JASON W. ARNOLD MICHAEL G. MILLER SHAWN S. CARTER DAVID MICHAEL ASHLEY LOUIS M. MONTGOMERY ANYA J. CHANDLER JEFFERY S. BARNETT JEFFREY J. MOORE J. FOSTER CHAPMAN MICHELLE N. BARRETT PHILIP E. MORGAN MATTHEW V. CHAUVIERE PHILIP ANTHONY BASSO, JR. ROBERT B. MOYLE SHIHSHIANG CHENG DOUGLAS L. BATSON THEODORE W. MUNCHMEYER JOONE H. CHOI ELIZABETH ANN BEECHER ANDREW M. NISBET REBECCA A. CHRISTI MICHAEL ALAN BOUTET ERICH C. NOVAK HANNAH K. CHUNG ROLANDRIAS BRADFORD DANIEL E. OCONNELL III PETER CHUNG JEFFREY E. BRETT WILLIAM DONALD OHARA III CHERYLL A. CLARK PATRICIA A. BREWER GINA M. OLIVER RICHARD A. CLARK ANTHONY P. BRUSCA JOHN M. OLSON MARIA K. COGANOW RICHARD L. BURCHFIELD TYLER D. OTTEN JEAN M. COVIELLO MALLE BRENT A. CALDWELL ROBERT P. PALMER BRADLEY C. COWLEY HEATHER F. CAPELLA PERRY V. PANOS JASON W. CROMAR MICHELLE L. CARPENTER ADRIENNE PEDERSON JUSTIN A. CROP AUGUSTO CASADO WALLACE A. PENNINGTON ARISTIDES I. CRUZ, JR. RICHARD M. CASTO STEFANIE C. PERKOWSKI RAETASHA S. DABNEY STEPHEN G. CHAFE ROBERT J. PETERSON KRISTIN JOY DANIEL STEPHEN W. CHAPPEL DEBORAH A. PHARRIS CHRISTOPHER K. DAVID ROBERT W. CLAUDE JONATHAN M. PHILEBAUM BRETT W. DAVIES JODI ANN CLAYTON WILLIAM D. PHILLIPS, JR. BRIAN M. DAVIS KENNETH C. COON JEFFREY JAMES PICKARD RYAN E. DAVIS KENNETH R. COUNCIL, JR. CHARLES D. PLANER PHILIP M. DEMOLA DEBORAH K. CRICKLIN JACQUELINE M. POWELL EMANUEL DIAZALONSO SCOTT DAVID CROGG PAMELA J. POWERS PHILIP TAYLOR DOOLEY CHRISTOPHER E. CRONCE CASSANDRA PURYEAR BENJAMIN C. DUDLEY STEPHEN R. DAVIDSON MARC K. RATHMANN DELL P. DUNN WENDY R. DEEMER KEVIN C. RILEY ELIZABETH A. DWYER LAWRENCE R. DEIST DONALD CALVIN ROBISON STEPHEN B. EDSTROM STEPHEN G. DERANIAN DARRYL E. ROGERS OLIVER L. EDWARDS MARK M. DERESKY MARK J. RUCKH DEREK J. ELLINGSON JAMES D. DIGNAN EDWARD J. RYAN MELISSA R. ELLIS YARIAN MARC C. DIPAOLO PATRICK S. RYAN ANTHONY C. ESCHLIMAN RONALD A. DOLLESIN ROBERT J. RYSAVY II JULIA B. ESKUCHEN ANDREA P. DUNBAR JUDITH ANN SAULEY PATRICIA L. EVANS DERIN S. DURHAM STACEY L. SCARISBRICK ERIN E. EZZELL JAMES W. EDWARDS CAROL A. SCHIMMOLLER NATHAN P. FALK THOMAS K. ELMORE BARRY G. SCHRIMSHER ABIGAIL T. FEATHERS MICHEL C. ESCUDIE DENNIS L. SEYMOUR ANNA FELDMAN TIMOTHY J. EVELEIGH LARY C. SHORT BRENT A. FELDT PAUL R. FAST RUSTY E. SHUGHART MARY F. FINN DAMON S. FELTMAN GERRY A. SIGNORELLI BRENDAN M. FITZPATRICK ROGELIO B. FIGUEROA BRIAN D. SILKEY BRIGITTE ANNE FLANAGAN CARLOS A. FLORES CHRISTOPHER R. SIMPSON AVEN W. FORD JANICE E. FLOWERS DAVID H. SMITH JOSHUA S. FOWLER PATTI L. FRISBIE DAVID W. SMITH THERESA M. FREEMAN KENT B. FURMAN MICHAEL DAVID SMITH ELIZABETH M. GAIDA ERIC R. GERDES THOMAS K. SMITH, JR. AMY D. GARCIA MICHAEL J. GIGER BRYAN D. SPALLA JOSEPH A. GARCIA KARL E. GOERKE ANN M. STEFANEK KATHRYN K. GARNER BRUCE G. GOOTEE RONALD P. STEFANIK TODD M. GARRETT JAMES R. GRAY III LORI J. STENDER KATHRYN T. GATTONE RICHARD O. GRAYSON FRANK W. STEPONGZI STARRINA A. GIANELLONI PATRICIA ANNE GRIFFIN MAX J. STITZER KACEY C. GIBSON AUDRA R. GRINER DOUGLAS N. STRAWBRIDGE SARAH R. GLICK BRIAN C. GUTHRIE ROGER P. SURO KEVIN J. GOIST MARK ALLEN HALE ERIK D. SUTCLIFFE EDUARDO L. GONZALEZ KENNETH E. HALL JAMES S. TAGG STEVEN P. GRADNEY JEFFREY FRANCIS HANCOCK JAMES A. TRAVIS DAVID B. GRAHAM CHRISTINA M. HANDLEY WESLEY D. TRUE, JR. MATTHEW D. GRAHAM JOHN M. HANLON DENNIS J. TUTHILL THOMAS C. GRANA, JR. WILLIAM F. HARDIE DENSON H. TUTWILER AARON D. GRANT PAUL C. HARPER BENJAMIN T. VORHEES KEVIN D. GROVES JOHN G. HAYES, JR. CHRISTINA DESIREE VOYLES JODIE K. HAMER PATRICK WILLIAM HAYES EDWIN P. WAGNON III JOSHUA A. HAMILTON ROBIN LYNN HEIKKINEN GREGORY J. WEBSTER JARRETT HAMMER JON P. HEILEMAN ROBERT S. WEICHERT HEATHER M. HANCOCK REID M. HENLEY WILLIAM W. WHITTENBERGER, JR. ANGELA K. HANSEN MICHAEL F. HERNANDEZ LAUREL A. A. WIEGAND ABBY L. HARRIS KENNETH M. HERSTINE PAUL R. WIETBROCK WILLIAM B. HARRIS DEAN A. HICKS PATRICK T. WILLIAMS JEREMY S. HARWOOD STEPHEN M. HIGGINS GEORGE M. WILSON MICHAEL A. HEALEY DAMION HILL MARK FLOYD WILSON SCOTT A. HELLER

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BRANDON C. HEMPHILL JONATHON W. SCHWAKE STEVEN A. KHALIL TARA I. HERRINGTON WILLIAM HOGUE SCOTT, JR. CHRISTOPHER L. ROZELLE ANDREA L. HICKMAN WILLIAM A. SCROGGS III THE FOLLOWING NAMED ARMY NATIONAL GUARD OF ERICA M. HILL MUHAMMAD A. SHEIKH THE UNITED STATES OFFICERS FOR APPOINTMENT TO PAIGE M. HIXSON LAUREEN H. SHEYPUK THE GRADE INDICATED IN THE RESERVE OF THE ARMY CLINT HOANGQUOCGIA ROGER Y. SHIH UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: JOSEPH K. HOBBS MONICA M. SICKLER CHRISTEEN L. HODGE CHRISTY R. SINE To be colonel JONI K. HODGSON RAMAN P. SINGH MARK N. BROWN JUSTIN R. HOLLON JAMES F. SMALL JAMES R. MATHEWS JASON D. HOSKINS CLIFF R. SMITH KEVIN P. SHEEHY CHARLES T. HOWARD SHANNA R. SNOW JOHN M. STEWART JENNIFER L. HUDSON DAWN B. SPELMAN OJEDA BRIAN C. TRAPANI GREGORY L. HUNDEMER MATTHEW E. SPIGEL ANDREA W. JOHNSON ARIC D. STEINMANN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LESLEE B. KANE BENJAMIN M. STERMOLE TO THE GRADE INDICATED IN THE UNITED STATES ARMY MUHANNAD KASSAWAT MICHELLE M. STODDARD JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, REBECCA K. KEMMET RYAN C. STONER U.S.C., SECTIONS 624 AND 3064: JASON W. KEMPENICH ASHLEY ANN S. STORMS To be lieutenant colonel NATHAN M. KIM RORY P. STUART JOHN M. KITSTEINER SARAH M. SUNG SCOTT T. AYERS CHRISTY T. KLEINKE TEDMOND C. W. SZETO JAMES A. BARKEI KEITH W. KRAMER CHARLENE E. TALLEY ROBERT M. BLACKMON GEOFFREY N. KREDICH JULIE K. TERRY JENNIFER A. BREWER STEPHEN A. KUJANSUU ANDREW J. THOMPSON WILLIAM E. BROWN JULIE E. KUNKEL ADAM D. TIBBLE CHRISTOPHER B. BURGESS PAMELA B. LANDSTEINER RUSSELL C. TONTZ III MATTHEW A. CALARCO DAVID B. LEARY JOHN WILLIAM TUEPKER LAURA J. CALESE WILLIAM B. LEASURE CHARLA C. TULLY REBECCA K. CONNALLY TOBY F. LEES JOSHUA A. TYLER JOSE A. CORA MEGAN K. LEHR ERIC R. VAILLANT RYAN B. DOWDY TYLER T. LEIGH AARON N. VANZANTEN DAVID H. DRAKE SHERRY L. LEVIO STEPHEN E. VARGA JOSEPH M. FAIRFIELD JOHN LICHTENBERGER III VICTOR M. VARGAS WADE N. FAULKNER ALAN J. LICUP SARAH D. VAUGHN TOSHENE C. FLETCHER FREDILYN M. LIPATA AUDEY L. VEACH GRACE M. W. GALLAGHER CARRIE ANN RENEE LITKE UYEN P. VIETJE SHAWN W. GORDON KEVIN C. LOH KRISTOPHER M. WAGNERPORTER JOSEPH J. JANKUNIS PAMELA M. LOVELAND CHRISTOPHER J. WAGUESPACK TONYA L. JANKUNIS KRISTIN LUCY ADAM R. WALKER DEMARIS J. JOHANEK NICHOLAS SCOTT LUDWIG JOANNA L. I. WALKER FANSU KU RICHARD K. LUGER JASON A. WAUGH KELLY L. MCGOVERN BRANDY ERIN RANSOM LYBECK ROBERT S. WEATHERWAX SEAN C. MCMAHON MARK E. LYTLE LELAND H. WEBB WALTER E. NARRAMORE MICHAEL D. MACK MATTHEW D. WEIRATH TERRANCE J. ONEILL, JR. JOSEPH K. MADDRY BREA E. WHITEHAIR JOSEPH N. ORENSTEIN MICHAEL HOWARD MADSEN MATTHEW E. WICK PATRICK D. PFLAUM SEAN C. MALIN JESSE M. WICKHAM STEVEN M. RANIERI CHRISTOPHER T. MANETTA MEGAN R. WILLIAMS KHMELEV RUNO C. RICHARDSON KATHERINE A. MANSALIS RYAN J. WILLIAMS MARK A. RIES SEAN N. MARTIN WINNIFRED M. WONG JAVIER E. RIVERAROSARIO CHRISTOPHER T. MARTINEZ CHARLES T. WOODHAM JEREMY W. ROBINSON JASON C. MCCARTHY LINDA M. YINKEY LESLIE A. ROWLEY CURTIS R. MCDONALD CHRISTINA M. ZIMMERMAN WILLIAM J. SCHAEFER CATHERINE H. MCHUGH THOMAS C. ZIOLKOWSKI DANIEL J. SENNOTT ROGER J. MCMURRAY SHAUNA C. ZORICH TYESHA L. SMITH BRYANT R. MCNEILL ERIC K. STAFFORD ADAM W. MEIER IN THE ARMY WILLIAM M. STEPHENS ALEXANDER J. MENZE THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR ANGELA D. TUCKER MICHAEL J. MEQUIO APPOINTMENT TO THE GRADE INDICATED IN THE REG- LANCE B. TURLINGTON JASON D. MERRELL ULAR ARMY MEDICAL CORPS UNDER TITLE 10, U.S.C., KAY K. WAKATAKE GREGORY L. MESA SECTIONS 531 AND 3064: RANA D. WIGGINS DANIEL S. MICSUNESCU AMBER J. WILLIAMS KIMBERLY A. MILFORD To be colonel ROBERT J. MILLER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRENT R. MITTELSTAEDT JUDITH M. DICKERT TO THE GRADE INDICATED IN THE UNITED STATES ARMY MEISAM H. MOGHBELLI THE FOLLOWING NAMED OFFICER IN THE GRADE INDI- JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, MICHELLE A. MONRO CATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTIONS 624 AND 3064: TIMOTHY J. MOONEY, JR. U.S.C., SECTION 12203: To be major ELIZABETH A. MORGAN To be colonel CHRISTINA N. MORRIS RAYMOND R. ADAMS III JAMES E. MOSES HAZEL P. HAYNES DAVID A. AMAMOO CHARLES E. MOUNT III SCOTT A. BACALJA THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR BRYCE A. NATTIER TREVOR I. BARNA APPOINTMENT TO THE GRADE INDICATED IN THE REG- DAVID M. NAVEL JESSICA L. BOSSI ULAR ARMY MEDICAL SPECIALIST CORPS UNDER TITLE ANJELI K. NAYAR PAUL R. BOUCHARD 10, U.S.C., SECTIONS 531 AND 3064: HOLLY A. NELSON SARAH M. BRENNAN-DEJESUS THIENNGA P. NGUYEN To be major SHAWN C. BUTLER LISA M. NICHOLSON CARLOS A. CALDERON SAMUEL S. NOKURI LARISSA G. COON CHRISTOPHER A. CALLICOTT UZOAMAKA O. NWOYE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN K. CHOIKE THAD F. OCAMPO TO THE GRADE INDICATED IN THE RESERVE OF THE STEPHANIE R. COOPER ROBERT J. OCHSNER ARMY UNDER TITLE 10, U.S.C., SECTION 12203: BRADLEY M. COWAN CRYSTAL M. PALMATIER DANIEL W. DALRYMPLE SONJA I. PARISEK To be colonel JACQUELINE J. DEGAINE JEREMY D. PARKER STEFANIE D. LAST JASON M. DELOSSANTOS MICHAEL F. PARSONS TIMOTHY R. TOLBERT REBECCA N. DIMURO DANIEL I. PASCUCCI CAMERON R. EDLEFSEN THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR KRISTINA A. PAULANTONIO EMILEE O. ELBERT APPOINTMENT TO THE GRADE INDICATED IN THE REG- CHELSEA B. PAYNE TRAVIS W. ELMS ULAR ARMY MEDICAL CORPS UNDER TITLE 10, U.S.C., MELISSA L. PENNY BRETT A. FARMER SECTIONS 531 AND 3064: GABRIEL C. PEPPER JESSICA M. FARRELL CHRISTOPHER A. PERRO To be major ASHDEN FEIN AARON H. PETERSEN JONATHAN E. FIELDS NELSON A. PICHARDO JOSEPH T. NORA CHRISTOPHER S. GLASCOTT MATTHEW A. PIEPER WILLIAM D. O’CONNELL JULIE A. GLASCOTT ELIZABETH S. PIETRALCZYK THE FOLLOWING NAMED ARMY NATIONAL GUARD OF LAURA A. GRACE ERIC R. PITTMAN THE UNITED STATES OFFICERS FOR APPOINTMENT TO MATTHEW T. GRADY SHEA M. PRIBYL THE GRADE INDICATED IN THE RESERVE OF THE ARMY JESSE T. GREENE MITCHELL J. PROU UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: JONATHAN M. GROSS EUNICE I. PYUN CARAANN M. HAMAGUCHI FLORENCE V. QUINATA To be colonel FRANCES M. HAMEL MATTHEW H. RAMAGE MARK J. CAPPONE DESIREE K. HELMICK CRAIG M. RANDALL STEVEN S. HANSON HEATHER A. HERBERT CYNTHIA D. REED THOMAS H. WOMBLE STEPHEN M. HERNANDEZ ERIK M. REITE CHARLES D. ZIMMERMAN CHAD E. HIGHFILL JOSEPH L. RENO HECTOR J. HIGUERA JOSEPH S. A. RESTIVO THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR JOON K. HONG JACOB F. RIIS APPOINTMENT TO THE GRADES INDICATED IN THE REG- RYAN A. HOWARD ELIZABETH A. RINI ULAR ARMY MEDICAL CORPS UNDER TITLE 10, U.S.C., KEVIN M. HYNES SIMON A. RITCHIE SECTIONS 531 AND 3064: THOMAS P. HYNES ANDREW Y. ROBINSON To be lieutenant colonel BUNDHIT INTACHAI JOCELYN A. ROBINSON JACLYN C. JAHNKE OSCAR L. SANDERS LANCE D. CLAWSON ELLIOTT G. JOHNSON IN KYUNG KIM SANTIAGO To be major PETER G. JUETTEN ELIZABETH G. SARNOSKI NATALIE J. KARELIS VINCENT SAVATH THOMAS C. JOHNSON GERARD M. KENNA

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ADAM W. KERSEY JAMES F. MCNULTY, JR. THOMAS H. MEYER RYAN K. KERWIN MICHELLE D. MITCHELL DAVID B. MILLNER CHRISTOPHER M. KESSINGER SANDRA S. MUCHOW JAMES M. MINNICH WILLIAM C. KNOTT, JR. JOSE L. MUNIZ VICTORIA L. MIRALDA KEVIN D. KORNEGAY RANDY MURRAY DWIGHT R. MORGAN FRANK E. KOSTIK, JR. RANDAL W. NELSON MICHAEL C. MORTON STEPHEN E. LATINO COREY A. NEW TERRENCE L. MURRILL RYAN W. LEARY GREGORY D. PETERSON MICHAEL S. MUSSO KEVIN M. LEY SAMUEL L. PETERSON SCOTT T. NESTLER PAUL J. LLOYD KEVIN M. POWERS ANDREW A. OLSON AARON L. LYKLING MATTHEW F. RASMUSSEN ROBERT E. PADDOCK, JR. JOSEPH T. MARCEE JOHN T. REIM, JR. TIMOTHY J. PARKER DANIEL L. MAZZONE JENNIFER A. REINKOBER JAMES C. PARKS III EDWARD B. MCDONALD DANIEL K. RICKLEFF JAMES D. PATTERSON CHAD M. MCFARLAND WILLIE RIOS III DAVID W. PENDALL DALE C. MCFEATTERS RICHARD A. RIVERA LAROY PEYTON WILLIAM M. NICHOLSON WILLIAM M. ROBARE JOHN J. PUGLIESE DAVID M. ODEA DAVID G. ROGERS DANIEL P. RAY JENNIFER A. PARKER PAUL G. SCHLIMM PAUL B. RILEY MEGHAN M. POIRIER LOREN P. SCHRINER ANTHONY T. ROPER AARON S. RALPH TIMOTHY A. STAROSTANKO JAMES C. ROYSE JOSHUA T. RANDOLPH MARY B. TAYLOR SAM W. RUSS III JOHN D. RIESENBERG MARC D. THORESON MICHELLE A. SCHMIDT MICHAEL A. RIZZOTTI JACK L. USREY PAUL J. SCHMITT JESS B. ROBERTS MARVIN G. VANNATTER, JR. MARK R. SCHONBERG JILL B. RODRIGUEZ JOHN M. VANNOY KURT A. SCHOSEK JEFFREY H. ROHRBACH ALFREDO M. VERSOZA ANTHONY SEBO MICHAEL E. SCHAUSS ROBERT L. WHITE ALLEN D. SHREFFLER YOLANDA A. SCHILLINGER RALPH E. WILLIAMS JAMES D. SISEMORE JEREMY S. SCHOLTES TERRY M. WILSON, JR. SCOTT A. SMITH JOSEPH W. SHAHA DAVID L. WOOD DANIEL E. SOLLER TODD W. SIMPSON SIDNEY C. ZEMP IV CHRISTOPHER C. STENMAN TRAVIS P. SOMMER D006326 CLEOPHUS THOMAS, JR. LAWRENCE H. STEELE D004409 PETER J. TRAGAKIS WILLIAM J. STEPHENS D005059 SEENA C. TUCKER NEIL K. STEPHENSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT W. TURK WILLIAM N. SUDDETH TO THE GRADE INDICATED IN THE UNITED STATES ARMY WILLIAM TURMEL, JR. JOHN K. SUEHIRO UNDER TITLE 10, U.S.C., SECTION 624: JUAN K. ULLOA SARAH C. SYKES CRAIG S. UNRATH ANDRES VAZQUEZ, JR. To be colonel MARK T. VANDEHEI WENER VIEUX ROBERT A. WAGNER JAMES H. ADAMS III AMY E. WALTERS VINCENT M. WALLACE KEITH W. ANTHONY STEPHEN P. WATKINS JOHN A. WASKO MARIO A. ARZENO GLEN E. WOODSTUFF MICHAEL D. WEISZ ANTONIO E. BANCHS MADELINE F. YANFORD MICHAEL E. WERTZ EDMUND J. BARRETT PATRICK M. WHITE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES B. BOTTERS KEVIN R. WILKINSON TO THE GRADE INDICATED IN THE UNITED STATES ARMY ROBERT D. BRADFORD III SAMUEL E. WILLIAMS UNDER TITLE 10, U.S.C., SECTION 624: JOHN R. BRAY D002233 MICHELE H. BREDENKAMP To be colonel D010532 DAVID D. BRENNER D001104 STEPHEN K. AITON NICHOEL E. BROOKS D006581 LAWRENCE A. ANYANWU ENRIQUE N. CAMACHO-CERVANTES D010124 GREGORY S. APPLEGATE CARLA J. CAMPBELL G001305 DARRELL W. AUBREY CASIMIR C. CAREY III G001034 DAVID W. BANIAN TONY K. CHO ROBERT L. BARRIE, JR. FRANK S. CLARK III THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GREGORY G. BOYD PATRICIA S. COLLINS TO THE GRADE INDICATED IN THE UNITED STATES ARMY PAUL K. BROOKS GREGORY J. CONTI UNDER TITLE 10, U.S.C., SECTION 624: JOHNNY R. BROUGHTON STEVEN L. CREIGHTON To be colonel MICHAEL L. BROWN CHRISTOPHER G. CROSS, JR. EDWARD J. BURKE IV TONY B. CURTIS JOSSLYN L. ABERLE DOUGLAS R. CAMPBELL KENNETH L. CYPHER JAYSON A. ALTIERI JOHN R. CAVEDO, JR. PHILLIP J. DEPPERT PETER B. ANDRYSIAK, JR. STEPHEN T. CHENG MARK J. DERBER RICHARD E. ANGLE TOM L. CLADY GLENN K. DICKENSON ROBERT P. ASHE WILLIE D. COLEMAN KENNETH W. DOBBERTIN DAVID G. ATHEY MARK D. COLLINS PETER J. DON ROBERT T. AULT ANDREW C. COOPER TROY L. DOUGLAS DAVID C. BEACHMAN ANTHONY M. COSTON SCOTT C. DULLEA MILFORD H. BEAGLE, JR. SHANNON C. COX RODNEY DUNCAN PETER N. BENCHOFF HARRY R. CULCLASURE JENNIE M. EASTERLY CHRISTOPHER M. BENSON JOY L. CURRIERA ROBERT L. EDMONSON II MICHAEL K. BENTLEY JOSEPH G. DALESSIO WILLIAM L. EDWARDS KEVIN L. BERRY ANDREW M. DANWIN CHRISTOPHER L. EUBANK WILLIAM R. BLACK BILLY J. DAVIS SONYA L. FINLEY WILLIAM W. BLACKWELL JAMES E. DAVIS PAUL A. FISCHER THOMAS D. BOCCARDI CHRISTOPHER L. DAY BRIAN P. FOLEY DAVID R. BOLDUC STEVEN S. DEBUSK BRIAN R. FOSTER MARK E. BOROWSKI JAMES T. DELLOLIO FRANCIS V. FRAZIER IV CHRISTOPHER BOYLE ROBERT J. DIXON, JR. JONATHAN E. FREEMAN JIMMY M. BRADFORD ERNEST L. DUNLAP, JR. MARK C. GAGNON GREGORY J. BRADY THOMAS J. EDWARDS, JR. DANIEL R. GREEN TREVOR J. BREDENKAMP JOHN M. EGGERT TINA R. HARTLEY JOHN W. BRENNAN, JR. MARIA P. E. P. EOFF MARK A. HASEMAN JAMES D. BROWN MICHAEL D. EVANS BRENT H. HASHIMOTO ROBERT B. BROWN STEVEN W. FLETCHER, JR. THOMAS A. HAYS DEAN A. BURBRIDGE JOHN W. FRANCIS TIMOTHY J. HIGGINS WILLIAM J. BUTLER WILLIAM S. GALBRAITH DAVID J. HORAN ROBERT C. CAMPBELL OMUSO D. GEORGE KELSO W. HORST, JR. KEITH A. CASEY IRAJ GHARAGOUZLOO MARK J. HOVATTER KENNETH D. CHASE DAVID V. GILLUM DAVID P. JEWELL MARK W. CHILDS MOISES M. GUTIERREZ SEAN A. KEENAN WILLIAM CHLEBOWSKI DARYL P. HARGER PATRICK L. KERR JON J. CHYTKA MICHAEL J. HARLAN CHRISTOPHER W. KIRKMAN JOHN G. CLEMENT MORRIS J. HATCHER JEFFREY A. KLEIN RICHARD R. COFFMAN KEVIN G. HEBL ROBERT M. KLEIN ANDREW COLE, JR. GREGORY R. HOLMES KELLY T. KNITTER KIMBERLY M. COLLOTON RICHARD J. HORNSTEIN BERNARD F. KOELSCH ALEXANDER CONYERS PAUL D. HOWARD LINDA A. KOTULAN BRIAN C. COOK NATHAN B. HUNSINGER, JR. SEUNG J. LEE DANIEL J. CORMIER LIECHESTER D. JONES STEPHEN A. LETCHER MIGUEL A. CORREA CRAIG W. JORGENSON RODNEY L. LIGHTFOOT CHARLES D. COSTANZA STEPHEN E. KENT BRANDEE S. LOCKARD DANIEL D. DEADRICH IAN B. KLINKHAMMER NICOLAS J. LOVELACE FRANCISCO B. DECARVALHO PETER J. LANE IAN B. B. LYLES BRYAN E. DENNY ROBERT A. LAW III PATRICK B. MACKIN LEE R. DESJARDINS STEPHEN B. LOCKRIDGE NORA R. MARCOS KIRK C. DORR JEFFREY A. MADISON MICHAEL A. MARTI BRAD C. DOSTAL WILLIAM L. MARKS II MELINDA M. MATE MARTIN DOWNIE ERIC D. MARTIN DOUGLAS M. MATTY CARTER N. DUCKETT JOHNNEY K. MATTHEWS DAVID W. MAY FREDRICK C. DUMMAR DONALD M. MAYER SAM R. MCADOO JANELL E. EICKHOFF DARIEL D. MAYFIELD SHANNON J. MCCOY MICHAEL J. FARRELL JOHN V. MCCOY JEFFREY A. MCDOUGALL PAUL W. FELLINGER ALONZO B. MCGHEE WILLIAM M. MCLAGAN TIMOTHY P. FISCHER FRITZGERALD F. MCNAIR GREGORY C. MEYER, JR. COLLIN J. FORTIER

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DONALD R. FRANKLIN DONALD C. WOLFE, JR. ROBERT A. PETERSEN JAMES J. GALLIVAN ERIC W. ZEEMAN THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR VICTOR G. GARCIA, JR. WILLIAM H. ZEMP APPOINTMENT TO THE GRADE INDICATED IN THE BRIAN W. GIBSON TODD M. ZOLLINGER UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., JOSEPH P. GLEICHENHAUS D002143 SECTION 624: RAUL E. GONZALEZ THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR WENDY F. GRAHAM APPOINTMENT TO THE GRADE INDICATED IN THE REG- To be lieutenant colonel BRYAN S. GREEN ULAR ARMY MEDICAL SERVICE CORPS UNDER TITLE 10, JOEL D. HAMILTON JERRY R. COPLEY U.S.C., SECTIONS 531 AND 3064: AMY E. HANNAH JAMES R. TOWNEY RICHARD L. HANSEN To be lieutenant colonel THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR KENNETH J. HARVEY APPOINTMENT TO THE GRADE INDICATED IN THE DAVID E. HEATH JORGE M. RUANO-ROSSIL UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., KEVIN T. HENDERSON SECTION 624: ANDREW M. HERBST IN THE MARINE CORPS BRYAN P. HERNANDEZ THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR To be lieutenant colonel MICHAEL J. HERTZENDORF APPOINTMENT TO THE GRADE INDICATED IN THE ROBERT F. EMMINGER JOHNNY L. HESTER UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., MICHAEL G. MARCHAND MICHAEL J. HESTER SECTION 624: RICHARD D. HEYWARD THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR DONN H. HILL To be major APPOINTMENT TO THE GRADE INDICATED IN THE DAVID M. HODNE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., JONATHAN E. HOWERTON CRAIG J. SHELL SECTION 624: CURTIS B. HUDSON, JR. THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR To be major MICHAIL S. HUERTER APPOINTMENT TO THE GRADE INDICATED IN THE WILLIAM M. HUFF UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., CHRISTOPHER J. ALBRIGHT JAMES P. ISENHOWER III SECTION 624: DANIEL W. ANNUNZIATA SCOTT A. JACKSON To be major JAMES R. INGLIS KEVIN L. JACOBI CHRISTOPHER M. OSMUN BARRY G. JONES WILLIAM J. WRIGHTINGTON ZANE H. JONES THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR TIMOTHY M. KARCHER THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE TODD A. KEMPTON APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., CHRISTOPHER K. KENNEDY UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: SHAWN E. KLAWUNDER SECTION 624: To be major DANIEL C. KOPROWSKI PAUL K. KREIS To be major WINSTON D. BOYD II TIMOTHY C. LADOUCEUR JEFFREY S. LACORTE RAYMOND J. MITCHELL CHRISTOPHER C. LANEVE PERRY L. SMITH, JR. THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR RYAN J. LAPORTE MOSES A. THOMAS MICHAEL J. LAWSON APPOINTMENT TO THE GRADE INDICATED IN THE THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR JOHN W. LEFFERS UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., APPOINTMENT TO THE GRADE INDICATED IN THE CAMERON A. LEIKER SECTION 624: UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., MATTHEW R. LEWIS To be major SECTION 624: WILLIAM C. LINDNER DAVID P. MAUSER RUSSELL B. CROMLEY To be major MATTHEW W. MCFARLANE THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR STUART M. BARKER BRIAN J. MCHUGH APPOINTMENT TO THE GRADE INDICATED IN THE ROBERT G. MCNEIL, JR. M. S. MURPHY UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., CURTIS J. SMITH PAUL A. MELE SECTION 624: ROBERT L. MENIST, JR. BRYAN E. STOTTS JEFFREY M. METZGER To be major GREGORY E. WRUBLUSKI BRIAN M. MICHELSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHRISTOPHER P. DOUGLAS PETER G. MINALGA TO THE GRADE INDICATED IN THE UNITED STATES MA- SHAWN A. HARRIS THOMAS G. MOORE RINE CORPS RESERVE UNDER TITLE 10, U.S.C., SECTION MICHAEL J. MUSIOL THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR 12203: JODY L. NELSON APPOINTMENT TO THE GRADE INDICATED IN THE THOMAS NGUYEN UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., To be colonel RUMI NIELSONGREEN SECTION 624: LADANIEL DAYZIE DAVID M. OBERLANDER To be major JAMES E. FOX, JR. JOHN A. OGRADY CHRISTOPHER W. SCHARF JEFFREY T. ONEAL RICHARD CANEDO CHRISTOPHER D. THOMPSON EDWARD J. ONEILL IV MATTHEW C. FRAZIER MICHAEL J. ULSES BRENT M. PARKER AGILEO J. YLANAN, JR. GUY B. PARMETER THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR BRYAN E. PATRIDGE APPOINTMENT TO THE GRADE INDICATED IN THE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RICHARD T. PATTERSON UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., TO THE GRADE INDICATED IN THE UNITED STATES MA- JAMES P. PAYNE SECTION 624: RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: BRIAN L. PEARL To be lieutenant colonel To be colonel BRIAN S. PETIT RICHARD A. PRATT BRIAN T. THOMPSON EDUARDO A. ABISELLAN ANDREW D. PRESTON THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR JAMES H. ADAMS III SHAWN T. PRICKETT APPOINTMENT TO THE GRADE INDICATED IN THE MARCUS B. ANNIBALE CHRISTOPHER R. RAMSEY UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., MICHAEL P. ANTONIO MARK D. RASCHKE SECTION 624: JOHN ARMELLINO, JR. FRED L. REEVES, JR. ERIC E. AUSTIN ROBERT A. REYNOLDS To be lieutenant colonel BRAD S. BARTELT GORDON A. RICHARDSON JASON A. BEAUDOIN CHRISTOPHER N. RIGA MARK A. MITCHELL GRADY A. BELYEU, JR. JULIUS A. RIGOLE THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR WILLIAM C. BENTLEY III ADAM L. ROCKE APPOINTMENT TO THE GRADE INDICATED IN THE MARLIN C. BENTON, JR. HEATH C. ROSCOE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., BRENT W. BIEN STEPHEN C. SEARS SECTION 624: RUSSELL A. BLAUW ANDREW D. SEXTON JOHN A. BOLT THOMAS A. SHOFFNER To be lieutenant colonel MICHAEL J. BORGSCHULTE ALAN J. SHUMATE JUAN M. ORTIZ, JR. BRETT A. BOURNE GREGORY F. SIERRA MATTHEW C. BOYKIN HOLLY C. SILKMAN THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR ROBERT C. BOYLES DOUGLAS A. SIMS II APPOINTMENT TO THE GRADE INDICATED IN THE BRIAN E. BUFTON STEPHEN G. SMITH UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., WAYNE M. BUNKER MARK E. SOLOMONS SECTION 624: DAVID W. BUSSEL KARA L. SOULES To be lieutenant colonel MAX W. CAIN II EVERETT S. P. SPAIN DONALD C. CHIPMAN GEORGE W. STERLING, JR. BRIAN J. CORRIS JOHN P. CHRISTOPHER DAVID F. STEWART THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR PHILIP A. COLBORN SCOT N. STOREY APPOINTMENT TO THE GRADE INDICATED IN THE MATTHEW S. COOK SHAWN A. STROUD UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., KIRK F. CORDOVA PATRICK T. SULLIVAN SECTION 624: ANDREW L. CRABB TIMOTHY P. SULLIVAN SCOTT S. CREED GEORGE K. THIEBES To be lieutenant colonel VANCE L. CRYER GARRY L. THOMPSON OSSEN J. DHAITI JOSE M. THOMPSON KEVIN R. WILLIAMS PETER J. DILLON THOMAS J. TICKNER THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR CHRISTOPHER G. DIXON RICHARD F. TIMMONS II APPOINTMENT TO THE GRADE INDICATED IN THE DOUGLAS G. DOUDS SHAUN E. TOOKE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., CHARLES DOWLING VINCENT H. TORZA SECTION 624: JON D. DUKE JOHN A. VERMEESCH ERIC J. ELDRED JOEL B. VOWELL To be lieutenant colonel JOHN W. EVANS, JR. PATRICK M. WALSH CHRISTOPHER J. COX TODD R. FINLEY TODD E. WALSH DAVID C. FORREST MICHAEL E. WAWRZYNIAK THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR PHILLIP N. FRIETZE ANDREW J. WEATHERSTONE APPOINTMENT TO THE GRADE INDICATED IN THE RICHARD F. FUERST STEPHEN A. WERTZ UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., CHRISTOPHER D. GIDEONS RANDALL D. WICKMAN SECTION 624: STEVEN R. GIRARD CHRISTOPHER W. WILBECK To be lieutenant colonel THOMAS J. GORDON IV TODD P. WILSON REGINALD L. HAIRSTON DOUGLAS W. WINTON LEONARD R. DOMITROVITS SCOTT V. HALLSTROM

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DOUGLAS A. HAWKINS MICHAEL J. BALICH JAMES J. DELIA II ANTHONY M. HENDERSON JOHN R. BALLENGER CASEY G. DEMUNCK JAMES R. HENSIEN ANTHONY P. BARILETTI RYAN B. DENNIS THOMAS K. HOBBS CHRISTINE D. BARILETTI STEPHEN E. DETRINIS JEFFREY P. HOGAN JOSEPH N. BARKER CHRISTOPHER J. DETTLE KELLY P. HOULGATE JOSEPHUS E. BARNES SETH E. DEWEY MARC C. HOWELL JONATHAN F. BARR PHILLIP D. DIBELLA KEVIN M. HUDSON PAUL R. BARRON PAUL J. DIMAGGIO JAMES T. IULO MATTHEW D. BARTELS ALAN C. DINSDALE PRESTON W. JONES ROBERT I. BASKINS JOHN D. DIRK STEVEN P. KAEGEBEIN BENJAMIN K. BAYLESS DAVID R. DIXON, JR. DANIEL R. KAISER SCOTT E. BEATTY TRONG M. DO KENNETH R. KASSNER ELDON W. BECK RYAN P. DONAHUE MICHAEL J. KENNEDY MATTHEW J. BECK MICHAEL J. DONALDSON BRIAN J. KING DAVID BEERE BRIAN J. DONLON LAWRENCE M. LANDON RICHARD A. BEHRMANN THOMAS L. DONOHOO IV PETER N. LEE BEAU B. BELL ALEXANDER G. DOUVAS SCOTT D. LEONARD KEVIN L. BELL MATTHEW A. DOWDEN JAMES C. LEWIS THOMAS E. BELLAMY THADDEUS V. DRAKE, JR. MICHAEL J. LINDEMANN, JR. JUSTIN M. BELLMAN JOHN D. DRAPER DANIEL E. LONGWELL ERIN K. BERARD DAVID J. DREIER DOUGLAS J. MACINTYRE JAMES R. BERARD JOHN S. DUNN MICHAEL A. MANNING MICHAEL D. BERRY SIMON J. DURSO DAMIEN M. MARSH MATTHEW P. BEUCHERT ROBERT E. ECKERT, JR. SEAN M. MCBRIDE JOHN T. BIDWELL ANTONIO M. EDWARDS WILLIAM F. MCCOLLOUGH JOHN L. BINSTOCK MATTHEW J. EGAN KATHERINE M. MCDONALD BENJAMIN L. BLANTON JEFFREY P. EGGERS CHARLES A. MCLEAN II MICHAEL A. BLEJSKI ALEXANDER J. ELLIS MELANIE A. MERCAN STEPHEN J. BOADA JOSEPH C. ELSEROAD JOSEPH F. MONROE CHRISTOPHER F. BOKSANSKE TODD F. ESLINGER SAMUEL P. MOWERY JEB BOLEN HAROLD J. EVERHART ANDREW J. MOYER THOMAS E. BOLEN, JR. NATASHA M. EVERLY JOHN J. MURPHY III JOHN R. BOUTIN CHRISTOPHER M. EYRE CHRISTOPHER B. NASH TIMOTHY J. BOVE ROBERT A. FAIRLEY DAVID NATHANSON ERIK A. BOYCE JOHN D. FAIRMAN WILLIAM J. NEMETH ANNE M. BRADEN ZIAD N. FAKHOURY SETH L. OCLOO, JR. BARRET F. BRADSTREET TIMOTHY J. FARAG DAVID L. ODOM RICHARD J. BRIDGETT SCOTT C. FARRAR JOSHUA A. BRINDEL THOMAS C. FARRINGTON II MICHAEL H. OPPENHEIM JOSHUA H. BRINGHURST ALEXANDER FARSAAD MARK T. PALMER MARC W. BRINNEMAN AARON M. FAUST PHILIP M. PASTINO CHAD C. BROOKS TREVOR J. FELTER PAUL T. PATRICK LAWRENCE G. BROOKS BENJAMIN J. FIALA FRITZ W. PFEIFFER ANDREW P. BROUGHTON PAUL D. FISCHER JAMES E. QUINN BRANDON D. BROWN NATHAN A. FLEISCHAKER JOSEPH N. RAFTERY CHRISTOPHER J. BROWN GEORGE E. FLEMING JOHN A. RAHE, JR. DAVID L. BROWN GREGORY K. FLETCHER MINTER B. RALSTON IV ERIC A. BROWN RAYMOND P. FOERSTER MATTHEW G. RAU IAN T. BROWN CHRISTOPHER A. FORMAN ANDREW M. REGAN NEIL H. BRUBECK PATRICK J. FORREST DESMOND A. REID, JR. WILLIAM L. BRYSON, JR. CHRISTOPHER J. FORSYTHE WILLIAM H. REINHART SCOTT S. BUCHANAN SCOTT T. FORTNER PAUL M. RIEGERT CHRISTOPHER L. BUCK LUCAS S. FRANK DANIEL B. ROBINSON JOHN E. BUIS GEOFFREY J. FRANKS PAUL A. ROSENBLOOM MARC L. BULLOCK TYLER A. FREEBURG PETER S. RUBIN ADAM W. BURCH DUNCAN A. FRENCH ROBERT P. SALASKO THOMAS J. BURKE JONATHON T. FRERICHS SEAN M. SALENE BRADLEY A. BYERS BENJAMIN M. FRIEDRICK THOMAS B. SAVAGE CORY T. CALLISON JOEL D. FRITTS ERIC W. SCHAEFER JOHN F. CAMPBELL JOHN H. FRUSHOUR III ROBERTA L. SHEA KATHLEEN E. CAMPBELL DAVID I. FULLER, JR. MATTHEW M. SIEBER JARRAD S. CAOLA ADAM V. GABLE JEFFREY C. SMITHERMAN SEAN S. CARANO KENDRICK L. GAINES ROBERT J. SMULLEN ANDREW L. CARCICH TIMOTHY K. GALLAGHER, JR. KEVIN J. STEWART THOMAS W. CAREY ROBERT L. GAMBRELL III BENJAMIN P. STINSON CLARK D. CARPENTER TIMMOTHY B. GARRISON CRAIG H. STREETER WAYNE A. CARR, JR. ROSENDO GARZA, JR. DAVID A. SUGGS BRYCE W. CARTER ADAM C. GEITNER CHRISTOPHER A. TAVUCHIS SHAWN R. CASH ALEXANDRA V. GERBRACHT WILLIAM J. TRUAX, JR. CHRISTOPHER J. CELUSTA ROBERT P. GERBRACHT MICHELLE L. TRUSSO GREGORY R. CHAPMAN BRIAN D. GERSCHUTZ DANNY J. VERDA ROCKY L. CHECCA ROBERT A. GIBSON JOHN E. WALKER COLIN M. CHISHOLM AARON J. GLOVER TYE R. WALLACE ALLAN S. CHIU ANDREA L. GOEMAN HUGH R. WARE ROBERT M. CHRISTAFORE, JR. CARLOS M. GOETZ BENJAMIN T. WATSON LONNIE S. CHRISTIAN, JR. MATTHEW M. GOLDENSTEIN AARON S. WELLS ERIC S. CHRISTOPHE JULIO C. GONZALEZ, JR. CHRISTOPHER J. WILLIAMS MICHAEL P. CICCHI JASON R. GOODALE BRIAN N. WOLFORD JOHN P. CIMINA ALEXANDER E. GOODNO CALVERT L. WORTH, JR. JASON M. CLARK RYAN R. GORDINIER CHRISTIAN F. WORTMAN KEVIN L. CLARK GEORGE R. GORDY IV TYLER J. ZAGURSKI MICHAEL E. CLARK BRIAN P. GRAY WILLIAM E. ZAMAGNI, JR. VANESSA M. CLARK GERGORY A. GRAYSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RICHARD M. CLONINGER JEROME C. GRECO TO THE GRADE INDICATED IN THE UNITED STATES MA- THOMAS E. COGAN IV ROGER M. GREENWOOD RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: RYAN B. COHEN MITCHELL B. GREY To be major JASON M. CONDON AMELIA J. GRIFFITH JUSTIN J. CONDON JUSTIN C. GRISSOM OMAR A. ADAME MICHAEL T. CONTE ROBERT M. GROCEMAN AGUR S. ADAMS JONATHAN R. COOK CLARKE P. GROEFSEMA BRIAN A. ADAMS AUDIE T. COOPER CHRISTOPHER R. GROMADSKI ROBERT M. ADAMS DIONISIO G. COOPER ROBERT R. GRUBER MICHAEL M. AHLSTROM DAVID N. CORKILL BENJAMIN F. GUARDENIER CLINT W. ALANIS CARRIE E. CORNELIUS ARTURO GUZMAN, JR. SARAH M. ALCAIDE MARCUS P. CORNELIUS CASEY M. HAGER ANDREW J. ALISSANDRATOS CHRISTOPHER M. COWEN PATRICK M. HAINES, JR. JUSTIN D. AMTHOR MICHAEL C. CRAGHOLM KYLE D. HAIRE MARY C. ANDERLONIS KEVIN S. CROCKETT MATTHEW L. HALEY BELINDA L. ANDERSON ADAM P. CROMWELL MATHISON G. HALL JASON L. ANDERSON PAUL L. CROOM II PATRICK R. HALL LARS D. ANDERSON CHARLES E. CROWNOVER ANDREW J. HAMILTON NATHAN W. ANDERSON RYAN K. CURRY BRIAN R. HANRAHAN ANTONY J. ANDRIOUS NELS C. DAHLGARD JONATHAN T. HANSEN CHARLES E. ANKLAM III DAVID M. DALBY JAY D. HANSON WELLINGTON C. AQUINO JOHN A. DALBY TERRY D. HARPER III ROBERT C. ARBEGAST CASEY R. DALTON JERRY M. HARRE PHILLIP T. ASH ROBERT G. DANIELS JASON T. HARRIS JONATHAN C. ASHMORE DANA M. DARNELL KRISTOFER S. HARRIS MICHELLE B. AVILA CHRISTOPHER B. DAVIDSON RYAN N. HARSHMAN BRADLEE J. AVOTS CHRISTOPHER M. DAVIS CHARLES N. HART AARON M. AWTRY CLAY E. DAVIS MARYKITT B. HAUGEN DAVID J. BACHTA JEREMIAH J. DAVIS BENJAMIN J. HAWTHORNE DAVID T. BAILEY GREGORY R. DAY ADAM A. HECHT STEPHEN C. BAIR JEFFREY G. DEAN ALEX D. HEDMAN GLENN P. BAKER PHILLIP A. DEEBLE KATHERINE A. HEGG RYAN M. BAKER MICHAEL A. DEJESSO JEREMY A. HELFRICH MARK V. BALFANTZ WILLIAM E. DELEAL II SEAN M. HENNESSY

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CHRISTINA R. HENRY ALEXANDER LUGOVELAZQUEZ DAVID M. POST BRIAN J. HENSARLING TRACY A. MAESE BENJAMIN N. PRESTON CARLTON L. HENSLEY LEE S. MAHLSTEDE, JR. ROBERT R. PRICE ERIC J. HENZLER THOMAS J. MANNINO MICHAEL M. PROCTOR BENJAMIN R. HEREDIA MICHAEL W. MANOCCHIO BRIAN D. PSOLKA KEVIN R. HERRMANN BROCK A. MANTZ LANCE T. PUGSLEY BRIAN L. HILL RYAN A. MAPLE CHANCE D. PUMA DAVID A. HILL DOUGLAS H. MARCH CLARK T. PURCELL DAVID R. HILL DUSTIN J. MAREMA ERIK C. QUIST MATTHEW H. HILTON PAMELA K. MARSHALL LAWRENCE A. RAINEY, JR. BENJAMIN J. HINZ ALBERT M. MARTEL DONALD D. RANSOM, JR. DANIEL J. HIPOL ARMANDO J. MARTINEZ JASON B. RAPER JOHN J. HOFFNER DANNY MARTINEZ SCOTT F. RAPIN EDWARD V. HOLTON ALEXANDER A. MARTINI STEPHEN M. RAY EDWARD A. HOLTZ ALEKSANDR D. MARTINNIMS BRIAN T. REAL JEFFREY L. HORNE WILLIAM J. MATKINS PATRICK Z. REDDICK HARRY H. HORNING II ROBERT F. MAY NATHANIEL P. REDMAN HENRY J. HORTENSTINE TIMOTHY W. MAYER TERRANCE J. REESE BROCK A. HOUGHTON BRIAN F. MAZZOLA MICHAEL J. REGNER JUSTIN A. HOWE ALLEN R. MCBROOM BERT J. REININK JUSTIN W. HUBER NATHANIEL A. MCCLUNG ROBERT G. REINOEHL MICHAEL J. HUCK JAMESON B. MCGEE JASON T. REITZ TIMOTHY G. HUDSON MATTHEW J. MCGIRR PAUL E. REYES III JAMES R. HUEFNER JESSE A. MCKEEMAN CHRISTOPHER B. RHINEHART ERIC T. HUGG JUSTIN D. MCKINNEY ANDREW D. RICE JIMMIE D. HUGHES, JR. MICHAEL W. MCNEIL BRENT W. RICHARDSON KEVIN M. HUGHES DAVID P. MEADOWS MATTHEW E. RICHARDSON STEVEN R. HULS JORDAN A. MEADS JOSEPH W. RIVERA RYAN M. HUNT CHRISTOPHER J. MELLON PAUL M. RIVERA NICHOLAS A. HURNDON ANDREW R. MERKEL JOHN L. ROACH ROBERT P. HURST DAVID A. MERLES MATTHEW G. ROBERTS JAMES HUTCHINS CHRISTOPHER C. MEYER MATTHEW J. ROBERTS JONATHAN A. HUTCHISON BENJAMIN M. MIDDENDORF SARA F. ROBERTS BRIAN P. HUYSMAN WILLIAM F. MILES MASTIN M. ROBESON, JR. STEVEN L. INGLE JUSTIN T. MILLER JEREMY J. ROBIN JOSEPH F. IRWIN JANINE M. MILLS DANIEL J. ROBINSON DANIEL P. JAKAB AARON E. MILROY JOSHUA D. ROGERSON RICHARD A. JENNINGS KRISTY N. MILTON ALFREDO T. ROMERO II SVEN JENSEN RODNEY K. MIMS ERIN M. ROSA CLARENCE E. JERNIGAN III RAYMOND J. MIRENDA JOSHUA R. ROSALES RUSSELL V. JOHNSON IV MARK D. MIRRA CURTIS N. ROSE RYAN A. JOHNSON MICHAEL K. MISHOE, JR. MICHAEL W. ROSEN TROY A. JOHNSON ERIC D. MITCHELL MARK J. ROSENTHAL BRENTON L. JONES LEON M. MITCHELL MATTHEW A. ROSS JOSHUA J. JONES NICHOLAS J. MOLDER JAMES F. ROUCHON ROBERT L. JONES ROBERT B. MONDAY JASON RUBIN ROBERT M. JONES, JR. JOSE L. MONTALVAN NATHAN P. RUGE TITO M. JONES JOSEPH R. MONTEDORO HEATH E. RUPPERT JOHNNY J. JOURNEY WILSON M. MOORE DAVID T. RUSSELL DANIEL W. KAISER MARK D. MORGAN JOHN W. RUSSELL CHRISTOPHER L. KANNADY TODD E. MOULDER SEAN H. RYBURN ANDREW R. KANO AMANDA F. MOWRY DARYL T. SABOURIN DENNIS W. KATOLIN MICHAEL C. MROSZCZAK ADAM R. SACCHETTI THOMAS M. KEECH THEODORE J. MUGNIER MICHAEL R. SANDSTROM ERIN C. KELLOGG STEVE L. MUHA FRANK A. SAVARESE MICHAEL R. KEMPF ERIC M. MUICH JOHN A. SAX CHRISTOPHER J. KENNEDY JESSICA J. MULDER MARK L. SAYE MEGHAN A. KENNERLY NICHOLAS A. MURCHISON BENJAMIN A. SCHELLMAN JAMES G. KING FELICIA S. MURPHY ERICH C. SCHLOEGL ZAFFRENARD L. KING GILBERT E. MURRAY KEVIN H. SCHULTZ CALLEEN T. KINNEY PATRICK H. MURRAY BRIAN W. SCHWEERS ERIC D. KITT CORBIN M. MURTAUGH ADAM J. SCOTT KURTIS C. KJOBECH DANIEL R. MYERS MICHAEL A. SCOTT SCOT G. KLEINMAN DAVID B. MYERS DAVID B. SELMO JASON M. KLERK RICKY A. NAIL ARUN SHANKAR THOMAS D. KLINE CHARLES C. NASH GRADY O. SHARP DAVID L. KLINGENSMITH CHRISTOPHER C. NEAL JAMES J. SHEASLEY BRADFORD L. KLUSMANN ROBERT E. NEEDHAM KEVIN D. SHEPHERD CORY B. KNOX DAVID L. NEELY KEVIN M. SHIELS CHRISTINA A. KNUTSON RICHARD P. NEIKIRK CHRISTOPHER D. SHORE JOEL P. KNUTSON JEREMY S. NELSON TODD N. SHUCK JONATHAN P. KOCHERSBERGER FREDERIC R. NEUBERT FRANK SIERRA TIMOTHY J. KOCHMAN BERNADETTE M. NEWMAN ADELE M. SIMMONS DOUGLAS J. KOHLSTEDT SAMSON C. NEWSOME II JOHN H. SIMMONS WALKER C. KOURY PAUL J. NICHOLAS STEPHEN C. SIMS II MARK A. KOVAL LE E. NOLAN GARY S. SLATER MATTHEW T. KRALOVEC CHRISTOPHER L. NOLF CALVIN R. SMALLWOOD FREDERICK C. KRAMER JASON J. NOLLETTE DAVID S. SMITH, JR. KEVIN D. KRATZER ERIC R. NORTHAM, SR. MARK L. SMITH AARON R. KRUKOW DANIEL F. OBRIEN MATTHEW D. SMITH GERALD A. KRUSE III MICHAEL J. OBRIEN WILLIAM H. SMITH CHRISTOPHER C. KUEHNE EDWARD J. OCONNELL IV WILLIE J. SMITH, JR. SASHA J. KUHLOW BRIAN J. ODAY MICHAEL SMYCZYNSKI TIMOTHY J. KUHN MICHAEL J. OGINSKY EDWARD M. SOLIS CHRISTOPHER J. KUPKA MARCUS T. OHLENFORST ISMAEL SOTO JOHN D. LABIT BRIAN M. OLMSTEAD WILLIAM R. SOUCIE ARLEIGH B. LACEFIELD RUDYARD S. OLMSTEAD JAMES W. SPARKS, JR. KEVIN J. LAFRENIER JAKE A. OLSON TIMOTHY R. SPARKS ANDREW T. LAKE ERIC J. OLSSON JOSHUA A. SPERLING CHRISTOPHER P. LANUM JASON M. ONEIL JOHN M. SPOHRER BRIAN D. LAPOINTE KELLI A. ONEIL JOHN K. STANDEN BLANCA E. LARA CHRISTIAN A. ORTIZ CHRISTOPHER J. STARK ERIC H. LARSEN MICHELLE L. OVER CHRISTOPHER B. STEBBINGS CHRISTOPHER E. LARSON LUKE G. PARKER JEFFREY D. STEELE CHRISTOPHER L. LATIMER ALEXIS L. PASCHEDAG JOSEPH P. STEINFELS NATHANIEL T. LAUTERBACH MATTHEW R. PASQUALI WILLIAM STEINKE BRIAN E. LAWSON MICHAEL P. PAVIS LISA D. STEINMETZ CHRISTOPHER B. LAWSON MATTHEW R. PEARSON PAUL W. STEKETEE JOHN D. LAWTON STEVEN R. PEDERSON KEVIN J. STEPP DEVAUNT Z. LECLAIRE BRIAN A. PELL BRANDON M. STIBB HO K. LEE JASON P. PELLERIN MATTHEW A. STIGER JEFFERY T. LEE CLAYTON R. PENTON NATHAN J. STORM RICHARD H. LEE JONI W. PEPIN ADRIENNE M. STRZELCZYK BRETT W. LEFFLER MICHAEL A. PERKINS RAFE L. STUCKEY ZACHARY J. LEHMAN MICHAEL T. PERROTTET JEFFREY I. STUDEBAKER ROE S. LEMONS BETHANY S. PETERSON ROBERTO SUAREZ MATHEW K. LESNOWICZ CHRISTOPHER L. PHILLIPS CLIFFORD C. SUTCLIFFE MARSHALL J. LEWIS LYNWOOD K. PHILLIPS, JR. JOSEPH A. SWEAT MICHAEL A. LIGUORI EDUARDO J. PINALES DEREK L. SWENNINGSEN JAMES R. LINDLER DENNIS D. PINCUMBE SCOTT W. SYMONS MICHAEL S. LINHARES JESSE R. PITZRICK DARREN S. SZERDY HAROLD E. LLOYD III ROBERT A. PLAGMANN MARK A. TACQUARD, JR. PAUL D. LOBALBO JESSE D. PLETTS DURAND S. TANNER THOMAS F. LOCKWOOD MICHAEL E. PLUCINSKI ERIC C. TAUSCH CLARENCE E. LOOMIS, JR. WILLIAM G. POLANIA MATTHEW G. TAVERNIER JEFFERY D. LOOP JEFFREY A. POLSON ERIC J. TAYLOR WILLIAM A. LORD, JR. SHANELLE A. PORTER TODD J. TEDESCHI

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ERIC P. TEE BRYAN C. WELLES THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR ANDREW E. TERRELL BRIAN K. WELSH APPOINTMENT TO THE GRADE INDICATED IN THE JEFFREY M. TEW KARL C. WETHE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., BJORN E. THOREEN JOHN P. WHEATCROFT SECTION 624: ALAN B. THORNHILL CHARLES G. WHEELER III RYAN J. THRESHER ELISHAMA M. WHEELER To be lieutenant colonel CLARENCE W. TINNEY RANDALL D. WHITE TIMOTHY T. RYBINSKI JACOB J. TOMLIN RYAN D. WHITTY BERT S. TOMPKINS, JR. DAVID S. WILLIAMS IN THE NAVY JAVIER TORRES ROBERT E. WILLIAMSON GREGORY J. TRAVERS II ALEXANDER R. WILSCHKE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PAUL D. TREMBLAY RODNEY G. WILSON TO THE GRADE INDICATED IN THE UNITED STATES NAVY ANTHONY C. TRIVISO TRAVIS J. WISNIEWSKI RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: JAMES A. TROTTER STEWART L. WITTEL, JR. CHAD E. TROYER MICHAEL R. WOODARD To be captain DAVID P. TUMANJAN JAMES M. WOULFE JOHN D. WILSHUSEN BRANDON H. TURNER PAUL M. WRIGHT THOMAS B. TURNER SHANA R. WRIGHT THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- CHARLES C. TYLER JOSEPH O. WYDEVEN MENT TO THE GRADE INDICATED IN THE REGULAR NAVY ANIEMA G. UTUK MARCUS K. YASUMATSU UNDER TITLE 10, U.S.C., SECTION 531: VINCENT S. VALDES CHARLES W. YEAGER IV MICHAEL L. VALENTI JOLEEN M. YOUNG To be lieutenant commander SIMON P. VANBOENING WYNNDEE M. YOUNG WILLIS E. EVERETT JOHN E. VAQUERANO BRYAN W. YOUNGERS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAIR VARGAS DAVID Z. ZARTMAN TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRIAN J. VOGEL CHRISTINA F. ZIMMERMAN BRUCE W. VOGELGESANG UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR ROCKY VROMAN APPOINTMENT TO THE GRADE INDICATED IN THE KATHRYN E. WAGNER To be lieutenant commander UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., BRENDAN M. WALSH SECTION 624: JAMES T. GILSON WILLIAM J. WARKENTIN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHRISTOPHER J. WARNAGIRIS To be major IN THE GRADE INDICATED IN THE REGULAR NAVY MICHAEL S. WASHAM UNDER TITLE 10, U.S.C., SECTIONS 531 AND 5582: MICHAEL C. WAUGH ARLINGTON A. FINCH, JR. DANIEL A. WEBER BENNY B. JONES To be commander JOSEPH H. WELCH ALAN T. KRAUS JAYSON M. WELIHAN KEVIN M. TSCHERCH CHRISTOPHER A. MARTINO

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