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

Vol. 158 WASHINGTON, THURSDAY, JANUARY 26, 2012 No. 12 House of Representatives The House was not in session today. Its next meeting will be held on Friday, January 27, 2012, at 11 a.m. Senate THURSDAY, JANUARY 26, 2012

The Senate met at 9:30 a.m. and was I pledge allegiance to the Flag of the WELCOMING THE GUEST called to order by the Honorable TOM United States of America, and to the Repub- CHAPLAIN UDALL, a Senator from the State of lic for which it stands, one nation under God, Mr. VITTER. Mr. President, it is my New Mexico. indivisible, with liberty and justice for all. true honor and distinct pleasure—joy, PRAYER f really—to help host Reverend Smith today. As the Acting President pro The PRESIDING OFFICER. Today’s tempore said, Reverend Smith is the opening prayer will be offered by Rev. APPOINTMENT OF ACTING senior pastor of the Mount Zion Mis- James E. Smith, senior pastor of PRESIDENT PRO TEMPORE sionary Baptist Church in Pioneer, LA. Mount Zion Missionary Baptist Church The PRESIDING OFFICER. The He is from Rayville, LA. All of this is in Pioneer, LA. clerk will please read a communication The guest Chaplain offered the fol- in northeast Louisiana, the Monroe to the Senate from the President pro area. lowing prayer: tempore (Mr. INOUYE). Let us pray. Reverend Smith is very distinguished The assistant legislative clerk read Our Almighty God says, in 2 Chron- and has brought real hope to so many the following letter: icles, ‘‘If my people, which are called people in so many communities in that by my name, shall humble themselves, U.S. SENATE, area—first of all, as a spiritual leader, and pray, and seek my face, and turn PRESIDENT PRO TEMPORE, the leader of his congregation and so Washington, DC, January 26, 2012. many others; secondly, as a true leader from their wicked ways; then will I To the Senate: hear from heaven, and will forgive Under the provisions of rule I, paragraph 3, in fighting truancy, fighting dropout their sin, and will heal their land. Now of the Standing Rules of the Senate, I hereby rates very effectively, and also devel- mine eyes shall be open, and mine ears appoint the Honorable TOM UDALL, a Senator oping good jobs through many school attent unto the prayer that is made in from the State of New Mexico, to perform systems. But the third point I really this place.’’ the duties of the Chair. want to make is that I am most joyful Lord, please grant our lawmakers the DANIEL K. INOUYE, to help host him today because he is a humility to know that complete con- President pro tempore. true and a good and a tremendously sensus on most of the moral, religious, Mr. UDALL of New Mexico thereupon supportive friend. I know that from or political issues of these times is be- assumed the chair as Acting President personal experience, from personal yond their control. Only You, Al- pro tempore. counsel and encouragement, and so do mighty God, can move this body to The ACTING PRESIDENT pro tem- so many other Louisianans know that, seek Your wise counsel and live to pore. The majority leader. and we cherish the reverend in that honor You above all else. very personal way. So I am truly hon- As Apostle Paul says, in Ephesians, f ored and delighted to be able to intro- ‘‘Endeavour to keep the unity of the duce the Senate to Reverend Smith. Spirit in the bond of peace. There is ORDER OF BUSINESS one body, and one Spirit, even as ye are f called in one hope of your calling.’’ Mr. REID. Mr. President, the guest May God bless America. Amen. Chaplain is from the State of Lou- isiana. It is my understanding Senator RECOGNITION OF THE MAJORITY f LEADER VITTER would like to say a few words, PLEDGE OF ALLEGIANCE so I yield to him. The ACTING PRESIDENT pro tem- The Honorable TOM UDALL led the The ACTING PRESIDENT pro tem- pore. The majority leader is recog- Pledge of Allegiance, as follows: pore. The Senator from Louisiana. nized.

∑ 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 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with S82 CONGRESSIONAL RECORD — SENATE January 26, 2012 SCHEDULE fewer people. What does that mean? cently to a country that for much of Mr. REID. Mr. President, following For the last three decades, the rungs the past 50 years has ranked among the any leader remarks this morning, the on the ladder to success have grown world’s most isolated and oppressed by Senate will begin consideration of the farther apart instead of closer to- its own government. Many of us won- motion to proceed to H.J. Res. 98, gether, and the farther apart those dered if things would ever change in rungs grow, the fewer Americans climb which is a joint resolution relating to Burma, but after my recent visit I am that ladder. The farther apart those the disapproval of the President’s exer- pleased to say that change is clearly in rungs are, the fewer Americans make it cise of authority to increase the debt the air. It appears that Burma has into a disappearing middle class. made some progress toward democracy limit. The time until noon will be for We just weathered the worst reces- debate on the motion to proceed and is in the past 6 months—made more than sion since the Great Depression, but it has in the last decade. As one who equally divided between the two lead- the financial collapse of 2008 was not ers or their designees. At this time, I has taken a strong interest in Burma the cause of the problem, it was a for over 20 years and as the lead author designate whatever time we have on symptom of the problem. It was a this side to the chairman of the Fi- in this Chamber of an annual sanctions symptom of a system that is rigged to bill aimed at encouraging the Burmese nance Committee, Senator BAUCUS. At pay off for a few but leave many be- Government to reform, I can tell you noon, the Senate will vote on that mo- hind, and it is time to even the playing tion to proceed to H.J. Res. 98. this is welcome news. field. On this trip I had the opportunity f As we rebuild our economy, let’s re- and privilege to meet with a woman build it to last. Let’s rebuild it to work REBUILDING THE ECONOMY who for over two decades has embodied for every American, regardless of the the struggle for peace in her oppressed Mr. REID. Mr. President, in 1946 size of their bank account. This week, country. After Aung San Suu Kyi’s po- President Obama laid out a vision to do President Harry Truman delivered his litical party won 80 percent of the vote just that. first State of the Union Message. This in a free and fair election back in 1995, was the first State of the Union Mes- The President’s plan will spur manu- facturing. It is time to reward compa- the Burmese military regime dismissed sage since the end of World War II. The the results and kept her under house trials of war were behind us but new nies that ‘‘make it in America’’ and end giveaways to companies that ship arrest for the last 22 years—most of the challenges laid ahead. Truman laid out time for the last 22 years confined at a vision for not only how America jobs overseas. It will reduce our reli- ance on expensive foreign oil. It is time home. Scores of other political reform- could survive those challenges but ers during that period were jailed or thrive in the modern world. He de- to rely on plentiful, homegrown, re- newable energy sources, in spite of the tortured, and the regime waged a bru- scribed the path forward in simple tal campaign against ethnic minori- words. He said: fact that President Obama said that just less than 10 years ago we were im- ties, driving many of them out of their Our basic objective—toward which all oth- porting 60 percent of the oil and now it homes and into refugee camps. But by ers lead—is to improve the welfare of the her courage and her patience that jus- American people. is less than 50 percent. We are pro- ducing more oil than we have in about tice delayed would not be justice de- That meant economic prosperity. It a decade, and that is good, but we need nied, Aung San Suu Kyi has kept the meant Social Security and unemploy- to make sure the future is one of re- hope of freedom in her country alive. I ment insurance. It meant an oppor- newable energy. The plan will ensure have long admired her from afar. She tunity for higher education, access to that today’s students have the skills to once took a great risk to smuggle out medical care, and the dream of home become tomorrow’s workers. That is of Burma a letter thanking me for my ownership. the only way to keep pace in a com- support, a letter I have proudly kept to The goal, he wrote, was ‘‘that we be- petitive world economy. And it will re- this day. But never did I think I would come a well-housed people, a well-nour- turn this country to the core value get to meet the Nobel laureate in per- ished people, an educated people, a peo- that has always made it a great coun- son. It was quite a moment. ple socially and economically secure, try—a country of fairness. Everyone Following an election in 2010 that an alert and responsible people.’’ And must share the prosperity as well as was widely thought to be unfree and in the three decades that followed that the responsibility, and every person unfair, the new civilian government in vision, that was reality. The middle and every corporation must play by the Burma, to the surprise of many of us, class was never larger, never stronger, same rules. That value encouraged has made undeniably positive steps to- and it had never been easier to become three decades of growth after World ward reform. In addition to releasing a part of that middle class. That is the War II, and it can make America grow Suu Kyi from house arrest, scores of way it was. Through hard work and in- again. other political prisoners have been genuity, Americans prospered together. I look forward to working with my freed. During my visit last week, I For three decades after World War II, colleagues on both sides of the aisle to spoke with two who had just been re- the rungs on the ladder to success grew make this vision of fairness a reality. leased days before my arrival. closer together, but in the three dec- I suggest the absence of a quorum. One of the longest standing armed ades that followed, something changed. The ACTING PRESIDENT pro tem- conflicts in the world—the Burmese The goal was the same—to be a well- pore. The clerk will call the roll. Government’s campaign against the housed, well-educated nation of respon- The assistant legislative clerk pro- ethnic minority called the Karen—has sible and economically secure people— ceeded to call the roll. apparently been brought to a close. Mr. MCCONNELL. Mr. President, I but for many, reaching that goal be- Many Karen people who fled Burma ask unanimous consent that the order came very difficult—certainly more now call Kentucky home. I had the difficult. Incomes skyrocketed for the for the quorum call be rescinded. The ACTING PRESIDENT pro tem- chance to meet with many of them and richest few, but they stalled for the pore. Without objection, it is so or- other refugees from Burma, now reset- rest, and the middle class lost more dered. tled in Kentucky, at Louisville’s Cres- and more ground. cent Hill Baptist Church this past Sat- Today, the richest 1 percent holds f urday. I enjoyed meeting with those nearly half of all the wealth in this RECOGNITION OF THE MINORITY folks and was pleased to relay to them country. Today, the richest 1 percent LEADER the same message I share with my col- takes home a quarter of all wages. In- The ACTING PRESIDENT pro tem- leagues today that change is indeed in come, personal income—1 percent pore. The Republican leader is recog- the air in their country. takes 25 percent of that. I repeat, the nized. Because of all of these positive devel- richest 1 percent holds nearly half of opments, I applaud Secretary Clinton’s f all the wealth in this country. recent decision to exchange ambas- Americans are working just as hard BURMA sadors with Burma for the first time in as they worked 60 years ago, but that Mr. MCCONNELL. Mr. President, I 20 years. Of course, the Government of hard work is paying off for fewer and wish to briefly discuss a trip I took re- Burma still has a substantial way to go

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with January 26, 2012 CONGRESSIONAL RECORD — SENATE S83 to achieve real and lasting reform. I to acknowledge how serious this issue the bills. It allows our country to meet would not support and I do not think is. Most Americans understand that we our promises to our citizens, and it the administration would support lift- cannot keep spending money we do not means there is money to provide the ing the sanctions that have been im- have on programs we do not need. Un- benefits to millions of seniors and vet- posed unless there is much further fortunately, the President does not erans whose families depend on them progress. seem to be one of those Americans. He every day to make their ends meet. The next steps will be elections to fill has no plan to get this crisis under con- We should remember why we are tak- 48 seats of the national parliament on trol, and he continues to act as if it ing today’s vote. Last August, Congress April 1. Suu Kyi intends to run as the really is not a priority. Has he noticed enacted the Budget Control Act of 2011. representative of the district with a how that is working out for Europe? We all remember it. This legislation re- significant Karen population. This Americans are worried and they are duced spending by $2.1 trillion. That election will give the new government frustrated. Middle-class families are was a budget action taken by the an opportunity to hold the first free doing without. Why can’t Washington? President and the Congress together and fair elections in Burma since 1990. Well, we believe it can. So today Re- that reduced Federal spending by $2.1 It also demonstrates the seriousness of publicans will send a simple message to trillion. It is a reduction. That is not its recent reform efforts. The govern- the White House: No more blank commonly understood, not widely ment must also fully and peacefully checks. Democrats have been in charge known, but that is the fact. And it pro- reconcile with Burma’s ethnic minori- of the Senate and the White House for vided a plan to raise the debt limit by ties. This is vital. Reports indicate 3 years. They have had the time they the same amount. It did so so that the that the military continues to engage need to figure this out. They have cho- Federal Government could meet its fi- in hostilities with the Kachin. That is sen the path of blame instead. They nancial obligations so we could keep certainly troubling. And questions have had their chance. They have made our promises. about Burma’s relationship with North it worse. We must do better. Today’s vote would reverse that Korea must be answered. f agreement in August. Voting to dis- As the new government enacts re- approve an increase in the financial forms, we should respond with mean- RESERVATION OF LEADER TIME limit is unreasonable. It would be very ingful gestures of our own in the hopes The ACTING PRESIDENT pro tem- much like your bank increasing your of encouraging further positive devel- pore. The leadership time is reserved. line of credit unless you tell them not opments from Burma’s leaders. Re- f to. Nonetheless, that is the issue we formers such as new President Thein are voting on and debating in the Sen- DISAPPROVAL OF THE PRESI- Sein, whom I also met on my trip, are ate. DENT’S EXERCISE OF AUTHOR- strengthened when they can show posi- Passing this resolution would mean ITY TO INCREASE THE DEBT tive results. Steps such as exchanging there would be no money to keep our LIMIT—MOTION TO PROCEED ambassadors with the United States promises. The United States would de- would enable them to do just that. Mr. MCCONNELL. Mr. President, I fault for the first time in its history. It My trip to Burma has filled me with move to proceed to H.J. Res. 98. would send a message to the world that hope for its people, hope that they will The ACTING PRESIDENT pro tem- the United States does not keep its one day be free to elect their own lead- pore. The clerk will report the joint promises. With all of the uncertainty ers and hope that every person regard- resolution by title. in the world, especially in Europe, that less of the ethnic group can enjoy equal The assistant legislative clerk read could have disastrous consequences. It rights and full protection under the as follows: could be a contagion. There could be a rule of law. It also reaffirmed for me Motion to proceed to Calendar No. 294, H.J. reaction, a debt spiral in the wrong di- that the desire to be free is absolutely Res. 98, relating to the disapproval of the rection, an interaction between the universal and that the patient yet per- President’s exercise of authority to increase two—the United States defaulting on sistent leadership of one woman can the debt limit, as submitted under section its debt and Europe—some countries make a tremendous difference. 3101A of Title 31, United States Code, on Jan- defaulting on theirs, perhaps Greece. uary 12, 2012. These are indeed exciting times for This is clearly the wrong time to all who care about the future of the The ACTING PRESIDENT pro tem- take an action that would leave the people of Burma. I know that includes pore. Under the previous order, the United States to be placed in default. a great many of my colleagues here in time until noon will be equally divided There would be disastrous con- the Senate. Burma has quite a long and controlled between the two leaders sequences for our economy alone, irre- way to go, but it is certainly moving in or their designees for debate on the spective of the repercussions and rever- the right direction. motion to proceed. berations around the world, especially The Senator from Montana is recog- f Europe. Our gross domestic product nized. would shrink by as much as 1 percent DEBT CEILING INCREASE Mr. BAUCUS. Mr. President, Ben- and more than $150 billion. We would Mr. MCCONNELL. Mr. President, a jamin Franklin once said, ‘‘Promises be defaulting. That default would com- few weeks ago President Obama asked may fit the friends, but nonperform- promise our credit rating. What would Congress to raise the Nation’s debt ance will turn them into enemies.’’ We happen if our credit rating was in jeop- ceiling. Today virtually every Repub- should be clear about what the debt ardy? It would cause interest rates to lican in the Senate will oppose that re- limit means and what it does not. Rais- skyrocket. Just think what would hap- quest. Washington needs to start ing the debt limit does not authorize pen if the United States, as we are spending less than it takes in, and our new spending. Let me make that clear. struggling to slowly get our economy future will be uncertain and our econ- Raising the debt limit does not author- going, was faced with a big spike in in- omy in danger as long as the President ize new spending. It does not mean an terest rates. That would stop the re- fails to lead on this crucial issue. increase in future spending. covery dead in its tracks. It would do President Obama’s record on the What does it mean? It simply means more than that. It would probably issue is absolutely clear. On the day he the United States will be able to meet plunge us back into recession. That is took office, the Nation’s debt stood at its obligations. Increasing the debt what would happen. Yearly prices for $10.6 trillion. Today it is $15.2 trillion. limit only permits the Treasury De- food, gas, and utilities would increase More spending, more debt, fewer jobs— partment to pay the bills we have al- by hundreds of dollars for American that is what we have gotten from this ready incurred. It does not authorize citizens. Americans could lose thou- administration, and now they want to new spending. It permits the govern- sands in retirement savings; that is, if make it worse. But we should be work- ment to pay the bills that have already we default and interest rates have to ing together to lower the debt, not hav- been incurred. They have been in- go up so much as a consequence of de- ing votes to increase it. curred. We owe the obligation. It says: fault. The President must be willing to face OK, we owe that. It is in the law, We have to act so investors would this crisis head-on. He must be willing passed. It is history. We have to pay want to invest in the United States. If

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with S84 CONGRESSIONAL RECORD — SENATE January 26, 2012 we default, U.S. businesses would not I yield the floor. motions. Meanwhile, everything bad be able to meet payroll much less ex- The ACTING PRESIDENT pro tem- that exists in the housing market and pand. Millions of Americans would not pore. The Senator from Utah is recog- in mortgage finance is blamed on the be paid. Millions more would lose their nized. evils of private business. That is a jobs. We are trying to get the unem- Mr. HATCH. Mr. President, I wish to great way to deflect regulatory failure, ployment rate down. This would cause express my disapproval of the Presi- but a terrible way to get private activ- it to go up dramatically. Default would dent’s request of a debt limit increase ity back into the housing arena. cause it to go up. If this passes, that of $1.2 trillion, which would place the The fact is, the housing bubble was would mean the United States would be total limit just below $16.4 trillion. caused by too much borrowing and the in default and jobs would be harder to The requested increase amounts to folks who egged it on. The results were find and unemployment would rise. nearly $4,000 of additional debt for not pretty. Global investors struck Americans would be unable to access every American man, woman, and against mortgage-backed securities credit to buy a home, a car, or take out child; and the total debt limit being re- issued in the United States, leading ul- loans for college. The housing market quested works out to over $50,000 per timately to a precipitous global strike would plummet again. The economy person. This would be a terrible burden on financial intermediation and mas- would fall into another recession or to impose on our children. sive government bailouts of financial even a depression. For many in Washington, including institutions. At a time when our economy is start- this President, this debt limit increase The experience with the housing bub- ing to show signs of recovery, now is is just a matter-of-fact necessity. ble caused by mortgage debt is being exactly the wrong time to risk a con- Watching the mainstream media, many replicated with the explosion of sov- traction. American workers, families, Americans might be surprised to even ereign debt. The bond vigilantes did and small businesses cannot afford know that it was set to happen. But strike against profligate eurozone that, to say the least. If today’s vote this is no small matter. This is not an countries, and they precipitously de- succeeds and causes a default, the Fed- inconsequential increase in the limit manded higher and higher interest eral Government would not have funds on Federal spending. rates to protect lenders from risks of to pay troop salaries. Federal spending is already out of default. This effectively shut entire What about SEAL Team 6 who took control, and we all know it. Our total countries out of the debt market. En- on Osama bin Laden? We read about debt is already greater than the size of tire countries face an inability to bor- them in the last couple of days res- our entire economy. I will repeat that: row at rates they can sustain. Absent cuing an American out of Somalia. Our total debt is greater than the size an ability to roll over debt, those coun- There would not be a SEAL Team 6, let of our entire economy. The debt ceiling tries have been forced quickly and vio- alone the other troops that would not increase being requested amounts to lently into fiscal restructuring, imme- be paid. Social Security benefits would nearly 8 percent of our entire gross do- diate austerity, and sometimes even not be paid. Just think of that. Medi- mestic product, or GDP, and the total partial default. care bills would not be paid. Think of debt limit being requested amounts to The President’s most recent request that. over 108 percent of GDP. That would to take on more debt follows the same These programs would all be in dan- place us in worse shape than many of bubble pattern that we know will lead ger if we were to default, and a positive the eurozone countries currently con- to devastation and losses. I, for one, vote here would cause default. We are fronting their devastating fiscal crisis. don’t wish for us to continue flirting voting on a motion to disapprove. That Given the recent experience in Eu- with catastrophe by encouraging bub- would hurt the families and seniors rope, it is disconcerting to hear re- bles with the fools’ gold that because who rely on these programs I just men- peated calls by the grow-government- rates are cheap we should borrow more. tioned. at-all-costs crowd to double down on We are on the edge of the cliff, and it We need to do all we can to help failed government initiatives to stimu- is time to carefully but deliberately these families make ends meet, not put late the economy by borrowing even take a few steps back. Rates may be their jobs and paychecks in danger. more. Rates are cheap, they say, so low today, but they can turn on a dime. There is no doubt that we need to work let’s continue riding this debt bubble When they do, the outsized Federal together to reduce the deficit. Every- as far as we can. Government we currently have will body agrees on that. We need to work We should have learned from the suddenly be exposed as unaffordable. together to get it done. Clearly, we housing bubble and the European sov- When that day comes, our creditors need to make changes to both revenue ereign debt bubble that bubbles pop can go on strike as quickly as they and the spending sides of the budget. rapidly and with great devastation. It have in Europe. That is clear. was not long ago that the grow-govern- Last summer we got a taste of what We need to do so in a way that ment crowd was mocking concerns is to come when we received the first doesn’t put jobs and economic growth about indebtedness in the eurozone, downgrade of U.S. sovereign debt in at risk. We need to do it, obviously, in taunting what they called ‘‘bond vigi- history from a major credit rating a fair and balanced way. That is why lantes’’ and saying that there was agency. Americans can never be al- the people in our States sent us here. nothing there to see. Interest rates will lowed to forget that this downgrade oc- As we do that, we can’t refuse to not go up. Don’t worry. Rates are low, curred under, and because of, this ad- meet our country’s obligations. There so borrow and spend. ministration’s fiscal stewardship. We have been many efforts to reduce the We know how this story ends. It was cannot risk what are likely to be fur- budget deficit, whether it was the not long ago that we saw the housing ther downgrades in the near future by Biden deficit commission, the so-called market participants, lured in by the raising the debt limit. supercommittee, and the many budget promise of an ever-bigger It is time to resist the siren song of proposals we talked about—Bowles- ‘‘McMansion,’’ being told: Don’t worry. cheap credit and put our focus back on Simpson and Rivlin-Domenici—and we Rates are low and housing prices never the job at hand, which is to allow the are getting closer and closer and we are fall. The government backs your mort- private sector to create jobs and to get going to get the job done. gage, so there is no risk. rid of the $1 trillion-plus deficits of the As we work on that, again, we cannot As outsized and highly speculative Obama Presidency, to get rid of our refuse to meet our country’s obliga- activity took place in the housing and mountain of debt that surpasses the tions, and we have to make sure we pay financial sectors, Federal regulators size of our entire economy, and to the bills we have already incurred. We ignored all warnings, failed to use their bring the size of our Federal Govern- need to show the world the United existing authority to promote safety ment back to its historical norms. States keeps its promises. We have to and soundness and, frankly, failed to Federal outlays as a share of our en- show people we live up to our word. do their jobs. To date, it is difficult, if tire economy averaged 18.6 percent I urge my colleagues to keep our not impossible, to come up with a sin- over the past 40 years. Under the cur- promises and to vote no on the motion gle name of a regulator who lost a job. rent administration, Federal outlays to proceed. In fact, many in the top slots got pro- represent 25 percent of GDP in 2009, 23.8

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with January 26, 2012 CONGRESSIONAL RECORD — SENATE S85 percent in 2010, and were estimated to cent of GDP over the past 40 years. Reducing income and wealth inequal- have been 25.3 percent in 2011. The cur- They are projected by our Congres- ity is a laudable goal. Yet my friends rent administration has engineered a sional Budget Office to reach nearly 19 on the other side of the aisle have Federal Government where outlays percent of GDP in 2013, 21 percent in not—and I repeat, have not—proposed represent 25 percent—one-quarter—of 2021, and 23 percent by 2035 under cur- new tax measures to generate greater our entire economy. The last time Fed- rent law. That is what they say. income equality through the Tax Code. eral spending represented such a large Even under the CBO’s so-called alter- The numerous permanent surtaxes on share of our economy was back in 1946 native fiscal scenario, CBO puts reve- the so-called rich or on energy pro- as the world began rebuilding after the nues as a share of GDP at around 18.4 ducers or on financial institutions have ravages of World War II. percent, higher than the long-run aver- not been offered with corresponding I guess this is what one of my col- age. Congress and the President should permanent reductions in taxes for oth- leagues meant when he said the other focus on the things they are capable of ers with lesser means. Rather, they day that America is in good shape. controlling. have been offered to promote more gov- Economic and job growth remain weak, Mr. President, Federal revenues come ernment spending and a permanently but Washington and the government from the economy, and as the economy larger government. They are perma- jobs it funds is doing just fine. recovers, CBO expects revenues to re- nent tax hikes used to pay for tem- The administration likes to talk cover and rise above historical norms porary stimulus or taxes on business to about economic fairness—about the relative to the size of the economy. fuel more spending or bailouts or gov- haves and have-nots. But ultimately The President and his allies are put- ernment jobs. the people in the best shape in this ting the cart before the horse. They Of course, no mention is made of economy are those who owe their live- want to increase revenues by raising what effect those taxes have on busi- lihoods to the Federal Government and taxes. But the real way to increase rev- nesses or private sector job creation. Federal taxpayers. When the 99 percent enues is to promote economic growth. No mention is made about the effect are being taxed to fund and fuel an Federal spending is something that those taxes have on the returns on re- ever-growing Washington bureaucracy, Congress and the President have full tirement portfolios of seniors, which we have what the President might call control over, however. Every Federal contain stocks and bonds of the vilified economic justice. dollar spent counts because Congress banks and energy producers and insur- There is no end in sight. After Fed- and the President decide to spend it. ance companies. The message to re- eral spending spiked in World War II as Our deficits and debt are on an tired seniors in Sandy, UT, is clear: the entire Nation mobilized to defeat unsustainable path because of You have been suffering for years the axis powers, it quickly ratcheted unsustainable spending. Yet with this through near-zero returns on bonds be- down, with Federal spending averaging debt limit increase, the President and cause of Federal Reserve policy. But his allies are confirming they are com- 16.5 percent of GDP in the 10 years that now you will just have to take it on the fortable with our government con- followed. Yet with President Obama, chin when the value of your pensions suming an ever-increasing share of the the ratchet only moved in one direc- fall because the Federal Government economy. tion, up. needs to tax business to get more rev- Equally of interest is the behavior of The President has made clear before that in the name of class warfare he is enue for union construction jobs or Federal spending relative to the size of comfortable raising taxes regardless of stimulus or for bailouts of mortgages the economy in those Clinton years, whether those tax hikes generate reve- of speculative housing investors. which many look back on as the golden Mr. President, my friends on the nues or decrease deficits and debt. With age of fiscal correctness. While Demo- other side of the aisle say they want his latest proposal to tax the so-called crats focus solely on the existence of more equality and more jobs but do not rich, he has shown again he is willing budgetary bliss despite higher tax rates to ignore the fact—the clear fact—we offer tax proposals that would generate under Clinton, they typically fail to have a spending problem not a revenue more equality through the Tax Code or mention how the budgetary bliss was problem. a better environment for job creation. generated. It is difficult to deny the To tackle our spending problem, Instead, they want to tax the so-called facts, which include a reduction in Fed- unsustainable government promises rich to get money for things such as eral outlays relative to GDP from 21.4 embedded in entitlement programs high-paid infrastructure contractors percent in 1993 to 18.2 percent by 2001, such as Medicare, Medicaid, and Social while fighting tooth and nail on behalf a 3.2-percentage point reduction. Security must be reformed. There is no of their union constituencies to retain During those years government re- budget analyst on this planet who does and even expand Davis-Bacon and Con- ceipts relative to GDP did rise from not identify entitlement reform as key tract Service Act coverage, which we 17.5 percent to 19.5 percent, a 2.0-per- to getting the Federal budget back on know costs taxpayers money and sti- centage point increase. But it is impos- track. Yet over the 3 years of the fles job creation. These kinds of sible to deny that the budget bliss was Obama Presidency, there has been no schemes have nothing to do with equal- largely generated by reducing the plan—no plan from the administra- ity. They have nothing to do with pro- share of the economy accounted for by tion—to deal with entitlements. moting as much job creation as pos- Federal spending. Of course, my friends The entitlement can is simply being sible. They have everything to do with on other side of the aisle pledge alle- kicked down the road, and to deflect the politics of division and with cro- giance to tax-and-spend economics. attention from our real fiscal chal- nyism. They wish to maintain a Federal Gov- lenges my friends on the other side of In the recent flurry of tax-the-rich ernment where spending amounts to the aisle resort to the politics of divi- surcharges offered by the other side, one-quarter of the size of the entire sion. Tax the evil banks and all will be each corresponding spending idea has economy. To them, Federal spending equal, just, and fair, they suggest. Tax been clearly directed to appease Demo- and big government are not problems; millionaires and billionaires no matter cratic constituencies—mostly unions, they are virtues from which good whether they are fat cats on yachts or again—and to build up campaign sea- things trickle down from government small business owners and all will be son talking points that say the only to preferred classes of people. equal, just, and fair, they suggest. thing standing in the way of Demo- They decry that a deep recession has The politics of division bears no crats’ do-goodery is Republican refusal caused government receipts as a share fruit. It is an economic dead end. Yet it to tax some easily demonized group. of GDP to fall below 15 percent and is elevated to the top of the President’s This might make for good politics, but argue in panic that the decline is proof agenda to divert attention from our it is no way to formulate fiscal policy, that taxes must be raised, while refus- bloated Federal Government. The taxes and it is no way to run a country. ing to acknowledge that the non- on the so-called rich or on evil finan- At first, to pay for a massive new partisan Congressional Budget Office cial institutions or evil energy pro- stimulus plan of the President, the projects that revenues as a share of ducers or evil insurance providers have Democrats wanted to limit deductions GDP will rise with economic recovery. been promoted in the interest of fair- for people earning $200,000 or more, Federal revenues have averaged 18 per- ness and equality. which in September of last year was

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with S86 CONGRESSIONAL RECORD — SENATE January 26, 2012 evidently how Democrats defined who By this view, these rich business own- ican jobs while he prevents them from was rich. Next came a proposed surtax ers would not even flinch if we in- being created by approving the pipe- of 5.6 percent on people earning $1 mil- creases taxes. After-tax profitability of line. lion or more to pay for the President’s hiring does not matter evidently, espe- While the President needs to approve stimulus scheme. I am guessing the cially when we view business earners as the Keystone Pipeline, I wish to again earlier definition of ‘‘rich’’ at $200,000 those evil rich. express my disapproval of the adminis- did not sit too well—or poll too well— Mr. President, I know in certain cir- tration’s Federal spending pipeline. with Democrats in high-income juris- cles it is fashionable to vilify business For 3 years, the administration has dictions, in places such as New York and hold the profit motive as the root lacked any serious and coherent budget and California. cause of mega-wealth. But the notion plan. The administration has refused to Next came a surtax of 0.5 percent on that business decisions, including hir- deal seriously, if at all, with tackling those earners to give funds to States to ing, will not be affected in the least by unsustainable entitlement spending. It help pay mostly union workers. higher taxes is truly bizarre. wishes to continue to practice the poli- Next came a surtax of 0.7 percent on The ongoing vilification of private tics of division in order to permanently those earners to help pay for a new businesses in America is shameful. enshrine a European-sized Federal Gov- Fannie-and-Freddie-like, government- Hard-working Americans who are by no ernment that absorbs over one-fourth sponsored enterprise called the infra- definition rich, but who work in mort- of the entire size of our economy. structure bank. gage markets and real estate markets Americans do not want this oversized Next came a permanent surtax of 3.25 and securitization markets and energy government. Americans do not want or percent on those earners for what was production markets and in financial need job-stifling tax hikes. Americans billed as a temporary payroll tax pref- markets, have been hit with a blanket do not need the Federal Government erence which, ironically, gives more to indictment from this administration running their lives and making their richer earners than it does to poorer that they are wrongdoers. choices. Allowing the debt limit to rise earners and gives nothing at all to the Of course, if they do wrong they need would only serve to promote things unemployed. to go to jail. But my experience with that Americans do not want and that Next came a long-term surtax of 1.9 the American people is, by and large, Americans do not need. percent on richer earners, again for the they play by the rules, seek to offer Therefore, I disapprove of the Presi- allegedly temporary payroll tax pref- useful products to their buyers, and dent’s request for a $1.2 trillion in- erence. look only for fair rewards for their ef- crease in the debt limit which would Mr. President, the pattern is clear. forts. They do not deserve to be vilified place the total limit at nearly $16.4 Democrats settle on their stimulus by the President and painted as pur- trillion, and I urge my colleagues to spending plan of the week, find out how veyors of tricks and traps to abuse similarly disapprove. much it will cost, and then find out their neighbors in order to buy yachts. I yield the floor. what surtax to slap on high earners, in- Again, anyone who breaks a law The ACTING PRESIDENT pro tem- cluding business income recipients. should go to jail. Any Federal regu- pore. The Senator from Oklahoma is That is how we get tax proposals with lator who fails to do their job should be recognized. rates of 5.6 percent, then 0.5 percent, fired. But the vast majority of Ameri- Mr. INHOFE. Mr. President, I first then 0.7 percent, then 3.25 percent, then cans who operate and work hard and wish to thank the Senator from Iowa 1.9 percent, and who knows what is honestly in business should not be for allowing me to move in front of going to come next. Never mind that shamed for their work. It would be far him; and I ask unanimous consent that businesses across this country have more appropriate to shame lawmakers at the conclusion of my remarks he be been clear that massive uncertainty who set tricks and traps in the Tax recognized. from the current administration’s poli- Code in order to get more money for The ACTING PRESIDENT pro tem- cies and proposals is holding back hir- the Federal Government to spend while pore. Without objection, it is so or- ing, job creation, and the economy. falsely selling their schemes as paths dered. Given the past few months of tax toward equality. Mrs. HUTCHISON. Mr. President, I rate roulette being played by the While President Obama seeks to take ask unanimous consent that I speak Democrats, is it any wonder families attention away from his historically immediately following the Senator and businesses lack the confidence to record-high deficits and Federal spend- from Iowa. take risks, make significant purchases ing that accounts for 25 percent of the The ACTING PRESIDENT pro tem- and grow the economy? economy and his jobs deficit and his pore. Is there objection? And never mind that the Joint Com- congressional relations deficit by iden- Without objection, it is so ordered. mittee on Taxation has told us ap- tifying some sort of ‘‘trust deficit’’ he Mr. INHOFE. Mr. President, let me proximately 34 percent of flow-through has with financial institutions, it is say to Senator HATCH and his remarks, business income, which tends to be imperative that he and Democrats in there has never been anyone I can re- small business income, would be sub- Congress do not spend the rest of this call who has been so relentless in try- ject to Democratic surtax proposals. year playing election-year politics. ing to stop all this deficit spending My friends on the other side of the People need jobs, and the Nation can- whom I associated with and served aisle ask us not to mind the effect on not afford to wait for the President and with in the Senate. job creators, even as the economy faces Democrats to get past November. One month ago we were standing massive joblessness. We need to stop the tsunami of job- here trying to pass a balanced budget If we abide by the recommendations crushing regulations and the runaway amendment to the Constitution and of the editors of the New York Times, regulatory agencies which continually Senator HATCH was right in the middle who are in lockstep with the Demo- stretch their authority in order to in- providing leadership. We wanted that cratic Party, we should not care about tervene into the economy and crush job to be a reality. more taxes on businesses. Indeed, in a creation. We need to reduce the time My activity with the balanced budget December 9 editorial last year, those needed for private sector projects to amendment goes all the way back to tax policy experts told us: clear the forest of regulatory and per- the 1970s, when then-Senator Carl Cur- For any savvy business owner, a surtax mitting redtape. We need to proceed tis was trying to preratify an amend- would have no bearing on hiring decisions. If immediately with known shovel-ready, ment to the Constitution. I was a State new workers are profitable before tax, they job-creating, and environmentally safe Senator at that time, and we were the will be profitable after tax, even if the em- projects such as the Keystone Pipeline. first State to preratify the Constitu- ployer has to pay slightly more of the profit Despite having cleared years of reviews tion. So we know it has been a real up- in taxes. and oversight and despite support from hill battle. It has been very difficult. This view perfectly encapsulates the virtually all interests—including I think it is important, though, and understanding of the economy held by unions but excluding radical environ- one thing that hasn’t been said in this those who have never created a private mentalists—it is inconsistent for the debate is why we have this deficit and sector job or worked to turn a profit. President to say he cares about Amer- why we have this debt. It is important

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with January 26, 2012 CONGRESSIONAL RECORD — SENATE S87 for people to understand, and I know are going in debt because we have a every year—or what will be every most people don’t. But to overly sim- President whose budget reflects over $1 year—for the 4-year period. But be- plify it a little bit: The debt is the re- trillion of deficit each year, and that is cause we all know it failed, we are fac- sponsibility of the President. It is not for four budgets. They talk about form- ing additional automatic spending cuts the Republicans, it is not the Demo- ing those commissions; they come out of $1.2 trillion. In exchange for this, the crats, it is not the House, it is not the with recommendations. Some of the President is going to be allowed to in- Senate; it is the President who puts to- recommendations, by the way, were crease the debt limit by $1.2 trillion to gether a budget every year. good, but the President rejected all a staggering level of $16.4 trillion. We have a President who put to- those recommendations. In fact, I That is a lot of money, and it is hard gether his first budget, and the Obama would say the only cuts he is willing to for people to understand. I think the first budget had a deficit of $1 trillion; go along with are cuts that are in our best way to explain it is, what he is the second budget he had in 2011 was national security spending. He has doing is he is administering an increase $1.3 trillion; then, last year, his budget decimated our military, and right now in the debt of more than this country deficit was $1.1 trillion. But if you stop we are looking at a reorganization that has sustained since the country’s be- and think about what has happened in is going to be an even more difficult ginning. the past, that 2011 deficit was going to situation to recover from after this In the President’s first State of the be much more than that because they President is gone. Union Message, he promised to cut have now upgraded that to $1.65 tril- By the way, when the President says Federal deficits in half by the end of lion. So we are talking about a Presi- he inherited deficits, it is interesting the first term, but we know what hap- dent who is going to have in excess of that when President Bush went into of- pened. $5 trillion in deficit, in the 4 years he fice, he took over a military that had Before we agree to an increase in the has been in office, by his own budgets. been cut down during the Clinton ad- debt limit, I think they are going to I remember back in 1996, when Presi- ministration by about 40 percent. That have to have some kind of reforms that dent Clinton came out with the first was back during the euphoric chant actually reduce spending to levels that $1.65 trillion budget and I was outraged that the Cold War is over and so we can put our Nation in a fiscally sound that we couldn’t sustain that kind of don’t need to have a military anymore, position. If we are serious about this and want spending. Yet that was to run the en- and so they did that. Right after that, to do something about the debt, want tire country of the United States of of course, we know 9/11 came. So Presi- to do something about the deficit, do America, and this is just the deficit dent George W. Bush did have deficits. you know how we can do it? It would be alone. His deficits averaged $240 billion a year very simple. All we would have to do is So it is estimated the President will for 8 years. Add that and it is $2 tril- repeal ObamaCare. That is all we would have presided over $14 trillion in spend- lion. But this President, in 4 years, will have to do. As already mentioned, the ing by the end of the year. By then, our have done nearly $6 trillion—three law is a fiscal nightmare, and it hasn’t national debt will be over $16.3 trillion, times as much as President George W. started yet. But as things stand, our making this President accountable for Bush did in 8 years. $15 trillion debt is weighing us down, increasing the national debt by about So we still have the problems. Unem- and now the President wants the au- ployment is ticking around 8.5 percent, $6 trillion. thority to add another $1.2 trillion to That is more debt than all Presi- the labor market is very weak, the reg- it. We can’t allow this to happen. dents, from George Washington to ulatory train wreck, and the regula- I know the President thinks he has George W. Bush, combined—one Presi- tions right now. People have talked an us over a barrel. What he has done now dent, in a 4-year period. awful lot about the deficit spending. three times in a row, and he is plan- Over the last couple years, the Presi- That is what we are talking about this ning to do it again, is say: If you don’t dent has been warned and warned and morning. I don’t want to confuse this do something about increasing the debt warned that we have to do something issue, but I wish to tell you the over- limit, we are going into default. He about it. He has ignored these warnings regulations we are having—here we talks about the horrible results that and instead went after the single larg- have a President who is now trying to are going to happen. But when would est contributor to the deficit and to invoke a cap-and-trade through regula- that end if we don’t have any sincere debt that this government is having; tion that he was not able to do through effort to stop the spending of the that is, government-sponsored health legislation. There is another cost that Obama administration? care. He did this with the passage of would be somewhere in excess of $300 Here is the last chance we have—the ObamaCare, a bill he talked about was billion, not once but every year. So the first chance we have is this resolution going to be fiscally responsible. In re- regulations, the train wreck is on its of disapproval that will be voted on. If ality, the bill will increase the Federal way. It is alive and well, and we have we can do this, then that is going to expenditures by $2.5 trillion in the first to do everything we can to try to stop shock the President into knowing he 10 years following the law’s full imple- it. has to be fiscally conservative. I am mentation. After that, it will only sky- So they came up with a deal. They not speaking on my behalf. I am speak- rocket. said: Let’s put together something ing on behalf of my 20 kids and Their own estimate on ObamaCare is, where, over a period of 10 years, we are grandkids who are going to have to pay after the first 10 years, it will go up $4.4 going to try to come up with $1.5 tril- for all this fun we are having. trillion in addition to the $2.5 trillion. lion. Keep in mind, that is over 10 With that, I yield the floor. We are talking about trillions, and years when this President does that The ACTING PRESIDENT pro tem- every time I hear a projected cost, I much in deficit each year. pore. The Senator from Iowa is recog- know it is going to be a lot more than So the first phase of this grand pro- nized. that. I recall back in 1967, when the gram they had was to increase the debt RECESS APPOINTMENTS House Ways and Means Committee pro- limit by $900 billion to the current Mr. HARKIN. Mr. President, as the jected what Medicare was going to level of $15.2 trillion. It was matched chairman of the Health, Education, cost. Medicare was put in, in 1966, and by discretionary spending cuts—or it Labor, and Pensions Committee, I wish they said by 1990 Medicare was going to was supposed to be—in the same to respond to some of the shrill rhet- cost $12 billion. Guess what happened. amount. Then the supercommittee oric and outright misinformation re- In 1990, it wasn’t $12 billion; it was $110 went to work to find $1.5 trillion. Keep garding President Obama’s recent re- billion—10 times more than what they in mind, we are supposed to have $1.5 cess appointments to the National were expecting. So I know this is going trillion to reduce as a justification for Labor Relations Board and to the Con- to cost a lot more than the $4.4 trillion increasing the debt limit, which we did sumer Financial Protection Bureau. they are projecting after the first 10 before, and that was over a period of When all the political grandstanding years. one decade. So they are trying to find is done, at the heart of this dispute is The President convened groups, $1.5 trillion over 10 years that this the ability of these two agencies to gangs, commissions to figure out, Why President has been accountable for in- carry out their congressionally man- is our Nation going so far in debt? We creasing the deficit, the same amount, dated functions. One is charged with

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with S88 CONGRESSIONAL RECORD — SENATE January 26, 2012 defending the rights of consumers and they would not confirm anyone to the supposed to have committed? First, the other defending the rights of work- position of Director unless structural they started a new initiative to make ers. changes were made to the Bureau that sure workers are aware of their rights Republican partisan obstruction and would effectively gut its ability to under law. In April of this year, em- filibusters prevented confirmation of stand for consumers. When the Presi- ployers will have to post a notice about nominees to lead both these agencies, dent refused, they filibustered and pre- National Labor Relations Act rights on which would have prevented their legal vented an up-or-down vote on this the office bulletin board, next to other authority to act. With the rights of nomination, leaving the consumer bu- longstanding notices about the min- millions of American workers and con- reau unable to fully interpret and en- imum wage, workplace safety, and sumers on the line, the President did force the law. other basic worker protections. This what was his duty to preserve the func- As a consequence, Americans across hardly seems to be an unreasonable tioning of two critically important the country were left in limbo, with burden. agencies—agencies that are essential limited ability to stand up to big banks Second, the NLRB prosecuted a case cornerstones of our efforts to rebuild and financial scam artists. Leaving the against a company that allegedly re- and restore our struggling middle Bureau so powerless was unacceptable, taliated against its employees for class. so the President had no choice but to going on strike. I spoke at length At a time when our Nation is en- use his constitutional authority to en- about this case last year, on numerous gaged in serious soul-searching about sure that this critical agency can con- occasions, on the floor of the Senate the demise of the middle class, the mis- tinue to perform its legislatively man- because there was so much misinforma- sions of the Consumer Bureau and the dated mission. tion about it. While the case was Labor Board have become particularly The ramifications of Republican ob- brought against a powerful company essential. These agencies are tasked struction were even more dire at the and became very controversial as a re- with the vital responsibility of stand- National Labor Relations Board, where sult, prosecuting retaliation cases is ing for consumers and workers against the impending loss of a quorum of unquestionably a necessary and impor- tant part of the NLRB’s responsibility. Wall Street and powerful corporations. members meant the Board would be- Indeed, the true significance of the come totally inoperable if the Presi- After all the fire and brimstone and all the threats from Republicans against debate over the President’s recess ap- dent did not step in to fill the vacan- this agency and the Governor of a cer- pointments is not about legislative or cies. Similar to the consumer bureau, tain State, as has happened in the past, secure power or the meaning of a pro the NLRB, as it is known, is a govern- this dispute was resolved by the com- forma session, but the true significance ment agency tasked with standing up pany and the union. It has happened so is about whether we will let the power- for working families. In its very text, many times in the past without us hav- ful and well connected use the political the very text of the law that created ing to do a thing about it. process to rig the system or if, instead, the Board, it established that the pol- Third, the National Labor Relations we will enact and enforce laws that icy of the United States is to encour- Board enacted a rule to standardize will give workers and consumers a age the process of collective bar- timelines for national elections. Under fighting chance at a decent middle- gaining. Senator Robert Wagner of New the act, after workers petition for an class life. York, the act’s author in 1935, ex- election, the NLRB holds a hearing to As a centerpiece of the Dodd-Frank plained that collective bargaining decide who should be in the bargaining bill to rein in the recklessness on Wall would increase the purchasing power of unit and who should not be. In recent Street, the idea behind the Consumer American workers and therefore aid years, many employers have started Bureau is simple. We need a cop on the our national recovery from the Great flooding that hearing with frivolous beat, looking out for the best interests Depression. This law was one of the litigation to stall the elections for of consumers who use financial prod- cornerstones of a new American eco- months or even years, while arguing or ucts, as we have regulators looking out nomic policy that created the largest appealing over every minor detail their for the financial health of banks, as we middle class in history, gave rise to the lawyers can imagine. The NLRB de- have a Food and Drug Administration, economic boom that transformed cided to fix this problem and make sure the FDA, looking out for the safety of America and the world, and brought workers get a vote in a reasonable pe- food and drugs for consumers or the economic security and a better life to riod of time. The Board said workers Consumer Product Safety Commission generations of Americans. should vote and then, if necessary, the that looks out for and protects our Unfortunately, not everyone agrees ballots would be sequestered while the kids from harmful toys. with this mission. Some very powerful litigation drags on over certain periph- A strong Consumer Financial Protec- interests think that a few at the very eral issues. The new rules do not en- tion Bureau will ensure that consumers top should have a monopoly power in courage union organization and they are not lured into debt through hidden our economy; that they should be able do not discourage it; they just give fees. It will simplify disclosures and re- to set all the rules. These interests workers the ability to say yes or no in duce paperwork so consumers are not have lined up allies in Congress to a reasonable period of time. Workers faced with mountains of paperwork wage a relentless crusade against the should not have to wait until innumer- they cannot understand. It would over- National Labor Relations Board. In all able lawsuits, one after the other, are see providers of consumer credit such my years in public office, I have never disposed of before they even get a as payday lenders—which for years seen anything like it. chance to vote. have acted similar to banks but with- Last year, Republicans in the House In response to these eminently rea- out facing any kind of bank regulation. held at least eight hearings, specifi- sonable and fair proposals, Republicans Additionally, as student debt sur- cally addressing the NLRB. They have attempted to shut the Board down passes credit card debt as the largest passed two bills to amend the National by blocking all nominations. Senator source of consumer debt in America, Labor Relations Act to strip workers of GRAHAM of South Carolina vowed pub- the Bureau can play a critical role in their rights. Republican elected offi- licly to block all nominees to the labor helping families better understand the cials have tried to defund the agency. board, even if it meant the agency increasing challenges of financing a They have threatened the professional would cease to function. In his opinion, college education as well as bringing credentials and livelihoods of non- Senator GRAHAM said, ‘‘The NLRB as some sanity to the private student loan partisan career employees and even inoperable could be considered marketplace. called on a Republican board member progress.’’ To the thousands of Amer- Despite these laudable goals, Repub- to resign, in order to incapacitate the ican workers every year who rely on licans refused to confirm Richard agency. On the campaign trail, Repub- the NLRB to enforce the law and de- Cordray, the President’s nominee to lican Presidential candidates have fend their rights, that must sound pret- lead the agency, unless the President raged against the National Labor Rela- ty cold-blooded, a direct attack on would agree to water down the law and tions Board and its employees. middle-class Americans. weaken consumer protections. Forty- What are the great crimes these dedi- In practice, disabling the NLRB four Republican Senators served notice cated public servants at the NLRB are would mean American workers would

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with January 26, 2012 CONGRESSIONAL RECORD — SENATE S89 have nowhere to turn if their rights are President Obama, President Bush, ex- going to put a freeze on their capa- violated. Thousands of American work- ercised his authority to appoint recess bility to make consumer small loans. ers are fired every year for trying to appointees 171 times. I think President The banking industry has plenty of organize a union in their workplace— Obama is right now around 20 or 21, regulation, and the Comptroller of the their legal right, by the way. With the something like that. Currency does a good job. Certainly the labor board out of commission, these Since President Obama was elected, FDIC has done its job in trying to workers might never get their jobs Republicans have openly stated their make sure that the reserves are met back. If an employer or a union refused No. 1 goal is not to govern or legislate; for banks to be stable because we are to adhere to a contract, there would be their No. 1 goal is to prevent the re- not going to be bailing out banks. no NLRB to resolve the dispute. election of President Obama. Repub- I heard the President of the United The labor board also ensures that licans in Congress may have the luxury States talking at his State of the unions do not step outside the law in of playing these political games but Union Message. I heard him say: We their interactions with workers or em- any President does not. Americans are are going to go through this govern- ployers. Those cases would be stuck in counting on this President to do what ment, and we are going to cut back on limbo too. Perhaps that is why a senior is right for the middle class and that is regulations because we know regula- counsel to the National Federation of unquestionably what he did by making tions can hamper the ability of our Independent Business told the Congres- these recess appointments to these two small businesses to get up and get out sional Quarterly that ‘‘to have the vital consumer protection agencies, there and hire people and make a prof- Board totally shut down would be a the Consumer Protection Agency and it. We think profit is good because we travesty.’’ the National Labor Relations Board. think profit makes people able to hire The President averted this travesty I yield the floor. more people and get this economy by appropriately exercising his recess The ACTING PRESIDENT pro tem- going. appointment authority. Indeed, the pore. The Senator from Texas is recog- So there is a constitutional issue at President showed restraint by only ap- nized. stake where the President just decided pointing nominees to agencies that Mrs. HUTCHISON. Mr. President, I that Congress was out of session and would lose their ability to function due am going to speak about the debt dis- appointed Mr. Cordray. In any other in- to Republican obstruction. Acting to approval resolution that is before us ensure the continued smooth func- stance, Congress would have some say because I feel so strongly it is time to tioning of government under these cir- because we would be able to set a budg- send a strong message to the President cumstances is a President’s—whether et for the agency and we would be able and give the people of America some it is President Obama or any other to curb some of its overreach if we feel President—constitutional responsi- comfort that we are not going to con- that it is there; however, not this agen- bility. As constitutional scholar Lau- tinue to raise the debt ceiling again cy because there is no congressional rence Tribe has explained, the Con- and again without doing something oversight of this agency. stitution considered the possibility that shows we understand the crisis we So we are in a position where we that congressional squabbles would are in and that we are going to take have Mr. Cordray—and let me say lead to paralysis and determined: the steps necessary to whittle down there is nothing personal against Mr. The Constitution that has guided our Re- our debt and do the responsible thing. Cordray, but there is a lot that is public for centuries is not blind to the threat However, I do want to respond to what wrong with Mr. Cordray being ap- of Congress’s extending its internal squab- has just been said about the recess ap- pointed by the President rather than bles into a general paralysis of the entire pointment of Mr. Cordray, the Director being confirmed by the Senate, which body politic, rendering vital regulatory of the new consumer agency, which was is in the law. There is a problem when agencies headless and therefore impotent. done by the President when Congress there is no congressional oversight Preserving the authority the President needs was out of session, depriving Congress whatsoever that would be able to curb to carry out his basic duties, rather than de- ferring to partisan games and gimmicks, is of the ability to advise and consent to the overregulation that we suspect is our Constitution’s clear command. this appointment. going to happen in this agency. Again, I say, if my colleagues do not I think to put it in the context where This is not the end of this subject. like the National Labor Relations Act it is proper, it is very important to Today we are going to be voting on the or Dodd-Frank, they can introduce a know that this consumer agency was increase in the debt limit by $1.2 tril- bill and try to get support to change created by a Democratic President who lion. What do we already have on the the law. Of course, Republicans know had complete Democratic control of books for debt? It is $15.2 trillion, such a bill would fail miserably. In- Congress and gave this agency unprece- which is a figure that is now equal to stead, they are trying to short-circuit dented power—unprecedented in that or more than our gross domestic prod- the process laid out by the Constitu- the agency has no congressional over- uct. We are not talking about Greece, tion to pass legislation. Under their sight. None. We don’t control the budg- we are talking about the United States theory, under the Republicans’ theory, et. In fact, no one controls the budget of America. We should be the beacon of just 41 Senators could effectively re- of this new agency that was created economic stability in the world, and we peal an existing law by simply denying with complete Democratic control of are here to raise the debt limit without an up-or-down vote on the President’s Congress and the Presidency. so much as a plan to curb spending or nominees. Think about that. We pass a This agency was created in the Dodd- to look at the entitlement reforms we law by majority vote. It might even get Frank bill with no oversight by any en- know are necessary because we cannot through; of course, overriding a fili- tity whatsoever other than the Demo- cut enough spending in the discre- buster with 60 votes. The President cratic President who signed the bill tionary accounts to actually do what signed it into law. A couple years later, that was given to him by the Demo- we must do to whittle down a $15 tril- the minority says we want to change cratically controlled Congress. So Mr. lion debt because the discretionary ac- it. We do not have the votes to change Cordray is now the head of an agency counts are approximately 30 percent of it, but we can block a nominee, nomi- without congressional approval, and the total expenditures of our country. nees to the agency, and effectively shut Congress has no control over its budg- The major responsibility this coun- down the agency with only 41 Senators. et, and we now have the possibility of try has in defense is getting ready to That is what is going on here. That is a burgeoning new Federal bureaucracy be shredded by this administration, what is going on. that is going to put more regulations while we have a new consumer agency President Obama took a bold but nec- on probably the most overregulated in- that has unfettered budgetary author- essary step. Stepping in to protect or- dustry in America today, which is the ity. Where is our perspective here? We dinary Americans from the con- banking industry. are talking now about 30 percent of the sequences of congressional dysfunction If you talk to anybody out there try- budget that we spend, the spending in is hardly an intrusion on Congress’s au- ing to get capital in a small business, our country, being discretionary ac- thority. It is the essence of leadership. they will tell you that the banks are counts, and we are hearing today that I might point out I think facts will being hamstrung. So now we are going the President is going to cut enormous show that the last President before to give them more regulations that are numbers out of our defense budget, but

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with S90 CONGRESSIONAL RECORD — SENATE January 26, 2012 at the same time we hear very little because I think the American people is a cherished constitutional right and talk about entitlements, which are the are smarter than that. I think the one which is under assault in this automatic expenditures we cannot con- American people know that if busi- country at this moment, especially in trol. If the President were to lead, he nesses are hiring and if we can get an my State of Florida. would be going into the entitlements economy that is robust and strong with Let me give my colleagues some par- and providing some solutions and some more people working, everybody is ticulars. The new election law, for ex- leadership. The Republicans have said going to do better, and that is what we ample, has changed the voting registra- repeatedly: We will work with you on all want. tion requirements for those who sign entitlements because we know it is Raising taxes, which is the only op- up to register others—in other words, hard. tion the President seems to care about, third parties—such as the League of I have introduced legislation—along is not what we ought to be doing in a Women Voters. The League of Women with Senator KYL—that would begin recession. You can dance around it, but Voters had been registering voters in the process of shoring up Social Secu- if this is not a recession, then I don’t Florida under the old law that was on rity and saving our system. In fact, it know what it is with millions of people the books for decades. That law gave is called the Defend and Save Social not working and almost a 9-percent un- them, once they registered the voter— Security Act, and it would cover a 75- employment rate. I don’t know what took the information—10 days to turn year shortfall without raising taxes the definition of ‘‘recession’’ is by the it in to the county supervisor of elec- and without cutting core benefits. Any- economists, but I think that when mil- tions. That law had been on the books one in our plan who is 58 years of age lions of people are not working and the for decades. or older would not be affected at all. unemployment rate is about 9 percent, Last year the Florida Legislature— However, starting in 2016, under our that is a time when you don’t want to signed into law by the Governor— bill, the normal retirement age would increase taxes and increase the burden changed that time period to 48 hours start to increase 3 months each year on businesses with a health care plan and the penalties that accrue go up to for normal retirement. So if you are 58 that is out of control. It is freezing hir- $1,000 for the person who is registering or above, it would not affect you at all. ing. the voters and does not turn in those If you are 57, you would retire 3 months It is not rocket science, and it is names within 48 hours. Therefore, the later. If you are 56, you would retire 6 time we got together with the Presi- League of Women Voters in Florida, months later. That would begin to put dent of the United States. He is the which has been doing this as a civic us on a much more accurate table of elected leader of our country, and we duty, has stopped registering voters. when people are actually living and re- don’t need partisan rhetoric and cam- They are not going to take the chance tiring. The actuarial tables show that paign speeches. What we need to do is that their members would be fined up people are healthier now than when So- look at the real capability we have to to $1,000. cial Security passed, they work longer, do something about this deficit; that Now, doesn’t that sound like some- they want to work longer, and we need is, cut domestic spending in a reason- thing exactly the opposite of what we to make the actuarial tables match to- able way, address entitlement reform, should be doing? We should be encour- day’s standards of health and work. which we can do, and for heaven’s sake, aging people to register to vote, which In addition, my bill would propose a tax reform that creates a fairer, flatter is what the League of Women Voters very modest change in the annual cost- tax and gives our corporations the abil- has been doing according to their civic of-living adjustment. We would begin ity to compete globally would be a step duty for years. It is happening before the cost-of-living adjustment if infla- in the right direction. our eyes. But there is more. tion is over 1 percent, and at that point I hope we reject his request. Let’s not College students, young people, got we would factor in whatever the infla- increase the debt limit. Let’s sit down excited about politics in the last Presi- tion rate is. So it would be a minor ad- and get to work on bringing the debt dential election and voted in record justment in the cost-of-living adjust- down so we will never go beyond $15 numbers compared to what they had ment, but we would never go into the trillion in debt for our country and our been doing before. But the Florida Leg- core benefits, nor would we tax anyone future generations. islature changed the law. Now, if a col- any more than they are being taxed I yield the floor. lege student who has not been reg- right now. That is how we can address The PRESIDING OFFICER (Mr. istered before suddenly gets interested this in a gradual way and give our So- BROWN of Ohio). The senior Senator and goes down to the Supervisor of cial Security system the ability to stay from Florida. Elections Office and registers to vote solid and secure for 75 years. Mr. NELSON of Florida. Mr. Presi- for this year’s general election, and We have not heard the President of dent, I ask unanimous consent that they arrive on election day and they the United States talk about cor- Senator DURBIN of Illinois be the next are asked to show their identification, recting something as solid and nec- Democratic speaker. and they pull out their driver’s li- essary as Social Security. We have not The PRESIDING OFFICER. Is there cense—the likelihood is their driver’s heard anything from him about helping objection? Without objection, it is so license is the address of their parents to solve the Medicare problem, which ordered. where they have grown up. If that ad- is a different issue, but clearly it must VOTING LAWS IN FLORIDA dress is in a different county from the be addressed because we are going into Mr. NELSON of Florida. Mr. Presi- county they registered in, they will not deficits every month, every week, and dent, Senator DURBIN, the chairman of get a ballot; they will get a provisional every day on Medicare. the Civil Rights Subcommittee of the ballot. The missing ingredient—and what Judiciary Committee, will convene a We know from the last Presidential the President has said in his State of hearing of the subcommittee in Tampa election in 2008 in Florida only half of the Union and what actually needs to tomorrow afternoon at 1 o’clock for the the provisional ballots were counted. Is happen—is entitlement reform. Repub- purpose of reviewing Florida’s new this what we want to do to encourage licans have said: We will work with you election law that was passed a year ago young people to get excited and inter- on tax reform that will produce more by the Florida Legislature. It is what ested in their government, to get there revenue with a fairer, flatter tax sys- has been characterized by this Senator on election day and get a provisional tem, and one that will make our busi- and others as a voter suppression law. ballot instead of a regular ballot? I nesses and corporations more competi- Interestingly, there is a pattern in don’t think so. But it is happening tive. If we put our corporations at a about 14 States that has changed the right underneath our noses. That is one better competitive position in the election laws to make it harder to of the reasons the Judiciary Com- world, then they are going to hire more vote, harder to register to vote, and mittee is coming to Tampa tomorrow. people. If we can do that with the harder to have one’s vote counted as We are going to flesh this out with a President, we can make a difference in they intend. It is rather extraordinary whole bunch of witnesses. But, unfortu- this debt and the deficits. However, all that in this year of 2012 we would be nately, there is more. I am hearing is kind of a class warfare concerned about the right of access to After the debacle in the 2000 Presi- argument. It just seems old and stale the ballot and the right to vote, which dential election in Florida where we

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with January 26, 2012 CONGRESSIONAL RECORD — SENATE S91 saw mistake after mistake after mis- civil rights movement in order to guar- Mr. NELSON of Florida. And the mi- take—and all too painfully we know antee the right of access to the ballot, nority has 8 minutes remaining? the results of how that election played and we had to knock down poll taxes The PRESIDING OFFICER. The Sen- out—to the credit of the Florida State and all kinds of impediments for people ator now has 61⁄2 minutes remaining. government, they made it easier to to vote. We have gone through all of Mr. COBURN. Mr. President, I am vote. They created early voting. They that experience since the 1850s and asking for unanimous consent to speak created what was the old absentee bal- here, right under our noses, we are hav- on this issue, a $1.2 trillion raise in the lot, where a person had to swear they ing these kinds of voter suppression debt limit, for 20 minutes. were actually going to be absent from laws enacted. The PRESIDING OFFICER. Is there their place of voting on election day, There is a three-judge panel that is objection? and they made that easier by having now considering this law in the Dis- Mr. NELSON of Florida. Mr. Presi- the vote by mail. They set early vot- trict of Columbia. There is also an ex- dent, I have no objection. ing—and it has been the case for years amination under the Voting Rights Act The PRESIDING OFFICER. The Sen- now—14 days prior to the election. of 1965 in the five counties that are ator will proceed. It was so successful in the last Presi- watched counties under that act in Mr. COBURN. Mr. President, I come dential election that fully 40 percent of Florida as to whether their civil rights to the floor aghast that we have en- the entire general electorate voted be- have been eclipsed. I am certainly tered into a unanimous consent agree- fore election day. So one can imagine hopeful that the court and/or the Civil ment to spend less than 21⁄2 hours talk- the process was a lot more orderly and Rights Division of the Justice Depart- ing about raising the debt ceiling an- there were less lines when 60 percent of ment will look behind this smoke other $1.2 trillion—$1.2 trillion. the electorate turned out on election screen of so-called fraud as to what is We passed the Budget Control Act day between 7 a.m. and 7 p.m. Of really the motivation. that raised the debt limit to $15.2 tril- course, the 40 percent who voted early, Mr. President, I yield the floor. lion. The President has requested an- many of them have jobs, and it wasn’t The PRESIDING OFFICER. The Sen- other increase in the debt limit of an- convenient for them to get to the polls. ator from Oklahoma. other $1.2 trillion. We passed the Budg- So they could do it at their conven- Mr. COBURN. Mr. President, what is et Control Act that didn’t cut spend- ience and they could do it on the week- the pending business before the Sen- ing. There is no absolute reduction in end. Some of them, such as single ate? spending. We didn’t eliminate one pro- moms who had to arrange to get a The PRESIDING OFFICER. The mo- gram. We didn’t do one oversight hear- babysitter, could do it at their conven- tion to proceed to H.J. Res. 98. ing on the waste, fraud, and abuse in ience. Indeed, many minorities found it Mr. COBURN. And the amount of the Federal Government from the time convenient when they could not get time that has been allocated by the of August, when we passed that, until away from work to vote early. majority leader and under the unani- now. No wonder America is disgusted So the Florida Legislature changed mous consent agreement? with Congress. the law, and it was signed into law by The PRESIDING OFFICER. The Re- On September 7, the debt limit was the Governor, constricting that 14 days publicans have 8 minutes remaining. increased from $8.9 trillion to $9.8 tril- to 8 days. Then a very interesting Mr. COBURN. I understand that, but lion. In July of 2008 the debt limit was change took place. Instead of early vot- what is the total amount of time that increased to $10.6 trillion, and in Octo- ing going all the way up to and includ- has been allocated to H.J. Res. 98? ber to $11.3 trillion, in February of 2009 ing the Sunday before the Tuesday The PRESIDING OFFICER. The time to $12.1 trillion, in February of 2010 to election, they constricted that so the until noon is equally divided. $14.3 trillion, in August of 2011 to $14.7 last day of the 8 days is now Saturday. Mr. COBURN. So the total amount of trillion, in September of 2011 to $15.2 Guess who has voted in record numbers time is less than 2 hours today that we trillion, and now we are going to raise after church on the Sunday before the are going to discuss this resolution; is it to $16.3 trillion. Tuesday election, record numbers: Af- that correct? I did not vote for one of those. The rican Americans. So they will not be The PRESIDING OFFICER. Slightly reason is a debt limit does not mean able to go and vote on the Sunday be- more than 2 hours. anything in this country, because fore the Tuesday election because of Mr. COBURN. Thank you. I ask unan- every time we come up to the debt the new law in Florida. imous consent to speak on the resolu- limit, what we do is just pass it rather Now, those who passed this new law tion for 20 minutes. than do what the American people have said it was to cut down on fraud. Yet The PRESIDING OFFICER. Is there asked us to do. they have no example—and I am look- objection? Little has changed in Washington in ing forward to asking some of the wit- The Senator from Florida. the last 5 years. We have argued, de- nesses tomorrow to make the record Mr. NELSON of Florida. Mr. Presi- bated, and lamented over how to rein complete—no example of any increase dent, how many minutes does the mi- in the Federal Government’s costs and in fraud in the last decade of which nority have remaining? the out-of-control spending. All the these election laws were passed after The PRESIDING OFFICER. The mi- time that was going on, we were on a the 2000 Presidential election to make nority has 7 minutes remaining. spending binge, spending money we do it easier to vote. So what we have is a Mr. NELSON of Florida. How much not have on things we do not need. pattern in over 14 States, including our time does the majority have remain- Even though we knew we had to borrow State, of what I have just described, ing? more money, Congress has done noth- which is the law is one of the most on- The PRESIDING OFFICER. The ma- ing to avoid raising the debt limit— erous and one of the more distinct jority has 24 minutes remaining. nothing. voter suppression laws that has been Mr. NELSON of Florida. Would the We did not do oversight of Federal enacted. Why? Is it for partisan rea- Senator consider 15 minutes, given the programs. We did not eliminate one du- sons? inequity of the time? plicative program. We did not elimi- If we restrict young people, if we re- Mr. COBURN. Well, actually, that nate any spending in the Tax Code. strict minorities, if we make it more was my whole point. We are going to We hear all the Members of Congress difficult for women, particularly single spend a little more than 2 hours to and the President talking about how moms, does that suggest a pattern of raise the debt limit by $1.2 trillion, and we have to change stuff. We did not do restricting certain voters and making we can’t give a Senator 20 minutes to anything on that which would generate it more difficult because of partisan talk about it? more revenue, fair revenue to the Fed- reasons? I think it is pretty clear. This Mr. NELSON of Florida. Mr. Presi- eral Government. We did not work to is happening in America in the year dent, is there a consent order that was save Medicare. We did not work to save 2012 when, in fact, the Constitution entered into yesterday? Social Security. Instead of fixing the tells us that one of the most cherished The PRESIDING OFFICER. There problem, we made it worse. We in- opportunities—we even went through a was a unanimous consent agreement creased the deficit. We funded ineffec- civil war and then we went through the yesterday. tive programs. We wasted money on

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with S92 CONGRESSIONAL RECORD — SENATE January 26, 2012 silly projects. We funded duplication. have been paid to people who earn 20 programs we have done nothing to We approved $1 trillion in more spend- more than $1 million a year in this consolidate; the food programs, dis- ing for next year—all of which will es- country. We have done nothing about aster response and FEMA, and there sentially be borrowed on the backs of that since that report came out. Gov- are hundreds more. Yet we have done our grandkids and our kids. ernment benefits from unemployment nothing. Let me give some examples of what insurance to student loans, $9.5 billion Shouldn’t we come together as men we spent money on last year. a year, and we have done nothing— and women, Americans—not Demo- We spent $75,000 to promote the zero. We could have done it. We could crats and Republicans—and say we are awareness that Michigan raises Christ- save money. We have done nothing. going to do what we can do to assure mas trees. We spent $113,000 for video Real Americans—everyday Ameri- the future of this country and quit game preservation. We spent $550,000 cans—understand the way we get out of thinking about the next election? We for a documentary about how rock our problems is through sacrifice and ought to be doing what is needed. It is music contributed to the collapse of prioritizing what is important for our called making priorities. We could save the Soviet Union. We spent $48,000 for country. We lack the leadership in this $50 billion if we got together and said: the second annual Hawaii Chocolate body to do that. OK. Every committee is going to do Festival. We spent $350,000 to support A veteran who served our country in oversight, eliminate duplication, and an international art exhibit in Venice, a time of war wrote me a letter about eliminate fraud. We have a bill with 37 Italy. We spent $10 million to remake our current financial situation. More cosponsors to eliminate the fraud in ‘‘Sesame Street’’ for Pakistan. We than nearly anyone I come in contact Medicare—37. It is bipartisan. We can- spent $35 million on our own party con- with in Washington, this regular cit- not even get it to the floor to vote on ventions, and we spent $764,000 to fig- izen from the middle of the country un- it to make sure CMS eliminates some ure out how students use mobile mes- derstands the problem, and he under- of the $100 billion a year in waste and saging devices for social networking, stands what is needed to fix it. fraud at CMS in terms of Medicare. which they already know how they do DEAR SENATOR COBURN: That is how we save Medicare. But yet it. I’m a retired military member and Vet- we cannot get it to the floor. So when In February of last year, GAO eran, deployed four times during my career— we do work together, we are blocked or brought us a wonderful report. It having spent years of my life in some very impeded from having a vote where we showed thousands upon thousands of dangerous places, away from home, and in have bipartisan consensus. programs that are duplications. The tough conditions. I am very familiar with I call on my colleagues—I love them majority leader of this body voted shared sacrifice. In all those days away, my dearly; I think they are tremendous in- against both attempts I made to take sole purpose was to be prepared and ensure my Soldiers were ready to deploy and return dividuals—we better change our vision. advantage of that and eliminate waste alive. In our current situation, it’s easy to We better change what we have our eye and duplication. He never once in- feel like we’re (as a country) going into bat- on in terms of the risk to our country, structed committee chairmen to go tle unprepared against an economic, finan- the survival of our country, and it is find this duplication and eliminate it cial enemy of political gridlock and no com- time we come together, put partisan- to save our children, to save our coun- promise [no leadership]; with two political ship aside, and say we are going to try, and we did not do any better on parties vying for the next election. solve the problems in front of this our side of the aisle. The fact is, we did I’m well aware that many proposals cur- country. We can do it. The brainpower not do anything. Of the thousands of rently out there would potentially affect me. However, I’m willing to work hard now and is here. The capability is here. Let’s do things we could have done, we did be part of a solution which solidifies our it. nothing to lower our deficit, cut the country’s future versus robbing my kids and The PRESIDING OFFICER. The as- waste or eliminate duplication. grandkids from the same opportunities our sistant majority leader is recognized. We have known about this significant great country [offered me]. Mr. DURBIN. Mr. President, how $100 billion gold mine of savings from Please inform your colleagues—there are much time is remaining on each side? the GAO report for over 1 year now, more people like me awaiting leadership and The PRESIDING OFFICER. The and we have done nothing—zero. Amer- good decision making than there are left and Democratic side has 18 minutes re- ica should be disgusted with Congress right side uncompromising voters. These maining. times call for briefings to the American peo- because what we care about is party ple, not speeches. These times call for mem- Mr. DURBIN. Is there time remain- power, not fixing the problems of this bers of congress to stand together and [to ing on the other side? country. brief us on our unfunded liabilities]—and to The PRESIDING OFFICER. There is Just this week, the GAO reported—an show how sacrifice now can lead to renewed no remaining time on the other side. additional report; and next month we prosperity later. Mr. DURBIN. Mr. President, I would are getting the second third of the Fed- Sincerely, like to ask the chairman if I could have eral Government on duplication, and it ROBERT BOUDIETTE, Jr., 8 minutes or 10 minutes to speak. is going to have another $100 billion Lawton, OK. Mr. BAUCUS. Mr. President, I yield identified as waste—we have 209 sepa- I am embarrassed for us that we fail 10 minutes to my colleague from Illi- rate Federal programs to advance to meet the very standard we ask of nois. science, technology, engineering, and the people who serve this country. Mr. DURBIN. Mr. President, I thank math education—209 programs, of So rather than give a speech, let me the chairman of the Finance Com- which most of them overlap one an- give a briefing. We have done nothing mittee and my friend from Utah, the other. to fix the 100-plus programs in surface ranking member of the committee. We have put amendments on the transportation. We have done nothing Senator COBURN of Oklahoma, who floor to say: We want every agency to to eliminate the duplication in the 82 just spoke, and I probably see so many tell us of all the programs. It is de- Federal Government programs for things differently, but yet we see many feated. They vote against it because teacher quality. We have done nothing things the same. He and I come to the they do not want to know what all the to consolidate the 88 economic develop- Senate with different backgrounds, programs are. The only way we elimi- ment programs. We have done nothing perhaps different political values in nate the duplication is to make the to consolidate the 80 different trans- many areas, and a much different vot- agencies show us what they are doing. portation assistance programs. We ing record. They would put us on oppo- That goes down to defeat. Why? Be- have done nothing to eliminate the 56 site sides of the political spectrum if cause we do not want to do the hard financial literacy programs. We have they described those voting records. work of living within our means such no business teaching anybody financial Yet I have found, over the last several as every family and every business in literacy when we do not even have it years, Senator COBURN and I have been this country does. We ignore the reali- ourselves. We have done nothing to able to agree and come together on ties. We are in la-la land on who can consolidate the 47 job training pro- some of the important issues which he win the next election. grams. As a matter of fact, we heard just raised on the Republican side of We have done nothing about the $9.5 the President say he wanted to add to the aisle, which are shared on the billion in government benefits that it. Homeless prevention and assistance, Democratic side of the aisle.

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with January 26, 2012 CONGRESSIONAL RECORD — SENATE S93 Senator COBURN and I served on the mistaken, President Reagan asked for bring them home safely, those same Bowles-Simpson Commission, a com- some 16 debt ceiling extensions in the 8 Members voted against the debt ceil- mission appointed by President Obama, years he served. For most of these, he ing. It is a totally inconsistent posi- to reduce our Nation’s debt and deficit. was given permission to extend the tion. It is not honest. An honest posi- I voted for the Commission report, debt ceiling on a bipartisan vote. Six- tion would be ‘‘I do vote for spending. with some misgiving over proposals but teen times in 8 years—a rather com- I do not vote for borrowing.’’ Very few believed it moved us in the right, prop- mon occurrence at that time but one Senators, if any, can say that with a er, and necessary direction. that we anticipated being part of the straight face. In fact, just the opposite The fact and simple fact is, the ordinary business of government. That is true. United States borrows 40 cents for issue has become politicized now, and I hope my colleagues here will accept every $1 our government spends. It bor- there are some Members who will come our responsibility to extend the debt rows 40 cents for every $1 we spend, pri- to the floor and vote against extending ceiling by voting no on the motion to marily after we have exhausted the the debt ceiling, extending the author- proceed to the consideration of the savings of Americans, from foreign na- ity of the President to borrow money debt ceiling. It is an important vote. tions such as China, that end up buying to keep our government functioning. And then I want to join and meet the the U.S. treasurys to fund our debt. So What troubles me greatly is that challenge of Senator COBURN of Okla- as we go more deeply into debt, we be- many of the same Senators who are homa. There are things we can and come more indebted to foreign coun- going to vote against the debt ceiling must do to bring our Nation’s debt tries, sovereign nations and their sov- voted for the spending. They voted to down, consistent with the Bowles- ereign funds. I think that is something spend the money knowing we did not Simpson deficit commission, con- that needs to be addressed, addressed have it and now, as former Congress- sistent with the work of the Gang of 6, in a proper fashion. Where Senator man Obey of Wisconsin used to say, and consistent with growing the Amer- COBURN and I may disagree is in the want to pose for holy pictures—‘‘Oh, I ican economy. It has to include, as the fashion that we approach it. am opposed to the debt ceiling. I am Bowles-Simpson deficit commission We are currently emerging from a re- not in favor of debt.’’ Really? How recommended, both revenue increases cession. We know what the impact has about your vote for the appropriations as well as spending cuts. Both have to been. Families and businesses across bills to fund our wars? Did you not vote happen. America have been hard hit—families for those? Did you not vote for the When the President comes before us and their savings, many people losing budget resolution which passed on a bi- in the State of the Union and suggests their jobs, and businesses either going partisan basis which established our increasing tax rates of those making out of business or cutting back. spending for 2 years? Did you not vote over $1 million a year, the vast major- We are starting to see the first indi- as well when it came to the continuing ity of Americans say that is reason- cations of recovery—the ‘‘green resolution of appropriations that had able. It is reasonable to ask those who shoots,’’ as they say. As the President to pass both the House and the Senate? are well off to pay their fair share. said in his State of the Union Address, Many of my colleagues who dutifully Well, let’s make that part of our con- we lost 4 million jobs in America in the voted for all of this spending, knowing versation here. If we are serious about 6 months before he was sworn in and in the back of their minds we did not the deficit, let’s include revenue that another 4 million before his proposal to have enough money and would have to will not hurt working families who are get the economy moving forward was borrow to accomplish it, now will come struggling from paycheck to paycheck enacted into law—8 million jobs in that to the floor in a few moments and are but will bring the money in to lessen short timeframe out of the 14 million going to say: We are holier than the our need to borrow money from over- unemployed today. others. We are going to vote against an seas. The President started to move the extension of the debt ceiling. That should be part of it, spending economy forward working off a pro- I would say to those colleagues: Do cuts and revenue enhancement that posal by President Bush to deal with fi- not vote for the spending if you will will not hurt the economy. I think we nancial institutions—a bitter pill for not vote for the borrowing because we can do that if we address it on a bipar- many of us but, I am afraid, necessary know now they are linked together. tisan basis. I stand ready to cooperate to keep our economy stable—and then, They are one in the same. And the with my colleagues to achieve that. I with his investment program, to put President is only doing what is respon- hope they will join me in voting no America back to work. sible. against the motion to proceed. These things are starting to take You know, we faced a government I yield the floor. hold. We have seen a growth of some 3 shutdown over this debt ceiling last The PRESIDING OFFICER. The Sen- million private sector jobs since the year. That was one of the first ever ator from Montana is recognized. President’s program started. It is an where a serious threat was looming BURMA indication we are moving in the right that we were not going to extend the Mr. BAUCUS. Mr. President, I will direction. debt ceiling and, in fact, would renege speak on a different matter for about 2 I would just say to my friend from or basically default on America’s debts minutes. I wish to compliment the sen- Oklahoma, when we talk about issues around the world. The result of that ior Senator from Kentucky for his such as deficit reduction and spending would have been catastrophic. The rep- longtime work on behalf of dissidents reduction, we should speak to those utation of America, its economy, and in Burma. Very recently, he visited issues in the context of economic re- the soundness of the dollar was at Burma. He met Aung San Suu Kyi, who covery, to make certain that whatever stake. Thank goodness, at the last was awarded the Nobel Peace Prize. As decisions we make in reducing the def- minute those who were opposing the the senior Senator from Kentucky re- icit, reducing spending, raising taxes, debt ceiling relented, and they set up ported to us earlier this morning on whatever it may be, that at this point the process we will be addressing in the floor of the Senate, we as Ameri- in time in our history, it is in the con- just a few moments. They said: Well, cans are making real progress in text of getting America back to work. on a periodic basis, the Congress will Burma. Our sanctions in Burma are At 12 o’clock today we have a sched- have to vote to extend the debt ceiling. working. The government there is re- uled vote, and the vote is on the debt Last week, the House of Representa- lenting. I have had briefings from the ceiling. What is the debt ceiling? It tives said: No, we do not want to ex- State Department, and while we need goes back to my earlier point. When we tend the debt ceiling. The same Mem- to retain sanctions for the time being spend more than we bring in in rev- bers of the House who voted for the to encourage further progress, it is un- enue, we need to borrow it. As the need spending bill, the same Members who deniable that we have been seeing real to borrow increases, the President has voted for the Budget Enforcement Act, progress in Burma. The dissidents, as a responsibility to ask for authoriza- the same Members who give speeches led by Aung San Suu Kyi, are engaged tion from Congress. It is known as the back home about how we can’t turn our in this process. Again, I want to com- debt ceiling limit. In years gone by, it backs on our men and women in uni- pliment the Senator from Kentucky for was a routine vote. In fact, if I am not form and have to spend the money to his 20 years of work in this area, and I

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with S94 CONGRESSIONAL RECORD — SENATE January 26, 2012 think it is probably in large part due to debt. There has been a lot of discussion This is unacceptable. his efforts that we are making progress about that. We have not made as much I will be voting for this resolution of in Burma. headway as we should have. But it is disapproval. The debt ceiling should Mr. President, turning back to the important to remember that in August not be increased. The fiscal path that subject at hand, Alexander Hamilton of last year, this Congress voted to re- this Nation is on is a path to ruin. The once said: duce spending by $2 trillion, $2.1 tril- President knows that. But instead of To be able to borrow upon good terms, it is lion—to reduce spending by $2.1 trillion hitting the brakes and getting spend- essential that the credit of a nation should over 10 years. Close to $1 trillion of ing under control, he is slamming on be well established. that was accomplished on that vote, the accelerator. That is obvious. We have low interest and the other $1.2 is part of the seques- This is no longer acceptable. rates today because so far we have been tration which goes in effect in January Voting for this resolution, as the able to borrow on good terms. The good of next year. It is not unimportant that House did overwhelmingly, would make terms are that the American people this body voted to reduce spending by it clear that the way to address our and investors worldwide know the about $2 trillion. spending problem is by reducing spend- United States is a safe haven given all So we should honor our past debts. ing. the consternation occurring in the We should reduce spending—we should world, the problems in Europe, for ex- reduce our budget debt and deficit. We This resolution is worthy of our sup- ample, and other countries. The United do that by cutting spending and in- port, and I encourage my colleagues to States is a safe haven. Investors want creasing revenue. That is a different support it. to borrow on U.S. Treasurys. That is issue. That is what we do in the future. I ask for the yeas and nays. why the rate is low, the lowest in re- That is what we have to work on this The PRESIDING OFFICER. Is there a cent history. And that is essentially year and next year. But today, it is im- sufficient second? There is a sufficient because our credit is good. Investors portant for the world to know that we second. trust the United States. honor our commitments; the United Mr. BAUCUS. I yield back the re- It is important to also remember States can be trusted; we have credit mainder of our time. that this debt limit we are voting on that is well established because we The PRESIDING OFFICER. All time today is not an authorization for new honor our past obligations. is yielded back. spending. I repeat, it does not author- I strongly urge Members of the Sen- Under the previous order, the ques- ize new spending. That is not what this ate to vote no on the motion to proceed tion is on agreeing to the motion to is. It has nothing to do with new spend- to disapproval because I think there proceed to H.J. Res 98. ing. It just says that we have to honor would not be a positive outcome if that our past bills, honor our past debts. As vote were to pass. I am not one who is The clerk will call the roll. Alexander Hamilton said, for a country prone to exaggeration or to hyperbole, The bill clerk called the roll. to be on good terms, it is important but I might say in this case that if this Mr. KYL. The following Senators are that we honor our past debts. The cred- motion were to proceed, we would be necessarily absent: the Senator from it of a nation should be well estab- on the border of catastrophe. Tennessee (Mr. CORKER), the Senator lished. I yield the floor. from Georgia (Mr. CHAMBLISS), the Sen- I strongly urge our colleagues to vote The PRESIDING OFFICER. The sen- ator from Illinois (Mr. KIRK), and the no on this motion to proceed to dis- ior Senator from Utah is recognized. Senator from Arizona (Mr. MCCAIN). approve because the result would be Mr. HATCH. Mr. President, we are Further, if present and voting, the chaos. If that were to pass, it would be here today to debate the President’s Senator from Tennessee (Mr. CORKER) chaos. We would plunge ourselves back desire to take on more debt. We are would have voted ‘‘yea.’’ into recession, probably through that here to debate whether it is a good The PRESIDING OFFICER (Mrs. into a depression. Interest rates would thing to put current and future genera- HAGAN). Are there any other Senators skyrocket. Inflation would skyrocket. tions on the hook for the spending poli- in the Chamber desiring to vote? We are trying to lower unemployment cies of this administration. The result was announced—yeas 44, rates, not increase unemployment I believe that it is not a good thing. nays 52, as follows: rates. We want people to have jobs, not We should not enable this administra- people not to have jobs. tion to spend more taxpayer dollars by [Rollcall Vote No. 2 Leg.] If the United States did not honor its increasing the debt ceiling. YEAS—44 bills, if the United States did not honor We should be forcing the administra- Alexander Grassley Murkowski its debt it has heretofore incurred, it tion to lead, and to make the reduc- Ayotte Hatch Nelson (NE) would cause chaos. It would show we tions in government programs and Barrasso Heller Paul Blunt Hoeven are not a creditworthy country. For spending that everyone knows must Portman Boozman Hutchison Risch that reason, I think it is a no-brainer happen if we are to remain a free and Burr Inhofe Roberts that this bill should be disapproved prosperous Nation. Coats Isakson Rubio and, frankly, should be unanimously Coburn Johanns Sessions Here is the bottom line, and it is not Cochran Johnson (WI) Shelby disapproved. pretty. Collins Kyl Snowe I think every Member of the Senate Our debt today is $4.6 trillion higher Cornyn Lee Thune wants to honor the credit of the United than when President Obama took of- Crapo Lugar DeMint Manchin Toomey States of America, wants to pay the fice. Enzi McConnell Vitter bills we incurred in the past. It is an In his 3 years in office, President Graham Moran Wicker entirely different question as to what Obama has run up the three largest we do in the future, entirely different deficits in American history. NAYS—52 question as to how much we reduce our Three trillion-dollar deficits. Akaka Gillibrand Nelson (FL) Baucus Hagan Pryor debt, entirely different question as to This is an enormous burden that the Begich Harkin Reed how much we cut spending and in- President is placing on American tax- Bennet Inouye Reid crease revenues in order to reduce our payers. Bingaman Johnson (SD) Rockefeller deficits and our debt. That is an en- He talks about fairness. Well, this Blumenthal Kerry Sanders Boxer Klobuchar tirely different issue—an extremely debt is unfair to current taxpayers and Schumer Brown (MA) Kohl Shaheen Brown (OH) Landrieu important issue but entirely different. future generations. Stabenow Cantwell Lautenberg That has nothing—nothing—to do with Yet by this debt ceiling increase, he Tester Cardin Leahy Udall (CO) this vote. This vote is only whether we wants Congress to give him a green Carper Levin honor our past debts. light to spend more, running our debt Casey Lieberman Udall (NM) Once we say yes, we are going to up to nearly $16.4 trillion. Conrad McCaskill Warner Webb honor our past debts, then clearly it is The debt per person has increased by Coons Menendez Durbin Merkley Whitehouse imperative that this body move ahead $13,963 since President Obama took of- Feinstein Mikulski Wyden to reduce deficits, reduce our national fice. Franken Murray

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with January 26, 2012 CONGRESSIONAL RECORD — SENATE S95 NOT VOTING—4 The Ultralight Aircraft Smuggling fact in recess. I described at length Chambliss Kirk Prevention Act is a testament to why this was an outrageous and uncon- Corker McCain Gabby’s commitment to securing our stitutional power grab. However, Presi- The motion was rejected. borders from illegal activity. A new dent Obama’s decision to bypass the f trend in drug smuggling is to fly a one- constitutional advice and consent of person ultralight aircraft over the bor- the Senate is not an isolated incident MORNING BUSINESS der to drop drugs. Hundreds are flown by the President. It is merely the lat- Mr. BAUCUS. Madam President, I across the southwest border each year. est escalation in a pattern of contempt ask unanimous consent that the Sen- Each one can carry hundreds of pounds for elected representatives of the ate proceed to a period of morning of narcotics. American people and the constitu- business until 5 p.m., with Senators Because ultralights are not cat- tional separation of powers. This pat- permitted to speak for up to 10 minutes egorized under existing law as aircraft tern has become more apparent since each; further, that the time from 1 p.m. by the Federal Aviation Administra- the last election when public opinion to 2 p.m. in morning business be re- tion, they do not fall under the provi- turned against the direction that served for the majority. sions of the Tariff Act of 1930. This President Obama was trying to take The PRESIDING OFFICER. Without means a drug smuggler piloting an the country. objection, it is so ordered. ultralight is subject to weaker crimi- When the President’s party in 2009 Mr. BAUCUS. Madam President, I nal penalties than one who uses a small and 2010 had an overwhelming control suggest the absence of a quorum. plane. of both Houses of Congress, he was able The PRESIDING OFFICER. The Ultralight presents a unique chal- to pursue his agenda with only the clerk will call the roll. lenge for Border Patrol and prosecu- slightest of lip service to the objec- The legislative clerk proceeded to tors. Our legislation will close any un- tions from congressional Republicans call the roll. intended loopholes. It will give our law because we were very much in the mi- Mr. UDALL of New Mexico. Madam enforcement and prosecutors the addi- nority, and, of course, we believe we President, I ask unanimous consent tional tools they need to combat drug were representing millions of Ameri- that the order for the quorum call be smuggling. It will also add an attempt cans whose views were in opposition to rescinded. and conspiracy provision to the avia- President Obama’s views. In 2009 and The PRESIDING OFFICER. Without tion smuggling law. This enables pros- 2010, President Obama could in fact objection, it is so ordered. ecutors to charge people other than the govern more like a Prime Minister in a European parliament, where the leader f pilot who are involved in aviation smuggling. It gives prosecutors a new of the party in power dictates the pol- ULTRALIGHT AIRCRAFT SMUG- icy to be rubberstamped by that par- GLING PREVENTION ACT OF 2012 tool to go after the ground crews who aid pilots as well as those who pick up liament. Since the 2010 election, that is no Mr. UDALL of New Mexico. Madam drugs that are being dropped off in the longer the case. There was a tremen- President, I rise today to discuss H.R. United States. dous voter backlash against both the 3801, the Ultralight Aircraft Smuggling This bill will also direct the Depart- style and substance of the President’s Prevention Act of 2012, and I urge the ment of Defense and the Department of agenda. A groundswell of Americans Senate to pass this legislation today. Homeland Security to establish and became convinced their government Passing this bill will not only help to collaborate in identifying the equip- was out of touch, and they demanded secure our southwest border, but it also ment and technology for border protec- to be heard. The President’s party in affords us the opportunity to honor an tion to detect ultralights. The ultimate the Senate is now well below the super- incredible colleague. purpose of this legislation is to make I had the privilege of serving with majority necessary to pass legislation our communities safer, and it is fitting without consulting the minority party, Congresswoman Gabby Giffords in the that Gabby, from the very beginning, House of Representatives, and she is and that is the way it was intended for has been so instrumental in making it the Senate to work. Moreover, there is the force behind this legislation. She happen. I also want to acknowledge the originally introduced it in 2010, before now a new majority in the House of hard work of her staff who worked on Representatives trying to chart a new the senseless act of violence that took this bill tirelessly every day. Peter place, and she won its passage. But the course based on the concerns that so Ambler is one of her staff members who many voters expressed in the last elec- Senate failed to take it up. has been key. I know Gabby’s staff is Over this past year, we have been tion. very dedicated to her, and I know Rather than accept the message of working with Gabby’s staff, and I was Gabby’s perseverance to advance her honored to introduce her bill in the the 2010 election and the fact he is legislative priorities during her recov- faced with a Congress that is no longer Senate with Senators HELLER, BINGA- ery demonstrate what a good public a rubberstamp, the President has de- MAN, and FEINSTEIN. It passed by unan- servant she is. cided that he does not need Congress at imous consent in December but was Gabby, we know you will be back. all. Imagine that. In fact, he has even held up in the House because of a pro- But until then, we wish you and Mark said so. cedural issue. This allowed Gabby to all the very best, and we thank you for In October, upset that Congress reintroduce it in the House this week your extraordinary service to our Na- would not pass his latest stimulus bill with Congressman JEFF FLAKE. Yester- tion. exactly as he had proposed, the Presi- day, as we all bid Gabby an emotional Mr. President, I yield the floor, and I dent launched a media campaign farewell, the House overwhelmingly suggest the absence of a quorum. around the tag line, ‘‘We can’t wait for passed it by a vote of 408–0. The PRESIDING OFFICER (Mr. Congress.’’ Under this banner he has I commend the House leadership for CARDIN). The clerk will call the roll. announced executive actions for every- working to make sure this important The legislative clerk proceeded to thing from mortgage and student legislation passed as Gabby’s final leg- call the roll. loans, summer jobs for youth, and new islative act before resigning. I want to Mr. GRASSLEY. Mr. President, I ask fuel economy standards. especially say how honored I am to unanimous consent the order for the A President being frustrated with have worked on this legislation with quorum call be rescinded. Congress is nothing new. We all know her. The PRESIDING OFFICER. Without that from history. What is more re- Like all Americans, I have watched objection, it is so ordered. markable is the notion that the Presi- in awe at Gabby’s courage and her re- f dent, however, can act independently markable grace. She inspires us all. of Congress. ‘‘Where they won’t act, I RECESS APPOINTMENTS She represents the best of our Nation. will,’’ the President has said. Dr. Martin Luther King once said that Mr. GRASSLEY. Mr. President, I ad- Article I, section 1 of the Constitu- darkness cannot drive out darkness; dressed the Senate recently on Presi- tion of the United States says: only light can do that. Gabby is truly dent Obama’s recess appointments, and All legislative Powers herein granted shall a shining light to all who know her. he did this when the Senate was not in be vested in a Congress of the United States,

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with S96 CONGRESSIONAL RECORD — SENATE January 26, 2012 which shall consist of a Senate and House of thus giving union leaders an upper Members of the President’s party are Representatives. hand in union elections. understandably reluctant to oppose Having had their rights violated by The President’s ‘‘Race to the Top’’ him publicly. King George, our Founding Fathers in- education program is another signifi- However, with this latest escalation, tentionally put the power to make laws cant overreach. Congress bears respon- the time has come for Congress, on a in the branch of government that is sibility for writing a $5 billion check to bipartisan basis, to say ‘‘Enough is most directly related and accountable the Secretary of Education in the first enough.’’ to the citizenry of this country. Under stimulus bill with minimal guidelines I would ask my colleagues on the our Constitution, the President’s role attached. However, the administration other side of the aisle to think hard is not to make policy unilaterally but, blew past even those broad guidelines about the precedent being set for the to quote the Constitution, ‘‘take care to implement an unprecedented Fed- next Republican President. that the laws are faithfully executed.’’ eral intervention into State education Once the genie is out of the bottle, Some might say the whole ‘‘we can’t policy. The resulting program offered you are not likely to be able to get it wait’’ campaign is just harmless polit- the possibility of big grants to cash- back in. ical rhetoric. It would be bad enough if strapped States provided they first For those who are tempted to sym- the President were just kidding when changed State laws to implement spe- pathize with the President when he jus- he implies that he is usurping legisla- cific policies favored by the Secretary tifies bypassing Congress because of tive power, the legislative power vested of Education. Most States, such as ‘‘obstructionism’’, I would return to in the duly elected representatives of Iowa, implemented the Secretary’s pre- the fact that our system of checks and the citizens of the 50 States. However, ferred policies and applied for the funds balances between the different after his latest power grab, there can yet never saw a dime in return for branches of government did not come be no doubt that President Obama is changing out State laws. about by accident. dead serious. It is not just political In a similar move, the President an- The philosophy underpinning the rhetoric. nounced he would grant waivers to American Revolution, as expressed in This disregard for the constitutional States for relief from the requirements the Declaration of Independence, is role of Congress did not start with of the No Child Left Behind Act. The based on ‘‘unalienable Rights’’ and the President Obama’s ‘‘we can’t wait for catch is that States will have to adopt principle ‘‘That to secure these Rights, Congress’’ campaign. An earlier indi- key components of his education re- Governments are instituted among cator of actions to come was his con- form agenda in order to get such a Men, deriving their just powers from troversial appointment of several new waiver. This is despite the fact that the consent of the governed.’’ so-called czars. The President is well Congress is currently considering legis- As a result, our government was in- within his rights to choose advisers. lation to update the Federal education tentionally structured to provide max- We all agree to that. That is in the policy and may not adopt all aspects of imum protection to individual rights. past just what these positions now the President’s proposal. Moreover, In our Constitution, that principle termed ‘‘czars’’ are supposed to be, just current law allows for waiving existing takes precedent over getting things advisers. However, it became clear that requirements on a case-by-case basis done. many of President Obama’s new high- but does not authorize the administra- In my previous remarks, I quoted the level czars—such as the climate czar, tion to add new requirements in re- Father of the Constitution, James for instance—were involved in crafting turn. Madison, in Federalist 51, ‘‘separate regulations and other roles normally So far during my remarks I have and distinct exercise of the different reserved for Senate-confirmed officials. mostly focused on areas where the powers of government’’ is ‘‘essential to Why? Because then they could be President has acted without authority the preservation of liberty.’’ called to the Senate committees to re- from Congress. On the other hand, Madison was concerned about a tem- spond and have us operate a proper when Congress has passed legislation porary majority faction assuming full oversight function. the President has not entirely agreed control of the government and acting Another example of President with, he has announced while signing tyrannically toward those Americans Obama’s disregard for Congress is his them into law that he will not imple- in the minority. administration’s unilateral pursuit of ment the parts he does not like. By contrast, the French Revolution During the 2008 campaign, candidate climate change regulations. The House was inspired by the philosophy of Jean- Obama said that he was ‘‘not going to and Senate have considered various Jacques Rousseau, who wrote that use signing statements as a way of proposals to regulate greenhouse gas claims of natural rights must be aban- doing an end run around Congress.’’ emissions, but these have proved very doned in favor of submission to the au- However, he has done just that on nu- controversial and very harmful to the thority of the ‘‘general will’’ of the merous occasions. economy. When the climate legislation Moreover, he has made clear his in- people as a whole. backed by President Obama could not tention to not enforce certain laws The application of this philosophy achieve sufficient support to pass Con- that are already on the books, such as tends to result in power centralized in gress, the administration announced federal anti-drug laws. a ruling elite that claims a unique abil- that it would go ahead anyway. While The President’s Attorney General ity to interpret the ‘‘general will’’. a Supreme Court ruling opened the also decided not to defend a legal chal- This centralization of power allows door to that possibility, the fact that lenge to the Defense of Marriage Act. for a more active government. Congress specifically did not authorize Again, the Constitution makes clear That may be attractive to those such regulations should have given the that it is the President’s responsibility whose main concern is making the President pause. to ‘‘take Care that the Laws be faith- trains run on time. But Amtrak doesn’t In a similar move, when the DREAM fully executed’’ whether the current run on time. Act as currently written was unable to occupant of the White House agrees On the other hand, the single-minded secure sufficient support in Congress to with those laws or not. pursuit of a common purpose at the ex- pass, an Immigration and Customs I can think of plenty more examples pense of individual rights has led to memorandum appeared calling for im- of executive overreach. some of history’s worst tyrannies. migration laws to be enforced so as to It would be much harder to think of Our system of separation of powers, bring about the same ends as the legis- examples where Congress has success- federalism, and checks and balances, lation that could not pass Congress. fully fought off an executive power designed to protect individual rights, Congress also rejected the card check grab. results in a more deliberative form of bill supported by President Obama to In fact, the more President Obama government. eliminate secret ballot elections for has gotten away with these little This can be frustrating. union members. Sure enough, the Na- power grabs, the bolder he has become. It means that the President cannot tional Labor Relations Board proposed Congress has not been effective in expect Congress to just pass his pro- a rule providing for snap elections, fighting this executive encroachment posals without reading them. But which would achieve the same goals, because Congress is not of one mind. Speaker PELOSI said about Health Care

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with January 26, 2012 CONGRESSIONAL RECORD — SENATE S97 Reform we have to first pass it to find No one man can claim to speak on tion of new machinery and the adop- out what is in it. behalf of all Americans, which is why tion of increased specialization. We Still, these features of our Constitu- we have a Congress in the first place. built the Mackinac Bridge connecting tion perform an important role in pre- The voices of all Americans deserve our two beautiful peninsulas, an engi- venting one faction of Americans from to be heard through their elected rep- neering marvel that remains one of the dominating another. resentatives and the rights of each largest suspension bridges in the world. President Obama is not the first to American must be respected. Of course, Motown Records and all the become frustrated with the checks and As the State motto of Iowa goes, wonderful musicians who have come balances built into our constitutional ‘‘Our liberties we prize, and our rights since then gave the world some of the system. we will maintain.’’ most wonderful music and the best mu- In fact, at the dawn of the 20th cen- We must not let short term partisan sicians who have ever lived. tury, an entire philosophical move- interests trump those enduring con- The last few years have been tough ment developed around the idea that stitutional principles. on all of us in Michigan, but we have our Constitution had become out- The Senate, and the whole Congress, been through tough times before, and moded, that its focus on individual has a solemn duty to defend its con- every time we have come back stronger rights was no longer applicable to the stitutional role. than ever. We may be 175 years old, but modern age. The PRESIDING OFFICER. The Sen- one would not know it. Our economy is I mentioned in my previous remarks ator from Michigan. growing stronger and more nimble about the President’s unconstitutional f than ever. Great sacrifices have gotten appointments that it was Theodore us to this point as we have moved MICHIGAN’S 175TH ANNIVERSARY Roosevelt who started to change the through great recessions and changes way Presidents viewed power. Ms. STABENOW. Mr. President, I in a global economy. I am very proud It is worth noting that President rise today to congratulate my State of of everyone in Michigan who is work- Obama recently gave a speech in Michigan on its 175th anniversary of ing hard and bringing things back. Osawatomie, KS, the site of Teddy statehood. On Thursday, January 26, Our auto companies have made an in- Roosevelt’s famous ‘‘New Nationalism’’ 1837, President Andrew Jackson signed credible comeback. G.M. is, once again, speech. into law the bill granting Michigan the world’s largest automaker. Ford is That speech marked the beginning of statehood. The bill was surprisingly investing billions of dollars in Michi- Roosevelt’s break with the incumbent controversial. At the time, Michigan gan plants, and Chrysler is reminding Republican president, William Howard and Ohio had been embroiled in an ar- the country that the very best cars and Taft. gument called the Toledo war. Before trucks are imported from Detroit. I am Roosevelt then went on to challenge Michigan was granted statehood it had so grateful for all the sacrifice and Taft in the 1912 election on the Pro- to surrender its claim over Toledo. But hard work of our workers who have gressive Party ticket. in exchange we got the Upper Penin- helped get our companies to this point. In that speech, which President sula of Michigan, one of the most beau- It was great to hear President Obama Obama commemorated, Roosevelt de- tiful places in the entire country—I talk so much about the future of scribed his New Nationalism as ‘‘. . . would say in the entire world. So I Michigan’s economy in his State of the Union speech. We are diversifying to impatient of the impotence which think we won that trade. support new technologies and new busi- springs from overdivision of govern- Twenty-four years later President nesses. The President invited a Michi- mental powers.’’ Throw the Constitu- Lincoln would exclaim, ‘‘Thank God gan worker, Bryan Ritterby, who lost tion out the window. for Michigan,’’ when Michigan troops his job in the furniture business at age He went on to say that, ‘‘This New arrived to defend Washington, DC, dur- 55 and was able to get retrained and Nationalism regards the executive ing the Civil War. Around the turn of have a new job at a wind turbine fac- power as the steward of the public wel- the century, the auto industry took off tory on the west side of the State. He fare.’’ in Michigan. Henry Ford paid the said, ‘‘I am proud to be working in the An even more explicit description of workers $5 a day to build the Model Ts industry of the future.’’ That came the progressive view of the Constitu- so they could afford to buy the cars about because of the concerted effort of tion was written by the ultimate win- they made. That was viewed as revolu- all of us working together not only to ner of the 1912 presidential election, tionary at the time. Those workers not help General Motors and Chrysler but Woodrow Wilson. only created the middle class in this to focus on a manufacturing strategy In his Constitutional Government, country—and we are very proud it of the future to make things in Amer- Wilson wrote, started in Michigan with our workers— ica. The makers of the Constitution con- but they made America an inter- The President talked about our lead- structed the federal government upon a the- national superpower. ership with clean energy manufac- ory of checks and balances which was meant During World War I, Michigan fac- to limit the operation of each part and allow turing and advanced battery tech- tories built boats and vehicles that nology. In fact, Michigan is now No. 1 to no single part of organ of it a dominating helped turn the tide in Europe. During force; but no government, can be success- in new clean energy patents. We are fully conducted upon so mechanical a the- World War II, Michigan’s role became doing so much in innovation. In fact, ory. even more important. Auto plants were the U.S. Patent and Trademark Office Leadership and control must be lodged rapidly converted to military use, is opening a new office in Detroit in somewhere... building tanks and jeeps and bombers. July, which is the first satellite office It seems strange we have made it for The Nation’s first freeways were built in the country. I am proud to have of- 225 years under our Constitution. in Michigan to connect our factories in fered the provision to name it the Eli- He then goes on to describe at length Detroit with those in other parts of the jah McCoy Patent Office, after an Afri- why he feels the President is where State. The iconic image of Rosie the can-American inventor whose high- this ‘‘leadership and control’’ should Riveter saying, ‘‘We can do it’’ was quality products and innovations gave ultimately be lodged. based on a real woman named Rose rise to the expression, ‘‘the real This philosophy advocates a con- Monroe who worked at the Willow Run McCoy.’’ centration of power in order to more factory in Michigan. On Michigan’s 175th anniversary, effectively act on behalf of ‘‘the peo- After the war, Michigan experienced there are so many reasons I am proud ple,’’ at the expense of representing the incredible growth, becoming the home to represent our beautiful Great Lakes diverse views of Americans. of our American middle class. Only State, from our incredible waters to It is contrary to the founding prin- California and Florida saw greater pop- our tradition of manufacturing, to our ciples of our Nation and foreign to the ulation growth than Michigan in the great diversity in agriculture. We realities of American civic life. postwar years. Manufacturing took off make and grow products in Michigan. We are a large nation with tremen- across the State and eventually across We don’t have a middle class in this dous variety in both geography and the country. Farms saw greater in- country, we don’t have an economy un- people. creases in production with the inven- less we do that, and Michigan is, once

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with S98 CONGRESSIONAL RECORD — SENATE January 26, 2012 again, leading the way. I am most hon- Michiganians have left an indelible The ruling will mean that, more than ever, ored to serve the great people of Michi- mark on history, a mark that reaches big-spending economic interests will deter- gan who are, without a doubt, the far beyond our borders. The cry ‘‘Re- mine who gets elected. More money will es- toughest, friendliest, hardest-working member the Raisin!’’ rallied American pecially pour into relentless attack cam- paigns. Free speech for most individuals will people in the country. troops to win the War of 1812, and Cus- suffer because their voices will count for The author John Steinbeck once ter’s shout, ‘‘Come on, you Wolver- even less than they do now. They will simply wrote of a trip he took to Michigan. He ines!’’ helped turn the tide at Gettys- be drowned out by the big money. said, ‘‘It seemed to me that the Earth burg. From W.K. Kellogg’s cereal to This election year already confirms was generous and outgoing here in the Thomas Edison’s light bulb to Henry those fears. Senator MCCAIN noted ear- heartland, and, perhaps, its people took Ford’s assembly line, Michigan lier this month—and I will quote him a cue from it.’’ In fact, our people have. innovators have shaped the world again: Today, as we celebrate Michigan’s around us. Michiganians helped to run I predicted when the United States Su- 175th birthday, we have an incredible the Underground Railroad and to lead preme Court, with their absolute ignorance history to be proud of and an incredible the fight for civil rights. A Michigan of what happens in politics, struck down [the future to look forward to. woman, Sojourner Truth, changed the McCain-Feingold finance] law, that there Mr. LEVIN. Mr. President, the State world by asking, ‘‘Ain’t I a woman?’’ would be a flood of money into campaigns, of my birth, the State I am honored to And a Michigan man in the White not transparent, unaccounted for, and this is represent in the Senate, the great House, Gerald Ford, helped heal the exactly what is happening . . . and I predict State of Michigan celebrates its 175th wounds of division in the dark days of . . . that, in the future, there will be scan- birthday today. This landmark occa- Watergate. dals because there is too much money wash- sion is cause to reflect on Michigan’s Michigan has given the world re- ing around political campaigns now that no- body knows where it came from and nobody contributions to the greatness of our markable artists, from the poems of knows where it’s going. nation. Philip Levine to the sounds of Motown. Senator MCCAIN got it right. Look at Michigan has never failed to excite Michigan has given the world Magic Iowa, New Hampshire, and South Caro- imaginations. The great Civil War his- Johnson’s smile, Joe Louis’s power and lina. This election cycle has been the torian Bruce Catton, a Michigan na- Derek Jeter’s leadership. coming-out party for the super-PACs, tive, once wrote that Michigan has al- Michiganians look back with pride on the so-called ‘‘evil twins’’ of can- ways been less about the present than these 175 years. And we look forward didates’ campaigns. about our voyage to the future, ‘‘to the with hope and anticipation to that al- ways-approaching future that Bruce Why evil twins? Because unlike can- fantastic reality that must lie beyond didates’ campaigns, super-PACs can ac- the mists.’’ From the first European Catton described, to the fantastic re- ality that awaits our State in the years cept unlimited corporate cash. Unlike explorers who yearned to learn what candidates’ campaigns, super-PACs can they would find on the far lakeshore or ahead. I hope my colleagues will join me in celebrating the 175th anniversary hide the identities of who is funding around the next river bend, to the sci- them until long after the voting is entists and engineers who today are of Michigan statehood and the great- ness ahead for our State. over. Unlike candidate’s campaigns, charting the technologies that will de- super-PACs can run vicious and mis- fine our world for decades to come, I yield the floor. The PRESIDING OFFICER. The Sen- leading advertisements without anyone Michigan has always helped to answer being accountable to the voters. America’s burning question: What ator from Rhode Island. f Super-PACs supposedly cannot co- comes next? ordinate their activities with the can- To a large degree, that voyage of dis- CITIZENS UNITED ANNIVERSARY didates’ campaigns, but we all know covery has always been about the Mr. WHITEHOUSE. Mr. President, this is pure fiction. In practice, they growth of America’s economy and the representing a State that is coming up are run by close confederates of the prosperity of her people. The lumber on our 350th anniversary, I am de- candidates, fueled by the same donors that built great cities in New York and lighted to salute the great State of and acting in perfect harmony with the Chicago came from our forests. The Michigan on its 175th anniversary. campaigns and it is out of control. ores that fed the Industrial Revolution I rise to note the anniversary of an Through the date of the New Hamp- came from our Copper Country and unfortunate event that is undermining shire primary, super-PACs spent over Iron Mountains. The cars that put the the very core of our cherished democ- $14 million, far more than the can- world on wheels, and helped build racy. This past Saturday marked the 2- didates’ campaigns did themselves. America’s middle class, came from our year anniversary of the Supreme Here is the problem: Corporations are factories—as did the bombers and Court’s disastrous 5-to-4 decision in a not people. By refusing to acknowledge tanks that helped win World War II. case called Citizens United v. the Fed- this, the Citizens United opinion has And today, the exploration of new eral Election Commission. With that undermined the integrity of our democ- technologies in energy and transpor- feat of judicial activism, the conserv- racy, allowing unlimited corporate tation is helping to shape America’s ative block of the Supreme Court money to drown out ordinary citizens’ economy so that we can prosper in an gnawed a hole in the dike protecting voices. extraordinarily competitive global our elections integrity, overturned the This is not just some unfortunate marketplace. will of Congress and the American peo- side effect of a longstanding right en- Our State’s identity is inextricably ple, and allowed unlimited, anonymous shrined in our Constitution. This is linked to the jewels that surround us: corporate money to flood into our elec- new and novel. The Founders certainly the Great Lakes. Their waters provide tions. did not consider corporations to be the drinking water that sustains us. Senator MCCAIN recently called this citizens of our democracy. Corpora- They drive our economy. They help ‘‘one of the worst decisions in history.’’ tions are not even mentioned in the move goods to and from the far corners Senator SCHUMER said, at the time, Constitution once. Indeed, private busi- of the globe. They bring visitors to our ‘‘One thing is clear; the conservative ness corporations were actually rare at shores. And they are a treasure trove of block of the Supreme Court has pre- our Nation’s founding. memories—of families sharing a picnic determined the outcome of the next As Justice Stevens noted in his dis- on the beach, of a kayaker’s solo pad- election; the winners will be the cor- sent in Citizens United it is: dle through the mists of early morning, porations.’’ Implausible that the Framers believed ‘the of a youngster’s first successful cast of It is no secret around here that big freedom of speech’ would extend equally to a fishing line or of a sunset walk along corporate interests long have had over- all corporate speakers, much less that it the water. We are custodians of the sized influence in the legislative and would preclude legislatures from taking lim- largest store of fresh water on the executive branches. But Citizens ited measures to guard against corporate globe, and throughout our history, United supersizes that influence so it capture of elections. Michiganians have sought to exercise threatens to overrun our elections. So there is no case to support the that responsibility with gratitude and Here is how my home State newspaper, Citizens United decision if one is an care. the Providence Journal, explained it: ‘‘originalist.’’

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with January 26, 2012 CONGRESSIONAL RECORD — SENATE S99 Federal laws have restricted cor- favor of the general purpose of this measure. Supreme Court handed down the land- porate spending on campaigns since It is in the interest of good government and mark decision Citizens United, and 1907. The principle that an inanimate calculated to promote purity in the selection with it they gave corporations a blank business corporation is not allowed to of public officials. check to utterly destroy our political spend unlimited dollars to influence This finding of the Senate was magi- system. I wish to take a few minutes political campaigns is a long-estab- cally overturned by the Citizens United this afternoon to tell my colleagues lished cornerstone of our political sys- Five. Other courts are having trouble about the practical impact of this deci- tem from Teddy Roosevelt, a century swallowing this phony factfinding. sion and how it threatens our democ- ago, to Senators MCCAIN and Feingold The Montana Supreme Court re- racy and why we need to do something in our time, who won that bruising leg- cently rejected this false premise that about it. islative battle for the 2002 bipartisan underlies Citizens United. Here is what Let me start with the punch line. In Campaign Reform Act. Citizens United they said: Citizens United, the Supreme Court overturned not just all that legislation Clearly the impact of unlimited corporate ruled for the first time that corpora- but also overturned a long line of judi- donations creates a dominating impact on tions are guaranteed the same free the political process and inevitably mini- speech rights as real people to influ- cial decisions upholding those restric- mizes the impact of individual citizens. tions on corporate cash and elections. ence elections. I didn’t say it was a Now, that is true. But the conserv- So there is no case based on precedent funny punch line. The Court had pre- ative justices comprising the Citizens either. viously held that money or campaign Justice Stevens noted that ‘‘the only United Five had to make these unsup- contributions are speech, so function- relevant thing that has changed [since ported findings of fact. They are the ally that means the corporations are those prior precedents] . . . is the com- analytical linchpin of the Citizens now able to spend as much money as position of this Court.’’ United decision. Without the pretense they want, whenever they want, in any The conservatives got a majority of that corporate money could never cor- election in this country. five and they ran with it—judicial ac- rupt or appear to corrupt elections, the Let me tell my colleagues how. tivism pure, plain, and simple. The ac- rest of their analysis falls to pieces, My colleagues may have heard a lot tivism appears pretty nakedly in the and they would never have been able to about PACs. ‘‘PAC’’ is short for polit- majority’s finding of fact. open the floodgates for the big corpora- ical action committee, and it is an en- For starters, a Supreme Court is not tions. tity that is separate from a campaign supposed to make findings of fact. Its So they had to make these findings, that can run political ads on issues or role is to review the factual record pre- even though the findings were contrary support or oppose a candidate. They sented to it and interpret the law. But to precedent, contrary to common can also give a limited amount of the Supreme Court’s conservative bloc sense, contrary to fact. money directly to campaigns. The idea Americans of all political stripes are nevertheless made findings of fact in behind them is that if a number of citi- disgusted by the influence of unlim- Citizens United. Here is one: zens share views on issues, say, the en- ited, anonymous corporate cash in our vironment, they can pool their re- We now conclude that independent expend- elections. Rhode Islander Charles—I itures, including those made by corpora- sources, make their views known, and tions, do not give rise to corruption or the will just use his first name—in Little influence an election. They can run ads appearance of corruption. Compton wrote to me: to call for the election of a candidate They just declared that to be true. So [i]t is wrong that someone who shouts who supports those shared beliefs. But a company comes in, drops a couple louder or further, in this instance solely be- a PAC cannot coordinate with that cause they have more money, should drown million dollars to smear one candidate out another person . . . [C]orporations have candidate’s campaign. It is not sup- on behalf of the other in a closely con- no problems getting their views aired. posed to be an extension of that cam- tested race, and you don’t think that Hope-Whitney in Bristol wrote to me: paign. other candidate is in the company’s Prior to Citizens United, corpora- [j]ust the idea that a corporation is consid- tions could get involved in the political pocket? Please. ered an individual in regards to politics goes Say a year later that company comes against everything American to me . . . process, but there were special protec- back and it sits down quietly with the [T]hey have become the Emperors as they tions in place. They couldn’t use their Congressman and says: Remember that have the financial ability to be heard every- money to make a direct contribution ad we ran smearing your opponent last where . . . I’d be willing to bet that a major- to a campaign, and they couldn’t buy year that helped you win the election? ity of their own employees do not agree with political ads to directly influence elec- Well, here is one we are going to run their political representation. tions. Instead, they had to give money against you through a different, phony Elizabeth in Wakefield, RI, wrote: to a PAC, and how much they could shell organization unless you vote with Big business should not control our elec- give was very tightly restricted. Cor- us on this bill. No possibility of corrup- tions. It is bad enough that they deeply in- porations could only use their treasury tion or the appearance of corruption? fluence our politicians through lobbyists. funds to pay to set up and administer a Please. It is ludicrous. It is patently Rhode Islanders, like Americans PAC and could not use any money to false. across the country, have had enough. expressly advocate for the election or Here is another finding of fact by this In 2010, we came within one vote in this defeat of any candidate. Their execu- bloc of judges: Chamber of passing the DISCLOSE tives, like all other individuals, could The appearance of influence or access, fur- Act, which would have at least kept only write checks of up to $5,000 to thermore, will not cause the electorate to the corporate cash from flooding our these PACs. lose faith in our democracy. elections anonymously. This year, let’s Citizens United began the process of If all we are doing is listening to the redouble our efforts to limit the dam- unraveling these protections when it corporations, people are going to be age done by Citizens United. We must was found that companies could give fine with that. Please. Anyone in poli- if we are to preserve democracy of the unlimited money to PACs for the pur- tics knows how phony that statement people, by the people, and for the peo- poses of running ads directly advo- is. There are hundreds of thousands of ple from this tide of unlimited, unac- cating for or against a candidate. This pages to the contrary in the records of countable, and anonymous corporate kind of activity is called ‘‘independent the previous Supreme Court decisions money polluting the power of elections. expenditures.’’ that were overturned and from legisla- Thank you, Madam President. I yield There is one line from the Supreme tive hearings. the floor. Court’s opinion that I think is worth Here is what the Senate said 100 The PRESIDING OFFICER (Mrs. sharing with my colleagues, as Senator years ago, speaking about corporate MCCASKILL). The Senator from Min- WHITEHOUSE did as well, because it money in elections: nesota. highlights for me and for him just how The evils of the use of [this] money in con- Mr. FRANKEN. Madam President, I absurd the thinking of the Court was nection with political elections are so gen- rise today to talk about one of the on this case. It said: erally recognized that the committee deems worst Supreme Court decisions in the [I]ndependent expenditures, including it unnecessary to make any argument in history of the Court. Two years ago the those made by corporations, do not give rise

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with S100 CONGRESSIONAL RECORD — SENATE January 26, 2012 to corruption or the appearance of corrup- of the money. A company might give the wife of this same billionaire wrote tion. money to one shell corporation which, another $5 million check to Mr. Ging- I added the emphasis. in turn, could give money to another rich’s super PAC to help him out in This one line that is so flawed and so PAC, and so on, until it finally reaches Florida. Now, I wish I could offer an ex- out of touch with reality is what has the ultimate super PAC. With records ample of a company writing a similar spawned the complete unraveling of published so infrequently, it is nearly check, but as I mentioned before, there our campaign finance system, and it impossible to trace back to the origi- is just no way of knowing if they did or has opened the floodgates for political nal corporation. didn’t because they don’t have to dis- spending. To make matters even worse, many close it and they can take steps to hide A subsequent case, FreeSpeech- super PACs have been able to get per- it. But this example of two $5 million Now.org v. FEC, continued what Citi- mission from the Federal Election checks from one couple who just hap- zens United started by finding the con- Commission to delay their disclosure pened to be willing to talk about their tribution caps—the limits on what cor- statements, rendering all of these sup- donations should show just how big we porations and wealthy individuals can posed disclosures completely useless. are talking about. This is very, very give to PACs—to be unconstitutional. So back to the punch line. Corpora- big money, and it is happening now. The combination of these two court tions can now spend an unlimited sum To be fair, Mr. Romney has his own cases is what gave rise to what is now of money to buy elections, and the super PAC called Restore Our Future, known as a super PAC, and as a result American people generally won’t even and it is currently outspending every many regular PACs have now given know about it. Corporations and super- other PAC in Florida by 20 to 1. I wish way to these super PACs. What does wealthy individuals no longer have to I could tell my colleagues how this is this mean in practice? It means that play by any sensible rules when it possible, but the first disclosure state- corporations can now give an unlimited comes to the checks they write for ment for this campaign season won’t be amount of funds directly from their campaigns. Citizens United ushered in out until the end of this month, and general treasuries to PACs and that the wild, wild west of political spend- even then it will be hard to trace it those funds can be used to run ads sup- ing. But don’t take my word for it. back to individual companies or people porting a candidate or running attack Let’s look at some of the numbers. through all the shell corporations and ads against their opponents. And be- In the 2010 election, outside groups other PACs. cause the cap on contributions to PACs spent over $280 million on political ads This is only the beginning. Hold on was eliminated for individuals as well, and other campaign expenses. This is to your hats. Over the next 10 months, now CEOs and other superwealthy indi- more than double the amount spent by I predict we will not just see a flood, viduals can write multimillion-dollar outside groups in 2008 before the deci- but we will see a tidal wave of political checks to influence elections. This en- sion, and it is more than five times the spending by corporations and the tirely undermines the restrictions that amount spent by these groups in 2006. wealthiest of the wealthiest Ameri- were put in place on how much an indi- The chamber of commerce alone spent cans, the vast majority of whom are vidual or corporation can give to a can- more than $32 million on campaigns in also running these corporations. And didate running for office. A person just 2010, which is more than any other sin- what will this mean? It means it will gives however much they want to the gle outside group, and it is nearly dou- be hard for $25 individual contributions candidate’s super PAC, and they buy ble the amount it spent in 2008. Outside to make any impact when compared to ads that support the candidate’s elec- groups spent more on political adver- a single $5 million check from a super- tion or, as we have seen a lot of lately, tising in 2010 than the official Demo- wealthy and super-self-interested indi- they run negative ads that smear an- cratic and Republican Party commit- vidual. Your voice and the voice of mil- other candidate. tees. lions of Americans like you will be A super PAC is not a new legal enti- But that was 2010, when corporations overwhelmed by the voice of a corpora- ty; it is just a PAC that started to bun- and the superwealthy were just begin- tion or ‘‘uber’’ wealthy individual who dle together these unlimited corporate ning to understand the utility of this can write multimillion-dollar checks donations with unlimited donations amazingly misguided decision. The last without blinking an eye. All of this is from super-rich individuals with the several months have given us example going to happen under a shroud of se- goal of supporting or defeating certain after example of what big money can crecy. candidates. Let’s be clear. These super do to control the political process. We may not know who is bankrolling PACs aren’t about issues, they are Now, I may not agree with the views these groups, but we do know who is about campaigning for candidates— of all of the Republican primary can- hurt by them, and it is all of us— even though they ostensibly can’t co- didates—or any of them, for that mat- Democrats and Republicans alike. No ordinate with the official campaign ter; some of them individually, maybe, matter where one’s ideology falls or and legally a candidate can’t even but not as a whole—but I do believe with what political party one associ- force them to stop. that everyone deserves a fair shake ates, I think people will agree with me As so many people have noted, in this when they run for office. And a fair that this process isn’t fair. It isn’t new political reality it would be uni- election is just not possible when cor- right, and it is something we need to lateral disarmament—and ultimately porations and wealthy individuals can change. electoral defeat—for elected officials to swoop in and drown out the voices of Congress tried to do something about run away from super PACs. That is hundreds of thousands of Americans this a little over a year ago when we why the system needs to be changed. with a single fat check. took up CHUCK SCHUMER’s DISCLOSE But it gets even worse. In a post-Citi- Madam President, I ask unanimous Act. Despite overwhelming public sup- zens United world, one often cannot consent for 4 more minutes. port for disclosure laws, this tremen- even find out where the money is com- The PRESIDING OFFICER. Is there dous piece of legislation did not pass. It ing from. PACs and super PACs have to objection? Without objection, it is so failed in the Senate by one vote. I am disclose several times a year where ordered. sad to say that every Democrat voted they get their money from, but compa- Mr. FRANKEN. Former Speaker for it and every Republican voted nies often don’t want us to know they Newt Gingrich pulled off a surprise win against it. That is a very disappointing are giving lots of money to elect or de- in South Carolina. But I would venture outcome because this is an issue that feat someone, so they do something to guess it wouldn’t have happened if affects candidates of both parties. It is that looks like money laundering, ex- Mr. Gingrich’s super PAC hadn’t re- one we should all be able to get behind. cept that it is legal. They might create ceived a $5 million check from one guy, We are all hurt by corporations that and give money to a shell corporation a multibillionaire from Las Vegas. can write enormous checks to their fa- which in turn donates to a super PAC. This super PAC, also known as the vorite politician, and we are all hurt When you look at the records of the group Winning Our Future, used the when wealthy individuals can shield super PAC, which are published only money to pay for attack ads against their contributions from the public by about quarterly, you will see the shell former Governor Mitt Romney. Just a donating to shell groups and phony or- corporation but not the original source few days ago, it was announced that ganizations that do nothing but pass

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with January 26, 2012 CONGRESSIONAL RECORD — SENATE S101 those dollars on to help the candidate where it is coming from or who would would shine a bright spotlight on this of their choice. This is a matter of benefit from the policies being advo- process and force special interest transparency and accountability and cated. This is wrong. It is not the way groups and CEOs to take responsibility fairness which should cut across the elections in America are supposed to for the ads they put on the airwaves— entire political spectrum. work. the same way candidates do. That bill Although we may not agree on every- We are a country that believes very would have strengthened overall dis- thing, I do think we can all agree we strongly that every voice deserves to closure requirements for groups that need to do more to bring greater trans- be heard. If you have a good idea, you are attempting to sway our elections. parency to the election process. A can go out and talk about it. If your It would have banned foreign corpora- number of my Republican colleagues fellow citizens agree with you, they tions and special interest groups from agree with me—and had agreed for can stand with you. They can tell their spending in U.S. elections, made sure years before the Supreme Court further friends and their neighbors and vote for corporations are not hiding their elec- unraveled restrictions on corporate you or in support of the issue. That is tion spending from their shareholders, spending. one of the foundations of our great de- limited election spending by govern- I will read one of the quotes. A good mocracy. Today it is being subverted. ment contractors to make sure tax- friend of mine, Senator JEFF SESSIONS, The Citizens United ruling has given payer funding is never used to influ- said: special interest groups and the wealthi- ence an election, and would have I don’t like it when a large source of est Americans a giant megaphone to banned coordination between can- money is out there funding ads and is unac- drown out the voices of ordinary citi- didates and outside groups on adver- countable. . . . To the extent we can, I tend zens across America—to spend unlim- tising so corporations and special in- to favor disclosure. ited money and do it with no trans- terest groups can never sponsor a can- I could go for minute upon minute parency, no accountability. didate. upon minute reading these quotes. I This is a personal issue for me. When That bill was blocked on the Senate will not in the interest of time. I first ran for the Senate back in 1992, floor last session, but we cannot give So this is a problem we all need to I was a long-shot candidate with some up. We need to overturn Citizens recognize, we all need to deal with. Re- ideas and a group of amazing and pas- United and hand democracy back to publican Presidential candidates are sionate volunteers by my side. Those our citizens. Anyone who believes spe- dealing with it now, but soon it will be volunteers cared deeply about making cial interest groups and big corpora- the Democrats’ turn. So I have teamed sure the voices of average Washington tions should not be able to spend un- up with a number of my colleagues, State families were being represented. limited money influencing our elec- many of whom will be speaking today, They made phone calls. They went door tions without any accountability or to see that Congress can take up legis- to door. They talked to families across any transparency should support this lation where we disclose, where we my State who wanted more from their effort. Anyone who believes foreign en- have greater transparency for this out- government. Well, we ended up winning tities should have no right to influence of-control spending. We are going to that grassroots campaign because the U.S. elections should stand by our side. work hard to bring our Republican col- people’s voices were heard loudly and And anyone who agrees with Justice leagues to the table and get their clearly. But to be honest, I do not Brandeis that ‘‘sunlight is the best dis- agreement on a path forward. Disclo- think it would have been possible if infectant’’ should drop their opposition sure will not fix all the evils of Citizens corporations and special interests had to this and work with us to get this United, but it certainly will be a step been able to drown out their voices done. forward. I hope my colleagues will join with a barrage of anonymous negative Throughout the history of our great with us in this effort, and I hope to be ads. Nation, ordinary citizens have had a back on the floor many times on this My story is not unique. In every elec- strong voice in our electoral process. issue. tion across the country, ordinary citi- The Citizens United decision is a threat Madam President, I thank you for zens make the decision to get involved to that critical foundation of or democ- your indulgence because I have run out in the political process. They lace up racy, and 2 years later, it is clearer of time. their shoes, hit the streets, and make than ever that we cannot allow it the I yield the floor. their case to their fellow citizens. They stand. So I thank all of our colleagues The PRESIDING OFFICER. The Sen- ask their friends and their neighbors who are speaking out here on this floor ator from Washington. for financial support to help them and vow to continue to work with them Mrs. MURRAY. Madam President, I spread their ideas. And they publicly— to right this wrong. thank the Senator from Minnesota. As publicly—release the names and con- I yield the floor. he was eloquently telling us, last Sat- tributions of everyone who supports The PRESIDING OFFICER. The Sen- urday was the 2-year anniversary of their campaign. ator from Connecticut. the Citizens United Supreme Court de- These men and women come from all Mr. BLUMENTHAL. Madam Presi- cision that caused our democracy to different walks of life, and they each dent, I am proud to follow the distin- take a giant step back from the values have their own reasons for running, but guished Senator from the State of we hold dear in this country. It was a for most of our Nation’s history, they Washington who has spoken so power- ruling that overturned decades of cam- had a shot. They could compete. Ordi- fully on this issue, which is especially paign finance law and policy, allowed nary Americans who wanted to get in- appropriate at this time because we do corporations and special interest volved in public service to improve mark the 2-year anniversary of the groups to spend unlimited amounts of their community or their State or U.S. Supreme Court’s momentous and their money influencing our democ- their Nation could do that because misguided decision in Citizens United racy, and blew the door wide open for their voice could be heard. But if Citi- v. Federal Election Commission. That foreign corporations to spend their zens United is allowed to stand, these decision strikes at the core of demo- money on elections right here in the Americans are going to be drowned out cratic ideals and principles, not just United States. and beaten down by the onslaught of because it opens the floodgates for That disastrous decision opened loop- unlimited and anonymous money spe- money that can drown out the voices of holes in our campaign finance laws big cial interests can throw into races to millions of ordinary Americans in the enough for the biggest corporations support the candidates who agree with political process, but it also dem- and wealthiest Americans to drive them, the candidates who will be good onstrates the results of judicial activ- truckloads of anonymous money right for their own bottom line and who will ism at its worst. In that case, the through, and as we have seen over the not threaten the loopholes and sub- Court, by a 5-to-4 margin, held that last 2 years, that is exactly what they sidies or tax breaks from which their corporations have a first amendment have done. Tens of millions of dollars financial backers profit. This is wrong. right to spend unlimited amounts of have flooded our electoral process, with It needs to end. money in the service of political can- no transparency, no accountability, no Last session, I was proud to support didates and that those rights cannot be way for the American people to know legislation—the DISCLOSE Act—that abridged by placing limits on their

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with S102 CONGRESSIONAL RECORD — SENATE January 26, 2012 independent spending for political pur- lic—a number of them have been men- berg, the Court halted a class action poses. tioned by my colleagues—and I support lawsuit by consumers who signed up This decision not only expanded the them. The Supreme Court’s opinion in for a credit card marketed to individ- ability of wealthy individuals and large Citizens United naively argued that uals with poor credit histories. Each of corporations to flood out the voices of voters could readily learn the identity those decisions and others has been in- millions of ordinary Americans, it also of companies behind these corporate- terpreted as part of a pattern that led reversed nearly a century of existing funded political advertisements. But the Senate Judiciary Committee to law and struck down the validly ap- the fact is otherwise. hold a hearing a few months ago enti- proved—by this Congress—Bipartisan Nearly half of the $300 million spent tled: ‘‘Barriers to Justice and Account- Campaign Reform Act, approved in by outside groups in 2006 came from ability: How the Supreme Court’s Re- 2002. The purpose of that act was to groups that did not disclose their fund- cent Rulings will Affect Corporate Be- limit the corrosive influence of money ing source. We must pass disclosure havior.’’ on our political process that has been legislation immediately to at least But more important than that per- discussed and denounced by Members allow sunshine to rein in the worst ex- ception and the appearance of that fa- of this body again and again and again cesses of this new system, to give ordi- voritism in judicial activism is the ac- and by the President of the United nary Americans the knowledge they tivism itself, the potential over- States as recently as a couple nights need so that disclosure protects their reaching that undermines the faith and ago. freedom. confidence of people in the Court. Citi- This decision, in my view, was wrong But I also believe we need to go fur- zens United exemplifies judicial activ- as a matter of law as well as policy. It ther, and that is why I am a cosponsor ism at its worst. People want limits on enables unlimited anonymous money of the constitutional amendment that the corrosive and corrupting influence to be contributed in support of or oppo- would reverse this decision. The of money. They want restraints on the sition to candidates. It allows the amendment, S.J. Res. 29, would reit- power of corporations and wealthy in- wealthy and powerful to have a dis- erate what we all believed the law to be dividuals to fund—— proportionate voice in the most impor- before Citizens United. That resolution The PRESIDING OFFICER. The Sen- tant and fundamental aspect of our de- clarifies, and the amendment would do ator’s time has expired. mocracy—a free and fair election that so, that Congress does indeed have the Mr. BLUMENTHAL. I ask unanimous counts everyone’s vote equally. power ‘‘to regulate the raising and consent for 2 additional minutes. The PRESIDING OFFICER. Without The shock waves of that decision in spending of money and in kind equiva- Citizens United are reverberating now objection, it is so ordered. lents with respect to Federal elections Mr. BLUMENTHAL. In closing, peo- with increasing impact throughout our and that States have the authority ple speak through their legislature. political system. We can see them with regard to State elections to do the The judiciary struck down a measure every day, literally, in the ads that ap- same.’’ through which the people spoke to pear on TV in major markets in the I know that amending the Constitu- place those limits on the ability of cor- primary States and throughout the tion is not easy, and supporting a pro- porations to shape results, and the ju- country that could and would—might posed amendment is not something I do diciary now should be overturned as well be in the voices of the can- lightly. But, unfortunately, the Su- through a constitutional amendment didates themselves. Outside groups preme Court has clearly demonstrated that restores the Democratic voice of spent four times as much money in the that it will permit unchecked cor- the people as a whole. 2010 midterms as in the 2006 mid- porate power over elections, and the I yield the floor. terms—nearly $300 million. Nearly half task is then for Congress and the The PRESIDING OFFICER. The Sen- of the money spent in the 2010 elections States and the people to restrain such ator from Oregon State. was spent by just 10 groups. Outside spending and thereby rein in the Su- Mr. MERKLEY. Madam President, spending per race tilted in favor of the preme Court. my colleagues and I come here today to winning candidate in 60 of the 75 con- Many have seen Citizens United as an speak out against the hijacking of tests last year where power changed expression of the U.S. Supreme Court’s American democracy by powerful spe- hands. This impact is visible and tan- judicial activism in favor of well-fund- cial interests. It was 2 years ago this gible, undeniable in our political proc- ed and well-lawyered corporations, last Saturday that the Supreme Court ess. It is right before us, as visible as often at the expense of vulnerable found in Citizens United that unlimited the desks and people in this Chamber. Americans, and there is support for secret funding of campaigns in Amer- That impact can be expected to grow that view of the Supreme Court trend ica is just fine. This is not an opinion dramatically in 2013, as spending in the in decisions. shared by Americans who understand Presidential years is typically much In AT&T v. Concepcion, it expanded that secret donations corrupt the elec- higher than in the midterm elections. the ability of companies to force con- toral process. It is not an opinion According to opensecrets.org, which sumers into secretive binding arbitra- shared by virtually everyone who tracks political spending, as of today, tion agreements. In Wal-Mart v. Dukes, serves in this body, who has come to 296 groups organized as super PACs it restricted the ability of similarly this floor and talked about trans- have already reported spending nearly situated persons, including female em- parency and accountability. Certainly $41 million on the upcoming election. ployees who faced discrimination in it is a viewpoint that would be very These super PACs are banned from ex- the workplace, to ban together and strange to the authors of the Constitu- plicitly coordinating with the can- seek redress against a powerful com- tion. didate they support, but they are oper- pany. What are those first beautiful three ated and controlled by supporters, In PLIVA v. Mensing, a case involv- words of the Constitution? Are they, many of them former staff members. ing a woman who sustained injuries ‘‘We the powerful’’? Are they, ‘‘We the Their collaboration and confederacy from a drug company’s failure to prop- special interests’’? No, they are not. are no less impactful because of that erly disclose the risk of a generic drug, Those three words are, ‘‘We the peo- rule barring explicit coordination. the Court sided with the drug compa- ple.’’ Virtually every schoolchild in We must act to limit the destructive nies, holding that a generic drug com- America can tell you that. ‘‘We the effects of Citizens United before it per- pany is not liable under State law for people.’’ That is what American democ- manently alters the nature of our po- failing to notify the FDA or the con- racy is all about. litical system, undermining it forever sumer about newly discovered risks of The entire Constitution is written for and eviscerating the fundamental the drug. the prosperity and success for the rights and freedoms that are protected In Sorrell v. IMF Health, the Court rights of the citizens of the United by our Constitution. overturned a Vermont law intended to States of America. Indeed, it was Presi- I am a strong proponent of legislative prevent improper and invasive prac- dent Lincoln who captured the genius proposals to force corporations and in- tices of drug companies tracking doc- of American democracy in this phrase: dividuals to disclose their enormous tors’ prescriptions to patients. Just 2 A government of the people, a govern- donations and expenditures to the pub- weeks ago, in CompuCredit v. Green- ment by the people, for the people.

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with January 26, 2012 CONGRESSIONAL RECORD — SENATE S103 Citizens United is the opposite. Se- ful money make an enormous dif- even harder to send the message that cret unlimited donations are an instru- ference in who wins elections. voters want; that is, we made our ment of the powerful. Secret unlimited Why is this corrupting? Every person choice because we have full and com- donations are an instrument of very on this floor, every one of us sees that plete information. pattern. Everyone running across this large companies. Our Constitution hon- Now, all of this was getting worse country sees that pattern. It means, ors free speech. The first amendment is until the Congress came together to about free speech. It recognizes how when the powerful come to an indi- take two steps. The first was Congress important it is that citizens are able to vidual and say: You are going to run. enacted regulations of independent ex- openly debate the merits of candidates This is my position. Will you not back penditures and eliminated the so-called and the merits of ideas. But the action it? And they know that company can of the first amendment is that com- put millions into their race, that cor- soft corporate money that had begun peting voices must be heard and meas- rupts the process. to overwhelm the process. ured against each other in a market- When a bill is on the floor of this The second step—and I want to thank place of ideas. But that falls apart Chamber and someone knows the per- Senator COLLINS from Maine for work- under Citizens United. son backing that bill can spend mil- ing with me on this issue—is we passed Under Citizens United, the torrent of lions of dollars in the upcoming race, what is called ‘‘stand by your ad.’’ cash amounts to the equivalent of a that corrupts this process. That is not what American democracy is all about. This is the law that requires can- stadium sound system drowning out didates who sponsor political ads to the voices of the people. Let me give So we must change that. We must have take individual responsibility for their you an example of what I am talking full disclosure of donors. We must have ads and state in the ads that they ‘‘ap- about. If you were to take a very suc- timely disclosure of donors. We must prove this message.’’ I thank Senator cessful company in 2008—I will choose have commonsense limitations on how one, Exxon, a very profitable com- money is raised and how it is spent. SCHUMER, who has been a champion for pany—if it had spent 3 percent of its That is why with others, I have joined this kind of accountability for years. net profits in 2008, that money would to back Senator TOM UDALL’s constitu- That is where we were until the U.S. have been equal to the money spent by tional amendment that makes it very Supreme Court’s decision in Citizens all Americans on the Presidential cam- clear that is exactly what can be done. United drove the system right back paign. One company, one board room, This does not constrain speech; this into the mud. Through this decision, one proposal, spending 3 percent—only makes free speech work as designed in the Supreme Court has seen fit to cre- 3 out of 100—of the net profits, equiva- the Constitution for the citizens in a ate what amounts to a new route for lent to all money spent by all of the government by and for the people. massive sums of unreported, unac- I yield the floor. rest of America on a Presidential elec- The PRESIDING OFFICER. The Sen- countable, and unacceptable spending tion. That completely corrupts the ator from Oregon. to drown out any responsible discourse. concept of a government of the people, Mr. WYDEN. Madam President, I In my view, this decision degrades our by the people, and for the people. commend my colleague from Oregon democracy and creates the appearance Now, in 2012 we are seeing the re- for his statement. that the American Government is sim- sults. I am going to put up a chart. Mr. SCHUMER. Would the Senator ply up for sale to the highest corporate Take a little comparison. We see that yield? bidder. spending in 2008 at this point in the Mr. WYDEN. I would yield. campaign was about $23 million. About Mr. SCHUMER. I ask unanimous con- This decision by the 5-to-4 majority half of that, where these blue arrows sent that I be allowed to speak imme- on the Supreme Court overturned al- most a century of precedent and under- come to, was coming from independent diately after Senator WYDEN for no expenditures. The other half was com- more than 5 minutes. mined the intent of the Founders. The ing from candidates and parties. The PRESIDING OFFICER. Without decision, in my view, reflects a lack of Well, here we are 4 years later, post- objection, it is so ordered. understanding about a political process Citizens United. Look down here, and Mr. WYDEN. I thank the Senator and an inability to see the corrosive ef- you will see the very small amount from New York for his courtesy. I too fect of massive and hidden expendi- that comes from candidates and par- will be brief. It is an extraordinary tures. ties. You will see this enormous part of honor to represent Oregon in the Sen- Justice Kennedy, in the decision, spe- the funding coming from independent ate. Having this special privilege, I cifically said this: parties. Ninety-five percent up to this have tried to make the lodestar of my point is coming from independent par- service transparency and account- We now conclude that independent expend- ties. Well, the number went from 26 to ability. It is why I worked with the dis- itures, including those made by corpora- tinguished Senator from Missouri Mrs. tions, do not give rise to corruption or the 45, and the amount spent through the appearance of corruption. ordinary system has dropped mas- MCCASKILL to end secret holds in the sively. This is the special interest im- Senate. In effect, it was the opinion of the pact on American elections. This is the I have had more than 600 open town Court that if Disney or Comcast or impact of the powerful on American meetings. That is why we take legisla- British Petroleum spends $20 million in elections. tive drafts and put them online so citi- an otherwise $10 million Senate race Now, let’s look at the campaigns to zens can comment wherever possible. It advocating one candidate, that newly date for the Presidency. The Iowa cau- is all about transparency and account- elected Senator will not even have the cuses: Newt Gingrich started to rise to ability. Today’s campaign finance sys- appearance of working in their cor- the top of the polls, but then super tem is neither. It is not transparent, it porate interests instead of the public PACs supporting Mitt Romney weighed is not possible for Americans to see interest. In my view, that kind of rea- in. They came to town and they spent who is giving what sums to what par- soning does not pass the smell test. a huge amount of money. When caucus ticular candidate, and there is no ac- This is the sort of decision that ought night came, Gingrich lost, and he lost countability—certainly no account- to be left to the branch of government badly. ability in the sense that when people with constituents who understand not Newt Gingrich commented, ‘‘For a go to the polls in Vermont or New just the theory but the reality of elec- State this size,’’ referring to Iowa, ‘‘to Hampshire or New York or anywhere tions. spend that number of dollars in nega- else people know who has given a dona- tive ads aimed at one candidate is pret- tion so that they can factor that in to It is incumbent upon the Congress, ty amazing.’’ their political judgment. whose members do understand the elec- It is amazing and it is effective. The With the explosion of mass media, toral system, to begin the process of story changes when Newt Gingrich had the tradition of negative campaigning restoring balance to the mechanisms of a super PAC of his own that came in through pamphleteers and partisans democracy. This needs to be done be- with $5 million in South Carolina. In- has grown and grown to the point fore our elections are entirely overrun stead of being defeated, he won. The where the typical voter cannot find a by shadowy interests warring un- pattern is clear. The message is clear: way to avoid the flood of half truths checked, using the political system and The vast expenditures of secret power- and outright falsehoods. It becomes American voters as pawns.

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with S104 CONGRESSIONAL RECORD — SENATE January 26, 2012 My final point is that I do not reach One of the foremost needs of our soci- decision allows—and we have not this judgment lightly. I believe con- ety is for a fair functioning democracy, changed it because our colleagues on stitutional amendments ought to be re- where there is some semblance of the other side are even against disclo- served for those situations when the equality, that each person who votes sure, which, of course, is allowed by delicate balance set up by the Founders has the same weight in the system. We the law—the American democracy gets has been upset by time, circumstance, know money counterbalances that fun- weaker. or, in this case, a sudden and ill-consid- damental fairness, but never has the Even eight of the nine Justices, in ered change in the jurisprudence that balance been so put out of whack as by the activist and overreaching decision governs our system. That is the situa- this decision. This decision—it is hard in Citizens United, agreed that the tion we face today, and it is why I have to believe that our Supreme Court Jus- American people deserve meaningful decided to add my name to the spon- tices, whatever their ideology, went for disclosure. That makes the decision sors of this amendment. this. I hope some of them are paying even more galling because they didn’t I yield the floor. attention. require disclosure or limit what they The PRESIDING OFFICER (Mr. To be honest with you, I sat behind did in light of the fact that we don’t SANDERS). The Senator from New York. the Supreme Court Justices at the have disclosure, as they wrote. The Mr. SCHUMER. Mr. President, I rise State of the Union Address. I was so Court found, though, that there was a today to again call for increased disclo- tempted to talk to them about this, strong governmental interest in ‘‘pro- sure of campaign contributions and ex- but I wasn’t sure if that was appro- viding the electorate with information penditures so the American people are priate protocol. I hope they are listen- about the sources of election-related informed about who is spending in our ing today—particularly Justice Ken- funding.’’ elections. nedy, the swing vote, who wrote the In conclusion, we cannot afford to be I thank my colleagues from Oregon, majority decision. I hope they will lis- complacent while our democracy is Senator WYDEN and Senator MERKLEY, ten to what we are saying because under attack. The effect of the Court’s for their good remarks, as well as what they are doing is undoing our de- decision is clear. The flood of secret many of the others who have spoken. This week marks the second anniver- mocracy. It is that fundamental. money has begun cascading through In short, the Citizens United decision sary of the Supreme Court’s appalling our election system, and the American represents one of the most corrosive decision in Citizens United, in which people need us to act. Spending by spe- and destructive changes in law that Chief Justice Roberts and his cohort of cial interest groups must be checked, has occurred in recent memory. De- activist judges overturned a century of and the very least we can do is demand legal precedent and created a flood of mocracy is already struggling to stay that these groups step into the light special interest group spending cours- afloat in a sea of powerful special in- and identify themselves. ing through the veins of American elec- terests, and this decision is an anchor The Citizens United decision is a poi- tions. around its neck. son coursing through our body politic It is my view this decision has done In my judgment, there is no more im- and disclosure is the antidote. more to poison our politics than most portant step we can take to ensure I yield the floor. If Mr. COATS is not any other in recent times. In fact, America’s continued greatness than to here, with the permission of the minor- some have argued this is the worst de- fight back against this deeply flawed ity, I ask unanimous consent that the cision the Supreme Court has made decision allowing anonymous special Senator from New Hampshire be al- since Plessy v. Ferguson. I agree a interests to subvert democracy. The lowed to proceed immediately after great deal with that argument. need for reform is urgent. me. The Court’s decision created a loop- Last Congress, I sponsored the Dis- The PRESIDING OFFICER. Is there hole that allowed entities to create close Act to foster effective disclosure. objection? groups to serve as a conduit to anony- I pledged my continuing commitment Without objection, it is so ordered. mously funnel money and mislead the to fight for disclosure legislation in The Senator from New Hampshire. public about their true motives. The this Congress. The Disclose Act failed Mrs. SHAHEEN. Mr. President, to all decision has also led to the creation of to get cloture by one vote. I hope the of my colleagues who have come to the super PACs, which are not only able to level of unmitigated spending in the floor today to talk about the critical receive unlimited contributions and Republican primary has changed the nature of spending in our campaigns, I spend money at unprecedented levels, minds of the opponents. As we have say I am pleased to join them to talk they are able to do so without account- seen, we now have a system where a about the importance of preserving our ability, working under the protective single person can change the course of representative democracy by restoring shadow of anonymity. As a result, a an election. That is a system more like some commonsense restrictions to our multimillionaire individual, corpora- monarchy than a democracy. Nation’s campaign finance system. tions, and labor unions could spend $1 This is not a partisan issue. There As we have heard, Saturday was the million or $5 million or $10 million are super PACs and other kinds of second anniversary of the Supreme against a candidate because they didn’t anonymous giving on both sides. In Court decision in the case of Citizens like his or her stand on the environ- fact, two of the leading candidates for United v. The Federal Election Com- ment, but all the ads would talk about the Republican Presidential nomina- mittee. Already we have seen how that would be, say, gay marriage. Nobody tion called super PACs ‘‘totally irre- decision has altered the landscape of would know where the ads came from. sponsible, totally secret’’ and ‘‘a dis- politics in this country. What the decision does is make our aster . . . [that] makes a mockery out When the Supreme Court struck people feel more and more distant from of our political campaign season.’’ down limits on corporate financing of our politics and our government. That That wasn’t me or Senator SHAHEEN or elections, it ushered in the age of the is corrosive—vituperatively corrosive BERNIE SANDERS speaking. One quote super PAC. These so-called super PACs for any democracy. What has happened came from Newt Gingrich and one can raise and spend unlimited amounts since this decision is appalling. I some- quote came from Mitt Romney. of money during political campaigns times wonder what our Supreme Court Disclosure will lift the curtain of se- with very limited disclosure require- Justices are thinking as they watch crecy and at least reveal the true iden- ments. what is happening. Can they hide up in tity of these organizations. One of the This election cycle the floodgates their ivory tower and say this is the Supreme Court Justices’ predecessors, have opened. Super PACs have already first amendment at work? They know Justice Brandeis, said, ‘‘Sunlight is the spent over $30 million in the 2012 cycle, better than anybody that no amend- greatest disinfectant.’’ People would and the election is still 10 months ment is absolute. They know we can’t not have malicious, pernicious, and away. That amount of money is stag- scream fire falsely in a crowded the- false ads if they had to disclose who gering. ater and we have libel laws, child por- they are. It is plain and simple. But if When I was home over the holidays nography laws, and other kinds of laws you can hide behind the shroud of se- in New Hampshire, before our Presi- that balance the needs of the first crecy and put unlimited money into dential primary, I witnessed firsthand amendment with other societal needs. these campaigns, as the Supreme Court that influx of corporate cash and what

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with January 26, 2012 CONGRESSIONAL RECORD — SENATE S105 it does to the Presidential election. ments in trying to resolve the situa- first amend the Constitution and grant Negative ads paid for by the super tion we have before us. Congress clear authority to regulate PACs contributed to disaffecting our Two years ago this week, the Su- the campaign finance system. In No- voters and drowning out the voices of preme Court issued its misguided deci- vember of last year, I introduced such the people, those ordinary, everyday sion in Citizens United v. FEC. Citizens an amendment. I am proud to say it citizens of New Hampshire who aren’t United was a victory for special inter- currently has 19 cosponsors and sup- able to put in tens of thousands of dol- ests at the expense of the average port continues to grow. lars, in some cases millions, to affect American. It held that corporations de- Our proposed constitutional amend- the outcome of an election. serve the same free speech protections ment is broadly tailored and similar to This has to stop. This is not a par- as individual Americans. It enables bipartisan proposals introduced in pre- tisan issue. The commonsense restric- these corporations to spend freely from vious sessions of Congress dating back tions that were struck down in the their treasuries on campaign adver- to 1983. It would authorize Congress to Citizens United decision were part of tising. It also gave rise to so-called regulate the raising and spending of legislation like the Bipartisan Cam- super PACs that we are seeing too money for Federal political campaigns, paign Reform Act of 2002, otherwise much of. These super PACs can raise including independent expenditures, known as McCain-Feingold. That and spend unlimited funds to campaign and it would allow States to regulate thoughtful legislation which had broad, for or against candidates. such spending at their level. It would bipartisan support limited soft money Now, what do we mean by corporate not dictate any specific policies or reg- and corporate funding of political ads treasuries and super PACs? Let me cite ulations. and campaign spending in a way that an example. Exxon—the large oil com- I chose my approach to not only made sense. pany—has $80 billion in its corporate overturn the previous bad Court deci- Our campaign finance system has treasury. If Exxon wanted to go out sions but also to prevent future ones. gotten way off course. It is time for us and create a super PAC or contribute We don’t know what a future Court in the Congress to help put it back on to these 200-plus super PACs that are may do. In Citizens United, the Court track. The unchecked influence of out there to the tune of $80 billion, it upheld campaign contribution disclo- money in our elections compromises could do it. That is what the Supreme sure requirements. A future Court might declare the same laws unconsti- the very future of our representative Court opened in terms of its ruling. tutional. Our amendment would rem- democracy. The toxic effect of this ruling has be- The monied special interests and cor- come brutally clear in the last 2 years. edy this problem by restoring porations have been given free rein to The Citizens United decision opened Congress’s authority—stripped by spend unlimited amounts of money the floodgates to unprecedented cam- Buckley v. Valeo and subsequent deci- sions—to regulate the campaign fi- during campaigns, and they do not paign spending, drowning out the nance system. If ratified, the amend- need our help being heard. It is home- voices of ordinary Americans. Huge ment would ensure that campaign fi- owners struggling to pay their mort- sums of unregulated, unaccountable nance laws would stand constitutional gages, parents who want to send their money are flooding the airwaves. An challenges regardless of the makeup of children to college but aren’t sure how endless wave of attack ads, paid for by billionaires, is poisoning our political the Supreme Court. they can afford it, and unemployed The text of my constitutional amend- discourse. The American public—right- workers who are looking for jobs and ment and any of the others is less im- ly so—looks on in disgust. As we head hoping tomorrow will be better than portant right now than the concept. today—those are the voices that are into the election year, this bad situa- Hearings can be held, and the text can being drowned out in a sea of corporate tion will only get worse. The check- be worked out. That is really the easy and special interest cash, and those are books are out, and the money is gush- part of a difficult process. What is the voices of the American people who ing. Citizens United really means citi- harder to achieve—and something we need to be heard in Washington. zens denied—denied a fair playing field, rarely see in our country—is gaining So on the second anniversary of this denied an equitable influence in our po- the widespread support necessary to decision, as we think about what we litical system, denied their right to be amend the Constitution. need to do to address this and to truly heard, and denied the right to The Citizens United decision was dis- change the negative direction it is tak- even know who is spending all of this astrous, and it may have been the very ing this country, I urge all of my col- money. catalyst we needed to build a move- leagues to turn their attention to this While much of the focus this week is ment to amend the Constitution. There important work and to reach across on Citizens United, we must realize is a groundswell of support growing the aisle to build consensus on this that the corruption of our campaign fi- across the country for a constitutional issue. Let’s all tell the American peo- nance system did not suddenly happen amendment to rein in the out-of-con- ple that we hear their voices calling for 2 years ago. The Citizens United deci- trol campaign finance system. City change. sion sparked a renewed focus on the councils, from places as diverse as Los I look forward to speaking with all of need for reform, but the Supreme Court Angeles and New York to Missoula, my colleagues in the coming weeks and laid the groundwork for a broken sys- MT, have endorsed resolutions calling months about the specific approaches tem many years ago. on Congress to pass an amendment. we can take to repair our broken cam- In 1976, the Court held in Buckley v. Several grassroots organizations and paign finance system, and I hope we Valeo that restricting candidate cam- coalitions have formed to advocate an will have the courage and the commit- paign expenditures violates the first amendment. Hundreds of thousands of ment to do something about this. amendment right to free speech. It es- citizens have signed petitions. Is it dif- Mr. President, I yield the floor. tablished the flawed precedent that ficult to amend the Constitution? Yes, The PRESIDING OFFICER. The Sen- money and speech are the same. Since and it should be. But I believe the ator from New Mexico. then, the influence of money has con- growing momentum demonstrates that Mr. UDALL of New Mexico. Mr. tinued to play an increasing role in our this is the right time for Congress to President, I very much appreciate join- Nation’s elections. Sadly, in many act. ing all my colleagues on the floor who cases, a candidate’s ability to either Our Founders did not intend for elec- have been speaking about the Citizens raise money or self-finance can out- tions to be bought and paid for by se- United case. I think what we are seeing weigh the quality of a candidate’s ideas cretive super PACs. Our Founders did in the Senate is what we are seeing in or dedication to public service. not bequeath a government of the mil- the country. The citizens of this coun- The Buckley and Citizens United de- lionaires, by the millionaires, and for try are concerned about unlimited cor- cisions, among others, demonstrate the the millionaires. Money can have a porate funds in campaigns, and Sen- Court’s willingness to ignore long- corrosive effect on the political proc- ators who are also concerned about standing precedent and declare our ess. We have seen evidence of that in that are standing and speaking out, as campaign finance laws unconstitu- campaigns at all levels of government. I know our Presiding Officer has, and tional. Because of this, I believe the We need to put elections back in the are offering constitutional amend- only way to truly fix the problem is to hands of average Americans and not in

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with S106 CONGRESSIONAL RECORD — SENATE January 26, 2012 the hands of special interests with un- her they had actually run out of the rienced shortages of critical drugs in limited bank accounts. We need to an- drug necessary to continue her treat- the past 6 months. More than 80 per- swer to the American people and not ment. This is in Minnesota, where we cent reported delays in patient treat- just to the privileged. Our Nation can- have excellent health care, as you ment due to a shortage. These aren’t not afford a system that says ‘‘come on know, Mr. President. Literally, they just a few stories that come into our in’’ to the rich and powerful but then ran out of the drug in the middle of a office anymore, these are the facts. says ‘‘don’t bother’’ to everyone else. chemotherapy treatment. The faith of the American people in While trying to get herself added to a For some of these drugs, no sub- their electoral system is being cor- wait list, Mary was able to call around stitutes are available or, if they are, rupted by big money. It is time to re- to other hospitals and clinics in her they may be less effective and may in- store that faith. It is time for Congress area in search of any available Doxil volve greater risk of adverse side ef- to take back control. It is time for a and was able to find extra treatments fects. The chance of medical errors also constitutional amendment that will four separate times. She actually rises as providers are forced to use allow real reform. talked to the forum about how she second- or third-tier drugs with which With that, Mr. President, I yield the grappled with the ethics of the fact they are less familiar. floor, and I suggest the absence of a that because she knew people and was A survey conducted by the American quorum. able to call around and get this, that Hospital Association showed that near- The PRESIDING OFFICER. The she was taking this limited drug out of ly 100 percent of their hospitals experi- clerk will call the roll. supply for herself and not for other pa- enced a shortage. Another survey con- The assistant bill clerk proceeded to tients. ducted by Premier Health System call the roll. However, because of a few delays in Ms. KLOBUCHAR. Mr. President, I the treatment, Mary’s doctor told her showed that 89 percent of its hospitals ask unanimous consent that the order that her tumor had, unfortunately, re- and pharmacists experienced shortages for the quorum call be rescinded. turned and that she was no longer re- that may have caused a medication The PRESIDING OFFICER. Without sponding to Doxil. She is now going safety issue or error in patient care. objection, it is so ordered. without treatment and, depending on It is clear that there are a large num- f her health condition, could be placed ber of overlapping factors that are re- on a clinical trial at the Mayo Clinic in DRUG SHORTAGE CRISIS sulting in unprecedented shortages. Ex- March. perts cite a number of factors that are Ms. KLOBUCHAR. Mr. President, I But these shortages aren’t just af- responsible. These include market con- rise today to talk about the drug short- fecting cancer patients. There are also solidation and poor business incen- age crisis that is continuing to spread shortages in drugs that help people im- tives, manufacturing problems, produc- across the country. I am proud to stand prove their quality of life. Just this tion delays, unexpected increases in de- here today with my friend and col- week, the Minneapolis Star Tribune re- league, Senator SUSAN COLLINS of ported that hundreds of patients in the mand for a drug, inability to procure Maine, who has been a leader on this Minnesota Sleep Disorder Center at raw materials, and even—and this is a issue and who shares my concern for so Hennepin County Medical Center have new phenomenon—the influence of a many patients who are struggling to suffered a shortage of Ritalin, ‘‘gray market,’’ where middlemen are find much needed medication. This is a Adderall, and their generic equivalents. literally hoarding the drugs because crisis that has grown to such propor- These shortages have had significant they have heard there is going to be a tion that current drug shortages have impacts on these patients’ quality of shortage. impacted individuals all across the life, oftentimes forcing them to pay Financial decisions in the pharma- country, forcing some patients to delay hundreds more dollars for expensive al- ceutical industry are also a major fac- their lifesaving treatments or use ternatives or professionals risking tor. Many of these medications are in unproven, less effective alternatives. In their careers to adjust to their diseases short supply because companies have some cases, drug shortages have even and spending extra hours and days of simply stopped production. They de- resulted in patient deaths. Enough is time trying to find ways to fill their cided it wasn’t profitable enough to enough. We can no longer just simply prescriptions or their pharmacists keep producing them. Mergers in the talk about this issue and have meet- doing that or their doctors doing that drug industry have narrowed the focus ings. We need to act. or their nurses doing that. We know of production lines. As a result, some Here is one story. A few months ago, how difficult this health care system is I met a young boy named Axel Zirbes. anyway, and now we are putting pa- products are discontinued or produc- Axel has bright eyes and a big smile. tients in this position and wasting the tion has moved to different sites, lead- He also happens to have no hair on his time of medical professionals to find ing to delays. When drugs are made by head because he has childhood leu- drugs that should be readily available. only a few companies, a decision by kemia. When his parents found he had These are just a few examples of real any one drugmaker can have a large leukemia, and he was scheduled to people who are just trying to deal with impact. start chemotherapy treatment last their disease, and there are many more To help correct a poor market envi- year, they learned that an essential like them. ronment or to prevent ‘‘gray market’’ drug—Cytarabine—was in short supply Across the country, hospitals, physi- drugs from contaminating our medica- cians, and pharmacists are confronting and might not be available for their tion supply chain, we must address the son. Understandably, they were thrown unprecedented shortages. Many of drug shortage problem at its root. Last into a panic, desperately looking for these are generic drug products that year, I introduced the Preserving Ac- any available alternatives. They even have been widely used for years and are cess to Life-Saving Medications Act to prepared and made plans to take Axel proven effective. Many of them are for to Canada, where the drug was still cancer. The number of drug shortages address this issue. With the support readily available. Fortunately, it has more than tripled over the last 6 and leadership of Senator COLLINS, didn’t come to that. years—and if you don’t believe my sto- Senator BOB CASEY, and others, this bi- But Axel and his parents are not ries, listen to this—jumping from 61 partisan bill would require drug manu- alone. Earlier this month, I held a drug products that were in shortage in facturers to provide early notification forum in Edina, MN, where a woman by 2005 to more than 200 last year. That is to the FDA whenever there is a factor the name of Mary McHugh Morrison not 200 instances, that is 200 different that may lead to a shortage. This will shared her story of how she struggled kinds of drugs that affect hundreds of help the FDA take the lead in working with the shortage of the chemotherapy thousands and millions of patients with pharmacy groups, drug manufac- drug Doxil. When Doxil went into across this country. A survey by the turers, and health care providers to shortage last year, Mary was in the American Hospital Association found better manage and prepare for impend- middle of her chemotherapy regimen that virtually every single hospital in ing shortages, more effectively manage and was shocked when her doctor told the United States of America has expe- those shortages when they occur, and

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with January 26, 2012 CONGRESSIONAL RECORD — SENATE S107 minimize—and that is what we want to the FDA to work with the Department who has received the diagnosis of can- do—their impact on patient care. The of Justice. But there is still much more cer and has started treatment and then legislation would also direct the FDA work to be done. Patients such as Axel finds out the lifesaving drug they need to provide up-to-date public informa- or Mary shouldn’t have to be burdened is not available. It is hard enough to tion of a shortage situation and the ac- with the added stress and worry about cope with the devastating diagnosis. To tions the agency would take to address whether they have enough medicine. It add to that the fact that the drug you them. is time for action. I urge my colleagues need isn’t available is just too much to Additionally, the bill requires the to pass our bill. bear. More than half of our hospitals FDA to develop an evidence-based list I now turn it over to my friend and have said they could not provide some of drugs vulnerable to shortages and to colleague from Maine, Senator SUSAN of their patients with the rec- work with the manufacturers to come COLLINS. ommended therapy. up with a continuity of operations plan The PRESIDING OFFICER. The Sen- Drug shortages are also adding to the to address potential problems that may ator from Maine. cost of care. Hospital pharmacists are result in a shortage. The bill would Ms. COLLINS. Mr. President, let me having to spend additional time—some also direct the FDA to establish an ex- first begin my remarks by commending 8 to 12 hours per week—dealing with pedited reinspection process for manu- my friend and colleague from Min- shortages, increasing labor costs by an facturers of a product in shortage. nesota for leading the way on this very estimated $216 million a year. With manufacturers providing early important bill. That is why I joined with my col- notification, the FDA’s drug shortage There are so many issues that divide league from Minnesota in cosponsoring team—and they do now have a drug us in this Chamber. Surely, this is an the Preserving Access to Life-Saving shortage team—can then appropriately issue that should unite us. It is not a Medications Act. Our bill will provide use their tools to prevent shortages Democratic issue. It is not a Repub- the FDA with better tools to better from happening. lican issue. It is an issue of serious con- manage and, we hope, prevent short- If you think this wouldn’t work, in sequence to the American people and ages of lifesaving medications. the last 2 years the FDA, with more in- to our health care system. I would First and foremost, it takes the very formation, has successfully prevented hope—and the reason Senator KLO- commonsense step of requiring phar- nearly 200 drug shortages. So it does BUCHAR and I have come to the floor maceutical manufacturers to notify work when they get the information. today—that we can act immediately to the FDA of the discontinuance, inter- But nothing requires them to get the pass our bill, get it through the House, ruption, or other adjustment in the information, and that is what we are and send it to the President. manufacture of a drug that would like- trying to do today. It is not the end- Physicians, pharmacists, and pa- ly lead to a shortage. Providing early all, be-all solution for the long term, tients throughout the country are warning when a drug will not be avail- but at least in the short term, when struggling to cope with the surge in able will help both physicians and their patients. It builds on its successful these patients are experiencing these shortages of needed drugs which is model—the FDA’s Drug Shortage Pro- drug shortages that can impact their causing significant disruption in health gram—which encourages manufactur- treatment, that can impact their lives, care and putting patients at risk. I ers to report potential or existing it gives the FDA that extra tool to share with my colleague from Min- shortages so that the problems can be look for alternative drugs. If they can’t nesota her concern about this criti- addressed or other manufacturers can find them in this country, maybe they cally important problem. ramp up their production. Through this can find them in Canada. But it puts According to the U.S. Food and Drug voluntary approach, the FDA was able the patient first, not the drug compa- Administration, the number of drug shortages has nearly quadrupled over to avert 195 shortages last year. nies. Our bill also directs the FDA to pro- the last 6 years, jumping from 61 prod- At the urging of the bipartisan work vide up-to-date public notification of ucts in 2005 to a record 231 by the end group I have been involved in, the FDA any shortages, and it directs the FDA of November of last year. And there ap- held a public workshop last September to work with manufacturers to estab- pears to be no end in sight. that brought together patient advo- lish contingency plans to address drug Many of the drugs in short supply are cates, industry, consumer groups, shortages due to manufacturing prob- vital. They are used in hospitals and health care professionals, and research- lems, such as the shortage of raw mate- cancer centers for anesthesia, for ers to discuss the causes and the im- rials or reduction in production capa- chemotherapy, and for the treatment pact of drug shortages and possible bilities. strategies for preventing or mitigating of infections. There are also continuing Our legislation would give the FDA future shortages. shortages of drugs used in emergency the information and the tools it needs In addition to the workshop, we have rooms and in intensive care units. to help address and prevent drug short- been speaking with a broad range of I have met with several doctors and ages. This, in turn, will help to ensure stakeholders to try to discover why we other medical professionals and phar- that our hospitals and health care pro- have seen such a large number of short- macists in Maine who are extremely fessionals are able to provide the best ages over the past few years. This cur- concerned about this issue. They have care medical science allows. Most im- rent explosion of shortages appears to told me that these shortages are caus- portant, it will help ensure that pa- be a consequence of a lack of supply of ing serious problems around our State tients have access to the medications certain products to keep up with the and across our Nation, including forc- they need when they need them most. substantial expansion in the scope and ing some medical centers to ration I am proud to join with my colleague demand for these products. We must drugs or postpone elective surgeries. from Minnesota in sponsoring such an ensure we have the manufacturing ca- Even more tragic, oncologists have important initiative. I urge our col- pabilities to keep up with the demand. told me of situations where they have leagues on the HELP Committee to act There are a lot of ideas for incentives been forced to change a patient’s chem- quickly to report this bill and the full and pricing, but we also know that otherapy regime midcourse because Senate to act without delay to approve those will take a long time to take ef- they suddenly encountered a shortage it as well. Surely, this is an issue that fect on the immediate shortage prob- of a particular drug. Moreover, for should bring this Chamber together lem. That is why we want to get this some drugs, such as the leukemia drug and that we should act on imme- bill passed—and passed very soon. Cytarabine, which Senator KLOBUCHAR diately. The President has issued an Execu- mentioned as well, there are no effec- The PRESIDING OFFICER. The Sen- tive order, which is helpful, but it still tive substitutes. ator from Minnesota. doesn’t get at the very serious problem This crisis is widespread. In a survey Ms. KLOBUCHAR. Mr. President, I of the kinds of drug shortages we are by the American Hospital Association, ask to speak as in morning business. seeing. The Executive order pushes more than 80 percent of our hospitals The PRESIDING OFFICER. Without drug companies to notify the FDA of reported that they have had to delay objection, it is so ordered. impending shortages, expands the treatment due to the shortages. Just Ms. KLOBUCHAR. Mr. President, I FDA’s current efforts, and instructs think what that is like for a patient thank Senator COLLINS for her great

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with S108 CONGRESSIONAL RECORD — SENATE January 26, 2012 leadership. This bill is moving. This special interests are playing in our The Citizens United decision may be bill is picking up support across the elections, and that heightens their sus- the most troubling of these activist de- Nation. Again, we need to get it done. picions that Washington is working cisions. We cannot wait. These patients cannot only for the powerful, only for the peo- This decision does not only impact wait. ple who can pay for issue ads. The pub- one group of people or one area of the f lic justifiably believes the more money law—it affects the very functioning of outside groups spend on campaigns the our elections and the democracy of CITIZENS UNITED less their voices are heard. How can more than 300 million Americans. Ms. KLOBUCHAR. I am here today they have a voice when people are The Court’s decision in this case also to talk about something that is drowning out their voices with multi- opened the door to unlimited corporate very important to the future of our de- millions of dollars? This is a big prob- spending in Federal elections. mocracy; that is, campaign finance re- lem and it is something I think we Let me repeat: unlimited spending. form and the Citizens United decision need to address. The Court held that the First by the Supreme Court which had its The President touched on this issue Amendment of the Constitution pro- second anniversary a few days ago. of money in politics in his State of the tects the rights of corporations to I see Senator GILLIBRAND from New Union this week, and in his address spend freely—in the millions or even York is also here to speak on this im- last year he took on Citizens United di- the billions—on election ads to support portant issue. She is a leader. The Pre- rectly. He knows we need change, and I or defeat a particular candidate. siding Officer has done some very im- agree. Unfortunately, the Citizens What does this mean in the real portant work in this area as well, United decision makes it very difficult world? This means that an oil company like which I will get to in a minute. Most to take action legislatively. That is ExxonMobil—a company that earned fundamentally, I am here to talk about why I am a sponsor of a constitutional $45 billion in profits last year—could the public lack of trust and our need to amendment which would allow Con- spend unlimited money to support a ensure that the American people have gress to pass laws regulating campaign candidate who supports more drilling, a government that is responsive to fundraising and spending. or to defeat a candidate who opposes their concerns. TOM UDALL has worked on one. I It is vital that the American people know the Presiding Officer also has a more oil drilling. It means that Xe Services, formerly have trust and confidence in their gov- similar bill as well. I hope we can ad- known as Blackwater, and other de- ernment. Right now it is clear they do vance this amendment, but I realize it fense contractors could spend unlim- not have either. The American people will be an uphill battle, especially as ited sums toward the election of can- believe Washington is focused more on we enter an election year. But we must didates who view their defense posi- scoring political points for special in- change this system. In the meantime, tions favorably. terests and not looking out for their even before the election, I am hopeful interests, for the interests of the peo- Or large banks like Bank of America we will take some steps to make it would be free to use their corporate ple of this country, for the interests of more transparent so at least we can the middle class. They have seen the treasury to attack candidates who start finding out who is spending this favor financial regulation and con- preservation of oil company subsidies money—the people of Vermont or the while at the same time the price of gas- sumer protection. people of New York or the people of As Fred Wertheimer of Democracy 21 oline has remained painfully high. Minnesota can find out who is putting testified at a Rules Committee hearing Simply put, they think the system is in millions of dollars, and they can in 2010, ‘‘It would not take many exam- broken. draw their own conclusions—they are While most people probably do not ples of elections where multimillion pretty smart—about why they are corporate expenditures defeat a Mem- have the time to study the intricate spending that money. details of campaign finance law, which ber of Congress before all Members We need it to be transparent. We also quickly learn the lesson, vote against unfortunately has loopholes and things have to stem this great abuse of power, written in it that make it hard to fig- the corporate interest at stake in a this great amount of money that is piece of legislation and you run the ure, the American people have a pretty coming into the system. But in the end good sense there is something wrong risk of being hit with a multimillion- we will need a constitutional amend- dollar corporate ad campaign to defeat with how we conduct our elections. The ment. American people know spending on you.’’ Mrs. FEINSTEIN. Mr. President, I Is this what we want? campaigns has gotten out of control rise today to join my colleagues in Four years ago in 2008, at this same and that spending by special interest marking the 2-year anniversary of the point in the presidential election cycle, groups is contributing greatly to that Supreme Court’s decision in Citizens $12.9 million was spent by super PACs problem—and they are right. United. I want to express my support in support of candidates. The Supreme Court Citizens United for legislation to reverse the harmful The fall 2010 midterm elections ush- decision has made it profoundly worse impact of this decision and restore ac- ered in this new political landscape by loosening the rules on special inter- countability, transparency and com- with outside groups spending a record est spending on political campaigns. mon sense to our Nation’s electoral $300 million on political advertise- We are now in a situation where can- system. ments and other messages. This didates have to report every single con- Nearly 2 years ago, on January 21, amount represents a 340 percent in- tribution they raise over a certain 2010, the Roberts Court handed down a crease above 2006 spending levels. amount. That is good. But literally 5–4 decision striking down parts of the According to the Center for Respon- millions of dollars in special interest ‘‘Bipartisan Campaign Reform Act.’’ sive Politics, the spending by presi- money can come in in attack ads, can That decision—Citizens United v. dential super PACs in this year’s elec- come in and do whatever it wants, and Federal Election Commission—flew in tion cycle has quadrupled since 2008 to you literally cannot prove who that the face of nearly a century of Congres- an astonishing $42.5 million spent as of person is who put in that money. It sional law and overturned two prior January 24, 2012. shakes the very foundation of our de- rulings of the Supreme Court. More money is being spent than ever mocracy when the people who are vot- This case is not alone. before. ing in these elections cannot even tell It is part of a pattern of decisions Do not take my word for it. where the money is coming from that from the Roberts Court that have over- Take a look at what is going on in is paying for the ads. turned precedent. the Republican Presidential primary. Citizens United has unleashed a new I have a real concern that this Court Corporations and wealthy individuals wave of special interest spending, and is going out of its way to rewrite and are funding these super PACs and the American people have been inun- reinterpret prior law with decisions, I spending vast amounts of money to at- dated with negative ads on their tele- am sorry to say, seem to favor cor- tack candidates. visions. Worse, they are constantly porate interests over the interests of My concerns with these dramatic in- hearing about the increased role that the American people. creases in spending are heightened by a

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with January 26, 2012 CONGRESSIONAL RECORD — SENATE S109 recent finding from the Center for Re- rights in the political process that are a fair electoral process where indi- sponsive Politics that approximately 44 guaranteed by the Constitution to indi- vidual Americans could have a role in percent of the outside spending in 2010 vidual Americans. the political process, regardless of came from anonymous sources. Now, 2 years later, the American peo- wealth. The Roberts Court’s decision in Citi- ple have seen the sudden and dramatic As I pointed out at our hearing last zens United was, I believe, the wrong effects of the Citizens United decision. year, when the Supreme Court first re- one. The flood of corporate money flowing viewed the constitutionality of the It protects corporate free speech and into campaigns from undisclosed and McCain-Feingold Act in 2003, in will drown out an individuals’ free unaccountable sources has had an enor- McConnell v. Federal Election Com- speech. It has threatened to put demo- mous influence in the Republican pri- mission, it upheld the key provisions of cratic elections in the United States up mary elections this year, just as it did the Act against a First Amendment for sale to the highest bidder. And it in the 2010 mid-term elections. Instead challenge. Six years later, a thin ma- will, I believe, lead to voters having of hearing the voices of voters, we see jority of the Supreme Court, made pos- less reliable information about can- a barrage of negative advertisements sible by President Bush’s appointment didates, not more. from so-called Super PACs. This comes of Justice Samuel Alito, reversed The Court gets the final word on the as no surprise to the many of us in course on the very same question. In so Constitution, and it has spoken. Congress and around the country who doing, the conservative activist major- However, Congress should pass the worried at the time of the Citizens ity discarded not only the McConnell DISCLOSE Act or Senator TOM United decision that it turns the idea decision, but ignored longstanding UDALL’s campaign finance constitu- of government of, by and for the people precedent to effectively redraft our tional amendment. on its head. We worried that the deci- campaign finance laws. As Justice Ste- I supported the DISCLOSE Act in the sion created new rights for Wall Street vens noted in dissent: ‘‘The only rel- evant thing that has changed since . . . last Congress because I believe it is a at the expense of the people on Main McConnell is the composition of the critical step forward, but the bill was Street. We worried that powerful cor- Court.’’ The Constitution had not narrowly defeated on a cloture vote of porate megaphones would drown out 59–39 in September of 2010. changed, but five Justices rewrote it. the voices and interests of individual The reason so many Americans con- Given what we have seen in the Re- Americans. Two years later, it is clear tinue to recoil from the Citizens United publican primaries this year, I think those concerns were justified. decision 2 years later is that the brand this body must try again to pass the We held a hearing in the Senate Judi- of conservative judicial activism on DISCLOSE Act. In 2010, we came close ciary Committee last year to explore display in that decision is a threat to to passing it and needed just one addi- how the Citizens United decision af- the rule of law and an effective rep- tional yea vote to move the bill for- fects the lives of hardworking Ameri- resentative democracy. At the core of ward. cans. I began that hearing by talking the First Amendment is the right of in- The DISCLOSE Act ensures the about how our Constitution starts with dividual Americans to participate in American public knows who is funding the words, ‘‘We the People of the the political process to speak and, cru- an ad when they see it on television, United States.’’ In designing the Con- cially, to be heard. That is what the and it will close loopholes that could stitution, ratifying it, adopting the campaign finance laws were designed have otherwise allowed unlimited Bill of Rights and creating our democ- to ensure—that Americans can be spending in our elections by foreign na- racy, we spoke of, thought of, and heard and fairly participate in elec- tionals and corporations receiving gov- guaranteed, fundamental rights to the tions. Rather than abiding by the limi- ernment assistance. American people, not corporations. tations that Congress has developed to I understand that Senator SCHUMER There are reasons for that. Corpora- ensure a multitude of voices in the is working to reintroduce this legisla- tions are not the same as individual marketplace of election contests, five tion, and I fully support him in this ef- Americans. Corporations do not have justices on the Supreme Court decided fort. the same rights, the same morals or that the biggest corporations should be Senator UDALL’s resolution to amend the same interests. Corporations can- unleashed, and can be the loudest and the Constitution would authorize Con- not vote in our democracy. They are most dominant, and drown out indi- gress to regulate the raising and spend- artificial legal constructs to facilitate vidual Americans. They showed no def- ing of money for federal campaigns, in- business. The Founders understood erence to Congress, and little deference cluding the independent spending of this. Americans across the country to the precedents of the Supreme super PACs. have long understood this. Court. This resolution is a critical step to Corporations are not people. That is The risks we feared at the time of the ensure that corporate dollars will not common sense rooted in core American Citizens United decision, the risks that flow in the dark to one candidate and values. Nowhere does our Constitution drove Congress to pass bipartisan laws against another, but, instead, our elec- mention corporations. The great Chief based on longstanding precedent, have tion process will regain the trans- Justice John Marshall understood this been apparent in the elections since parency it has lost after Citizens distinction when he wrote in 1819 that, that decision. Citizens United has United. ‘‘A corporation is an artificial being opened the floodgates of corporate in- I believe it is essential that we pass . . . the mere creature of law, it pos- fluence in American elections. In these legislation to address this growing sesses only those properties which the tough economic times, I believe indi- problem, and I look forward to working charter of its creation confers upon vidual Americans should not have their with my colleagues to do so. it. . . .’’ voices stifled by unfettered corporate Mr. LEAHY. Mr. President, two years The distinction between corporations interests. I remain concerned that this ago, with the stroke of a pen, five Su- and people is one that was at the heart decision will invite foreign corporate preme Court justices acted in a case of the campaign finance reforms pro- influence into our elections. known as Citizens United to overturn a posed by Teddy Roosevelt more than a Recently, Justice Scalia responded to century of law designed to protect our century ago limiting the role of cor- the criticism of the Citizens United de- elections from corporate spending. porations in the political process. cision and the advent of Super PACs They ran roughshod over longstanding Those reforms were preserved and ex- and their overwhelming influence by precedent to strike down key provi- tended through another century of saying that if people do not like it, sions of our bipartisan campaign fi- legal developments that followed. Nine they should turn off their televisions. nance laws, and ruled that corpora- years ago, it was these same values That response misses the point. Ameri- tions are no longer prohibited from di- that informed bipartisan efforts in cans should not be told to tune out rect spending in political campaigns. I Congress, on behalf of the American from democracy or from considering a was troubled at the time and remain people, to enact the landmark McCain- fair exchange of ideas. American voters troubled today that in that case, the Feingold Act. That legislation should be able to speak, be heard and Supreme Court extended to corpora- strengthened the laws protecting the to hear competing voices, not be over- tions the same First Amendment interests of all Americans by ensuring whelmed by corporate influence and

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with S110 CONGRESSIONAL RECORD — SENATE January 26, 2012 driven out of the governing process. other Democratic Senators in sending and expressly prohibited by law and Even some whose response to the Citi- a letter to the Securities and Exchange the rules of Congress. The American zens United decision was more muted Commission, SEC, urging it to consider people need to know that their elected have turned a corner, and recently, using its authority to immediately im- leaders play by the exact same rules by Senator MCCAIN, a lead co-author of plement part of this legislation requir- which they have to play. They also de- the McCain-Feingold Act, conceded ing full disclosure of corporate polit- serve the right to know their law- that Super PACs are ‘‘disgraceful.’’ ical spending. Such an action is within makers’ only interest is what is best They allow nothing more than to have the SEC’s power to do today. This in- for the country, not what is best for corporations or wealthy individuals formation is not only material to their own financial interests. dominate and control local elections. shareholders, but it is something Members of Congress, their families We have tried to curtail some of the shareholders continue to request from and staff, should not be able to gain worst abuses allowed by the Supreme corporations. As we wrote last week, a personal profits from information they Court’s decision, but Senate Repub- corporation’s money belongs to the have access to that everyday middle- licans have blocked those efforts. In shareholders, not the executives, and class American families do not. It is 2010, Senate Republicans filibustered they deserve a voice in how it is spent. simply not right. Nobody should be the DISCLOSE Act, preventing the Vermont is a small State. It is easy above the rules. Senate from even debating the meas- to imagine the wave of corporate I introduced a bipartisan bill in the ure, let alone having an up-or-down money we are seeing spent on elections Senate with 28 of our Senate colleagues vote in the Senate. The DISCLOSE Act around the country lead to corporate from both sides of the aisle to close would have added transparency to the interests flooding the airwaves with this loophole. The STOCK Act legisla- campaign finance laws to help prevent election ads, and transforming even tion is very similar to the legislation corporations from abusing their new- local elections there or in other small introduced by my friends in the House, found constitutional rights. It would States. It would not take more than a Congresswoman LOUISE SLAUGHTER and have preserved the voices of hard- tiny fraction of corporate money to Congressman TIM WALZ. I thank them working Americans in the political outspend all of our local candidates for their longstanding dedication and process by limiting the ability of for- combined. If a local city council or leadership to this important issue. I eign corporations to influence Amer- zoning board is considering an issue of also thank Chairman LIEBERMAN, ican elections, prohibiting corpora- corporate interest, why would the cor- Ranking Member COLLINS, and all of tions receiving taxpayer money from porate interests not try to drown out the committee members for their work contributing to elections, and increas- the view of Vermont’s hardworking in acting swiftly to move this bipar- ing disclosure requirements on cor- citizens? I know that the people of tisan bill out of committee with a porate contributors, among other Vermont, like all Americans, take seri- sense of common purpose straight to things. ously their civic duty to choose wisely the floor for a vote. I thank Leader By preventing us from even debating on Election Day. Vermonters cherish REID for his leadership and support in the DISCLOSE Act, Senate Repub- their critical role in the democratic bringing up this bill before the full licans ensured the ability of wealthy process and are staunch believers in Senate. corporations to dominate all mediums the First Amendment. Vermont refused Our bill, which has received the sup- of advertising and out the voices of in- to ratify the Constitution until the port of at least seven good government dividuals, as we have seen and will con- adoption of the Bill of Rights in 1791. groups, covers two important prin- tinue to see in our elections. The rights of Vermonters and all ciples. First, Members of Congress, We continue to try to fight the ef- Americans to speak to each other and their families and their staff, should be fects of corporate influence unleashed to be heard should not be undercut by barred from buying or selling securities by Citizens United. We have introduced corporate spending. on the basis of knowledge gained the Fair Elections Now Act, to estab- When the Citizens United decision through their congressional service or lish a voluntary program for viable was handed down, I said that it was the from using the knowledge to tip off congressional candidates to accept most partisan decision since Bush v. someone else. The SEC and the CFTC Federal grants, matching funds, and Gore. As in Bush v. Gore, the conserv- must be empowered to investigate vouchers to supplement money from ative activists on the Supreme Court these cases. To provide additional small dollar donors. Rather than fund- unnecessarily went beyond the proper teeth, such acts should also be in viola- raising, this legislation will enable in- judicial role to substitute their pref- tion of Congress’s own rules to make it cumbent candidates more time to bet- erences for the law. But Citizens clear that this activity is not only ter represent their constituents, and it United is broader and more damaging, against the law but inappropriate for will level the playing field to give chal- because rather than intervening to de- this body. lengers the chance to better compete cide a single election, we have seen the Second, Members should also be re- with established candidates without re- Court’s intervention affecting all elec- quired to disclose major transactions lying on wealthy donors to fund their tions. On the 2 year anniversary of within 30 days, to make information entire campaign. The Fair Elections Citizens United, I call on all Senators, available online for their constituents Now Act represents one important step Republican or Democratic, to come to- to see, providing dramatically im- toward minimizing corporate influence gether to restore the ability of every proved oversight and accountability in the electoral process, and ensuring American to be heard and participate from the current annual reporting re- that candidates for Congress are nei- in free and fair elections. quirements. ther beholden to corporate influence, I yield the floor. I am pleased the final product that nor so consumed with fundraising that The PRESIDING OFFICER. The Sen- passed with bipartisan support in the they do not have the time necessary to ator from New York. committee is a strong bill with teeth legislate. I hope that Senators on both Mrs. GILLIBRAND. Mr. President, I and includes measures such as ensuring sides of the aisle will work to enact ask to speak as in morning business. that Members of Congress cannot tip this important measure. The PRESIDING OFFICER. Without off others with nonpublic information We continue to work to protect objection, it is so ordered. gained through their duties and en- shareholders of publicly held corpora- f sured trading from this information tions from having their money spent would also be a violation of Congress’s on political activity without their con- STOCK ACT own ethics rules. sent, another consequence of the Citi- Mrs. GILLIBRAND. Like millions of Some critics say the bill is unneces- zens United decision. I am a cosponsor Americans all across our country, I sary and is already covered under cur- of the Shareholder Protection Act, was shocked to learn that insider trad- rent statutes. I have spoken to experts which would require shareholder au- ing by Members of Congress, in fact, tasked in the past with investigations thorization and full disclosure of any and their families and their staff, using of this nature and they strongly dis- political spending by publicly held cor- nonpublic information gained through agree. We must make it unambiguous porations. Last week, I joined with 14 their congressional work, is not clearly that this kind of behavior is illegal. As

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with January 26, 2012 CONGRESSIONAL RECORD — SENATE S111 my home State newspaper, the Buffalo tion that all parties have acknowl- Last year, 44 Republican Senators News, notes: edged: The Senate must be in recess. sent a letter to the President stating The STOCK Act would ensure that it’s the As it states in article I, section 5, that the Consumer Financial Protec- people’s business being attended to. clause 4 of the Constitution: tion Bureau established by the Dodd- President Obama said in his State of Neither House, during the session of Con- Frank Act was in desperate need of re- the Union Address, send this bill and gress, shall, without the consent of the form before a Director could be ap- he will sign it right away. We should other, adjourn for more than 3 days. pointed. This has nothing to do with not delay. It is time to act and take a The House of Representatives had Mr. Cordray as an individual, but it has step right now to begin restoring the not formally given our Chamber that everything to do with creating a flawed trust that is broken in Congress. consent when the President made his agency—an extremely powerful one at I yield the floor. appointments. Moreover, Senators had that. We pointed out our concerns The PRESIDING OFFICER. The Sen- agreed by unanimous consent to re- about how unaccountable this Bureau ator from Mississippi. main in pro forma session. will be to the American people. We Mr. WICKER. Mr. President, I ask to What the President has done triggers raised a red flag about the extraor- speak as in morning business. a dangerous new precedent. With this dinary power it gives to unelected gov- The PRESIDING OFFICER. Without overstep, those in the Obama adminis- ernment bureaucrats, particularly the objection, it is so ordered. tration have put their political agenda Bureau’s Director. It is clear that our f above the Constitution and above the advice did not fit with the White House’s agenda. RECESS APPOINTMENTS founding principles that established our government’s separation of powers. This happens in a functioning democ- Mr. WICKER. Mr. President, I rise This is no trifling matter. racy, and this should be honored. The because I am deeply concerned about Equally troubling is this power grab President has decided not to honor the President Obama’s unconstitutional could inspire further overreach, setting will of the Senate. He has tried to overstep of executive authority in the an unconstitutional model for future make an unauthorized appointment ostensible appointment of Richard administrations. It stands to reason that the Members of this body have re- Cordray as the Director of the Con- that if the President’s judgment, not jected. In doing so, in circumventing sumer Financial Protection Bureau, Congress’s, dictates when the Senate is the decisions of elected public serv- the CFPB, and three new members of in recess, then what would stop him ants, his Executive order ultimately di- the National Labor Relations Board. from making an appointment whenever minishes the voice of the American These unilateral, nonrecess appoint- he chooses? people. ments are a blatant abuse of power, Michael McConnell, a distinguished In recent months, the President has one that threatens the very legitimacy former Federal judge and director of made it obvious that he wants to rail of the confirmation process and essen- the Constitutional Law Center at Stan- against a do-nothing Congress. Perhaps tially undermines Congress’s critical ford Law School, recently suggested in it is part of his reelection strategy. responsibility to restrain the excesses the Wall Street Journal that the Presi- Yet, instead of working with Congress of the executive branch. dent could, for example, make an ap- to make needed reforms, he fuels an al- On January 4, mere weeks after this pointment overnight or during a lunch ready polarized environment with this body had rejected Mr. Cordray’s nomi- break. The parameters of what recess move on recess appointments. nation, the President went ahead with means would be subject to his discre- I say this with all sincerity to the his own agenda, disregarding our deci- tion and his discretion alone. President and to my colleagues on the sion and the fact that the Senate was In 2007, majority leader HARRY REID other side of the aisle: There is a time in pro forma session. Days later, unbe- kept the Senate in pro forma session to for spin and there is a time to make po- lievably, the Obama Justice Depart- block nominations by President Bush. litical points, but politics and theater ment’s Office of Legal Counsel de- He said then that recess appointments ought to stop short of trampling on our fended the move, essentially saying are ‘‘an end run around the Senate and Constitution. that pro forma sessions do not matter the Constitution.’’ The majority lead- Like each of you, I made an oath to anymore; that the President can deter- er’s position then was that pro forma support and defend the Constitution mine whether the Senate is in recess. sessions may be used to prevent recess when I took this office. I would not be Reversing years of precedent, the ad- appointments. The Democratic leader- upholding this pledge if I did not speak ministration is asserting that the exec- ship was correct on the law then and out now about what the President has utive branch now has the authority to they ought to be outraged now over done. Preserving the constitutional decide whether the legislative branch President Obama’s disregard of prece- sanctity of the decisions of the Senate is or is not in session. This presump- dent and of the Constitution. and the role it serves is one way we tuous action by the President goes far Instead, the Democratic leader, who support and defend our founding docu- beyond the limited powers he is grant- should be protecting the institution ment and the democratic ideals of ed by our Constitution. It is an affront that he currently has stewardship of, those who created it. to the democratic checks and balances as well as protecting our Constitution, The chair of the Banking Committee established by our Founders, and it last week defended the President’s ap- has scheduled a hearing on Tuesday, constitutes a gross violation of prece- pointments on the national news as ‘‘a supposedly to hear testimony from Mr. dents set by those who have come be- good move.’’ Cordray on his plans for the Consumer fore us. The Constitution does not change Finance Protection Board. Let me be The courts surely will have a say in based on which party occupies the explicitly clear. Richard Cordray is not what the President has done, amount- White House. The same rules should the duly constituted Director of the ing to an expensive, unnecessary move apply no matter who holds office. CFPB. His purported recess appoint- for pure political reasoning. It was America was not built upon nor did it ment does not comply with the Con- only a matter of days before business rise to greatness because of a single stitution and is, in fact, a nullity. I groups filed a legal challenge against branch of government. Our democracy will not provide the administration the President’s appointments to the sits on three separate pillars, and the with an appearance of legitimacy in NLRB. decisions of the legislative branch are this action, and I will therefore not be To be sure, the President has the not merely a hurdle for the President in attendance at next Tuesday’s hear- right to make recess appointments. to run around. ing. This may seem to be a small step, This much is unquestioned and is clear- The Constitution endowed the Senate but I hope it is the first of what will ly set forth in article II, section 2 of with exclusive authority to give advice become a debate in this Senate by both the Constitution, which states the and consent on the executive branch parties about the constitutional sys- President can ‘‘fill up all vacancies and official nominations. Senators tem of checks and balances. This mat- that may happen during the recess of upheld their role to advise when we re- ter will also go to the courts, and I the Senate.’’ jected Mr. Cordray’s nomination. Many pray that somewhere in the process the But the power he has to execute this of us made our reasons for the dis- sanctity of our Constitution will be right nevertheless hinges on a condi- approval well known. upheld.

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with S112 CONGRESSIONAL RECORD — SENATE January 26, 2012 I approach this matter regretfully Alaska’s history is marked by stories tanker, the Renda, and many others and soberly but with apprehension of people coming together to overcome who helped ensure that the transfer of about what the Obama administration extreme hardships and save their com- fuel was safe, workers from the is trying to do to our 225-year-old Con- munities. None is more memorable Sitnasuak Corporation, Vitus Marine, stitution. I call upon Members of both than the 1925 Serum Run, when diph- the city of Nome, State of Alaska, and parties in this Senate to rise in solemn theria ravaged the remote Arctic com- others who have played their part, even defense of this institution and the con- munity of Nome. The needed vaccine the University of Alaska researchers stitutional principle of the separation was raced to the community by a team who flew aerial drones to inspect ice of power. of 20 mushers and some 150 sled dogs. conditions in advance of the approach- I yield the floor. They faced brutal February weather ing vessels. Together they proved that The PRESIDING OFFICER (Mrs. and extreme cold, with winds and winter operations are possible even in SHAHEEN). The Senator from Alaska. snowdrifts, and carried their precious the most challenging circumstances. f cargo—the vaccine—some 700 miles in I speak today not just to congratu- just 51⁄2 days. It is a speed record that THE STOCK ACT late all those who pitched in to help re- has never since been broken, and it fuel this community but to consider its Mr. BEGICH. Before I speak on my saved the community. The feat is me- broader implications and lessons. formal comments, I just want to say morialized by the 1,000-mile Iditarod First, America is an Arctic nation. one thing. I know the Senator from sled dog race known as the last great The residents of cities such as Nome New York was here a little bit ago race on Earth. and Kotzebue and Barrow and numer- talking about the STOCK Act. She This year, the city of Nome faced a ous smaller villages thrive in the often made an incredible presentation to us 21st-century challenge: the need for en- challenging but rich Arctic environ- in the Homeland Security and Govern- ergy. The fall fuel barge—the last ment. The Alaska Native peoples have ment Affairs Committee, and I am scheduled before winter set in—was thrived for generations and for thou- grateful she is moving forward on that. blocked first by a mammoth October sands of years, living off the resources We actually added a piece to the storm which swept up western Alaska of the land and the sea. STOCK Act that I think makes it a lot and then by heavy sea ice. The barge Second, the Arctic offers much to our stronger than it was by making sure had to turn back, but without the de- Nation. Its offshore oil and natural gas that as officials report their trans- livery Nome would run out of fuel by is our most promising energy province, actions, they are done electronically March. Nome is not connected by road, which is actively being considered by and are searchable. That means any- and the earliest the next barge would industry. Trade routes over the top are body in this country can go to the Sen- arrive would be this June. Flying in 1.3 increasingly being explored by shippers ate’s Web site and find the information million gallons of fuel would have eager to cut up to 40 percent off trade about their Senator. taken 300 flights and would have boost- routes between the east and the west. As you know, as a new person in this ed the cost of an already expensive gas- Yet, while we are an artic nation, we office, as I am, when we file our disclo- oline and home-heating fuel to over $9 lack the basic infrastructure to serve sure forms, they are sent to the Senate a gallon. As you can see here, the price its people, to fulfill our responsibilities Clerk, and then if you want them, they of fuel in the community right now is and take advantage of its opportuni- have to copy them and send it off to over $5 a gallon. ties. But it is not just me saying it. someone else. You cannot search for The Sitnasuak Native Corporation Just today the Northern Waters Task them and you cannot get them, which and Vitus Marine proposed to do what Force released a report calling for a is unbelievable. So we made sure in the has never been done before: bring over better Arctic infrastructure. The Healy committee that if we do this act—I 1 million gallons of diesel fuel and gas- is our Nation’s only operational polar think it is a strong act; it is something oline to Nome in the dead of winter. icebreaker, and it is only rated as a we should do—we make sure it is They contracted with a Russian- medium-duty vessel. Our two heavy- searchable and available electronically flagged tanker, the Renda, which was duty icebreakers are both idle. The 36- in this age we live in today. ice-capable and double-hulled. I already put my disclosure form on To ensure the safety of the delivery, year-old Polar Star is being retrofitted my Web site. I have put it on there the Coast Guard immediately recog- and should be operational again soon, since the day I came into office. I think nized it had a mission and the right but it has been proposed to send her people need to know exactly what their equipment. The Coast Guard ice- sister ship, the Polar Sea, to the scrap Senator’s investments are. If they have breaker Healy had just completed a heap. spouses—in my case, all of my spouse’s lengthy scientific tour off the Arctic. Since taking office, I have repeatedly information is on there even though I Rather than return home, they stayed called for recapitalizing the Nation’s am not required to do it. I put it on on the job as winter set in, breaking icebreaker fleet. A comprehensive there because I think people need to open lanes through the ice to allow the Coast Guard study recently found that know the household income of their tanker to arrive. 6 to 10 icebreakers are needed just to Senator and where it comes from and The Healy and the Renda encoun- meet the Coast Guard’s statutory re- where their investments are. We over- tered conditions more severe than an- sponsibilities. Until we have a firm report. After I fill out the forms, we ticipated, with colder temperatures, plan to meet these needs, I have intro- have an attorney review it, and he al- stronger winds, and thicker ice. Some duced legislation with Senator CANT- ways tells me we are giving too much days their progress was frozen, lit- WELL to halt the dismantling of the information. I have to remind him that erally, but the Healy pressed on Polar Sea until all options can be con- is what I am doing. That is the way I through the ice. With the determina- sidered. Without icebreakers, we can think it should be done. tion that is the hallmark of the U.S. neither meet our responsibilities nor Again, I congratulate the Senator Coast Guard, they succeeded. They did take advantage of our opportunities as from New York who was here for the not make it to Nome Harbor, which an Arctic nation. We are falling behind work on the STOCK Act, and I am glad was frozen solid, but close enough to Arctic nations such as Russia, China— I could participate in making it even top off the city’s fuel tanks through a which is not an Arctic nation but is stronger. half-mile-long hose. Now they are on building icebreakers—Canada and oth- ers as well. Russia is building a year- f their way back home but not out of the ice yet. The Healy and the Renda still round Arctic port. Canada is con- NOME REFUELING SITUATION have several hundred miles before they ducting military operations. And, as I Mr. BEGICH. Madam President, I reach open water. mentioned, China is building new ice- seek to speak on the floor to speak of I take to the floor today to offer my breakers. my residence of Alaska, a State that thanks and congratulations to Captain America must build its Arctic infra- constantly overcomes adversity in its Beverly Havlik and the men and structure, such as a deepwater port to tough winters. This year has been an women aboard the Healy for a job well maintain our national presence as especially tough winter. done and also the crew of the charter other nations make their claims to the

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with January 26, 2012 CONGRESSIONAL RECORD — SENATE S113 Arctic. We need to maintain spill re- I know my time has expired, but I more than 3 days. If an intrasession ad- sponse capabilities, enhance commu- wish to say there is no question in my journment of less than 3 days were to nications, track the increasing vessel mind that the work the Coast Guard be considered constitutionally suffi- traffic using polar routes, strengthen did, the National Guard, and many oth- cient for the President to exercise his communications and the base sci- ers, set us on a course to again recog- recess appointment power, it is unclear entists who are researching the chang- nize the incredible people who are what, if anything, might prevent the ing Arctic ecosystem. doing incredible things in our State President from routinely bypassing the In addition, we need the legal frame- and around the country. As we con- Constitution’s advice-and-consent re- work to support our Arctic presence, tinue to look at the vast resources of quirement and appointing nominees and that means ratification of the Law the Arctic, more of these resources will during even weekend adjournments. of the Sea Treaty. We need a robust be necessary, and I know one thing The Department of Justice’s Office of scientific program to track changes in about Americans, about Alaskans, and Legal Counsel asserts that the Presi- the Arctic which in the past has oper- that is we will be ready to take on the dent may unilaterally conclude that ated like a global air-conditioner. challenges of the future. the Senate’s brief pro forma sessions do But scientists say, and the residents I yield the floor. not constitute sessions of the Senate of the region confirm, that the Arctic The PRESIDING OFFICER. The Sen- for purposes of the recess appointments is warming. As its ice pack diminishes, ator from Utah. clause. But this assertion is deeply it is changing our weather. The Na- f flawed. It is for the Senate and not for tional Oceanic and Atmospheric Ad- the President of the United States to RECESS APPOINTMENTS ministration, NOAA, says there were a determine when the Senate is in ses- record 12 weather disasters in the Mr. LEE. Madam President, in de- sion. The Constitution expressly grants United States costing more than $1 bil- fense of the Constitution, I stand the Senate the power to determine the lion each in 2011. The hurricane force against an action taken recently by rules of its own proceedings. storm that blocked the fuel delivery to our Chief Executive. President Obama’s Granting the President unilateral Nome isn’t the only unusually severe January 4, 2012, appointments to the power to override the Senate’s deter- weather facing my State. South cen- Consumer Financial Protection Bureau mination of when it is in session would tral Alaska has had—and I will repeat and to the National Labor Relations undermine the constitutional preroga- this when I say it—24 feet of snow—24 Board are different in kind than pre- tive and violate the Constitution’s fun- feet of snow so far this winter. The cit- vious recess appointments made by damental principles of separation of ies of Cordova and Valdez know a thing Presidents of the United States made powers. or two about heavy winter snowfalls, by both political parties. These four The OLC memorandum on which the but this is an unusual one for them. appointments are unconstitutional be- President relies asserts that the In Cordova, buildings collapsed and cause they did not, as required by arti- ‘‘touchstone’’ for determining when the avalanches cut the town off from its cle II, section 2, receive the ‘‘advice Senate is in session is ‘‘its practical ef- airport. That is a true concern since, and consent’’ of the Senate, even fect: viz. whether or not the Senate is like 80 percent of the rest of Alaska, though such advice and consent was capable of exercising its constitutional Cordova is not connected by roads to necessary under the circumstances. function of advising and consenting to the rest of the State. President Obama has asserted that executive nominations.’’ This analysis The Army and Air National Guard the appointments are constitutional contradicts the text and the original sent soldiers and airmen to the scene, under the recess appointments clause. understanding of the recess appoint- and the State of Alaska sent over 100 That clause provides that the Presi- ments clause. State responders and heavy equipment dent may ‘‘fill up all Vacancies that The purpose of that clause, we read to the town by the State ferry system. may happen during the Recess of the in Federalist No. 67 which was au- The whole town, along with the Senate.’’ That clause does not apply thored by Alexander Hamilton, was to Guardsmen and the State workers, here, however, because the Senate was avoid obliging the Senate ‘‘to be con- pitched in and worked around the clock not in recess when President Obama tinually in session for the appointment to clear the snow off the streets and made the appointments in question. of officers.’’ Nothing in either the Con- roofs as another snow and rain system In making these appointments, the stitution’s text or in the debate sur- was about to hit. The only problem: President did not state that he believes rounding the recess appointment Alaskans can be rather enthusiastic an intrasession adjournment of less clause suggests in any way that the and kept breaking every single one of than 3 days constitutes a recess, and President should have the unilateral those snow shovels. Eventually they there can be little dispute that such a power to appoint officers and judges at ran out and had to have more snow brief adjournment as occurred between times when the Senate is regularly shovels shipped in from out of State. January 3, 2012, when the second ses- meeting, even if that body is not con- Other parts of the State are affected sion of the 112th Congress officially ducting substantial business. as well. Boats capsized in the fishing began, and January 6, 2012, when the In addition, the OLC memorandum’s port of Kodiak due to the heavy snow. next pro forma session of the Senate functionalist argument fails on its own Yesterday, once again, the Coast Guard occurred, does not, in fact, constitute a terms. During the Senate’s pro forma came and performed their duty—not recess for purposes of the recess ap- sessions, including its session on Janu- only one but two rescues of the crews pointments clause. ary 6, 2012, the Senate was manifestly of fishing vessels that sank near Ko- The Department of Justice has con- capable of exercising its constitutional diak Island. sistently maintained that an function of advice and consent. Nota- NOAA is closely watching the heavi- intrasession adjournment must be bly, at one such pro forma session on est sea ice in decades in the Bering longer than 3 days to constitute such a December 23, 2011, the Senate passed a Sea, which threatens to close the im- recess. The text of the Constitution significant piece of legislation dem- portant crab fisheries and destroy mil- evidences that the Framers did not onstrating that it is, in fact, capable of lions of dollars in fishing gear. consider an adjournment of less than 3 conducting business—meaningful busi- Some politicians downgrade public days to be constitutionally significant. ness—at such sessions. service and say government can’t do Indeed, in article I, section 5, we read But regardless of how much business anything right. I am grateful for the that ‘‘neither House, during the Ses- the Senate conducts during pro forma government’s response. I am grateful sion of Congress, shall, without the sessions or how much business it indi- to the Coast Guardsmen on the Healy Consent of the other, adjourn for more cates in statements that it intends to who gave up their holiday with their than three days.’’ conduct in advance of such sessions, families to ensure Nome got its fuel, Now, at the time these appoint- the Senate has been and continues to and I am grateful to the Alaska Na- ments—the appointments in question— be capable of conducting business at tional Guard and State and local gov- were made, the Senate had not received such sessions—including advising and ernments working to help dig out Cor- consent from the House of Representa- consenting as to nominations for the dova and Valdez. tives to adjourn for a period of time of President should it decide to do so.

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with S114 CONGRESSIONAL RECORD — SENATE January 26, 2012 OLC’s argument boils down to an un- Thank you, Madam Chair. Resolved, That the Senate— tenable assertion that because the Sen- The PRESIDING OFFICER. The Sen- (1) recognizes and honors the sacrifice of ate has chosen not to act on the Presi- ator from Vermont is recognized. Special Agent Jared Francom; dent’s nominations during its sessions, Mr. SANDERS. I thank the Chair. (2) extends the deepest condolences of the Senate to the family and friends of Special (The remarks of Senator SANDERS it was incapable of doing so. Agent Francom; Finally, OLC’s assertion that pro pertaining to the introduction of S. (3) expresses the wishes of the Senate for a forma sessions are not cognizable for 2037 are printed in today’s RECORD full and speedy recovery of all the officers purposes of the recess appointments under ‘‘Statements on Introduced Bills wounded in the shooting in Ogden, Utah; and clause violates established constitu- and Joint Resolutions.’’) (4) recognizes the remarkable courage and tional practice and tradition. The Con- The PRESIDING OFFICER. The Sen- honor that the men and women in law en- stitution provides that ‘‘[n]either ator from Utah. forcement display and the risks those men and women take to keep their communities House, during the session of Congress, f shall, without the consent of the other, safe. HONORING THE MEMORY OF Mr. HATCH. Madam President, on adjourn for more than three days,’’ and SPECIAL AGENT JARED FRANCOM January 4, 2012, Special Agent that ‘‘unless [Congress] shall by law Francom of the Ogden, Utah Police De- appoint a different day,’’ Congress Mr. HATCH. Madam President, I ask unanimous consent that the Senate partment, serving on the Weber-Mor- shall begin each annual session by gan Narcotics Strike Force, was fatally meeting ‘‘at noon on the 3d day of Jan- now proceed to the consideration of S. Res. 355, which was submitted earlier wounded while defending his fellow of- uary.’’ ficers as they attempted to serve a The Senate has commonly and with- today. The PRESIDING OFFICER. The search warrant on an Ogden resident. out objection used pro forma sessions I wish to express my deepest sym- to fulfill both constitutional require- clerk will report the resolution by title. pathies and condolences to Special ments, evidencing a past consensus Agent Francom’s family—especially that such sessions are of constitutional The assistant legislative clerk read as follows: his wife and his two daughters—and the significance. President Obama’s novel many friends he had throughout the A resolution (S. Res. 355) honoring the assertion that such sessions no longer whole community. count for purposes of the recess ap- memory of Special Agent Jared Francom of the Ogden, Utah Police Department. Serving as a police officer was a life- pointments clause thus upsets prece- long dream for Special Agent Francom, There being no objection, the Senate dent and creates an internal contradic- one that was realized in 2004 when he proceeded to consider the resolution. tion in the treatment of Senate ses- joined the Ogden City Police Depart- Mr. HATCH. Madam President, I ask sions for purposes of the Constitution. ment. He served with honor and dis- unanimous consent that the resolution President Obama’s January 4, 2012, tinction and was trusted and beloved be agreed to, the preamble be agreed appointments to the CFPB and the by his fellow officers. NLRB are unconstitutional. As duly to, and the motions to reconsider be He was a fine man, a good father, a sworn Senators, we each have an insti- laid upon the table. good husband and a model citizen and The PRESIDING OFFICER. Without tutional and a constitutional duty to public servant. preserve and defend the prerogatives of objection, it is so ordered. On January 11, a crowd of 4,000 peo- the Senate, particularly from the en- The resolution (S. Res. 355) was ple—about half of them uniformed offi- croachments of the Executive. The agreed to. cers from all over Utah and elsewhere— President’s unconstitutional appoint- The preamble was agreed to. attended his funeral. ments simply cannot stand. The resolution, with its preamble, Five of Special Agent Francom’s fel- Throughout my time as a member of reads as follows: low officers on the strike force—five of the Judiciary Committee, I have made S. RES. 355 them—including Officers Michael it a point to work collaboratively with Whereas, on January 4, 2012, Special Agent Rounkles, Kasey Burrell, and Shawn Members from across the aisle, and I Jared Francom of the Ogden, Utah Police Grogan of the Ogden Police Depart- have also gone out of my way to co- Department, serving on the Weber-Morgan ment; Sergeant Nate Hutchinson of the operate with the current administra- Narcotics Strike Force, was fatally wounded in a shooting while serving a search warrant Weber County Sheriff’s Office; and Offi- tion to ensure that the overwhelming cer Jason Vanderwarf of the Roy Police majority of the President’s nominees on a residence in Ogden; Whereas Officers Michael Rounkles, Kasey Department, were also wounded in the to judicial and other positions are con- Burrell, and Shawn Grogan of the Ogden Po- shooting. sidered and receive a vote. Both in the lice Department were also wounded in the Officer Burrell remains hospitalized Judiciary Committee and on the floor I shooting; as he recovers from the serious injuries voted for dozens of nominees with Whereas Sergeant Nate Hutchinson of the he sustained in the shooting. whom I fundamentally disagreed on Weber County Sheriff’s Office was also Along with everyone in Utah, I am various issues simply because they wounded in the shooting; deeply saddened by this turn of events. were nominated by a President who Whereas Officer Jason Vanderwarf of the At the same time, we are humbled, as was duly elected by the people. But I Roy Police Department was also wounded in the shooting; this tragedy reminds us all of the brav- will do so no more. Whereas the officers on the Weber-Morgan ery and dedication of the women and My concerns, to be clear, are non- Narcotics Task Force acted quickly and men of law enforcement who risk their partisan, and I will be equally critical bravely to subdue the shooting suspect, pre- lives every day to keep our commu- of any Republican President who might venting further injury and loss of life; nities and their communities safe. attempt to make recess appointments Whereas Officer Kasey Burrell remains in As I have served the people of Utah under the same deeply flawed legal the- the hospital recovering from serious injuries over the years, I have had a chance to ory. Given this President’s blatant and sustained in the shooting; meet and get to know many members egregious disregard for proper constitu- Whereas Special Agent Francom served of our law enforcement community. with the Ogden Police Department for 8 tional procedures and for the Senate’s years; Without question, they are among the unquestioned role in such appoint- Whereas Special Agent Francom served the most honorable and courageous people ments, I find myself duty-bound to re- Ogden community with honor and distinc- any of us could ever hope to meet. I am sist the consideration and approval of tion; honored every time I have an oppor- additional nominations until the Presi- Whereas the people of Utah have come to- tunity just to be in their presence. dent takes steps to remedy the situa- gether to mourn and honor Special Agent Today, I was joined by Senator LEE tion. Francom, with an estimated 4,000 people at- in submitting this resolution recog- Regardless of what precise course I tending the funeral of Special Agent nizing the sacrifice of Special Agent choose to pursue, the President cer- Francom on January 11, 2012, in Ogden; and Francom, extending the Senate’s con- Whereas the injury or loss of any police of- tainly will not continue to enjoy my ficer is a reminder of the risks taken by all dolences to his family and friends, ex- nearly complete cooperation unless the men and women of law enforcement on pressing our good wishes to his fellow and until he rescinds his unconstitu- behalf of their communities: Now, therefore, officers, and hoping they will all have a tional recess appointments. be it full and speedy recovery, and, of

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with January 26, 2012 CONGRESSIONAL RECORD — SENATE S115 course, recognizing the remarkable storms, storms that have forced them Without the fuel tanks being filled, courage and honor displayed by the as a community in the northwest re- what the community and region were men and women of law enforcement. gion of the State to feel the pinch of looking at was a situation whereby I wish to thank my colleagues for Mother Nature in a very extreme way. about March—sometime in March, de- their support of this resolution, which Nome is a community of about 3,500 pending on how harsh the winter was— I know will mean a lot to Officer residents. It sits up on the west coast they were going to run out of fuel. Francom’s family, his fellow officers, of Alaska. Most people in this country Well, if the January temperatures and their community. recall Nome from the early days of the are any indication—on average, it is I suggest the absence of a quorum. Gold Rush. But more recently, Nome usually about 2 degrees, but it has been The PRESIDING OFFICER. The comes into the national news every 20 below and colder recently. That clerk will call the roll. March when the famous Iditarod dog means people go through fuel pretty The assistant legislative clerk pro- sled race is run which finishes in Nome. darn quick. Then what do they do? ceeded to call the roll. It is a 1,100-mile race where man and They are stuck until spring. You say: Ms. MURKOWSKI. Madam President, animal are pitched against Mother Na- Well, isn’t April or March spring? Not I ask unanimous consent that the order ture in a pretty intense way. in Northwest Alaska because fuel for the quorum call be rescinded. Nome makes it in the headlines for barges cannot get to port until all of The PRESIDING OFFICER. Without several different reasons. This year the ice in the Bering Sea has melted, objection, it is so ordered. adds yet another reason that Nome is which doesn’t happen until May or in the history books, where people are June—perhaps earlier if the ice moves. f That is the reality up north. So we talking about this incredible part of WEATHER IN ALASKA have a major community and outlying the State. Alaska is known for our villages that are looking at a very real Ms. MURKOWSKI. Madam President, tough winters and, again, I started my threat to their community. Senator I rise to spend a few minutes on the comments by saying we kind of like BEGICH showed a picture on the Senate Senate floor to talk about home— the fact that we are tougher than the about Alaska. We have a tendency floor of gas prices in Alaska. When I rest of the world, and we brag about it. was in Nome last week, I saw first- sometimes up north to do things in a This winter, though, has been particu- big way, a bold way. We tend to brag a hand the price of regular fuel at the larly harsh. pump was $5.43. That is what residents little bit about it. That is all OK. But We have seen record cold. We have we have been in the center of the news of Northwestern Alaska are paying seen snowstorms hit the State earlier today. Diesel is a hair less than $6. If cycle for a few weeks this winter, at than usual. I was up in the State last the onset of this year, because of our they were having to fly in fuel for the week, places such as Bethel where it balance of the winter, they were look- weather which has been big and bold. normally averages about zero this time As a consequence of some of the ex- ing at about $9 a gallon. This is on top of year, and we are looking at 20 below of all of the other extraordinary costs tremes that we are seeing up north, I for extended periods of time, not just a think it has brought out the best of they pay as a community that is reli- day or two. In southeastern Alaska not ant on air for just about everything Alaskans and certainly the warmth only have they been hit with below that comes from a northern climate. I they need. zero temperatures, but massive Most of you may have seen the story think the occupant of the chair sees amounts of snow are hitting them as in the news. Lots of people got to work that in her State where she has some well. to try to address the situation. I was in conditions with snow and cold. Nome is, again, a coastal community. contact with the Coast Guard to see The neighbor-to-neighbor response When they receive their annual fuel what they could do to help. The Coast that comes about when we are dealing supplies, they basically fuel up for the Guard was amazing in saying: Yes, we with Mother Nature at her finest or at winter. The only way to get to Nome is are committed to this mission. We are her most extreme, I think, is some- to fly in or to go by water. So in order going to help the people of Nome, the thing that helps define us as a people. to get the fuel tanks filled up for the people of the region. So what came to- Today, I wish to speak for a few mo- winter, the annual fuel barges come in gether was a pretty interesting story. ments to recognize the very extraor- early fall before they have ice condi- There is a fuel tanker, the Renda, dinary efforts we have seen recently of tions out in the Bering Sea. which is home-ported over in Russia. the U.S. Coast Guard and the Alaska This year, if you will recall, back in The Renda filled up with fuel in South National Guard in helping the resi- October, everybody was watching the Korea and was going to pick up fuel in dents of several of our communities news because of the massive storms Japan. They got shut out of Japan by since early this year. that were pounding western Alaska. weather. They had to go to Unalaska, Earlier on the Senate floor, my col- Back in Washington, DC, every evening Dutch Harbor on the Aleutian Chain, league, the junior Senator from Alas- on the news we could see these major to fill up. For those of us who know of ka, mentioned some of the events that storms coming through. If we were the Jones Act, there is an issue there. have happened. He, too, acknowledged here or down in Florida, they would They had to get the Departments of the hard work and very significant ef- have called them hurricane force Defense, Homeland Security, Transpor- forts of our Coast Guard and the Alas- winds. For us, it was a winter storm— tation, and Energy to act to get a ka National Guard. I think it is impor- a tough one. Jones Act waiver so the Russian fuel tant to make sure we all take the time What happened with that storm is tanker could fill up in an Unalaska to tell the story, to share it with col- that it prevented the fuel barge from port and haul the fuel north to the peo- leagues and with people around the reaching Nome, so the shipment of fuel ple of Nome. It is a pretty interesting country. that they would receive for the winter saga, just in describing the beginning. In many parts of the United States is not able to come in. This is more than a 1,000-mile nau- right now there are some areas that One might think, well, fuel up the tical journey, and they were breaking are just begging for snow. I have sons community another way. Again, there ice for about half of the way. The out in Colorado, and they are waiting. are no roads. What is the other way? Renda is a pretty capable ship, but she I know on the east coast many of us The other way is aircraft. So one would is not an icebreaker. How she got would prefer a little bit more snow. have to fly in barrels of fuel, driving through that ice is an interesting part Sometimes it is one of those ‘‘be care- the cost of fuel up, and, quite honestly, of the story. The Coast Guard Cutter ful what you ask for’’ situations, or we adding to the risk of transport. So it is Healy, which had been on a research may be like the town of Valdez and an issue where fuel delivery by air, mission since early May and was on her have 27 feet of snow in our community. while it is possible, is not the pref- way back to Seattle to deliver the crew That is a little bit more than I think erable way. They are in a situation got a call that Nome needed help. The most of us would ask for or hope for. where they have not only a community fine men and women of the Healy The community of Nome has been in of 3,500 but all of the surrounding vil- missed their Christmas, their New the news for months now as they have lages in the region relying on Nome for Year’s, and headed back north to clear felt the brunt of some early winter their backup. So they are at risk too. a path for the Renda to Nome.

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with S116 CONGRESSIONAL RECORD — SENATE January 26, 2012 Now, I think it is important to stop essential commercial maritime activi- One might ask the question: Why here and recognize that this is not the ties like getting fuel—an absolute bare don’t they just go back the way they Coast Guard doing something for the necessity to the people in this north- came in? Because, obviously, they cut people of Nome or the people of Alaska western region at a time when tem- the trail. But it doesn’t work that way. that is not part of the Coast Guard’s peratures are 20 below for days and It is cold up there. In fact, they are mission. This month-long journey was days on end. It was critical to us, and continuing to rely on the NOAA sat- the first fuel delivery through sea ice the Coast Guard did a remarkable job. ellites to help them map out a perhaps in Alaska’s history, but not the first Again, I wish to recognize these men more efficient way, but it has been time the Coast Guard has worked to and women who gave up their Christ- tough. They have very challenging ice get fuel to a community. This is impor- mas holiday, who gave up their New conditions and very steady strong tant. Year’s holiday to assist Alaskans, and winds. The weather is giving them Back in 2000, CWO Richard Glasgow they were nothing short of remarkable. winds in excess of 25 to 30 knots. Hope- testified about ice-breaking operations I had the opportunity to go on board fully, they are going to be diminishing on the Hudson River. At that time, the Healy when I was in Nome last to 15 knots on Friday. But they are there were five Coast Guard cutters week, as the Renda was beginning to working with NOAA and other folks to that performed ice-breaking duties lay the hose from the fuel barge to the find the safest, the most expedient from Sandy Hook, NJ, all the way up shore. I also spoke with the men and route out of the ice. But the ice fore- to Troy, NY. They were working to get women and they were exceptionally cast continues to see ice edge expand- heating fuel to about 4 million people proud of their mission. But I said to ing to the south. So all the progress in the communities along the river. Of- them: You will go back home and your they are making going south, the ice is ficer Glasgow testified that as a direct world will be changed because you will just coming at them in the other direc- result of the Coast Guard’s continuous be able to stand and say: Yes, I was on tion. ice-breaking efforts that winter, all 274 the Healy when we broke ice to get the So it is challenging, but, again, these petroleum-bearing barges that started Renda to northwest Alaska. are extraordinary professionals across the trip up the Hudson made it through Let me give an update. Renda, the agencies. I have mentioned NOAA, and the ice. tanker, was able to get close to Nome I mentioned what we needed to do in He also noted if the Hudson had re- after weeks of transit made difficult by order to facilitate the Jones Act waiver mained closed to barge traffic, it would the winter conditions of the thick ice through the Departments of Energy, have taken over 21,000 tank truck loads and the currents and the winds. There Homeland Security, Transportation, to move that petroleum, assuming that were days when they actually went and Defense, but we also had the State the trucks were available to make backward. The Coast Guard Cutter Department involved, we had the EPA those deliveries. Healy would break the ice, loosen it, involved, and the native corporation So we basically had a situation on but it was so cold and things were hap- Sitnasuak to put this whole thing to- the East Coast where the Coast Guard pening so fast, the ice would refreeze gether. We had incredible local leader- came to the rescue. They cleared a the distance between the cutter and ship coming out of the community of path so that commerce could be facili- the Renda. Nome. We had the University of Alaska tated, and these communities along the In addition to some pretty tough en- researchers who helped with the UAVs Hudson could have the fuel and the re- vironmental conditions, we had some to determine, again, how we best lay sources they needed. The Coast Guard language issues going on between the everything from the tanker in the made it happen in an efficient and en- Coast Guard cutter and the Russian safest place across the ice. An incred- vironmentally responsible way—avoid- tanker. They had to translate the mis- ible act of collaboration. ing 21,000 tank truck loads of fuel on sion. We had some cultural differences I see my friend from Illinois is on the the roads. going on. But what they were able to floor, and I know I have gone over my This is not unlike the role the Coast facilitate, again, was pretty remark- time, but I have about 3 more minutes Guard has played in Alaska. The dif- able. I am giving laudatory praise to to wrap up if that works for my col- ference with Nome is that there could our Coast Guard, but I think it is also league. Senator DURBIN comes from a not be 21,000 truck loads of petroleum important to recognize the good work State that appreciates snow, and so I because there are no roads for those the crew of the Renda did in assisting think my colleague would like to hear trucks to travel to Nome. So we did as well. the rest of my story because I am not not have the option for any other Using NOAA’s satellites to determine done acknowledging the fine men and means of transport to the community where the best mapping could be, women of the Alaska National Guard short of air transport. where to cut through that, they were who played a role in helping to dig out So when we look at what the Coast able to break through and get within the community of Cordova after record Guard Cutter Healy and Captain about a half mile of the shore of Nome. snowfall. Havlik and all the crew members did, It was close enough so that when I got We have had some pretty tough they were following in the footsteps of off the Healy, I was able to take a snow snows. Cordova is a coastal community many members of the Coast Guard be- machine to shore. It was about a 3- in south central Alaska, and they got fore them in carrying out the Coast minute snow machine ride. That is how hammered. They got about 176 inches Guard’s stated ice operations mission, close they were able to get in safely to of snow. Last week, when we checked which is to assist vessels and commu- the shore. The Renda laid hose across in, they had 16 feet of snow on the nities in emergency situations and fa- the ice to connect to the tankers on- ground, which is pretty unusual. Not cilitate essential commercial maritime shore. quite Valdez’s record, which is sitting activities. It was about a 6-day process to trans- at 27 feet right now, but it was enough The Coast Guard carried out this fer the fuel to the community, but the that roofs were caving in and there mission by assisting with 680 ice tran- parties involved did it safely, without were public safety concerns. What the sits, representing the transport of over any incident whatsoever. They were community did was come together, as $2 billion of cargo. Similarly, just last able to then close that operation and, small communities do, to try to shovel year, Coast Guard cutters coordinated last Friday, they took off from Nome out, and 50 or 60 Alaska National with the Canadian Coast Guard ships to go back—the Renda to Russia and Guardsmen were there to help. The to facilitate the movement of about $2 the Coast Guard Cutter Healy to Se- Coast Guard was there too helping to billion worth of critical goods on the attle. shovel—it was quite a lovely commu- Great Lakes. I asked for a progress report just this nity story. I point this out because I think it is afternoon. And as of today, the Healy Again, it is one of those stories that important for people to know that in and the Renda were approximately 240 reminds us that whether Mother Na- addition to all the other critical mis- nautical miles southwest of Nome, 275 ture hits us with winds and storms and sions the Coast Guard has, one of theirs nautical miles from the ice edge. So cold in the north, or hurricanes in the is to assist vessels and communities in they still have a long way to go getting south, we come together as a people. emergency situations and to facilitate through the ice. We come together as communities to

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with January 26, 2012 CONGRESSIONAL RECORD — SENATE S117 help, and sometimes we have some real First, let me explain what it is all know the answer. They go after the car heroes that emerge. Some of those he- about. It is a bill that would allow stu- that is traveling so fast it is a danger roes for us in Alaska these past few dents to literally earn their legal sta- to its occupants and everyone else. The weeks have been our U.S. Coast Guard tus in America. These are students who same is true when it comes to ques- and our Alaska National Guardsmen came to the United States as children. tions of deportation. Use good sound and women. They have been here for a long period prosecutorial judgment, with limited As I started my comments, I said we of time. They have good moral char- resources, to deport only those people do things bigger in Alaska, perhaps a acter. They must graduate from high who could be a threat or a danger to little bolder. There is a new movie school, speak English and complete at these United States. That is the first coming out that you may have heard least 2 years of service to our country priority. about. It is called ‘‘Big Miracle.’’ It is in the military or at least 2 years of Earlier today, Senator GRASSLEY, about the rescue of the whales back in college, and that can include voca- who is the ranking member of the Sen- the late 1980s. Some of you may re- tional training, which I think can be ate Judiciary Committee, came to the member the whales were trapped in the equally valuable to many young peo- Senate floor and claimed that the ice off Point Barrow. It is a wonderful ple. And I have talked to the Presiding Obama administration is using this dis- story about how we, as Alaskans, came Officer about this. I certainly believe cretionary authority to implement the together with the Russians, state and that should be part of this conversa- DREAM Act because it failed to pass federal agencies, environmental and tion. Congress. I respectfully disagree with other groups that would normally not The DREAM Act would make us a my friend from Iowa. be allies, and regular folks for a com- better and stronger country. These The DREAM Act would give these mon purpose. That movie, ‘‘Big Mir- young people are waiting for the oppor- young people the chance to earn legal acle,’’ reminded me that in Alaska we tunity to contribute to America. I have status. That is not the case when it have a few more big miracles we can come to the floor dozens of times now comes to deportation. Even if they are brag about, and they begin with people to tell their stories. There was a time not deported, they are still not in a who truly make the health, safety, and when they were afraid to speak out and legal or permanent legal situation in well-being of others their top priority, to identify themselves. But thank God the United States. Their future is still even when they do not know any of that has changed. They now speak out in doubt and in question. So there is no those people. because they understand when people parallel as far as that is concerned. I know the people of Nome and Cor- see who they are, what they have done, I have come to the floor many times dova and the people of Valdez all give and what their dreams are, they can to introduce those who follow this de- thanks to those who stepped up during appreciate the fact these are good bate to these young people to get to these tough winter months to help us young people who, when given a know who they are and why I think out and were there at our side. I thank chance, will make us a safer and this cause is important and their lives the Chair for the extra time, and I stronger nation. are important to us. Let me introduce thank my colleague from Illinois for That is why this proposal has been today two of them. his patience and again extend my supported by the Department of De- This is Alaa Mukahhal. Alaa is of heartfelt thanks to our U.S. Coast fense. They want these young people— Palestinian descent, was brought to Guard men and women, as well as the these high school graduates of good the United States by her parents 19 fine men and women of the Alaska Na- character—to come into our military years ago when she was 7 years old. She tional Guard. and make it better. Of course, many is 26, and she grew up in the suburbs of I yield the floor. others see this as a valuable addition Chicago, my home State. She was an The PRESIDING OFFICER (Mr. to our economy—tomorrow’s engineers honor student in high school and grad- MANCHIN). The Senator from Illinois. and scientists and teachers and doctors uated from the University of Illinois at Mr. DURBIN. Mr. President, I wish to and lawyers and entrepreneurs. These Urbana Champaign—a great univer- thank my colleague from Alaska and young people can make America a bet- sity—with a bachelor’s degree in archi- tell her that this week on National ter place. tecture. She sent me a letter, and here Public Radio there was a feature about I contacted the Obama administra- is what she said: Cordova and all the snow they have tion last year, along with 21 of my col- Being undocumented and with no pathway had to deal with there. I am sure this leagues, and asked that they take a to the citizenship means I actually can’t use is perhaps commonplace in her great look at these young people when it my architectural degree. It means I can’t get State, but as we listened to it from comes to deportation. Understand we a job and move forward with my life. This Chicago, we felt blessed we haven’t estimate there are 11 million undocu- year, once again, we wait for Congress to do mented people in America. There are the right thing and give undocumented been hit too hard yet this winter. But young people all across America a chance to our hearts go out to the men and some who just say: Oh, send them all better serve our communities and our coun- women in the Coast Guard and the Na- back. try. I am an asset to this country, a re- tional Guard in Alaska and the people That is not even in the realm of re- source, with a desire to make good use of my who are struggling in Alaska’s commu- ality. So I have asked the Obama ad- degree. I want to be able to work and design nities to survive these natural disas- ministration, along with 20 of my col- affordable housing for low-income commu- ters. leagues, to focus on those who are any nities. f danger to the United States and send In the finest American tradition, them back—deport them. In fact, the Alaa has become an activist. She has THE DREAM ACT Obama administration has done just stepped out to introduce herself to Mr. DURBIN. Mr. President, each of that. I have asked them as well, since America so we know who these us takes on an agenda in Congress, we have limited resources, to please DREAM Act students are and what things that are important to us person- try to identify those who might fall they could mean to the future of our ally, and sometimes one or two of into the qualification of the DREAM Nation. those issues become very personal and Act and do not deport them. Let me also introduce to you this very important to us. The one that has There are some who argue: Oh, wait a lovely young lady, Maria Luna. Maria become very personal to me relates to minute. They should all go. But we has a heartbreaking but inspiring the DREAM Act. know we have limited resources for en- story. The DREAM Act is a bill I introduced forcement. If a person is a State troop- Her mother lives in the United 10 years ago—10 years ago. To serve in er, parked on the side of a highway in States. But just before she was to be the Senate, one has to be a patient per- Illinois or West Virginia, with a speed born in the United States, her mother son because nothing happens quickly. limit of 55 miles an hour, and one car fled the country and gave birth to her But 10 years is long enough, and I am comes by at 65 miles an hour and the on the Mexican side of the border. urging my colleagues on both sides of next one comes hurtling by at 110 miles Maria’s mother abandoned her in Mex- the aisle to take a close look at this an hour and they can go after only one ico at that point—left her when she legislation today. car, which one will they go after? We was only 3 days old. Luckily, her

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with S118 CONGRESSIONAL RECORD — SENATE January 26, 2012 grandmother stepped in and started Pilgrims got off the Mayflower. The more: Do you think the quality—be- raising Maria in Los Angeles, CA. Her next boat that arrived, I am sure some cause there is a lot of discussion about grandmother passed away when Maria of the Pilgrims said: Oh, not more of quality and access and concerns about was 10 years old. those people. care. Do you believe the quality of After her grandmother’s death, Maria Well, that is the story of America. your care will go down? Again, the went to live with her biological mother Thank goodness a lot of those immi- hands went up. who, unfortunately, was abusive both grants from Italy, from Lithuania, So we have people who are saying: physically and emotionally to this from Poland, from China, from Mexico, We are going to be paying more and young woman. While she was in high decided to stick it out and fight for getting less, and that is not what I school, Maria learned that she did not their future. These young people de- want. have legal status because she was actu- serve that same opportunity. So today I am here to discuss some- ally born across the border in Mexico. Mr. President, I yield the floor. thing about the health care law that She asked her mother to file the papers The PRESIDING OFFICER. The Sen- the President did leave out of his big for her so that she could be legal in ator from Wyoming. speech on Tuesday night, and that is America. Her mother refused, and she f the issue of waivers. threatened to turn her into the au- A SECOND OPINION On January 6, while we were all back thorities if she caused any trouble at in our home communities, many people Mr. BARRASSO. Mr. President, I talking to folks around their home home. come to the floor today, as I have week Maria persevered. She became a States—on January 6, while Congress after week ever since the President’s straight-A student. She graduated from was not in session, the House was not health care law was passed, to bring a in session, the Senate was not in ses- high school with a 4.2 GPA. This is doctor’s second opinion about the sion—the administration ended their what she said: health care law. program that has been a major embar- Even through everything that I was facing I traveled the State all the last week at home, I was able to find relief at school. in Wyoming talking to people about rassment to the Obama administration. At school, I felt worthy. My dignity was re- the things they look for in a health Month by month, the President has had turned. I was valued based on my merit and to announce that he had to issue more drive. care law, which is what they want as patients, as citizens. What they are and more waivers from his health care In 2010, Maria graduated from Cali- looking for is the care they need from law, waivers that the President grant- fornia State University of Sacramento. a doctor they want at the price they ed to unions, to businesses, and to in- She also decided to start to tell her can afford. Across the board, they do surers. Each and every waiver served as story publicly about why she believes not believe they are getting that with a clear admission that the health care the DREAM Act is so important. the health care law that was passed in law, as written, didn’t get the job done Maria wants to go to business school this body and then in the House and and doesn’t work. and become an entrepreneur. She has signed by President Obama during the Well, as of January 6, 2012, the ad- begun a career in modeling—as you can last couple of years of the administra- ministration has issued a total number tell, a lovely young lady—although she tion. of waivers that covers more than 4.1 doesn’t have legal status and can’t be It is interesting, as we went to the million Americans. Over 1,700 waivers paid for her work. She sent me a letter, floor of the House in the House Cham- were given covering more than 4.1 mil- and here is what she said: ber this past week for the President’s lion Americans. Through my involvement through the State of the Union speech, it was al- Now, interestingly, of all of those DREAM Act I have learned of many students most 7,000 words, and he focused very people, a very small percentage of who like me have excelled despite tough little on the health care law. workers in this country are union odds. One thing that we all share in common One might say: Well, why is that? workers. Yet over half of all the waiv- is our hunger to succeed and give back to ers given, 2.2 million of those people this country. My dreams and ambitions are Well, it seems pretty obvious it is be- all for America. This is where I belong. I cause that law was unpopular when it were those who are covered with union know no other home. It is here that I was was passed, and it is actually more un- insurance. So we have 4.1 million given an opportunity, it is here that I have popular with the American people Americans given waivers. So 2.2 mil- become educated. America adopted me and today than it was the day it was lion people with union insurance got a raised me as her own. And because of that, I passed. The more people find out about waiver; that is, 54 percent of all of the am forever indebted to her. All I want is to it, the less popular it becomes. waivers went to union employees who have the ability to give back to my country. Even the White House understands supported the health care law. These Mr. President, you and I know this is this law is deeply flawed, it is ex- are the people who were out in the a nation of immigrants. We are fortu- tremely unpopular, and it actually streets rallying, saying: We want the nate that at some point in the past our makes it harder for small businesses to health care law. They have it on their parents and grandparents had the cour- create jobs. So when the President Web sites. They had celebrations when age and determination to come to wants to talk about job creation in it was passed. these shores and fight the odds. They America, he realizes his health care Then, do you remember what NANCY came here speaking broken, if any, law isn’t helping, and it is actually PELOSI said? First, you have to pass it English. They persevered through the making it worse. before you get to find out what is in it. rejection of people who wanted nothing I had townhall meetings in different As all these people getting their insur- to do with immigrants. They took the communities around Wyoming last ance through unions found out, if they dirtiest, hardest jobs available because week, where you gather a group of peo- complied with the law as written it that was it, and they prayed that their ple together. My colleagues ought to do would break their policies, break their kids would have a better life. That was the same in their own communities and programs, and they said: We cannot af- the immigrant’s dream, and it always their home States and ask the group of ford to have this law apply to us. has been. That is the dream of these people: Do you believe, under this Please give us a waiver. And 2.2 million children: that they can have a better health care law—you remember, the people with union insurance got a life, that they can make this a better one the President promised that if waiver. As they say, they let the word country. All they are asking for is a passed that the cost of your insurance out January 6, 2012, while Congress was chance to earn the right to be legal, to would go down? Do you remember that not in session and while people were fo- earn it—not to be given it but to earn law? Do you believe that after that was cused on other things. it. passed, that your health care costs will The rest of America’s small business I am going to continue to work for actually go up? How many believe the owners were not so lucky. A new poll passage of the DREAM Act. I hope my cost of your care will go up and your from the Chamber of Commerce found colleagues on both sides of the aisle insurance will go up? Every hand went that 78 percent of small businesses sur- will look at this in an honest and fair up. veyed reported that taxation, regula- way. I know immigration has been a Then ask those same people, who now tion, and legislation from Washington hot button issue since right after the say they are going to end up paying made it harder for their businesses to

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In that same will end up footing the bill. cause many of the provisions do not poll, 74 percent of small business own- With a $15 trillion debt and unem- even go into effect until 2014 or later. ers said the recent health care law ployment hovering around 8.5 percent, That is why I come to the floor week makes it harder for their business to the last thing we should do is adopt after week giving a doctor’s second hire more employees. policies like this health care law and opinion, to mention and to tell that I Now, aren’t these the very people we then this waiver that discourage Amer- intend to fight each and every day to are asking to go out and hire more ica’s best and brightest from starting make sure the American people will workers to get America back to work? new companies and hiring new work- never have to find out, come 2014. Yet the President’s and Democrats’ ers. But that is exactly what President I am committed more than ever to health care law is making it harder for Obama’s health care law does. It stifles repealing the health care law, repeal- 74 percent of small businesses in this innovation, strangles the market, and ing it and replacing it with health care country to hire more employees. it saddles the American people with reforms that help American families So how did we get here? more debt. get the care they need from a doctor Well, in May of 2011 I came to the This is just another example showing they want at a price they can afford. Senate floor, right here, and explained how the President’s health care poli- I yield the floor. that the waiver recipients, under the cies are making the situation worse. The PRESIDING OFFICER. The ma- way it worked, had to reapply because His policies are hurting America’s jority leader. they were getting annual benefit waiv- economy. His policies are making the Mr. REID. Mr. President, this is not er limits year after year after year. Re- standard of living in America worse. the time for a debate with my friend, alizing what an embarrassment this His policies are making health care in the distinguished Senator from Wyo- drip, drip, drip of new waivers was America worse. His policies are making ming. I would just say there are two sides to the story. Try to have my going to be by the administration, in America’s debt worse. friend, the Senator from Wyoming, ex- August of 2011 the administration Almost immediately after President plain to Jeff Hill, a young man who, switched course. The Department of Obama signed this health care bill into within 2 weeks after turning age 24—he Health and Human Services announced law, the employers around the country had to go off his parents’ insurance at that point that if people wanted a began to sound the alarm. They said when he turned 23—got testicular can- waiver, they were going to have to the health care law’s annual benefit cer. His parents had to spend money apply for a final waiver that would limit policy would force them to stop they didn’t have, borrow money they carry on all the way through 2014—a 3- offering health insurance to hundreds didn’t have to take care of the prob- year waiver. They wanted to get all of of thousands of Americans and their lems this young man developed with this out by the beginning of 2012 so it families. That is why the administra- testicular cancer, all the surgery, radi- tion came up with this waiver idea. No- wouldn’t be a continued election year ation, all the other chemo he had. Try where in the health care law is the Sec- embarrassment for this President, this to have him explain to the more than 2 retary of Health and Human Services administration, and those who voted million seniors who have been able to granted explicit authority to start an for it. This scheme allowed the admin- have wellness checks as a result of this annual benefit limit waiver program— istration to dodge issuing more waivers law we passed. How about the people in nowhere in the law. What the adminis- leading up to the 2012 Presidential elec- Nevada who have come to me with tion. tration should have done is come to tears in their eyes, explaining to me It is clear these waivers were going Congress and ask for help to fix the that their daughter or son now has the to be an election year embarrassment problem they had created. That would ability to have insurance because they for the President. They are an embar- mean, however, the President and cannot be denied insurance because of rassment because each and every waiv- Washington Democrats would have to a preexisting disability. er was yet another reminder to the admit their health care law was flawed. That is why we have seen this litiga- American people that President Washington Democrats crafted policy tion which has been generated, and the Obama’s health care law wasn’t work- mandating that everyone must buy appellate courts by a 3-to-2 margin ing. government-approved health insurance. have favored the law, including a bril- The President promised, and we re- In many cases, it is insurance these in- liant decision written by an extremely member hearing him loudly and clear- dividuals do not need, do not want, and conservative judge, Judge Silberman in ly: If you like the health insurance cannot afford. The President pushed the DC Court of Appeals, who upheld plan you have, then you can keep it. his mandates on the American people this law. That is why many consumer Well, what he meant was, to keep the without understanding how limited groups have joined in the appeal to the coverage you have, if you like it, you health insurance products work in the U.S. Supreme Court, along with the may need a waiver from Washington. marketplace. The administration sim- pharmaceutical industry, along with I also want to talk for a moment ply ignored the fact that many employ- the insurance companies—because this about what happens now that this Sep- ers cannot afford to offer the Cadillac is something that is good for the Amer- tember deadline has passed and these 4 health insurance coverage to their ican consumer. million waivers have been granted. workers that the government is man- That is why it was so unfortunate It is now no longer possible to apply dating. that the Republicans blocked some- for an annual benefit limit waiver. It is Now, if those businesses do not have thing that would help consumers after no longer an option for business owners a waiver already, they will not be able the financial wizardry that took place in this country. So that means it to offer their employees any insurance on Wall Street that basically tore down leaves hard-working Americans who coverage at all, and new business the economies of so many different want to start a new business forced to startups will not have the opportunity States. When we passed the Dodd bill, choose between two options. I think to ask for a waiver. Those employers we wanted to make sure consumers they are bad options. might have wanted to offer some basic were protected. That is why we tried One, they can offer high-cost, govern- level of health insurance coverage to for months and months to have some- ment-approved health insurance. Well, their new employees, but thanks to the one selected to fill that spot. that is going to make it very expensive Obama administration they will not be Republicans said: We do not like the for them to try to open a new business able to offer anything at all because of law. We like him, but we don’t like the and hire workers. The expense of open- the expense. law, so we do not want the law effec- ing that business may likely be too This is just another example of Wash- tuated, so we are not going to approve great. So those jobs are not created, ington Democrats pushing a one-size- him. And they did not. That is why and unemployment rates stay high. No. fits-all, ‘‘we know best’’ policy where President Obama, under the terms of 2, they could not offer coverage at all they think they know what is best for the Constitution that is written to pro- because they cannot afford the health all of the people of this country. How tect this country, has in that Constitu- care law’s onerous mandates. If they many more disruptive, ticking tion the power of recess appointments.

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with S120 CONGRESSIONAL RECORD — SENATE January 26, 2012 That is what he did to protect the con- The PRESIDING OFFICER. Without to the Budget Control Act, while reve- sumer. objection, it is so ordered. nues are $0.9 billion below the levels The health care law we passed pro- f provided pursuant to the Budget Con- tects the consumer. trol Act. The overage in spending is the f BUDGET SCOREKEEPING REPORT result of P.L. 112–78, the Temporary MORNING BUSINESS Mr. CONRAD. Mr. President, I rise to Payroll Tax Cut Continuation Act of submit to the Senate a budget 2012, which was passed at the end of Mr. REID. Mr. President, I ask unan- scorekeeping report. The report, which last session. While that legislation was imous consent that the Senate proceed covers fiscal year 2012, was prepared by fully paid for over 10 years, it increased to a period of morning business, with the Congressional Budget Office pursu- spending in 2012. Finally, the estimates Senators permitted to speak for up to ant to Section 308(b) and in aid of Sec- show that, in total, there has been no 10 minutes each. tion 311 of the Congressional Budget net change for Social Security. The PRESIDING OFFICER. Without Act of 1974, as amended. objection, it is so ordered. I ask unanimous consent that the The report shows the effects of Con- letter and accompanying tables from f gressional action through January 20, CBO be printed in the RECORD. STOP TRADING ON CONGRES- 2012, and includes the effects of legisla- There being no objection, the mate- SIONAL KNOWLEDGE ACT—MO- tion enacted since passage of the Budg- rial was ordered to be printed in the TION TO PROCEED et Control Act of 2011, which estab- RECORD, as follows: Mr. REID. Mr. President, I move to lished allocations, aggregates and other levels for 2011, 2012, 2012–16, and U.S. CONGRESS, proceed to Calendar No. 301, S. 2038. CONGRESSIONAL BUDGET OFFICE, The legislative clerk read as follows: 2012–21. The legislation includes: P.L. Washington, DC, January 25, 2012. The Senator from Nevada, Mr. REID, moves 112–29, the America Invents Act; P.L. Hon. KENT CONRAD, to consider Calendar No. 301, S. 2038, a bill to 112–33, the Continuing Appropriations Chairman, Committee on the Budget, prohibit Members of Congress and employees Act, 2012; P.L. 112–40, an act to extend U.S. Senate, Washington, DC. of Congress from using nonpublic informa- the Generalized System of Preferences, DEAR MR. CHAIRMAN: The enclosed report tion derived from their official positions for and for other purposes; P.L. 112–41, the shows the effects of Congressional action on personal benefit, and for other purposes. United States-Korea Free Trade Agree- the fiscal year 2012 budget and is current CLOTURE MOTION ment Implementation Act; P.L. 112–42, through January 20, 2012. This report is sub- Mr. REID. There is a cloture motion the United States-Colombia Trade Pro- mitted under section 308(b) and in aid of sec- at the desk. motion Agreement Implementation tion 311 of the Congressional Budget Act, as The PRESIDING OFFICER. The clo- Act; P.L. 112–43, the United States-Pan- amended. ture motion having been presented ama Trade Promotion Agreement Im- The estimates of budget authority, out- under rule XXII, the Chair directs the plementation Act; P.L. 112–55, the Con- lays, and revenues are consistent with the clerk to read the motion. solidated and Further Continuing Ap- technical and economic assumptions of sec- The legislative clerk read as follows: tion 106 of the Budget Control Act of 2011 propriations Act, 2012; P.L. 112–56, an CLOTURE MOTION (Public Law 112–25). act to amend the Internal Revenue This is CBO’s first current level report for We, the undersigned Senators, in accord- Code of 1986 to repeal the imposition of ance with the provisions of rule XXII of the fiscal year 2012. Standing Rules of the Senate, do hereby 3 percent withholding, and for other Sincerely, move to bring to a close debate on the mo- purposes; P.L. 112–74, the Consolidated DOUGLAS W. ELMENDORF, tion to proceed to Calendar No. 301, S. 2038, Appropriations Act, 2012; P.L. 112–77, Director. the Stop Trading on Congressional Knowl- the Disaster Relief Appropriations Act, Enclosure. edge Act: 2012; P.L. 112–78, the Temporary Pay- Harry Reid, Joseph I. Lieberman, roll Tax Cut Continuation Act, 2012; TABLE 1. SENATE CURRENT LEVEL REPORT FOR SPENDING Sherrod Brown, Joe Manchin III, Tom and P.L. 112–80, an act to amend title AND REVENUES FOR FISCAL YEAR 2012, AS OF JANU- Udall, Mark Begich, Herb Kohl, Bill 39, U.S.C., to extend the authority of ARY 20, 2012 Nelson, Frank R. Lautenberg, Jeanne Shaheen, Richard Blumenthal, Ben- the United States Postal Service to [In billions of dollars] jamin L. Cardin, Christopher A. Coons, issue a semipostal to raise funds for Current Dianne Feinstein, Patrick J. Leahy, breast cancer research. Budget ag- Current level over/ Richard J. Durbin, Patty Murray, The estimates of budget authority, gregates level under (¥) Charles E. Schumer. outlays, and revenues are consistent aggregates Mr. REID. Mr. President, I ask unan- with the technical and economic as- ON-BUDGET imous consent that the mandatory sumptions of Section 106 of the Budget Budget Authority ...... 2,985.7 3,013.2 27.5 Outlays ...... 3,046.9 3,066.9 20.0 quorum call under rule XXII be waived Control Act of 2011 and CBO’s March Revenues ...... 1,890.9 1,890.0 ¥0.9 on the cloture motion on the motion to 2011 baseline. OFF-BUDGET proceed to S. 2038; further, that the clo- The estimates show that for fiscal Social Security Outlays 1 ...... 574.0 555.1 ¥18.9 Social Security Revenues ...... 666.8 647.8 ¥18.9 ture vote on the motion to proceed to year 2012, spending is $27.5 billion in 1 Excludes administrative expenses of the Social Security Administration, S. 2038 occur at 5:30 p.m. on Monday, budget authority and $20 billion in out- which are off-budget, but are appropriated annually. January 30. lays above the levels provided pursuant SOURCE: Congressional Budget Office. TABLE 2. SUPPORTING DETAIL FOR THE SENATE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2012, AS OF JANUARY 20, 2012 [In millions of dollars]

Budget authority Outlays Revenues

Previously Enacted 1 Revenues ...... n.a. n.a. 1,890,921 Permanents and other spending legislation ...... 1,847,363 1,773,303 n.a. Appropriation legislation ...... 0 581,418 n.a. Offsetting receipts ...... ¥708,099 ¥708,099 n.a. Total, Previously enacted ...... 1,139,264 1,646,622 1,890,921

Enacted 1st Session, 112th Congress:1 Authorizing Legislation: America Invents Act (P.L. 112–29) ...... ¥3 ¥3 ¥4 An act to extend the Generalized System of Preferences, and for other purposes (P.L. 112–40) ...... ¥28 ¥240 ¥996 United States-Korea Free Trade Agreement Implementation Act (P.L. 112–41) ...... 53 53 ¥31 United States-Columbia Trade Promotion Agreement Implementation Act (P.L. 112–42) ...... ¥68 ¥68 ¥137 United States-Panama Trade Promotion Agreement Implementation Act (P.L. 112–43) ...... 1 1 118 An act to amend the Internal Revenue Code of 1986 to repeal the imposition of 3 percent withholding . . . and for other purposes (P.L. 112–56) ...... ¥39 ¥39 ¥25 Temporary Payroll Tax Cut Continuation Act, 2012 (P.L. 112–78) ...... 29,363 29,363 136 An act to amend title 39, U.S.C., to extend the authority of the United States Postal Service to issue a semipostal to raise funds for breast cancer research (P.L. 112–80) ...... 0 ¥1 0 Total, Authorizing Legislation ...... 29,279 29,066 ¥939

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Budget authority Outlays Revenues

Appropriations Acts: Continuing Appropriations Act, 2012 (P.L. 112–33) ...... ¥1,000 ¥1,000 0 Consolidated and Further Continuing Appropriations Act, 2012 (P.L. 112–55, Divisions A, B, and C) ...... 242,076 195,617 0 Consolidated Appropriations Act, 2012 (P.L. 112–74) ...... 1,621,868 1,193,967 0 Disaster Relief Appropriations Act, 2012 (P.L. 112–77) ...... 8,607 1,608 0 Total, Appropriations Acts ...... 1,871,551 1,390,192 0 Total, Enacted 1st Session, 112th Congress ...... 1,900,830 1,419,258 ¥939

Entitlements and Mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... ¥26,928 1,027 0 Total Current Level 2 ...... 3,013,166 3,066,907 1,889,982 Total Budget Aggregates 2, 3 ...... 2,985,700 3,046,903 1,890,921 Current Level Over Budget Aggregates ...... 27,466 20,004 n.a. Current Level Under Budget Aggregates ...... n.a. n.a. 939 SOURCE: Congressional Budget Office. Note: n.a. = not applicable; P.L. = Public Law. 1 Pursuant to section 106 of the Budget Control Act of 2011, budgetary effects of legislation enacted in the 1st session of the 112th Congress up to and including the Budget Control Act of 2011 (P.L. 112–25) are shown in the ‘‘Pre- viously Enacted’’ section of this table. Because P.L. 112–26 (the Restoring GI Bill Fairness Act of 2011) was cleared by Congress for the President’s signature before P.L. 112–25, it is also included in that section. 2 For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the aggregate levels are provided for in section 106 of P.L. 112–25. These levels, as originally published in the Congressional Record of September 7, 2011, do not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level excludes these items. 3 Periodically, the Senate Committee on the Budget revises the aggregate totals: Budget authority Outlays Revenues Original Budget Aggregates ...... 2,854,385 2,987,419 1,890,921 Revisions: Adjustments for disaster, emergency, and overseas contingency operations, and for other purposes (September 16, 2011) ...... ¥396 ¥4,998 0 Adjustments for disaster and overseas contingency operations funding (September 21, 2011) ...... 117,885 59,677 0 Adjustments for disaster, overseas contingency operations, and program integrity intiatives (October 5, 2011) ...... 11,896 5,108 0 Adjustments for disaster spending (October 20, 2011) ...... 475 62 0 Conference report for H.R. 2112 (November 16, 2011) ...... ¥847 ¥79 0 Conference report for H.R. 2055 (December 16, 2011) ...... 2,302 ¥286 0

Revised Budget Aggregates ...... 2,985,700 3,046,903 1,890,921

REMEMBERING VA´ CLAV HAVEL space for truth and love in society transitional regime in Egypt, long-es- Mr. CARDIN. Mr. President, today I must continue to increase.’’ tablished rulers in Bahrain, newly rise to honor former Czech President Just a few days before his death, elected leaders in Honduras, or stra- and renowned human rights activist Havel was actively following protests tegic allies in Europe. Va´ clav Havel. Va´ clav Havel died last in Moscow, and published an opinion in the independent Russian newspaper Va´ clav Havel was a hero of the twen- month, and I was sad to note that the tieth century, and I was very fortunate news of his death was overshadowed by Novaya gazeta, and called the current to have met him. I am also very proud not only the holidays but also by Russian government a ‘‘specific com- media coverage of Kim Jong Il’s death. bination of old stereotypes and a new of all that the Helsinki Commission The irony—that one of the great lead- business-mafia environment.’’ He en- and the United States did in Eastern ers of the third wave of democracy, couraged Russian citizens to see that Europe to support Havel and his friends passed at virtually the same time as the current regime, which presents in their quest to live in truth. We must one of the century’s most dangerous, itself as democratic, is in fact not strive to honor that commitment in repressive tyrants—is striking. democratic at all. Exposing the truth the rest of the world, so that Havel’s Eulogies to Havel from everyday of the repressive Communist regime legacy, and our own, lives on in the Czechs, European and world leaders, lead to the victory of his peaceful Vel- twenty-first century. and admirers across the globe have vet Revolution, and Havel was con- poured forth in the past month, and for vinced this experience could be rep- f me, some of the most touching have licated in Russia, if the citizens were come from the Czech Romani commu- committed. I am not at all surprised by a report TRIBUTE TO MAJOR GENERAL nity. The Roma community, which is MICHAEL DUBIE often ostracized from and disenchanted from Aung San Suu Kyi, who said she with mainstream politics, embraced received a letter in the days following Mr. LEAHY. Mr. President, I would Havel as a leader and a friend. And in- Havel’s death from Havel himself. Suu like to take a moment to pay tribute deed Emil Scuka, the Czech president Kyi said that Havel wrote from his to Major General Michael Dubie, the deathbed that he was thinking of her of the International Romani Union, Adjutant General of the Vermont Na- and how the transitional experience said ‘‘Va´ clav Havel was not afraid to tional Guard. Throughout his career, publicly stand up for Romani people from Czech Republic might prove use- ful to her in Burma’s transition and General Dubie has demonstrated self- even though he knew he could lose a less dedication and service to our State great deal politically by doing so be- her own quest for freedom and truth. and our country. I was very pleased to cause the public wouldn’t like it. He Even in the last moments of his life, never made such political calculations Havel was thinking about the imper- learn that Vermont’s largest news- in advance . . . With the death of iled human rights defenders around the paper, the Burlington Free Press, re- Va´ clav Havel, all of us Romani people world, from Russia to Burma, whom he cently named General Dubie the are losing a great defender, a fighter could help. Vermonter of the Year. He certainly for freedom and human rights. We are And so it strikes me that in addition deserves the honor. losing the certainty that when things to the resolution honoring Havel, in- Earlier this year, when Tropical troduced by Senators RUBIO and LIEB- are at their worst, Va´ clav Havel will Storm Irene devastated much of help us. However, I believe his ideals, ERMAN, on which I am a proud cospon- sor, we should also take this moment Vermont, General Dubie led the his ideas, and his philosophy will live Vermont National Guard in con- on.’’ to rededicate ourselves to the prin- I was also inspired by the eloquent ciples so clearly visible in the life of fronting one of the most serious crises tribute of Gabriela Hrabanova, a this virtuous man. We must aid the our State has ever faced. The Guard former advisor to the Czech govern- Havels of this generation in their ef- acted immediately to deliver emer- ment on Romani issues, who said ‘‘Ev- forts to live in truth and freedom. We gency supplies to victims cut off by the eryone has been writing about how this must do an even better job of storm’s destruction. Helicopters is the end of an era. I firmly hope that prioritizing respect for human rights airdropped food and water. When it be- is not the case. The legacy of Va´ clav whenever we engage other govern- came apparent that Vermont needed Havel must remain with us, and the ments, whether we are dealing with the more airlift because some of the

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with S122 CONGRESSIONAL RECORD — SENATE January 26, 2012 Vermont Guard’s helicopters were in Norway and Korea, ongoing Vermont Na- Approximately 60 percent of veterans Iraq, General Dubie coordinated with tional Guard missions in Djibouti, Kosovo, with known combat-related Traumatic other State Guards to get the help Macedonia and Senegal, helicopter rescues in Brain Injury (TBI) and 30 percent with Vermont needed. Iraq—all in 2011—and following the major ac- noncombat-related TBI report vision tivation to Afghanistan in 2010. Let us also The Guard’s intensive rescue and aid remember, as the Iraq War officially comes symptoms. As eye injuries continue to mission eventually evolved into a to its end, the tremendous sacrifice made by plague our servicemembers overseas, longer-term recovery and rebuilding Vermont National Guard members and their our VA eye care providers play a vital mission. Skillfully and tirelessly, families while serving our country during role in the medical service our vet- Vermont citizen-soldiers set to work these past nine years. erans receive. removing debris and rebuilding roads As Dubie said in nominating the men and This week, the VA health care sys- and infrastructure. women of the Vermont National Guard, ‘‘As tem adds one more location where General Dubie commanded some 500 you know, we are a team. It is what makes those who have given so much for our activated Guard members in the wake us so strong.’’ In responding to Tropical Storm Irene, the Vermont ‘‘team’’ also in- freedoms can seek help with their vi- of Irene. But that does not account for cluded many civilians. Together, the sion problems. The dedication of this other ongoing missions in 2011, or the Vermont National Guard and the community facility as the ‘‘Major Charles Robert substantial contribution the Vermont members searched and rescued and then de- Soltes Jr., O.D. Department of Vet- Guard has made to the wars in Afghan- livered supplies to people in otherwise erans Affairs Blind Rehabilitation Cen- istan and Iraq—including a major acti- unreachable locations. Then they began re- ter’’ is a fitting tribute to a fallen hero vation to Afghanistan in 2010. In hon- construction. In addition to the National who committed his life to our country oring General Dubie as Vermonter of Guard, all of these volunteers should be com- and the health and wellbeing of his fel- the Year, we pay tribute to the tremen- mended and thanked for their efforts. We can choose only one person, however, low Americans. The service and sac- dous sacrifice made both in State and as Vermonter of the Year. Because so many rifice of MAJ Soltes will not be forgot- overseas by Vermont National Guard people did so much, the selection committee ten and his dedication to country and members and their families. found it hard to identify a single individual mankind will live on through the in- True to form, General Dubie, despite to recognize. So we choose Maj. Gen. Michael creased care for our Nation’s blind vet- his extensive experience with dan- Dubie to honor them all. erans.∑ gerous overseas missions, has called f the Irene deployment the proudest mis- f sion of his career because he was able ADDITIONAL STATEMENTS to directly help so many of his fellow REMEMBERING ETTA JAMES ∑ Vermonters. RECOGNIZING THE ‘‘MAJOR Mrs. BOXER. Mr. President, today I MG Michael Dubie is a proven leader CHARLES ROBERT SOLTES JR., ask my colleagues to join me in hon- and he embodies the best of Vermont. I O.D. BLIND REHABILITATION oring the life and artistry of Etta am proud to recognize his hard work CENTER’’ James, the legendary singer and enter- and I wish him continued success in his tainer who moved and delighted music career. ∑ Mr. BOOZMAN. Mr. President, today lovers for more than half a century. I ask unanimous consent that the I wish to commemorate the dedication She died in her hometown of Riverside, Burlington Free Press article entitled of the ‘‘Major Charles Robert Soltes CA last week at the age of 73 after a ‘‘Maj. Gen. Dubie is Vermonter of the Jr., O.D. Department of Veterans Af- long and valiant battle with leukemia. Year’’ be printed in the RECORD. fairs Blind Rehabilitation Center.’’ Born Jamesetta Hawkins in Los An- There being no objection, the mate- As a member of the U.S. House of geles in 1938, she began singing in the rial was ordered to be printed in the Representatives during the 111th Con- St. Paul Baptist Church choir at age 5 RECORD, as follows: gress, I strongly supported the bill that and recorded her first hit record, ‘‘The [From the Burlington Free Press, Jan. 1, ultimately became P.L. 111–164. That Wallflower (Roll With Me Henry),’’ 2012] law designated the Department of Vet- when she was just 15. Etta James was MAJ. GEN. DUBIE IS VERMONTER OF THE YEAR erans Affairs Blind Rehabilitation Cen- equally at home singing rhythm & As the Vermonter of the Year, we select ter in Long Beach, CA, as the ‘‘Major blues classics like ‘‘Something’s Got a Maj. Gen. Michael Dubie, adjutant general of Charles Robert Soltes, Jr., O.D. De- Hold on Me,’’ soulful ballads such as the Vermont National Guard, as the rep- partment of Veterans Affairs Blind Re- ‘‘All I Could Do Was Cry,’’ and pas- resentative of the team of men and women of habilitation Center.’’ sionate love songs including the incom- the Guard and the many civilians who Naming this facility after MAJ parable ‘‘At Last.’’ worked together to help Vermont recover Charles Robert Soltes, Jr. is an appro- from Tropical Storm Irene. I was fortunate enough to grow up In our lifetime, Tropical Storm Irene is ar- priate expression of our support for our with her music, dancing to ‘‘The Wall- guably the biggest and most dominant local blinded veterans. In 2004, while de- flower’’ in high school, ‘‘At Last’’ as a news story. Three people lost their lives dur- ployed in Iraq, MAJ Soltes was serving newlywed, and ‘‘Tell Mama’’ as a ing the storm. Vermont National Guard 1st in the 426th Civil Affairs Battalion in young mother. As she continued to Sgt. Shawn Stocker lost his life working to the U.S. Army when the vehicle he was tour and record, later generations mar- respond. Thousands lost their homes, their traveling in was struck by an impro- veled at her talents, reveled in her exu- businesses and many of their possessions. vised explosive device, costing him his Thousands more suffered property damage. berant performances, and admired her Irene washed away some roads, damaged life. indomitable spirit. many others and rendered useless the state MAJ Soltes was the first Army op- Through her music, Etta James office complex in Waterbury. tometrist to be killed in action while brought the joys and sorrows of life Who would have thought that our state on active duty. He left behind a long- home to millions of fans all over the could recover so well in less than 90 days! lasting legacy in the veteran commu- world. She will be deeply missed, but Vermonters owe this recovery to so many. nity. His sacrifices remain an inspira- her music will live on in our hearts and State and local government leaders have tion, particularly amongst the approxi- done their jobs well. In every community im- souls. pacted by the storm, there were at least a mately 157,000 veterans in the United On behalf of the people of California, few civilians who devoted most of their time States who are legally blind and the I send my deepest condolences to her and energy for many weeks helping their more than one million veterans suf- husband, Artis Mills; her two sons, community respond and recover. Hundreds of fering from debilitating low vision. Donto and Sametto James; and her volunteers from all over our state and be- Mr. President, I was the son of a four grandchildren.∑ yond stepped up to do extraordinary things. World War II veteran and before enter- They collectively demonstrated both the in- ing public service, I practiced optom- f domitable spirit of Vermonters and our love etry in Rogers, AR. With that back- for community. ground, I hold an immense respect for, TRIBUTE TO MASTER SERGEANT Approximately 500 Vermont National TRAVIS RIDDICK Guard members were activated as well. We and a particularly strong interest in, are especially mindful that this activation is the care that VA blind rehabilitation ∑ Mr. GRASSLEY. Mr. President, I rise in addition to Air Guard deployments to centers provide our wounded warriors. to pay tribute to a fallen son of Iowa,

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with January 26, 2012 CONGRESSIONAL RECORD — SENATE S123 MSgt. Travis Riddick. Master Sergeant clusion of a year-long series of tour- Thanks to the efforts of all involved, Riddick joined the Marine Corps after naments endorsed by the Daily Racing I am hopeful that Minnesota and Wis- graduating from high school in Form and the National Thoroughbred consin will soon have a bridge that not Centerville, IA. In doing so, he was fol- Racing Association, NTRA, where only improves public safety and pro- lowing in a laudable family tradition of Thoroughbred racing handicappers motes economic growth, but preserves patriotic service. His father and grand- wager more than $12 billion each year. the incredible beauty of the St. Croix father were marines, as well as his In turn, these dollars are put back into River.∑ uncle and cousins. His twin brother re- the horse industry contributing signifi- f cently retired after 21 years in the cantly to this agribusiness’ future VERMONT STUDENTS’ ESSAYS Navy. Travis Riddick certainly did his growth. family, his State, and his country I commend the Daily Racing Form ∑ Mr. SANDERS. Mr. President, I ask proud. He was awarded six Air Medals, and the NTRA for choosing Las Vegas, to have printed in the RECORD these es- the Navy and Marine Corps Commenda- NV to host this prestigious tournament says written by Vermont High School tion Medal, four Navy and Marine and wish them a successful event this students as part of the second annual Corps Achievement Medals, seven Ma- weekend. I look forward to building ‘‘What is the State of the Union?’’ rine Corps Good Conduct Medals, two upon this success and encourage more essay contest conducted by my office. National Defense Service Medals, the events to visit my State. As a United The following essays were selected as Southwest Asia Service Medal, the Af- States Senator from Nevada, I will con- ‘‘Runners Up.’’ ghanistan Campaign Medal, the Iraq tinue do all that I can to make sure The Statements follow. Campaign Medal, the Global War on that organizations such as these have MONICA ALLARD, MILTON HIGH SCHOOL Terrorism Expeditionary Medal, the the opportunity to enjoy all that my (RUNNER UP) Global War on Terrorism Service great State has to offer.∑ [January 23, 2012] The American Dream is adaptable. The Medal, the Armed Forces Service f Medal, the Humanitarian Service ideals that we have long valued are admi- ST. CROIX RIVER BRIDGE rable, but often contradicting or impossible Medal, the NATO Medal, the NATO PROJECT to achieve with a large population. In to- ISAF Medal, and the Kuwait Libera- ∑ Ms. KLOBUCHAR. Mr. President, I day’s economy, that translates to the right tion Medal. to a free market economy, conflicting with My prayers are with his mother, Bar- rise today to recognize the remarkable the practical need for government inter- bara, his father, John, and his wife, commitment of a key group of Senate ference; the right to succeed for oneself, bat- Jennifer, as well as his children and all staffers, who worked tirelessly over the tling with the need to work together for to- his family and friends. His father re- last several months to ensure the pas- day’s and future generations. As long as our ports that Travis loved his job and his sage of a critical bill for advancing the country is able to prosper without certain mother said that he was the best ma- bipartisan St. Croix River Bridge regulations, I encourage it to run free, but when the winter comes and there is no more rine ever. Our Nation is tremendously Project. By replacing the outdated, 80- year-old Stillwater Lift Bridge with a grazing, the horse must accept the fence that fortunate to have individuals like accompanies the grain. It is imperative that Travis Riddick who have the drive to bridge that adequately meets the needs Americans collectively work to solve prob- step forward and serve their country of local businesses and families, this lems with social security, our economy, and with enthusiasm and honor. To selfless bill will promote public safety and eco- our political system in these troubled times. heroes like Travis Riddick, we owe nomic development in communities ‘‘Maybe if we ignore it, it will go away’’ nothing short of our liberty. Unlike at throughout the St. Croix River Valley. has been the standard approach to growing Passing the bill was truly a team ef- concerns about social security in the last few the birth of our country, when every years. Because of increasing life expectancy, person who aligned with the cause of fort, requiring all hands on deck from lawmakers at the State, local and Fed- more people are retiring than the system can freedom was putting themselves at support. When the newest generation retires, great risk, those who enjoy our way of eral level. We could not have done it there won’t be enough funds for everyone, life today rely on a select group of pa- without the leadership of my co-spon- unless something changes soon. A fixed rate triotic Americans to preserve every- sors in the Senate—AL FRANKEN, RON retirement check is the logical solution, if thing we hold so dear. We can never JOHNSON and HERB KOHL—or our col- we deduct money from the fixed rate check repay the debt we owe, but we are leagues in the House from both Min- based on income. Working citizens would pay nesota and Wisconsin. But most impor- fewer taxes because only the people who need obliged to honor and remember them social security will be receiving it, and ev- for their sacrifice in the name of lib- tantly, we could not have reached this important milestone without the tal- eryone else would have more money to put erty.∑ aside for their own retirement plans. ent and tenacity of the hard working f The predominant issue of the 21st century people ‘‘behind the scenes.’’ has been the international recession. Unem- RECOGNIZING THE NATIONAL This includes the staff of the Envi- ployment rates are high, but what many HANDICAPPING CHAMPIONSHIP ronment and Public Works and Senate young Americans don’t realize is the short- ∑ Mr. HELLER. Mr. President, today I Energy and Natural Resources Com- age in technical workers. There is a national wish to bring awareness to an event mittees as well as the U.S. Depart- trend towards traditional four-year univer- being hosted in my State this weekend. ments of Transportation and Interior, sities, but technical careers are the road to who worked closely with my office. take if you are searching for job stability, The National Handicapping Champion- demand, potential for advancement, and self- ship, NHC, will take place on January And it includes all of the hard-working employment or a local employer in today’s 27 and 28 at Treasure Island Las Vegas. members of my staff who logged count- economy. Through ad campaigns and offer- Tourism and gaming are the backbone less long hours to ensure we had a bill ing incentives to students enrolling in tech- of Nevada’s economy. It’s a legacy that that was strong, effective and bipar- nical universities. This is a simple way to we must continue to nurture and I wel- tisan. Their hard work made all the lower the unemployment rate, while pro- come events like the NHC to my state. difference. moting local businesses. Las Vegas is a world-class destina- I am especially grateful to my Dep- Another important step in rejuvenating our economy is passing legislation that gives tion unmatched by any other, and I uty-Legislative Director Travis the national government more control over have and will continue working to sup- Talvitie, who played an indispensible the stock market. Occupy movements have port policies that will keep Nevada’s role every step of the way. Travis came swept the country and it is time for Congress gaming industry growing and pros- into this process with a deep under- to respond, instead of hiring and appointing perous. Travel and tourism are a major standing of infrastructure policy, the same executives who were largely re- part of my State’s economy, attracting which he immediately put to work on sponsible for our economy’s collapse. millions of visitors every year because this bill. When he wasn’t meeting with In order to move forward, we need to community leaders from Stillwater present a united front. Republicans and of the variety of attractions and enter- Democrats are rending our country in two tainment options available. and the St. Croix River Valley, he was because of partisan pressure. We need radical Considered the most anticipated coordinating with Federal agencies, change in the political system: remove all tournament in the world for and has become an expert on the im- party authority. Primaries and power dis- horseplayers, the NHC marks the con- portant Wild and Scenic Rivers Act. tribution in Congress put too much emphasis

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with S124 CONGRESSIONAL RECORD — SENATE January 26, 2012 on parties, cause corruption, and detract sources from involvement in foreign con- and national projects, we create jobs and from the primary duty of Senators and Rep- flicts, too few new jobs, environmental deg- take large steps forward towards a low car- resentatives to their states and country. radation, uncertainty about how to pay for bon future. As our soldiers rejoin their families at health care, and a damaged international The necessary changes in the environment home we are forced to turn our focus inward. reputation because of our handling of sus- intertwines with our second key front: edu- Reform is necessary. It is not a question of pected terrorists. While we face many dif- cation. We need to fund and broaden oppor- when nor is it a question of how. Rather, the ficulties, we can find strength as one union tunities ranging from the elementary to uni- question is whether or not we are willing to and pursue solutions as a nation. versity level. More programs with emphasis do what is necessary to save our great coun- The United States must continue to lead on environmental service, protection and ty. God bless America. by example. We should teach the world how restoration would prepare the men and to prevent the degradation of our environ- women of America to attack real world prob- KAYLEIGH EHLER-VOCK, SOUTH BURLINGTON ment. We as a country can promote renew- lems. If the budget for education were to in- HIGH SCHOOL (RUNNER UP) able energy resources. This would create a crease, there would be more monetary provi- [January 23, 2012] larger, newer market which in turn would sions for grants, payment for teachers and During a time of severe recession, a gov- provide many new jobs. We have the power new programs. Projects and research, such as ernment facing incredible debt, and a col- to directly change the future. We must lead investigating alternative fuel resources, and lapsing financial system, our future looks the fight to preserve our planet. technological innovations, would not only dark. As a student that has been in the sys- It is unfortunate that while our country benefit our environmental front, but would tem for 13 years, and will continue to higher faces many domestic issues we have been prepare our nation’s future for the larger education, I have seen the benefits and com- deeply involved in conflicts overseas. How- arena they must compete in. Let us not wait plications of the current situation with edu- ever, our involvement in Iraq has led to a for another Sputnik crisis to advance in edu- cation. Next year, I will be attending college more stabilized and democratic country. As cation and the sciences. We need simply to and the cost of tuition is daunting. The high we pull out, we leave with a success. offer accessible opportunities for higher cost deters kids from attending college. Currently our judicial branch is deciding learning for the variety of people that seek However, in our world today, a high school whether or not the recently passed health it. diploma no longer ensures a hopeful career. care bill violates individual and states’ The environmental and educational fronts Republicans and democrats alike acknowl- rights. All Americans deserve affordable cannot begin to expand or flourish, without edge the need to invest in the skill and fu- health care. To be successful our citizens a sturdy and secure economic front. We must ture of the youth. must be able to live without the fear of being also adapt our freestanding market: the debt Those who choose to continue their edu- unable to provide themselves or their chil- continues to rise, and the need to invest the cation to better themselves and America dren healthcare. It may be wrong to require American people in their nation increases as should not be punished by entering the real all people to buy insurance, but a solution well. We must restore the people’s faith in world chained down by debt; no one should must be found by our esteemed members of the government. Our middle class will be at the bottom because they choose to go Congress in which all seeking citizens will strengthen. Unfortunately, this has to be to college. According to Helen Krispien of find affordable health care. achieved through austerity: budgets must be The Hopkinton Crier, the cost of private col- The indefinite incarceration of our citizens redistributed to focus on our priorities, such lege is approximately 57% of yearly income, suspected of terrorist involvement is a wrong as our three fronts. While the free market and therefore having two children in college that must be corrected. The National De- begs for stimulus, we must not wane and is 114% of yearly income. The cost of tuition fense Authorization Act is a direct violation give in, but offer a firm guiding hand to de- is expected to increase by 5% per year, leav- of habeas corpus and must be dealt with. I crease the national debt. This must begin by ing those in 15 years with tuition of $103,946. urge the Supreme Court to do so imme- focusing our resources on environmental Reform is needed. Colleges and universities diately. changes, which would be brought forth must be required to cut their own costs. The greatest solution to our problems is to through advances in educational programs. They know their budget better than anyone, make our education system the greatest in By becoming less dependent on foreign re- and like our nation, they need to find a way the world and prepare our youth for the com- sources, we not only further invest in our na- to balance competition with lowering sky- petitive future. Educating our children will tion and economy, but provide jobs for hard- rocketing costs. This will allow for less bor- prepare our younger generations to solve working Americans. rowed education, and less government inter- new problems that will undoubtedly arise in If the United States is to remain a strong vention. Furthermore, revamp colleges in the future. Currently, our children’s test domestic and international power, we must hometowns allowing affordable options for scores fall below other rising nations’ scores. adapt to our current situation and prepare the working class. As a nation, we need to With our resources these results are unac- for the upcoming year. We must make sig- eliminate the interest that banks charge on ceptable. It is time to ensure that all our nificant changes in order to progress. These student loans. Instead, temporary tax breaks citizens, particularly those below the pov- changes on our three fronts—environment, should be given to those who have children erty line, can attend college. Many of the economy and education—will be difficult, that have attended college for four years. students with low test scores live in poor en- but they are changes that will only benefit This will allow for quicker repayment of vironments with few opportunities. The suc- us; these are changes we can believe in.∑ loans, and will insure a successful future for cess of our country must be made by build- f both the youth and our nation. The govern- ing upon our society from the bottom up. It ment shouldn’t be funding the system the is time to raise our education standards and TRIBUTE TO HAVEN J. BARLOW way they do now; funding should be used on inspire change among those of us most down ∑ Mr. LEE. Mr. President, today I wish reform. trodden. Thank you and God bless the United States to recognize and congratulate former Aspiring students see college as an invest- Utah State Senate President Haven J. ment into the future; friendships, suitable of America. partners, and a confidence in them. In four Barlow on his recent 90th birthday. He years, I don’t want to enter into a world of KAROLINA SOWULEWSKA, BURR AND BURTON is a true patriot who spent much of his hurt. I want to be a proud American, able to ACADEMY (RUNNER UP) life serving his State and his country, look back and see what this great nation can [January 23, 2012] and I thank him for that service. do to recover from the struggle we are fac- MY FELLOW AMERICANS: Our world is rap- Haven was born January 4, 1922 in ing. I want my parents to be able to retire; idly evolving, and we must adapt to it, or be Clearfield, UT to Jesse B. and Issadora they have worked hard to raise me and my left behind. As a sovereign power, we must Beck Barlow. His mother Issadora was siblings, they deserve what they were prom- lead through example. While progress has killed in a tragic car/train accident ised. I am proud our government is willing to been made in three domestic key fronts, listen, and if we work together as one na- when he was just 9 months old, causing America must advance environmentally, him to learn his share of responsibility tion, America can be triumphant and re-es- economically and educationally. tablish the high caliber and positive regard We must take the first step in saving the at an early age. we have for much of history. environment, or it will not sustain us and After graduating from Davis High our ever expanding nation. America must School, Haven earned a degree in busi- KATE RASZKA, CHAMPLAIN VALLEY UNION take initiative; by reducing our dependency ness administration at Utah State Ag- HIGH SCHOOL (RUNNER UP) on foreign oil, to improve relations abroad, ricultural College, now Utah State Uni- [January 23, 2012] and purses for Americans at home. This is versity. He joined the U.S. Navy and MY FELLOW AMERICANS: The current state also an opportunity to create jobs for Ameri- attended officer candidate school at of our nation is one of anticipation; anticipa- cans, through national programs that would Harvard University. He served as a tion for the future and what changes will emphasize a greener economy, such as low- occur in the government regarding both for- ering the cost of public transportation, cut- naval supply and disbursement officer eign and domestic affairs. ting gasoline and foreign fuel spending, and in the Pacific and the Atlantic in Our country faces many difficulties: a creating energy efficient plans for buildings World War II, receiving the Philippine struggling economy, the draining of re- and residential areas. By funding regional Liberation Medal.

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with January 26, 2012 CONGRESSIONAL RECORD — SENATE S125 Haven and his wife Bonnie Rae Elli- RECOGNIZING CYR BUS LINES tral Maine Conference and School Bus son Barlow were married for 58 years ∑ Ms. SNOWE. Mr. President, during Rodeo. before Bonnie Rae passed away at age the past 100 years our country has seen A century later, Cyr Bus Lines con- 79. Haven and Bonnie Rae returned to remarkable changes. From horse tinues to maintain a position of excel- Davis County after World War II, where drawn-carriages to cars and airplanes, lence in the community. This small they reared their six children in and handwritten letters to text mes- business’ tireless and successful efforts Layton. saging, our world has undergone a vast to persevere and prosper in a changing In 1949, Haven started the Barlow Re- transformation. Few small businesses environment represent a truly monu- alty and Insurance Company, and he have had the tenacity to adapt to these mental achievement. I am proud to ex- still checks in daily at the very suc- changes and continue to prosper, but tend my congratulations to the Cyr cessful real estate development office. those who have, deserve our sincerest family and everyone at Cyr Bus Lines In 1952, Haven was elected to the praise. With this in mind, today I rise on their 100th anniversary. I offer my to recognize Cyr Bus Lines, located in best wishes for their continued suc- Utah State Legislature, where he ∑ served consecutively for 42 years from Old Town, ME, which this year cele- cess. 1953 to 1994, longer than any other leg- brates its 100th anniversary. f islator in Utah history. He served as When John T. Cyr founded this small CENTENNIAL ANNIVERSARY OF President of the Utah State Senate for transportation firm in 1912, it utilized THE MAINE ASSOCIATION OF AG- 6 years. horses and carriages for transporting RICULTURAL FAIRS everything from timber to passengers. While serving as a senator and rep- ∑ Ms. SNOWE. Mr. President, I rise And now, the Cyr name is highly re- resentative for 42 years in the Utah today to honor the Maine Association garded throughout Maine for its elite State Legislature, Haven introduced of Agricultural Fairs and to congratu- bus transportation. As the needs of and sponsored a number of pieces of late this venerable organization on 100 Maine changed, so did the company, legislation that formulated the land- years of championing the agricultural shifting from local trucking to expand scape in northern Utah. In the field of fair industry and the agricultural com- into school buses and motor coaches to education, one of Haven’s passions, he munity of Maine. best suit the wishes of its customers. supported the establishment of then- As the Maine Association of Agricul- The result of Cyr’s successful adapta- Weber State College as a 4-year school, tural Fairs celebrates its centennial tion has been a flourishing enterprise. Weber State’s transition from college anniversary, I would like to take this Today, Cyr buses are a familiar sight to university, and the securing of fund- opportunity to recognize the remark- to numerous school children and par- ing for the Weber State Davis Campus. able progress and strides made by this ents, serving 17 different school dis- Today, Weber State boasts over 24,000 historic organization in this century tricts across Maine. Additionally, the students. Haven also supported the bill and the last. Founded in 1912, the Asso- company offers over 120 guided coach that turned Utah State Agricultural ciation served as a vital catalyst in tours, allowing customers a relaxing College into Utah State University. uniting the agricultural fairs across and informative trip to several destina- Maine and promoting a shared spirit of Haven backed legislation that cre- tions. In 2012, these guided tours in- fellowship and cooperation. ated the Davis Applied Technology clude routes to popular destinations Center, which is now the Davis Applied What was once a welcomed vehicle throughout New England as well as for local farmers to exchange and Technology College. The vocational more distant favorites such as Quebec school trains students in a variety of showcase their cattle and goods has and New Orleans. This year, one could over many decades evolved into 26 offi- technologies and skills that can be di- even book a tour aboard a luxurious rectly applied to the workplace. Addi- cially licensed agricultural fairs. Dur- Cyr bus to visit Washington D.C. dur- ing Maine’s fair season, which starts in tionally, Haven supported the Ogden- ing the magnificent cherry blossom Weber Applied Technology Center, also July and ends in early October, fami- season. lies can look forward to any number of now a college, which offers similar Cyr Bus Lines represents a true fam- services to its students. events that have achieved iconic sta- ily-owned small business, which has tus, including harness racing, edu- In 1981, Haven was a proponent of the been handed down throughout genera- Hill Aerospace Museum, which was cational museums, the world’s largest tions and is now owned and operated by steer and oxen show, as well as a world- founded that year and is now home to the founder’s grandson, Joe Cyr. Joe over 90 aircraft. The museum hosted its class Woodsmen’s Day competition—all took over operations in 1967 from his of which speak to Maine’s legendary millionth visitor in 1996, and now has father, Harvey, and has continually nearly 200,000 visitors annually. work ethic and can-do spirit. strived to improve the company. As the Every one of Maine’s storied agricul- Even given his many accomplish- years have progressed, the fourth gen- tural fairs has its own persona, tradi- ments, there is perhaps nothing more eration of the Cyr family has become tion, and imprint on the landscape of admirable about Haven than his sup- involved with Joe’s son Mike running our State and the unerring character of port for charity. He sponsored legisla- the coach department and Joe’s daugh- our people. In fact, just last year I had tion that created the Utah Botanical ter Becky acting as bookkeeper. the privilege of attending two agricul- Center, home of a ‘‘giving garden’’ In light of this firm’s long-term suc- tural fairs—the Skowhegan Fair which which donates all produce to local food cess, it should come as no surprise that began in 1818 and, according to the As- banks. He has also donated money and this small business has received several sociation, lays claim to being the old- countless hours to the United Way of honors recognizing their commitment est continuous-running fair in the Salt Lake, and has been known to tell to safety and quality. Most recently in United States, and the Fryeburg Fair skeptical donors that if they wound up 2011, Cyr Bus Lines was awarded the which is considered Maine’s largest ag- unhappy about their donations, he International Motor Coach Group, ricultural fair, attracting more than would pay them back personally. IMG, award for Motor Coach Safety. 300,000 people annually. United Way of Salt Lake Regional Di- Further, at the 2011 annual meeting of In this second decade of the 21st cen- rector Jim Young has said of Haven, the Maine Chamber Group Trust, the tury, the integral role that the Maine ‘‘[His] irrepressibly positive attitude local provider for workers’ compensa- Association of Agricultural Fairs and makes him a joy to be around. He has tion insurance, Cyr Bus Lines received that agriculture itself continue to play what a colleague of mine calls ‘yes, in honors for both ‘‘Most Improved Safety in the lives of Mainers could not be his heart.’ Haven’s heart for those Program’’ and for ‘‘No Indemnity more paramount or indispensable. As around him challenges us to become Claims in 2010.’’ Additionally on April many of my colleagues in the Senate more involved in our community and 21, 2011, two of Cyr’s employees re- can attest, and as thousands of Mainers make a difference.’’ ceived first place trophies, in the cat- undeniably understand firsthand, the The world is a better place because of egories of transit school bus and con- agricultural industry is one of the bed- Haven Barlow. He is an example for all ventional school bus, for their excep- rock foundations of our State and Na- Americans to follow, and I wish him a tional driving skills at the Maine Asso- tion—central both to consumption and very happy 90th birthday.∑ ciation for Pupil Transportation Cen- commerce.

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with S126 CONGRESSIONAL RECORD — SENATE January 26, 2012 In fact, it was the Father of our smuggling provisions under that Act, and for vania; Clean Vehicle Program’’ (FRL No. country, President George Washington, other purposes. 9620–2) received during adjournment of the also an avid agriculturist, who consid- The message further announced that Senate in the Office of the President of the ered the improvement of agriculture as pursuant to section 1238(b)(3) of the Senate on January 17, 2012; to the Com- mittee on Environment and Public Works. one of the greatest pursuits ‘‘in which Floyd D. Spence National Defense Au- EC–4541. A communication from the Direc- more real and important services can thorization Act for Fiscal Year 2001 (22 tor of the Regulatory Management Division, be rendered to any country.’’ I could U.S.C. 7002), as amended, and the order Environmental Protection Agency, transmit- not agree more!! of the House of January 5, 2011, the ting, pursuant to law, the report of a rule en- What was true at the founding of our Speaker appoints the following mem- titled ‘‘Great Lakes Steamship Repower In- great Nation remains ever-true today ber on the part of the House of Rep- centive Program’’ (FRL No. 9618–9) received because of the example set by all in my resentatives to the United States- during adjournment of the Senate in the Of- fice of the President of the Senate on Janu- State who are tied irrevocably to work- China Economic and Security Review ary 17, 2012; to the Committee on Environ- ing the land, and by the exceptional Commission for a term to expire De- ment and Public Works. leadership of the Maine Association of cember 31, 2013: Mr. Daniel M. Slane of EC–4542. A communication from the Direc- Agricultural Fairs, Board Members, Ohio. tor of Congressional Affairs, Nuclear Regu- latory Commission, transmitting, pursuant and volunteers. We could not be more f appreciative to them for the well- to law, the report of a rule entitled ‘‘NRC earned spotlight they shine on the infi- MEASURES REFERRED Participation in the Development and Use of Consensus Standards’’ (NRC Management Di- nite contributions made by Maine The following bills were read the first rective 6.5) received during adjournment of farmers and organized fairs, which and the second times by unanimous the Senate in the Office of the President of have become a staple on the yearly cal- consent, and referred as indicated: the Senate on January 13, 2012; to the Com- endar for our State and indeed across H.R. 290. An act to amend title 36, United mittee on Environment and Public Works. New England. To experience one of States Code, to ensure that memorials com- EC–4543. A communication from the Pro- these wonderful fairs is to witness the memorating the service of the United States gram Manager, Centers for Medicare and very best of who we are as Mainers and Armed Forces may contain religious sym- Medicaid Services, Department of Health to experience the limitless pride our bols, and for other purposes; to the Com- and Human Services, transmitting, pursuant mittee on Veterans’ Affairs. to law, the report of a rule entitled ‘‘Medi- farmers take in cultivating the bounty care Program; Medicare Advantage and Pre- ∑ H.R. 1022. An act to authorize the Sec- our great State has to offer. retary of the Interior to conduct a study of scription Drug Benefit Programs: Negotiated f alternatives for commemorating and inter- Pricing and Remaining Revisions; Prescrip- preting the role of the Buffalo Soldiers in the tion Drug Benefit Program: Payments to MESSAGE FROM THE HOUSE early years of the National Parks, and for Sponsors of Retiree Prescription Drug RECEIVED DURING ADJOURNMENT other purposes; to the Committee on Energy Plans’’ (RIN0938-AP64) received during ad- and Natural Resources. journment of the Senate in the Office of the ENROLLED BILL SIGNED H.R. 2070. An act to direct the Secretary of President of the Senate on January 12, 2012; Under the authority of the order of the Interior to install in the area of the to the Committee on Finance. the Senate of January 5, 2011, the fol- World War II Memorial in the District of Co- EC–4544. A communication from the Direc- lowing enrolled bill, previously signed lumbia a suitable plaque or an inscription tor, Office of Regulations, Social Security by the Speaker of the House, was with the words that President Franklin D. Administration, transmitting, pursuant to signed on January 25, 2012, during the Roosevelt prayed with the nation on June 6, law, the report of a rule entitled ‘‘Amend- ments to Regulations Regarding Eligibility adjournment of the Senate, by the 1944, the morning of D-Day; to the Com- mittee on Energy and Natural Resources. for a Medicare Prescription Drug Subsidy’’ President pro tempore (Mr. INOUYE). (RIN0960-AH24) received during adjournment H.R. 3237. An act to amend the SOAR Act f of the Senate in the Office of the President by clarifying the scope of coverage of the EXECUTIVE AND OTHER of the Senate on January 13, 2012; to the Act. Committee on Finance. COMMUNICATIONS EC–4545. A communication from the Direc- f The following communications were tor, Office of Regulations, Social Security MESSAGE FROM THE HOUSE laid before the Senate, together with Administration, transmitting, pursuant to accompanying papers, reports, and doc- law, the report of a rule entitled ‘‘Mailing of At 9:33 a.m., a message from the uments, and were referred as indicated: Tickets Under the Ticket to Work Program’’ House of Representatives, delivered by (RIN0960-AH34) received during adjournment Mr. Novotny, one of its reading clerks, EC–4538. A communication from the Direc- of the Senate in the Office of the President announced that the House has passed tor of the Regulatory Management Division, of the Senate on January 11, 2012; to the Environmental Protection Agency, transmit- Committee on Finance. the following bills, in which it requests ting, pursuant to law, the report of a rule en- the concurrence of the Senate: EC–4546. A communication from the Chief titled ‘‘Approval and Promulgation of Air of the Publications and Regulations Branch, H.R. 290. An act to amend title 36, United Quality Implementation Plans; Missouri; Internal Revenue Service, Department of the States Code, to ensure that memorials com- Reasonably Available Control Technology Treasury, transmitting, pursuant to law, the memorating the service of the United States (RACT) for the 8-Hour Ozone National Ambi- report of a rule entitled ‘‘Permitted Dis- Armed Forces may contain religious sym- ent Air Quality Standard (NAAQS)’’ (FRL parity in Employer-provided Contributions bols, and for other purposes. No. 9621–1) received during adjournment of or Benefits’’ (Rev. Rul. 2012–5) received dur- H.R. 1022. An act to authorize the Sec- the Senate in the Office of the President of ing adjournment of the Senate in the Office retary of the Interior to conduct a study of the Senate on January 17, 2012; to the Com- of the President of the Senate on January 19, alternatives for commemorating and inter- mittee on Environment and Public Works. 2012; to the Committee on Finance. preting the role of the Buffalo Soldiers in the EC–4539. A communication from the Direc- EC–4547. A communication from the Chief early years of the National Parks, and for tor of the Regulatory Management Division, of the Publications and Regulations Branch, other purposes. Environmental Protection Agency, transmit- Internal Revenue Service, Department of the H.R. 2070. An act to direct the Secretary of ting, pursuant to law, the report of a rule en- Treasury, transmitting, pursuant to law, the the Interior to install in the area of the titled ‘‘Approval and Promulgation of Air report of a rule entitled ‘‘Repub. of Rev. World War II Memorial in the District of Co- Quality Implementation Plans; Delaware, Proc. 2011–6’’ (Rev. Proc. 2012–6) received dur- lumbia a suitable plaque or an inscription New Jersey, and Pennsylvania; Determina- ing adjournment of the Senate in the Office with the words that President Franklin D. tions of Attainment of the 1997 Annual Fine of the President of the Senate on January 19, Roosevelt prayed with the Nation on June 6, Particulate Standard for the Philadelphia- 2012; to the Committee on Finance. 1944, the morning of D-Day. Wilmington Nonattainment Area’’ (FRL No. EC–4548. A communication from the Chief H.R. 3800. An act to amend the Internal 9620–3) received during adjournment of the of the Publications and Regulations Branch, Revenue Code of 1986 to extend the funding Senate in the Office of the President of the Internal Revenue Service, Department of the and expenditure authority of the Airport and Senate on January 17, 2012; to the Com- Treasury, transmitting, pursuant to law, the Airway Trust Fund, to amend title 49, United mittee on Environment and Public Works. report of a rule entitled ‘‘Repub. of Rev. States Code, to extend authorizations for the EC–4540. A communication from the Direc- Proc. 2011–4’’ (Rev. Proc. 2012–4) received dur- airport improvement program, and for other tor of the Regulatory Management Division, ing adjournment of the Senate in the Office purposes. Environmental Protection Agency, transmit- of the President of the Senate on January 19, H.R. 3801. An act to amend the Tariff Act ting, pursuant to law, the report of a rule en- 2012; to the Committee on Finance. of 1930 to clarify the definition of aircraft titled ‘‘Approval and Promulgation of Air EC–4549. A communication from the Chief and the offenses penalized under the aviation Quality Implementation Plans; Pennsyl- of the Publications and Regulations Branch,

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with January 26, 2012 CONGRESSIONAL RECORD — SENATE S127 Internal Revenue Service, Department of the EC–4558. A communication from the Chief of the President of the Senate on January 5, Treasury, transmitting, pursuant to law, the of the Publications and Regulations Branch, 2012; to the Committee on Agriculture, Nu- report of a rule entitled ‘‘Allocation and Ap- Internal Revenue Service, Department of the trition, and Forestry. portionment of Interest Expense’’ ((RIN1545- Treasury, transmitting, pursuant to law, the EC–4568. A communication from the Con- BJ84) (TD 9571)) received during adjournment report of a rule entitled ‘‘Current Refunding gressional Review Coordinator, Animal and of the Senate in the Office of the President of Tax-exempt Bonds in Certain Disaster Re- Plant Health Inspection Service, Department of the Senate on January 19, 2012; to the lief Bond Programs’’ (Notice 2012–3) received of Agriculture, transmitting, pursuant to Committee on Finance. during adjournment of the Senate in the Of- law, the report of a rule entitled ‘‘European EC–4550. A communication from the Chief fice of the President of the Senate on Decem- Larch Canker; Expansion of Regulated of the Publications and Regulations Branch, ber 30, 2011; to the Committee on Finance. Areas’’ (Docket No. APHIS–2011–0029) re- Internal Revenue Service, Department of the EC–4559. A communication from the Chief ceived during adjournment of the Senate in Treasury, transmitting, pursuant to law, the of the Publications and Regulations Branch, the Office of the President of the Senate on report of a rule entitled ‘‘Repub. Rev. Proc. Internal Revenue Service, Department of the January 4, 2012; to the Committee on Agri- 2011–5’’ (Rev. Proc. 2012–5) received during Treasury, transmitting, pursuant to law, the culture, Nutrition, and Forestry. adjournment of the Senate in the Office of report of a rule entitled ‘‘Guidance Regard- EC–4569. A communication from the Acting the President of the Senate on January 19, ing Deduction and Capitalization of Expendi- Administrator, Rural Business-Cooperative 2012; to the Committee on Finance. tures Related to Tangible Property’’ (TD Service, Department of Agriculture, trans- EC–4551. A communication from the Chief 9564) received during adjournment of the mitting, pursuant to law, the report of a rule of the Publications and Regulations Branch, Senate in the Office of the President of the entitled ‘‘Business and Industry Guaranteed Internal Revenue Service, Department of the Senate on December 30, 2011; to the Com- Loan Program’’ (RIN0575–AA87) received dur- Treasury, transmitting, pursuant to law, the mittee on Finance. ing adjournment of the Senate in the Office report of a rule entitled ‘‘Update of Weighted EC–4560. A communication from the Sec- of the President of the Senate on January 5, Average Interest Rates, Yield Curves, and retary of Health and Human Services, trans- 2012; to the Committee on Agriculture, Nu- Segment Rates’’ (Notice 2012–10) received mitting, pursuant to law, an annual report trition, and Forestry. during adjournment of the Senate in the Of- relative to the activities of the Office of the EC–4570. A communication from the Direc- fice of the President of the Senate on Janu- Medicare Ombudsman; to the Committee on tor of the Regulatory Management Division, ary 19, 2012; to the Committee on Finance. Finance. Environmental Protection Agency, transmit- EC–4552. A communication from the Chief EC–4561. A communication from the Sec- ting, pursuant to law, the report of a rule en- of the Publications and Regulations Branch, retary of Health and Human Services, trans- titled ‘‘Bacillus amyloliquefaciens Strain Internal Revenue Service, Department of the mitting, pursuant to law, a report entitled D747; Exemption from the Requirement of a Treasury, transmitting, pursuant to law, the ‘‘Post Acute Care Payment Reform Dem- Tolerance; Technical Correction’’ (FRL No. report of a rule entitled ‘‘Repub. Rev. Proc. onstration (PAC–PRD)’’; to the Committee 9334–3) received during adjournment of the 2011–8’’ (Rev. Proc. 2012–8) received during on Finance. Senate in the Office of the President of the adjournment of the Senate in the Office of EC–4562. A communication from the Sec- Senate on January 17, 2012; to the Com- the President of the Senate on January 19, retary of Health and Human Services, trans- mittee on Agriculture, Nutrition, and For- 2012; to the Committee on Finance. mitting, pursuant to law, a report entitled estry. EC–4553. A communication from the Chief ‘‘The Children’s Health Insurance Program: EC–4571. A communication from the Direc- of the Publications and Regulations Branch, An Evaluation (1997–2010)’’; to the Com- tor of the Regulatory Management Division, Internal Revenue Service, Department of the mittee on Finance. Environmental Protection Agency, transmit- Treasury, transmitting, pursuant to law, the EC–4563. A communication from the Direc- ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Interim Guidance tor of the Regulatory Management Division, titled ‘‘Bacillus amyloliquefaciens Strain on Informational Reporting to Employees of Environmental Protection Agency, transmit- D747; Exemption from the Requirement of a the Cost of Their Group Health Insurance ting, pursuant to law, the report of a rule en- Tolerance’’ (FRL No. 9330–4) received during Coverage’’ (Notice 2012–9) received during ad- titled ‘‘Conduit Financing Arrangements’’ adjournment of the Senate in the Office of journment of the Senate in the Office of the ((RIN1545–BH77) (TD 9562)) received during the President of the Senate on January 4, President of the Senate on January 19, 2012; adjournment of the Senate in the Office of 2012; to the Committee on Agriculture, Nu- to the Committee on Finance. EC–4554. A communication from the Chief the President of the Senate on January 6, trition, and Forestry. EC–4572. A communication from the Direc- of the Publications and Regulations Branch, 2012; to the Committee on Finance. EC–4564. A communication from the Sec- Internal Revenue Service, Department of the tor of the Regulatory Management Division, retary of Health and Human Services, trans- Treasury, transmitting, pursuant to law, the Environmental Protection Agency, transmit- mitting, pursuant to law, a report entitled report of a rule entitled ‘‘Dividend Equiva- ting, pursuant to law, the report of a rule en- lents from Sources within the United ‘‘Child Welfare Outcomes 2006–2009 Report to titled ‘‘Bacillus Subtilis strain CX-9060; Ex- States’’ ((RIN1545–BK53) (TD 9572)) received Congress’’; to the Committee on Finance. emption from the Requirement of a Toler- EC–4565. A communication from the Con- during adjournment of the Senate in the Of- ance’’ (FRL No. 9330–9) received during ad- gressional Review Coordinator, Animal and fice of the President of the Senate on Janu- journment of the Senate in the Office of the Plant Health Inspection Service, Department ary 19, 2012; to the Committee on Finance. President of the Senate on January 11, 2012; EC–4555. A communication from the Chief of Agriculture, transmitting, pursuant to to the Committee on Agriculture, Nutrition, of the Publications and Regulations Branch, law, the report of a rule entitled ‘‘Lists of and Forestry. Internal Revenue Service, Department of the Regions Classified with Respect to Certain EC–4573. A communication from the Sec- Treasury, transmitting, pursuant to law, the Animal Diseases and States Approved to Re- retary of the Commission, Division of Swap report of a rule entitled ‘‘HARP Safe Harbor ceive Certain Imported Horses’’ ((RIN0579– Dealer and Intermediary Oversight, Com- Guidance for REITs’’ (Rev. Proc. 2012–14) re- AD05) (Docket No. APHIS–2009–0035)) re- modity Futures Trading Commission, trans- ceived during adjournment of the Senate in ceived during adjournment of the Senate in mitting, pursuant to law, the report of a rule the Office of the President of the Senate on the Office of the President of the Senate on entitled ‘‘Registration of Swap Dealers and December 30, 2011; to the Committee on Fi- January 10, 2012; to the Committee on Agri- Major Swap Participants’’ (RIN3038–AC95) re- nance. culture, Nutrition, and Forestry. ceived during adjournment of the Senate in EC–4556. A communication from the Chief EC–4566. A communication from the Sec- the Office of the President of the Senate on of the Publications and Regulations Branch, retary of the Commission, Division of Mar- December 19, 2011; to the Committee on Agri- Internal Revenue Service, Department of the ket Oversight, Commodity Futures Trading culture, Nutrition, and Forestry. Treasury, transmitting, pursuant to law, the Commission, transmitting, pursuant to law, EC–4574. A communication from the Sec- report of a rule entitled ‘‘Proportional Meth- the report of a rule entitled ‘‘Real-Time Pub- retary of the Commission, Division of Mar- od for OID on Pools of Credit Card Receiv- lic Reporting of Swap Transaction Data’’ ket Oversight, Commodity Futures Trading ables’’ (Notice 2012–5) received during ad- (RIN3038–AD08) received during adjournment Commission, transmitting, pursuant to law, journment of the Senate in the Office of the of the Senate in the Office of the President the report of a rule entitled ‘‘Swap Data Rec- President of the Senate on December 30, 2011; of the Senate on January 9, 2012; to the Com- ordkeeping and Reporting’’ (RIN3038–AD19) to the Committee on Finance. mittee on Agriculture, Nutrition, and For- received during adjournment of the Senate EC–4557. A communication from the Chief estry. in the Office of the President of the Senate of the Publications and Regulations Branch, EC–4567. A communication from the Acting on January 12, 2012; to the Committee on Ag- Internal Revenue Service, Department of the Chief of Planning and Regulatory Affairs, riculture, Nutrition, and Forestry. Treasury, transmitting, pursuant to law, the Food and Nutrition Service, Department of EC–4575. A communication from the Direc- report of a rule entitled ‘‘Deadline to Submit Agriculture, transmitting, pursuant to law, tor of Defense Procurement and Acquisition Opinion and Advisory Letter Applications the report of a rule entitled ‘‘Applying for Policy, Department of Defense, transmit- for Pre-approved Defined Contribution Plans Free and Reduced Price Meals in the Na- ting, pursuant to law, the report of a rule en- is Extended to April 2, 2012’’ (Announcement tional School Lunch Program and School titled ‘‘Defense Federal Acquisition Regula- 2012–3) received during adjournment of the Breakfast Program and for Benefits in the tion Supplement; Pilot Program for Acquisi- Senate in the Office of the President of the Special Milk Program, and Technical tion of Military-Purpose Nondevelopment Senate on December 30, 2011; to the Com- Amendments’’ (RIN0584–AD54) received dur- Items’’ ((RIN0750–AH27) (DFARS Case 2011– mittee on Finance. ing adjournment of the Senate in the Office D034)) received during adjournment of the

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with S128 CONGRESSIONAL RECORD — SENATE January 26, 2012 Senate in the Office of the President of the EC–4586. A communication from the Gen- Financial Protection Bureau, transmitting, Senate on January 11, 2012; to the Com- eral Counsel of the Federal Housing Finance pursuant to law, the report of a rule entitled mittee on Armed Services. Agency, transmitting, pursuant to law, the ‘‘S.A.F.E. Mortgage Licensing Act (Regula- EC–4576. A communication from the Direc- report of a rule entitled ‘‘Federal Home Loan tions G and H)’’ ((RIN3170–AA06) (Docket No. tor of Defense Procurement and Acquisition Bank Housing Goals: Mortgage Reporting CFPB–2011–0023)) received during adjourn- Policy, Department of Defense, transmit- Amendments’’ (RIN2590–AA48) received dur- ment of the Senate in the Office of the Presi- ting, pursuant to law, the report of a rule en- ing adjournment of the Senate in the Office dent of the Senate on December 30, 2011; to titled ‘‘Defense Federal Acquisition Regula- of the President of the Senate on January 6, the Committee on Banking, Housing, and tion Supplement: New Designated Country- 2012; to the Committee on Banking, Housing, Urban Affairs. Armenia’’ ((RIN0750–AH48) (DFARS Case and Urban Affairs. EC–4595. A communication from the Attor- 2011–D057)) received during adjournment of EC–4587. A communication from the Gen- ney, Office of the General Counsel, Consumer the Senate in the Office of the President of eral Counsel of the National Credit Union Financial Protection Bureau, transmitting, the Senate on January 11, 2012; to the Com- Administration, transmitting, pursuant to pursuant to law, the report of a rule entitled mittee on Armed Services. law, the report of a rule entitled ‘‘Remit- ‘‘Fair Debt Collection Practices Act (Regula- EC–4577. A communication from the Direc- tance Transfers’’ (RIN3133–AD94) received tion F)’’ ((RIN3170–AA06) (Docket No. CFPB– tor of Defense Procurement and Acquisition during adjournment of the Senate in the Of- 2011–0022)) received during adjournment of Policy, Department of Defense, transmit- fice of the President of the Senate on Decem- the Senate in the Office of the President of ting, pursuant to law, the report of a rule en- ber 30, 2011; to the Committee on Banking, the Senate on December 30, 2011; to the Com- titled ‘‘Defense Federal Acquisition Regula- Housing, and Urban Affairs. mittee on Banking, Housing, and Urban Af- tion Supplement; Trade Agreements Thresh- EC–4588. A communication from the Attor- fairs. olds’’ ((RIN0750–AH50) (DFARS Case 2012– ney, Office of the General Counsel, Consumer EC–4596. A communication from the Attor- D005)) received during adjournment of the Financial Protection Bureau, transmitting, ney, Office of the General Counsel, Consumer Senate in the Office of the President of the pursuant to law, the report of a rule entitled Financial Protection Bureau, transmitting, Senate on January 11, 2012; to the Com- ‘‘Fair Credit Reporting (Regulation V)’’ pursuant to law, the report of a rule entitled mittee on Armed Services. ((RIN3170–AA06) (Docket No. CFPB–2011– ‘‘Electronic Fund Transfers (Regulation E)’’ EC–4578. A communication from the Direc- 0029)) received during adjournment of the ((RIN3170–AA06) (Docket No. CFPB–2011– tor of Defense Procurement and Acquisition Senate in the Office of the President of the 0021)) received during adjournment of the Policy, Department of Defense, transmit- Senate on December 30, 2011; to the Com- Senate in the Office of the President of the ting, pursuant to law, the report of a rule en- mittee on Banking, Housing, and Urban Af- Senate on December 30, 2011; to the Com- titled ‘‘Defense Federal Acquisition Regula- fairs. mittee on Banking, Housing, and Urban Af- tion Supplement; Independent Research and EC–4589. A communication from the Attor- fairs. Development Technical Descriptions’’ ney, Office of the General Counsel, Consumer EC–4597. A communication from the Attor- ((RIN0750–AG96) (DFARS Case 2011–D011) re- Financial Protection Bureau, transmitting, ney, Office of the General Counsel, Consumer ceived during adjournment of the Senate in pursuant to law, the report of a rule entitled Financial Protection Bureau, transmitting, the Office of the President of the Senate on ‘‘Privacy of Consumer Financial Information pursuant to law, the report of a rule entitled January 20, 2012; to the Committee on Armed (Regulation P)’’ ((RIN3170–AA06) (Docket No. ‘‘Real Estate Settlement Procedures Act Services. CFPB–2011–0028)) received during adjourn- (Regulation X)’’ ((RIN3170–AA06) (Docket No. EC–4579. A communication from the Acting ment of the Senate in the Office of the Presi- CFPB–2011–0030)) received during adjourn- Under Secretary of Defense (Personnel and dent of the Senate on December 30, 2011; to ment of the Senate in the Office of the Presi- Readiness), transmitting the report of an of- the Committee on Banking, Housing, and dent of the Senate on December 30, 2011; to ficer authorized to wear the insignia of the Urban Affairs. grade of brigadier general in accordance with EC–4590. A communication from the Attor- the Committee on Banking, Housing, and title 10, United States Code, section 777; to ney, Office of the General Counsel, Consumer Urban Affairs. EC–4598. A communication from the Chair- the Committee on Armed Services. Financial Protection Bureau, transmitting, man and President of the Export-Import EC–4580. A communication from the Acting pursuant to law, the report of a rule entitled Bank, transmitting, pursuant to law, a re- Under Secretary of Defense (Personnel and ‘‘Mortgage Acts and Practices—Advertising port relative to transactions involving U.S. Readiness), transmitting the report of an of- (Regulation N); Mortgage Assistance Relief exports to Mexico; to the Committee on ficer authorized to wear the insignia of the Services (Regulation O)’’ ((RIN3170–AA06) Banking, Housing, and Urban Affairs. grade of rear admiral (lower half) in accord- (Docket No. CFPB–2011–0027)) received during EC–4599. A communication from the Sec- ance with title 10, United States Code, sec- adjournment of the Senate in the Office of retary of the Treasury, transmitting, pursu- tion 777; to the Committee on Armed Serv- the President of the Senate on December 30, ant to law, a six-month periodic report on ices. 2011; to the Committee on Banking, Housing, the national emergency that was declared in EC–4581. A communication from the Assist- and Urban Affairs. ant Secretary of Defense (Global Strategic EC–4591. A communication from the Attor- Executive Order 12947 with respect to terror- Affairs), transmitting, pursuant to law, a re- ney, Office of the General Counsel, Consumer ists who threaten to disrupt the Middle East port relative to Cooperative Threat Reduc- Financial Protection Bureau, transmitting, peace process; to the Committee on Banking, tion Programs; to the Committee on Armed pursuant to law, the report of a rule entitled Housing, and Urban Affairs. Services. ‘‘Consumer Leasing (Regulation M)’’ EC–4600. A communication from the Sec- EC–4582. A communication from the Assist- ((RIN3170–AA06) (Docket No. CFPB–2011– retary of the Treasury, transmitting, pursu- ant Secretary of Defense (Homeland Defense 0026)) received during adjournment of the ant to law, a six-month report on the na- and Americas’ Security Affairs), transmit- Senate in the Office of the President of the tional emergency that was originally de- ting, pursuant to law, a report relative to as- Senate on December 30, 2011; to the Com- clared in Executive Order 13159 relative to sistance provided by the Department of De- mittee on Banking, Housing, and Urban Af- the risk of nuclear proliferation created by fense (DOD) for sporting events during cal- fairs. the accumulation of weapons-usable fissile endar year 2011; to the Committee on Armed EC–4592. A communication from the Attor- material in the territory of the Russian Fed- Services. ney, Office of the General Counsel, Consumer eration; to the Committee on Banking, Hous- EC–4583. A communication from the Assist- Financial Protection Bureau, transmitting, ing, and Urban Affairs. ant Secretary, Office of Legislative Affairs, pursuant to law, the report of a rule entitled EC–4601. A communication from the Chief Department of State, transmitting, pursuant ‘‘Interstate Land Sales Registration Pro- Counsel, Federal Emergency Management to law, a report relative to Cooperative gram (Regulations J, K, and L)’’ ((RIN3170– Agency, Department of Homeland Security, Threat Reduction Programs; to the Com- AA06) (Docket No. CFPB–2011–0025)) received transmitting, pursuant to law, the report of mittee on Armed Services. during adjournment of the Senate in the Of- a rule entitled ‘‘Changes in Flood Elevation EC–4584. A communication from the Acting fice of the President of the Senate on Decem- Determinations’’ ((44 CFR Part 65) (Docket Assistant Secretary of the Army (Acquisi- ber 30, 2011; to the Committee on Banking, No. FEMA–2011–0002)) received during ad- tion, Logistics and Technology), transmit- Housing, and Urban Affairs. journment of the Senate in the Office of the ting, pursuant to law, an annual report rel- EC–4593. A communication from the Attor- President of the Senate on January 6, 2012; ative to the Department’s Chemical Demili- ney, Office of the General Counsel, Consumer to the Committee on Banking, Housing, and tarization Program; to the Committee on Financial Protection Bureau, transmitting, Urban Affairs. Armed Services. pursuant to law, the report of a rule entitled EC–4602. A communication from the Chief EC–4585. A communication from the Regu- ‘‘Disclosure Requirements for Depository In- Counsel, Federal Emergency Management latory Specialist, Office of the Comptroller stitutions Lacking Federal Deposit Insur- Agency, Department of Homeland Security, of the Currency, Department of the Treas- ance (Regulation I)’’ ((RIN3170–AA06) (Dock- transmitting, pursuant to law, the report of ury, transmitting, pursuant to law, the re- et No. CFPB–2011–0024)) received during ad- a rule entitled ‘‘Final Flood Elevation Deter- port of a rule entitled ‘‘Community Rein- journment of the Senate in the Office of the minations’’ ((44 CFR Part 67) (Docket No. vestment Act Regulations’’ (RIN1557–AD60) President of the Senate on December 30, 2011; FEMA–2011–0002)) received during adjourn- received during adjournment of the Senate to the Committee on Banking, Housing, and ment of the Senate in the Office of the Presi- in the Office of the President of the Senate Urban Affairs. dent of the Senate on January 6, 2012; to the on January 9, 2012; to the Committee on EC–4594. A communication from the Attor- Committee on Banking, Housing, and Urban Banking, Housing, and Urban Affairs. ney, Office of the General Counsel, Consumer Affairs.

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00048 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with January 26, 2012 CONGRESSIONAL RECORD — SENATE S129 EC–4603. A communication from the Chief Department of State, transmitting, pursuant (RIN1880–AA86) received during adjournment Counsel, Federal Emergency Management to the Arms Export Control Act, the certifi- of the Senate in the Office of the President Agency, Department of Homeland Security, cation of a proposed manufacturing license of the Senate on December 30, 2011; to the transmitting, pursuant to law, the report of agreement to include the export of defense Committee on Health, Education, Labor, and a rule entitled ‘‘Suspension of Community articles, including, technical data, and de- Pensions. Eligibility’’ ((44 CFR Part 64) (Docket No. fense services for the manufacture and sales EC–4620. A communication from the Dep- FEMA–2011–0002)) received during adjourn- of F–15 Head-Up Displays (HUD) in the uty Director for Policy, Legislative and Reg- ment of the Senate in the Office of the Presi- amount of $50,000,000 or more; to the Com- ulatory Department, Pension Benefit Guar- dent of the Senate on December 30, 2011; to mittee on Foreign Relations. anty Corporation, transmitting, pursuant to the Committee on Banking, Housing, and EC–4612. A communication from the Assist- law, the report of a rule entitled ‘‘Allocation Urban Affairs. ant Secretary, Bureau of Legislative Affairs, of Assets in Single-Employer Plans; Benefits EC–4604. A communication from the Chief Department of State, transmitting, pursuant Payable in Terminated Single-Employer of the Division of Management Authority to the Arms Export Control Act, the certifi- Plans; Interest Assumptions for Valuing and and International Affairs Programs, Fish cation of a proposed technical assistance Paying Benefits’’ (29 CFR Part 4022 and 4044) and Wildlife Service, Department of the Inte- agreement to include the export of defense received during adjournment of the Senate rior, transmitting, pursuant to law, the re- articles, including, technical data, and de- in the Office of the President of the Senate port of a rule entitled ‘‘Endangered and fense services for upgrade of current Swiss on January 6, 2012; to the Committee on Threatened Wildlife and Plants; Removal of simulator training devices to reflect the Health, Education, Labor, and Pensions. the Regulation that Excludes U.S. Captive- same configuration as Swiss F/A–18 aircraft EC–4621. A communication from the Dep- Bred Scimitar-Horned Oryx, Addax, and to support the F/A–18 Tactical Operational uty Director of Regulations and Policy Man- Dama Gazelle from Certain Prohibitions’’ Flight Trainer Program for Switzerland in agement Staff, Food and Drug Administra- (RIN1018–AX29) received during adjournment the amount of $50,000,000 or more; to the tion, Department of Health and Human Serv- of the Senate in the Office of the President Committee on Foreign Relations. ices, transmitting, pursuant to law, the re- of the Senate on January 9, 2012; to the Com- EC–4613. A communication from the Assist- port of a rule entitled ‘‘Application of Food mittee on Energy and Natural Resources. ant Secretary, Bureau of Legislative Affairs, and Drug Administration Approval to Mar- EC–4605. A communication from the Direc- Department of State, transmitting, pursuant ket a New Drug; Revision of Postmarketing tor, Bureau of Ocean Energy Management, to the Arms Export Control Act, the certifi- Reporting Requirements—Discontinuance’’ Department of the Interior, transmitting, cation of a proposed export of major defense (Docket No. FDA–2011–N–0898) received dur- pursuant to law, a report entitled ‘‘Esti- equipment in the amount of $14,000 or more ing adjournment of the Senate in the Office mates of Natural Gas and Oil Reserves, Re- and the export of defense articles to include of the President of the Senate on January 5, serves Growth, and Undiscovered Resources the export of defense articles, including, 2012; to the Committee on Health, Education, in Federal and State Waters off the Coasts of technical data, and defense services to Indo- Labor, and Pensions. Texas, Louisiana, Mississippi, and Ala- nesia necessary to support the upgrade and EC–4622. A communication from the Dep- bama’’; to the Committee on Energy and retrofit of C–130B aircraft in the amount of uty Director of Regulations and Policy Man- Natural Resources. $50,000,000 or more; to the Committee on For- agement Staff, Food and Drug Administra- EC–4606. A communication from the Chief eign Relations. tion, Department of Health and Human Serv- of the Publications and Regulations Branch, EC–4614. A communication from the Assist- ices, transmitting, pursuant to law, the re- Internal Revenue Service, Department of the ant Secretary of State, Bureau of Legislative port of a rule entitled ‘‘New Animal Drugs; Treasury, transmitting, pursuant to law, the Affairs, transmitting, pursuant to law, a re- Cephalosporin Drugs; Extralabel Animal report of a rule entitled ‘‘Update of CC: INTL port relative to the interdiction of aircraft Drug Use; Order of Prohibition’’ (Docket No. No-Rule Revenue Procedure, Rev. Proc. 2011– engaged in illicit drug trafficking; to the FDA–2008–N–0326) received during adjourn- 7’’ (Rev. Proc. 2012–7) received during ad- Committee on Foreign Relations. ment of the Senate in the Office of the Presi- journment of the Senate in the Office of the EC–4615. A communication from the Assist- dent of the Senate on January 12, 2012; to the President of the Senate on January 6, 2012; ant Secretary, Bureau of Legislative Affairs, Committee on Health, Education, Labor, and to the Committee on Finance. Department of State, transmitting, pursuant EC–4607. A communication from the Pro- Pensions. to law, the semiannual report on the contin- EC–4623. A communication from the Dep- gram Manager, Centers for Medicare and ued compliance of Azerbaijan, Kazakhstan, uty Director of Regulations and Policy Man- Medicaid Services, Department of Health Moldova, the Russian Federation, agement Staff, Food and Drug Administra- and Human Services, transmitting, pursuant tion, Department of Health and Human Serv- to law, the report of a rule entitled ‘‘Admin- Tajikistan, and Uzbekistan with the 1974 ices, transmitting, pursuant to law, the re- istrative Simplification: Adoption of Stand- Trade Act’s freedom of emigration provi- port of a rule entitled ‘‘Revisions to Labeling ards for Health Care Electronic Funds Trans- sions, as required under the Jackson-Vanik Requirements for Blood and Blood Compo- fers (EFTs) and Remittance Advice’’ Amendment; to the Committee on Foreign (RIN0938–AQ11) received during adjournment Relations. nents, Including Source Plasma’’ (Docket EC–4616. A joint communication from the of the Senate in the Office of the President No. FDA–2003–N–0097) received during ad- Acting Assistant Secretary, Legislative Af- of the Senate on January 9, 2012; to the Com- journment of the Senate in the Office of the mittee on Finance. fairs, Department of State and the Assistant President of the Senate on January 12, 2012; EC–4608. A communication from the Com- Secretary, Legislative Affairs, Department to the Committee on Health, Education, missioner of the Social Security Administra- of Defense, transmitting, pursuant to law, a Labor, and Pensions. tion, transmitting, a legislative proposal rel- report entitled ‘‘United States Activities in EC–4624. A communication from the Dep- ative to improving work incentive provisions Libya’’; to the Committee on Foreign Rela- uty Director of Regulations and Policy Man- and extending the funding authority for the tions. agement Staff, Food and Drug Administra- Work Incentive Planning and Assistance EC–4617. A communication of from the Di- tion, Department of Health and Human Serv- (WIPA) program and the Protection and Ad- rector of the Credit, Travel and Grants Pol- ices, transmitting, pursuant to law, the re- vocacy for Beneficiaries of Social Security icy Division, Office of the Secretary, Depart- port of a rule entitled ‘‘Temperature-Indi- (PABSS) program; to the Committee on Fi- ment of Agriculture, transmitting, pursuant cating Devices; Thermally Processed Low- nance. to law, the report of a rule entitled ‘‘Imple- Acid Foods Packaged in Hermetically Sealed EC–4609. A communication from the Acting mentation of Office Management and Budget Containers; Correction’’ (Docket No. FDA– Executive Secretary, U.S. Agency for Inter- Guidance on Drug-Free Workplace Require- 2007–N–0265) received during adjournment of national Development (USAID), a report rel- ments’’ (RIN0505–AA14) received during ad- the Senate in the Office of the President of ative to a vacancy in the position of Assist- journment of the Senate in the Office of the the Senate on January 12, 2012; to the Com- ant Administrator, U.S. Agency for Inter- President of the Senate on January 10, 2012; mittee on Health, Education, Labor, and national Development (USAID), received to the Committee on Health, Education, Pensions. during adjournment of the Senate in the Of- Labor, and Pensions. EC–4625. A communication from the Dep- fice of the President of the Senate on Janu- EC–4618. A communication from the Acting uty Director of Regulations and Policy Man- ary 13, 2012; to the Committee on Foreign Assistant General Counsel for Regulatory agement Staff, Food and Drug Administra- Relations. Services, Department of Education, trans- tion, Department of Health and Human Serv- EC–4610. A communication from the Acting mitting, pursuant to law, the report of a rule ices, transmitting, pursuant to law, the re- Executive Secretary, U.S. Agency for Inter- entitled ‘‘Race to the Top Fund Phase 3’’ port of a rule entitled ‘‘Medical Devices; national Development (USAID), a report rel- (RIN1894–AA01) received during adjournment Ovarian Adnexal Mass Assessment Score ative to a vacancy in the position of Assist- of the Senate in the Office of the President Test System; Labeling; Black Box Restric- ant Administrator, U.S. Agency for Inter- of the Senate on December 30, 2011; to the tions’’ (Docket No. FDA–2011–D–0028) re- national Development (USAID), received Committee on Health, Education, Labor, and ceived during adjournment of the Senate in during adjournment of the Senate in the Of- Pensions. the Office of the President of the Senate on fice of the President of the Senate on Janu- EC–4619. A communication from the Assist- January 12, 2012; to the Committee on ary 13, 2012; to the Committee on Foreign ant General Counsel for Regulatory Services, Health, Education, Labor, and Pensions. Relations. Department of Education, transmitting, pur- EC–4626. A communication from the Pro- EC–4611. A communication from the Assist- suant to law, the report of a rule entitled gram Manager, Administration for Children, ant Secretary, Bureau of Legislative Affairs, ‘‘Family Educational Rights and Privacy’’ Youth and Families, Department of Health

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with S130 CONGRESSIONAL RECORD — SENATE January 26, 2012 and Human Services, transmitting, pursuant EC–4637. A communication from the Chair- EC–4649. A communication from the Execu- to law, the report of a rule entitled ‘‘Tribal man of the Council of the District of Colum- tive Director, Office of the Chairman, Fed- Child Welfare Interim Final Rule’’ (RIN0970– bia, transmitting, pursuant to law, a report eral Labor Relations Authority, transmit- AC41) received during adjournment of the on D.C. Act 19–245 ‘‘William O. Lockridge ting, pursuant to law, the fiscal year 2011 Senate in the Office of the President of the Way Designation Act of 2011’’; to the Com- Competitive Sourcing annual report; to the Senate on January 9, 2012; to the Committee mittee on Homeland Security and Govern- Committee on Homeland Security and Gov- on Health, Education, Labor, and Pensions. mental Affairs. ernmental Affairs. EC–4627. A communication from the Execu- EC–4638. A communication from the Chair- EC–4650. A communication from the Direc- tive Analyst, Department of Health and man of the Council of the District of Colum- tor, Office of Personnel Management, the Human Services, transmitting, pursuant to bia, transmitting, pursuant to law, a report President’s Pay Agent, transmitting, pursu- law, (2) reports relative to vacancy an- on D.C. Act 19–246 ‘‘Uniform Foreign-Country ant to law, a report relative to the extension nouncements within the Department; to the Money Judgments Recognition Act of 2011’’; of locality-based comparability payments; to Committee on Health, Education, Labor, and to the Committee on Homeland Security and the Committee on Homeland Security and Pensions. Governmental Affairs. Governmental Affairs. EC–4628. A communication from the Sec- EC–4639. A communication from the Chair- EC–4651. A communication from the Sec- retary of Health and Human Services, trans- man of the Council of the District of Colum- retary of the Treasury, transmitting, pursu- mitting, pursuant to law, the Administra- bia, transmitting, pursuant to law, a report ant to law, the fiscal year 2011 Financial Re- tion on Aging’s Report to Congress for fiscal on D.C. Act 19–247 ‘‘Closing of a Portion of port of the U.S. Government; to the Com- year 2010; to the Committee on Health, Edu- the Public Alley in Square 5052, S.O. 10–00603, mittee on Homeland Security and Govern- cation, Labor, and Pensions. Act of 2011’’; to the Committee on Homeland mental Affairs. EC–4629. A communication from the Sec- Security and Governmental Affairs. EC–4652. A communication from the Sec- retary of Health and Human Services, trans- EC–4640. A communication from the Chair- retary of Housing and Urban Development, mitting, pursuant to law, the combined man of the Council of the District of Colum- transmitting, pursuant to law, the Office of fourth and fifth quarterly reports relative to bia, transmitting, pursuant to law, a report the Inspector General’s Semiannual Report the steps the Food and Drug Administration on D.C. Act 19–248 ‘‘Comprehensive Military for the period of April 1, 2011 through Sep- has taken to implement the Menu and Vend- and Overseas Voters Accommodation Tem- tember 30, 2011; to the Committee on Home- ing Machine Labeling provisions from the porary Act of 2011’’; to the Committee on land Security and Governmental Affairs. EC–4653. A communication from the Chair- Patient Protection and Affordable Care Act Homeland Security and Governmental Af- man of the National Capital Planning Com- of 2010; to the Committee on Health, Edu- fairs. cation, Labor, and Pensions. EC–4641. A communication from the Chair- mission, transmitting, pursuant to law, the EC–4630. A communication from the Sec- man of the Council of the District of Colum- Commission’s Performance and Account- retary of the Federal Trade Commission, bia, transmitting, pursuant to law, a report ability Report for fiscal year 2011; to the transmitting, pursuant to law, a report rel- Committee on Homeland Security and Gov- on D.C. Act 19–249 ‘‘Economic Development ative to the use of the exemption from the ernmental Affairs. Special Account Revival Temporary Amend- antitrust laws provided by the Pandemic and EC–4654. A communication from the Direc- ment Act of 2011’’; to the Committee on All-Hazards Preparedness Act; to the Com- tor, National Science Foundation, transmit- Homeland Security and Governmental Af- mittee on Health, Education, Labor, and ting, pursuant to law, the Agency’s fiscal fairs. Pensions. year 2011 Financial Report; to the Com- EC–4642. A communication from the Chair- EC–4631. A communication from the Dep- mittee on Homeland Security and Govern- man of the Council of the District of Colum- uty Archivist, National Archives and mental Affairs. Records Administration, transmitting, pur- bia, transmitting, pursuant to law, a report EC–4655. A communication from the Sec- suant to law, the report of a rule entitled on D.C. Act 19–250 ‘‘Income Tax Withholding retary of Commerce, transmitting, pursuant ‘‘Declassification of National Security Infor- Statements Electronic Submission Tem- to law, the Department of Commerce’s Per- mation’’ (RIN3095–AB64) received during ad- porary Act of 2011’’; to the Committee on formance and Accountability Report for fis- journment of the Senate in the Office of the Homeland Security and Governmental Af- cal year 2011; to the Committee on Homeland President of the Senate on December 30, 2011; fairs. Security and Governmental Affairs. to the Committee on Homeland Security and EC–4643. A communication from the Chair- EC–4656. A communication from the Under Governmental Affairs. man of the Council of the District of Colum- Secretary and Director, Patent and Trade- EC–4632. A communication from the Senior bia, transmitting, pursuant to law, a report mark Office, Department of Commerce, Procurement Executive, Office of Acquisi- on D.C. Act 19–251 ‘‘Clarification of Personal transmitting, pursuant to law, the report of tion Policy, General Services Administra- Property Tax Revenue Reporting Temporary a rule entitled ‘‘Changes to Implement the tion, transmitting, pursuant to law, the re- Act of 2011’’; to the Committee on Homeland Prioritized Examination for Requests for port of a rule entitled ‘‘General Services Ad- Security and Governmental Affairs. Continued Examination’’ (RIN0651–AC65) re- ministration Acquisition Regulation; Imple- EC–4644. A communication from the Chair- ceived during adjournment of the Senate in mentation of Information Technology Secu- man of the Council of the District of Colum- the Office of the President of the Senate on rity Provision’’ ((RIN3090–AJ15) (GSAR Case bia, transmitting, pursuant to law, a report December 20, 2011; to the Committee on the 2011–G503)) received during adjournment of on D.C. Act 19–252 ‘‘Ward Redistricting Tem- Judiciary. the Senate in the Office of the President of porary Amendment Act of 2011’’; to the Com- EC–4657. A communication from the Rules the Senate on January 6, 2012; to the Com- mittee on Homeland Security and Govern- Administrator, Office of General Counsel, mittee on Homeland Security and Govern- mental Affairs. Federal Bureau of Prisons, transmitting, mental Affairs. EC–4645. A communication from the Chair- pursuant to law, the report of a rule entitled EC–4633. A communication from the Chair- man of the Council of the District of Colum- ‘‘Literacy Program Final Rule’’ (RIN1120– man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report AA33) received during adjournment of the bia, transmitting, pursuant to law, a report on D.C. Act 19–262 ‘‘Receiving Stolen Prop- Senate in the Office of the President of the on D.C. Act 19–269 ‘‘Health Benefit Exchange erty and Public Safety Amendment Act of Senate on December 12, 2011; to the Com- Authority Establishment Act of 2011’’; to the 2011’’; to the Committee on Homeland Secu- mittee on the Judiciary. Committee on Homeland Security and Gov- rity and Governmental Affairs. EC–4658. A communication from the Direc- ernmental Affairs. EC–4646. A communication from the Chair- tor of the Office of Tribal Justice, Office of EC–4634. A communication from the Chair- man of the Council of the District of Colum- the Attorney General, Department of Jus- man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report tice, transmitting, pursuant to law, the re- bia, transmitting, pursuant to law, a report on D.C. Act 19–263 ‘‘Oak Hill Conservation port of a rule entitled ‘‘Assumption of Con- on D.C. Act 19–242 ‘‘Electrician Equality Act Easement Temporary Act of 2011’’; to the current Federal Criminal Jurisdiction in of 2011’’; to the Committee on Homeland Se- Committee on Homeland Security and Gov- Certain Areas of Indian Country’’ (RIN1105– curity and Governmental Affairs. ernmental Affairs. AB38) received during adjournment of the EC–4635. A communication from the Chair- EC–4647. A communication from the Chair- Senate in the Office of the President of the man of the Council of the District of Colum- man of the Council of the District of Colum- Senate on December 20, 2011; to the Com- bia, transmitting, pursuant to law, a report bia, transmitting, pursuant to law, a report mittee on the Judiciary. on D.C. Act 19–243 ‘‘Executive Service Com- on D.C. Act 19–270 ‘‘President Primary Ballot EC–4659. A communication from the Fed- pensation Amendment Act of 2011’’; to the Access Temporary Amendment Act of 2012’’; eral Register Liaison Officer, Alcohol and Committee on Homeland Security and Gov- to the Committee on Homeland Security and Tobacco Tax and Trade Bureau, Department ernmental Affairs. Governmental Affairs. of the Treasury, transmitting, pursuant to EC–4636. A communication from the Chair- EC–4648. A communication from the Chair- law, the report of a rule entitled ‘‘Establish- man of the Council of the District of Colum- man of the Council of the District of Colum- ment of the Coombsville Viticultural Area’’ bia, transmitting, pursuant to law, a report bia, transmitting, pursuant to law, a report (RIN1513–AB81) received during adjournment on D.C. Act 19–244 ‘‘Workforce Intermediary on D.C. Act 19–271 ‘‘Unemployment Com- of the Senate in the Office of the President Establishment and Reform of First Source pensation Federally Funded Extended Bene- of the Senate on December 29, 2011; to the Amendment Act of 2011’’; to the Committee fits Maximization Temporary Amendment Committee on the Judiciary. on Homeland Security and Governmental Af- Act of 2012’’; to the Committee on Homeland EC–4660. A communication from the Fed- fairs. Security and Governmental Affairs. eral Register Liaison Officer, Alcohol and

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00050 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with January 26, 2012 CONGRESSIONAL RECORD — SENATE S131 Tobacco Tax and Trade Bureau, Department entitled ‘‘Medical Benefits for Newborn Chil- Commission and other appropriate Federal of the Treasury, transmitting, pursuant to dren of Certain Woman Veterans’’ (RIN2900– agencies to strengthen and coordinate those law, the report of a rule entitled ‘‘Establish- AO05) received during adjournment of the programs and activities (Rept. No. 112–131). ment of the Naches Heights Viticultural Senate in the Office of the President of the S. 52. A bill to establish uniform adminis- Area’’ (RIN1513–AB80) received during ad- Senate on December 18, 2011; to the Com- trative and enforcement procedures and pen- journment of the Senate in the Office of the mittee on Veterans’ Affairs. alties for the enforcement of the High Seas President of the Senate on December 29, 2011; EC–4672. A communication from the Direc- Driftnet Fishing Moratorium Protection Act to the Committee on the Judiciary. tor of the Regulation Policy and Manage- and similar statutes, and for other purposes EC–4661. A communication from the Fed- ment Office, Veterans Health Administra- (Rept. No. 112–132). eral Register Liaison Officer, Alcohol and tion, Department of Veterans Affairs, trans- By Mr. ROCKEFELLER, from the Com- Tobacco Tax and Trade Bureau, Department mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- of the Treasury, transmitting, pursuant to entitled ‘‘Copayments for Medications in tation: law, the report of a rule entitled ‘‘Establish- 2012’’ (RIN2900–AO28) received during ad- Report to accompany S. 363, a bill to au- ment of the Fort Ross-Seaview Viticultural journment of the Senate in the Office of the thorize the Secretary of Commerce to con- Area’’ (RIN1513–AA64) received during ad- President of the Senate on December 20, 2011; vey property of the National Oceanic and At- journment of the Senate in the Office of the to the Committee on Veterans’ Affairs. mospheric Administration to the City of President of the Senate on December 29, 2011; EC–4673. A communication from the Direc- Pascagoula, Mississippi, and for other pur- to the Committee on the Judiciary. tor of the Regulation Policy and Manage- poses (Rept. No. 112–133). EC–4662. A communication from the Assist- ment Office, Veterans Health Administra- By Mr. ROCKEFELLER, from the Com- ant Attorney General, Office of Legislative tion, Department of Veterans Affairs, trans- mittee on Commerce, Science, and Transpor- Affairs, Department of Justice, transmit- mitting, pursuant to law, the report of a rule tation, with an amendment in the nature of ting, pursuant to law, a report entitled ‘‘2010 entitled ‘‘Payment or Reimbursement for a substitute: Annual Report of the National Institute of Emergency Treatment Furnished by Non-VA S. 485. A bill to expand the boundaries of Justice’’; to the Committee on the Judiciary. Providers in Non-VA Facilities to Certain the Thunder Bay National Marine Sanctuary EC–4663. A communication from the Acting Veterans with Service-connected or Non- and Underwater Preserve, and for other pur- Staff Director, United States Commission on service-connected Disabilities’’ (RIN2900– poses (Rept. No. 112–134). Civil Rights, transmitting, pursuant to law, AN49) received during adjournment of the S. 1665. A bill to authorize appropriations the report of the appointment of members to Senate in the Office of the President of the for the Coast Guard for fiscal years 2012 and the Hawaii Advisory Committee; to the Com- Senate on December 21, 2011; to the Com- 2013, and for other purposes (Rept. No. 112– mittee on the Judiciary. mittee on Veterans’ Affairs. 135). EC–4664. A communication from the Presi- EC–4674. A communication from the Direc- By Mrs. BOXER, from the Committee on dent, American Academy of Arts and Let- tor of the Regulation Policy and Manage- Environment and Public Works, with an ters, transmitting, pursuant to law, a report ment Office, Veterans Benefits Administra- amendment: relative to the Academy’s activities during tion, Department of Veterans Affairs, trans- S. 97. A bill to amend the Federal Water the year ending December 27, 2010; to the mitting, pursuant to law, the report of a rule Pollution Control Act to establish a grant Committee on the Judiciary. entitled ‘‘Vocational Rehabilitation and Em- program to support the restoration of San EC–4665. A communication from the Asso- ployment Program—Changes to Subsistence Francisco Bay (Rept. No. 112–136). ciate Director, Court Services and Offender January 11, 2012; to the Committee on Vet- By Mrs. BOXER, from the Committee on Supervision Agency for the District of Co- erans’ Affairs. Environment and Public Works, without lumbia, transmitting, pursuant to law, the EC–4675. A communication from the Direc- amendment: Agency Financial Report for fiscal year 2011; tor of the Regulation Policy and Manage- S. 893. A bill to authorize the Secretary of to the Committee on the Judiciary. ment Office, Veterans Benefits Administra- the Interior to provide financial assistance EC–4666. A communication from the Acting tion, Department of Veterans Affairs, trans- to the State of Louisiana for a pilot program Register of Copyrights, United States Copy- mitting, pursuant to law, the report of a rule to develop measures to eradicate or control right Office, Library of Congress, transmit- entitled ‘‘Extension of Statutory Period for feral swine and to assess and restore wet- ting, pursuant to law, a report relative to Compensation for Certain Disabilities Due to lands damaged by feral swine (Rept. No. 112– sound recordings fixed before February 15, Undiagnosed Illness and Medically Unex- 137). 1972; to the Committee on the Judiciary. plained Chronic Multi-Symptom Illness’’ S. 1296. A bill to revise the boundaries of EC–4667. A communication from the Chair- (RIN2900–AO09) received during adjournment John H. Chafee Coastal Barrier Resources man of the Federal Election Commission, of the Senate in the Office of the President System Sachuest Point Unit RI–04P, Easton transmitting, pursuant to law, a report rel- of the Senate on December 28, 2011; to the Beach Unit RI–05P, Almy Pond Unit RI–06, ative to the Commission’s competitive Committee on Veterans’ Affairs. and Hazards Beach Unit RI–07 in the State of sourcing efforts during fiscal year 2011; to EC–4676. A communication from the Direc- Rhode Island (Rept. No. 112–138). the Committee on Rules and Administration. tor of the Regulation Policy and Manage- S. 1740. A bill to amend the Chesapeake EC–4668. A communication from the Gen- ment Office, Veterans Benefits Administra- eral Counsel and Acting Executive Director, Bay Initiative Act of 1998 to provide for the tion, Department of Veterans Affairs, trans- reauthorization of the Chesapeake Bay Gate- U.S. Election Assistance Commission, trans- mitting, pursuant to law, the report of a rule mitting, pursuant to law, a report entitled ways and Watertrails Network (Rept. No. entitled ‘‘Schedule for Rating Disabilities; 112–139). ‘‘2010 Election Administration and Voting Evaluation of Amyotrophic Lateral Scle- Survey’’; to the Committee on Rules and Ad- By Mr. LIEBERMAN, from the Committee rosis’’ (RIN2900–AN60) received during ad- on Homeland Security and Governmental Af- ministration. journment of the Senate in the Office of the EC–4669. A communication from the Dep- fairs, with an amendment in the nature of a President of the Senate on December 20, 2011; substitute: uty General Counsel, Office of General Coun- to the Committee on Veterans’ Affairs. sel, Small Business Administration, trans- S. 1789. A bill to improve, sustain, and EC–4677. A communication from the Direc- transform the United States Postal Service. mitting, pursuant to law, the report of a rule tor of the Regulation Policy and Manage- entitled ‘‘Small Business Jobs Act: Imple- By Mr. LIEBERMAN, from the Committee ment Office, Veterans Benefits Administra- on Homeland Security and Governmental Af- mentation of Conforming and Technical tion, Department of Veterans Affairs, trans- Amendments’’ (RIN3245–AG15) received dur- fairs, without amendment: mitting, pursuant to law, the report of a rule S. 2038. An original bill to prohibit Mem- ing adjournment of the Senate in the Office entitled ‘‘Loan Guaranty Revised Loan of the President of the Senate on January 20, bers of Congress and employees of Congress Modification Procedures’’ (RIN2900–AN78) re- from using nonpublic information derived 2012; to the Committee on Small Business ceived during adjournment of the Senate in and Entrepreneurship. from their official positions for personal ben- the Office of the President of the Senate on efit, and for other purposes. EC–4670. A communication from the Dep- December 20, 2011; to the Committee on Vet- uty General Counsel, Office of the General erans’ Affairs. f Counsel, Small Business Administration, transmitting, pursuant to law, the report of f INTRODUCTION OF BILLS AND a rule entitled ‘‘Small Business Jobs Act: 504 REPORTS OF COMMITTEES JOINT RESOLUTIONS Loan Program Debt Refinancing’’ (RIN3245– The following reports of committees The following bills and joint resolu- AG17) received during adjournment of the tions were introduced, read the first Senate in the Office of the President of the were submitted: Senate on January 20, 2012; to the Com- By Mr. ROCKEFELLER, from the Com- and second times by unanimous con- mittee on Small Business and Entrepreneur- mittee on Commerce, Science, and Transpor- sent, and referred as indicated: ship. tation, without amendment: By Mr. MORAN (for himself and Mr. EC–4671. A communication from the Direc- S. 50. A bill to strengthen Federal con- ROBERTS): tor of the Regulation Policy and Manage- sumer product safety programs and activi- S. 2035. A bill to provide support for work- ment Office, Veterans Health Administra- ties with respect to commercially-marketed force residential housing, and for other pur- tion, Department of Veterans Affairs, trans- seafood by directing the Secretary of Com- poses; to the Committee on Banking, Hous- mitting, pursuant to law, the report of a rule merce to coordinate with the Federal Trade ing, and Urban Affairs.

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00051 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with S132 CONGRESSIONAL RECORD — SENATE January 26, 2012 By Mrs. GILLIBRAND (for herself, Mr. KULSKI) was added as a cosponsor of S. (Mrs. FEINSTEIN) was added as a co- DURBIN, Mr. CHAMBLISS, Mr. ISAKSON, 416, a bill to develop a strategy for as- sponsor of S. 1223, a bill to address vol- and Mr. SCHUMER): sisting stateless children from North untary location tracking of electronic S. 2036. A bill to require the Secretary of Korea, and for other purposes. communications devices, and for other the Treasury to mint coins in recognition and celebration of the National Baseball Hall S. 648 purposes. of Fame; to the Committee on Banking, At the request of Mrs. GILLIBRAND, S. 1231 Housing, and Urban Affairs. the name of the Senator from Michigan At the request of Mr. LEAHY, the By Mr. SANDERS: (Ms. STABENOW) was added as a cospon- name of the Senator from Oregon (Mr. S. 2037. A bill to reauthorize and improve sor of S. 648, a bill to require the Com- WYDEN) was added as a cosponsor of S. the Older Americans Act of 1965, and for missioner of Social Security to revise 1231, a bill to reauthorize the Second other purposes; to the Committee on Health, Education, Labor, and Pensions. the medical and evaluation criteria for Chance Act of 2007. By Mr. LIEBERMAN: determining disability in a person di- S. 1316 S. 2038. An original bill to prohibit Mem- agnosed with Huntington’s Disease and At the request of Mr. ENZI, the name bers of Congress and employees of Congress to waive the 24-month waiting period of the Senator from Pennsylvania (Mr. from using nonpublic information derived for Medicare eligibility for individuals TOOMEY) was added as a cosponsor of S. from their official positions for personal ben- disabled by Huntington’s Disease. 1316, a bill to prevent a fiscal crisis by efit, and for other purposes; from the Com- S. 810 enacting legislation to balance the mittee on Homeland Security and Govern- mental Affairs; placed on the calendar. At the request of Ms. CANTWELL, the Federal budget through reductions of By Mr. HOEVEN (for himself and Mr. name of the Senator from Hawaii (Mr. discretionary and mandatory spending. CONRAD): INOUYE) was added as a cosponsor of S. S. 1333 S. 2039. A bill to allow a State or local gov- 810, a bill to prohibit the conducting of At the request of Mr. REED, the name ernment to construct levees on certain prop- invasive research on great apes, and for of the Senator from New Jersey (Mr. erties otherwise designated as open space other purposes. LAUTENBERG) was added as a cosponsor lands; considered and passed. S. 821 of S. 1333, a bill to provide for the By Mr. LEE (for himself, Mr. RUBIO, Mr. VITTER, Mr. TOOMEY, Mr. THUNE, At the request of Mr. LEAHY, the treatment and temporary financing of Mr. COBURN, Mr. PAUL, Mr. DEMINT, name of the Senator from New Hamp- short-time compensation programs. Mr. JOHNSON of Wisconsin, Mr. RISCH, shire (Mrs. SHAHEEN) was added as a co- S. 1360 and Mr. CRAPO): sponsor of S. 821, a bill to amend the At the request of Mr. MENENDEZ, the S. 2040. A bill to amend the Congressional Immigration and Nationality Act to name of the Senator from Hawaii (Mr. Budget Act of 1974 to establish a point of eliminate discrimination in the immi- order to prohibit an increase or other modi- AKAKA) was added as a cosponsor of S. fication of the public debt limit unless a con- gration laws by permitting permanent 1360, a bill to amend the Securities Ex- current resolution on the budget has been partners of United States citizens and change Act of 1934 to require share- agreed to and is in effect; to the Committee lawful permanent residents to obtain holder authorization before a public on Finance. lawful permanent resident status in company may make certain political f the same manner as spouses of citizens expenditures, and for other purposes. and lawful permanent residents and to S. 1375 SUBMISSION OF CONCURRENT AND penalize immigration fraud in connec- SENATE RESOLUTIONS At the request of Mr. LEVIN, the tion with permanent partnerships. name of the Senator from Rhode Island The following concurrent resolutions S. 847 (Mr. WHITEHOUSE) was added as a co- and Senate resolutions were read, and At the request of Mr. LAUTENBERG, sponsor of S. 1375, a bill to amend the referred (or acted upon), as indicated: the name of the Senator from Montana Internal Revenue Code of 1986 to pro- By Mr. MENENDEZ (for himself, Mr. (Mr. TESTER) was added as a cosponsor vide that corporate tax benefits based RUBIO, and Mr. NELSON of Florida): of S. 847, a bill to amend the Toxic Sub- upon stock option compensation ex- S. Res. 354. A resolution honoring the life stances Control Act to ensure that of dissident and democracy activist Wilman penses be consistent with accounting Villar Mendoza and condemning the Castro risks from chemicals are adequately expenses shown in corporate financial regime for the death of Wilman Villar Men- understood and managed, and for other statements for such compensation. doza; to the Committee on Foreign Rela- purposes. S. 1451 tions. S. 968 At the request of Mr. VITTER, the By Mr. HATCH (for himself and Mr. At the request of Mr. CHAMBLISS, his name of the Senator from Mississippi LEE): name was withdrawn as a cosponsor of (Mr. WICKER) was added as a cosponsor S. Res. 355. A resolution honoring the memory of Special Agent Jared Francom of S. 968, a bill to prevent online threats of S. 1451, a bill to prohibit the sale of the Ogden, Utah Police Department; consid- to economic creativity and theft of in- billfish. ered and agreed to. tellectual property, and for other pur- S. 1461 f poses. At the request of Mr. NELSON of Flor- At the request of Mr. VITTER, his ida, the name of the Senator from Ten- ADDITIONAL COSPONSORS name was withdrawn as a cosponsor of nessee (Mr. ALEXANDER) was added as a S. 165 S. 968, supra. cosponsor of S. 1461, a bill to amend the At the request of Mr. VITTER, the S. 987 Federal Food, Drug, and Cosmetic Act name of the Senator from North Da- At the request of Mr. FRANKEN, the to clarify the Food and Drug Adminis- kota (Mr. HOEVEN) was added as a co- name of the Senator from Maryland tration’s jurisdiction over certain to- sponsor of S. 165, a bill to amend the (Mr. CARDIN) was added as a cosponsor bacco products, and to protect jobs and Public Health Services Act to prohibit of S. 987, a bill to amend title 9 of the small businesses involved in the sale, certain abortion-related discrimination United States Code with respect to ar- manufacturing and distribution of tra- in governmental activities. bitration. ditional and premium cigars. S. 376 S. 1161 S. 1467 At the request of Mr. COBURN, the At the request of Mr. GRASSLEY, the At the request of Mr. BLUNT, the name of the Senator from Georgia (Mr. name of the Senator from New York name of the Senator from Louisiana CHAMBLISS) was added as a cosponsor of (Mrs. GILLIBRAND) was added as a co- (Mr. VITTER) was added as a cosponsor S. 376, a bill to amend title 5, United sponsor of S. 1161, a bill to amend the of S. 1467, a bill to amend the Patient States Code, to provide that persons Food Security Act of 1985 to restore in- Protection and Affordable Care Act to having seriously delinquent tax debts tegrity to and strengthen payment lim- protect rights of conscience with re- shall be ineligible for Federal employ- itation rules for commodity payments gard to requirements for coverage of ment. and benefits. specific items and services. S. 416 S. 1223 S. 1494 At the request of Mr. BURR, the name At the request of Mr. FRANKEN, the At the request of Mrs. BOXER, the of the Senator from Maryland (Ms. MI- name of the Senator from California name of the Senator from Alaska (Ms.

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00052 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with January 26, 2012 CONGRESSIONAL RECORD — SENATE S133 MURKOWSKI) was added as a cosponsor land (Ms. MIKULSKI) was added as a co- serious recession. Real unemployment of S. 1494, a bill to reauthorize and sponsor of S. 1947, a bill to prohibit at- is at about 15 percent. Our middle class amend the National Fish and Wildlife tendance of an animal fighting ven- continues to decline. The gap between Foundation Establishment Act. ture, and for other purposes. the very rich and everybody else is S. 1575 S. 1956 growing wider. Fifty million Ameri- At the request of Mr. CARDIN, the At the request of Mr. THUNE, the cans have no health insurance. Millions name of the Senator from Maine (Ms. name of the Senator from Arkansas of young people are struggling, trying COLLINS) was added as a cosponsor of S. (Mr. BOOZMAN) was added as a cospon- to figure out how they are going to 1575, a bill to amend the Internal Rev- sor of S. 1956, a bill to prohibit opera- make it into college and pay for their enue Code of 1986 to modify the depre- tors of civil aircraft of the United college education. But in the midst of ciation recovery period for energy-effi- States from participating in the Euro- all of those problems, I hope very much cient cool roof systems. pean Union’s emissions trading that we do not forget about the prob- S. 1577 scheme, and for other purposes. lems facing one of the most vulnerable At the request of Mr. BAUCUS, the S. 1990 sectors of our society; that is, senior citizens. name of the Senator from New York At the request of Mr. LIEBERMAN, the We are an aging population. That is (Mrs. GILLIBRAND) was added as a co- name of the Senator from Alaska (Mr. no secret. Today, and every day, some sponsor of S. 1577, a bill to amend the BEGICH) was added as a cosponsor of S. 10,000 Americans reach the age of 65. If Internal Revenue Code of 1986 to in- 1990, a bill to require the Transpor- we as a nation do not begin to address crease and make permanent the alter- tation Security Administration to the very serious reality of an aging native simplified research credit, and comply with the Uniformed Services population, we are going to be in a lot for other purposes. Employment and Reemployment of trouble that we are not anticipating. S. 1645 Rights Act. At the request of Mr. CASEY, the One of the issues we have to under- S. 2003 name of the Senator from Hawaii (Mr. stand is that not only are we an aging At the request of Mrs. FEINSTEIN, the INOUYE) was added as a cosponsor of S. population, but many of those people name of the Senator from West Vir- 1645, a bill to establish an Oleoresin who are becoming 65 and older are deal- ginia (Mr. ROCKEFELLER) was added as Capsicum Spray Pilot Program in the ing with issues of poverty. Incredibly a cosponsor of S. 2003, a bill to clarify Bureau of Prisons, and for other pur- enough, 20 percent of the seniors in that an authorization to use military poses. this country are living on average in- force, a declaration of war, or any simi- comes of $7,500 per year—$7,500 per year S. 1895 lar authority shall not authorize the average income for the bottom 20 per- At the request of Mrs. GILLIBRAND, detention without charge or trial of a the name of the Senator from Min- cent of seniors in this country. Fright- citizen or lawful permanent resident of eningly, and embarrassingly, more and nesota (Mr. FRANKEN) was added as a the United States and for other pur- more seniors in this country are lit- cosponsor of S. 1895, a bill to require poses. the Secretary of Commerce to estab- erally going hungry. Today, there are S. 2010 lish a program for the award of grants almost 1 million seniors who go hungry to States to establish revolving loan At the request of Mr. KERRY, the and many more who face the threat of funds for small and medium-sized man- name of the Senator from Rhode Island hunger. That should not be happening ufacturers to improve energy efficiency (Mr. REED) was added as a cosponsor of in the United States of America. What America is supposed to be and produce clean energy technology, S. 2010, a bill to amend title II of the about is that when we age, we can live to provide a tax credit for farmers’ in- Social Security Act to repeal the Gov- out our remaining years with security vestments in value-added agriculture, ernment pension offset and windfall and dignity, not trying to find food in and for other purposes. elimination provisions. S.J. RES. 29 order to stay alive. S. 1903 Now, that is the bad news. The good At the request of Mrs. GILLIBRAND, At the request of Mr. UDALL of New Mexico, the names of the Senator from news is that we have Federal legisla- the names of the Senator from New tion called the Older American Act Hawaii (Mr. AKAKA) and the Senator Jersey (Mr. LAUTENBERG), the Senator which, to some degree, begins to ad- from Maryland (Ms. MIKULSKI) and the from Oregon (Mr. WYDEN) were added as cosponsors of S.J. Res. 29, a joint dress these very serious problems. Senator from Wisconsin (Mr. KOHL) I am happy to announce, as the resolution proposing an amendment to were added as cosponsors of S. 1903, a chairman of the Subcommittee on Pri- the Constitution of the United States bill to prohibit commodities and secu- mary Health and Aging, we are intro- relating to contributions and expendi- rities trading based on nonpublic infor- ducing legislation to reauthorize and tures intended to affect elections. mation relating to Congress, to require improve the Older Americans Act. additional reporting by Members and S. RES. 176 The legislation we are offering is employees of Congress of securities At the request of Ms. MIKULSKI, the going to do its very best to say senior transactions, and for other purposes. name of the Senator from Hawaii (Mr. citizens in this country will not go S. 1925 INOUYE) was added as a cosponsor of S. hungry. This legislation is going to sig- At the request of Mr. LEAHY, the Res. 176, a resolution expressing the nificantly increase funding for senior names of the Senator from Alaska (Ms. sense of the Senate that the United centers all over this country, to pro- MURKOWSKI), the Senator from Alaska States Postal Service should issue a vide congregate meal programs in sen- (Mr. BEGICH) and the Senator from Or- semipostal stamp to support medical ior centers. In my view, these con- egon (Mr. WYDEN) were added as co- research relating to Alzheimer’s dis- gregate meal programs are enormously sponsors of S. 1925, a bill to reauthorize ease. important, not only because they pro- the Violence Against Women Act of f vide good nutrition to seniors all over 1994. our Nation but also they allow seniors S. 1935 STATEMENTS ON INTRODUCED to come together to socialize, to talk At the request of Mrs. HAGAN, the BILLS AND JOINT RESOLUTIONS to each other, to get some of the pro- name of the Senator from Montana By Mr. SANDERS: fessional help they need in their wan- (Mr. TESTER) was added as a cosponsor S. 2037. A bill to reauthorize and im- ing years. So we have to strengthen the of S. 1935, a bill to require the Sec- prove the Older Americans Act of 1965, congregate meal program, and that is retary of the Treasury to mint coins in and for other purposes; to the Com- what this bill does. recognition and celebration of the 75th mittee on Health, Education, Labor, In addition to that, there is another anniversary of the establishment of the and Pensions. program which is almost life and death March of Dimes Foundation. Mr. SANDERS. Mr. President, it is to some of the most fragile and vulner- S. 1947 no great secret that our country today able people in this country; that is, the At the request of Mr. BLUMENTHAL, faces many enormously difficult prob- Meals on Wheels Program. What Meals the name of the Senator from Mary- lems. We remain in the midst of a very on Wheels is about—it takes place all

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00053 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with S134 CONGRESSIONAL RECORD — SENATE January 26, 2012 over this country—is, you have people chasing needs are different than the Whereas, on November 2, 2011, Wilman in senior centers and in other institu- general population. Everybody knows Villar Mendoza was detained by security tions who take meals—a good, quality, that. Seniors spend a higher percentage forces of the Government of Cuba for partici- of their income on prescription drugs. pating in a peaceful demonstration in Cuba nutritious hot meal—to seniors, some- calling for greater political freedom and re- times living at the end of a dirt road in They spend it on health care. In cold- spect for human rights; Vermont or in Utah or in New Hamp- weather States such as mine and New Whereas Wilman Villar Mendoza was sen- shire. These are people who cannot Hampshire, they spend it on keeping tenced to 4 years in prison after a hearing leave their homes, especially in the warm. Senior citizens are not out that lasted less than 1 hour and during which wintertime. These are people who, in there, by and large, buying flat-screen Wilman Villar Mendoza was neither rep- some cases, would not survive if they TVs or laptop computers or iPhones or resented by counsel nor given the oppor- did not have that Meals on Wheels Pro- iPads. Their money is going into tunity to speak in his defense; Whereas, on November 25, 2011, Wilman gram. health care. Villar Mendoza was placed in solitary con- I wish to take this opportunity to What has been happening in recent finement after initiating a hunger strike to thank the many volunteers from senior years is, while the cost of some prod- protest his unjust trial and imprisonment; centers and other institutions who get ucts—electronics in general—has been Whereas Wilman Villar Mendoza was a in their cars and trucks to take these going down, the cost of prescription member of the Unio´ n Patrio´ tica de Cuba, a hot meals to seniors all over this coun- drugs and health care has been going dissident group the Cuban regime considers try through the Meals on Wheels Pro- up. So when you tell seniors their illegitimate because members express views COLA is too generous, they tell you critical of the regime; gram. Whereas security forces of the Government What we are finding in my State of that makes no sense at all because of Cuba have harassed Maritza Pelegrino Vermont—and what we are finding they are spending more and more on Cabrales, the wife of Villar Mendoza and a around the country—is, many senior health care, prescription drugs, staying member of the Ladies in White (Damas de centers simply do not have the re- warm in the wintertime. Blanco), and have threatened to take away sources now to accommodate the grow- So what we have done in this bill is her children if she continues to work with ing number of seniors who need the requested that the Bureau of Labor the Ladies in White; Meals on Wheels Program. Statistics improve the Consumer Price Whereas Human Rights Watch, which doc- Let me further say to any of my Index for the Elderly, or CPI–E, by in- umented the case of Wilman Villar Mendoza, stated, ‘‘Arbitrary arrests, sham trials, inhu- friends who say: Senator SANDERS, this cluding more of the items seniors spend mane imprisonment, and harassment of dis- is a good idea. It is going to cost money on, such as prescription drugs sidents’ families—these are the tactics used money. Yes, it will. Increased funding and other health care costs. We must to silence critics.’’; for Meals on Wheels and congregate have a more accurate measure for Whereas Amnesty International stated, meals will cost additional revenue. But COLAs for seniors, and I believe this is ‘‘The responsibility for Wilman Villar at the end of the day, the Federal Gov- the path to a fair COLA. Mendoza’s death in custody lies squarely ernment will save money. We have had I look forward to working with all with the Cuban authorities, who summarily the Members of the Senate to make judged and jailed him for exercising his right hearings on this issue. We have had to freedom of expression.’’; physicians come forward, and they say sure we do right by our parents and our Whereas Orlando Zapata Tamayo, another one of the reasons seniors end up in the grandparents, that we make sure sen- prisoner of conscience jailed after the hospital, seniors end up in the emer- iors in this country can live out their ‘‘Black Spring’’ crackdown on opposition gency room, is because they are mal- remaining years in security and dig- groups in March 2003, died in prison on Feb- nourished. Sometimes, literally, be- nity by reauthorizing a strong and fair ruary 23, 2010, after a 90-day hunger strike; cause of poor nourishment, they fall, Older Americans Act in the coming Whereas, according to the Cuban Commis- months. sion on Human Rights, the unrelenting tyr- break their hips, at great expense to anny of the Castro regime has led to more Medicaid or Medicare. So not only is it I especially want to applaud Senators than 4,000 political detentions and arrests in the right and moral thing to do to keep KOHL, MIKULSKI, CASEY, and FRANKEN 2011; and seniors in this country from going hun- for introducing other thoughtful, inno- Whereas Cuba is a member of the United gry; in the long run, we save money by vative, and important Older Americans Nations Human Rights Council despite nu- keeping them healthy. Act amendments. merous documented violations of human Furthermore, in this bill, we are We are at a critical moment in Amer- rights every year in Cuba: Now, therefore, be going to do something I think is long ican history. In the midst of all the it other challenges we face, let us not Resolved, That the Senate— overdue. There has been a lot of discus- (1) condemns the Cuban regime for the sion in the Senate and in the House turn our backs on those who sacrificed, death of Wilman Villar Mendoza on January about Social Security. Some of my who fought the wars, who built the 19, 2011, following a hunger strike to protest friends—often Republicans, sometimes economies that made this country his incarceration for participating in a Democrats—think we should cut Social great. Let us support a strengthened peaceful protest and to highlight the plight Security, we should try to move to- and improved Older Americans Act. of the Cuban people; ward a balanced budget by cutting f (2) condemns the repression of basic human funding for some of the most vulner- and civil rights by the Castro regime in Cuba SUBMITTED RESOLUTIONS that resulted in more than 4,000 detentions able people in this country. I strongly and arrests of activists in 2011; oppose that. (3) honors the life of Wilman Villar Men- One of the arguments brought forth SENATE RESOLUTION 354—HON- doza and his sacrifice on behalf of the cause to cut Social Security is: The COLA— ORING THE LIFE OF DISSIDENT of freedom in Cuba; the Consumer Price Index for the El- AND DEMOCRACY ACTIVIST (4) extends condolences to Maritza derly; how we determine what the WILMAN VILLAR MENDOZA AND Pelegrino Cabrales, the wife of Wilman COLA is—it is too generous. It is inad- CONDEMNING THE CASTRO RE- Villar Mendoza, and their children; equate. When I tell that to senior citi- (5) urges the United Nations Human Rights GIME FOR THE DEATH OF Council to suspend Cuba from its position on zens in Vermont, do you know what WILMAN VILLAR MENDOZA the Council; they do? They laugh. They literally Mr. MENENDEZ (for himself, Mr. (6) urges the General Assembly of the laugh when I tell them there are people RUBIO and Mr. NELSON of Florida) sub- United Nations to vote to suspend the rights in Washington, DC, who believe the for- mitted the following resolution; which of membership of Cuba to the Human Rights mulation as to how we determine was referred to the Committee on For- Council; (7) urges the international community to COLAs is too generous, and they say: eign Relations: Bernie, we have not gotten a COLA for condemn the harassment and repression of S. RES. 354 the last 2 years, so how is this too gen- peaceful activists by the Cuban regime; and Whereas, on Thursday, January 19, 2012, 31- (8) calls on the governments of all demo- erous? They are, of course, right. year-old Cuban dissident Wilman Villar Men- cratic countries to insist on the release of all The way we, in my view, formulate doza died, following a 56-day hunger strike to political prisoners and the cessation of vio- the COLA right now is inadequate, not highlight his arbitrary arrest and the repres- lence, arbitrary arrests, and threats against because it is too generous but quite the sion of basic human and civil rights in Cuba peaceful demonstrators in Cuba, including contrary. The truth is, seniors’ pur- by the Castro regime; threats against Maritza Pelegrino Cabrales

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00054 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with January 26, 2012 CONGRESSIONAL RECORD — SENATE S135 and members of the Ladies in White (Damas Strike all after the enacting clause and in- or tribal government is in compliance with de Blanco). sert the following: the maintenance plan provided under sub- f SECTION 1. LEVEES. section (b)(3). (a) DEFINITIONS.—In this section— (2) REVIEW.—The Chief of Engineers shall SENATE RESOLUTION 355—HON- (1) the term ‘‘Administrator’’ means the review a certification submitted under para- ORING THE MEMORY OF SPECIAL Administrator of the Federal Emergency graph (1) and determine whether the State, AGENT JARED FRANCOM OF THE Management Agency; and local, or tribal government has complied OGDEN, UTAH POLICE DEPART- (2) the term ‘‘covered hazard mitigation with the maintenance plan. MENT land’’ means land— f (A) acquired and deed restricted under sec- Mr. HATCH (for himself and Mr. LEE) tion 404(b) of the Robert T. Stafford Disaster NOTICES OF HEARINGS submitted the following resolution; Relief and Emergency Assistance Act (42 COMMITTEE ON HEALTH, EDUCATION, LABOR, which was considered and agreed to: U.S.C. 5170c(b)) before, on, or after the date AND PENSIONS S. RES. 355 of enactment of this Act; and (B) that is located— Mr. HARKIN. Mr. President, I wish to Whereas, on January 4, 2012, Special Agent announce that the Committee on Jared Francom of the Ogden, Utah Police (i) in North Dakota; and Department, serving on the Weber-Morgan (ii) in a community that— Health, Education, Labor, and Pen- Narcotics Strike Force, was fatally wounded (I) is participating in the National Flood sions will meet in open session on in a shooting while serving a search warrant Insurance Program on the date on which a Thursday, February 2, 2012 at 10 a.m. in on a residence in Ogden; State, local, or tribal government submits SD–430 to conduct a hearing entitled Whereas Officers Michael Rounkles, Kasey an application requesting to construct a per- ‘‘Innovations in College Affordability.’’ manent flood risk reduction levee under sub- Burrell, and Shawn Grogan of the Ogden Po- For further information regarding lice Department were also wounded in the section (b); and (II) certifies to the Administrator and the this meeting, please contact the com- shooting; mittee on (202) 224–5501. Whereas Sergeant Nate Hutchinson of the Chief of Engineers that the community will Weber County Sheriff’s Office was also continue to participate in the National COMMITTEE ON ENERGY AND NATURAL wounded in the shooting; Flood Insurance Program. RESOURCES Whereas Officer Jason Vanderwarf of the (b) AUTHORITY.—Notwithstanding clause (i) Mr. BINGAMAN. Mr. President, I Roy Police Department was also wounded in or (ii) of section 404(b)(2)(B) of the Robert T. would like to announce for the infor- Stafford Disaster Relief and Emergency As- the shooting; mation of the Senate and the public Whereas the officers on the Weber-Morgan sistance Act (42 U.S.C. 5170c(b)(2)(B)), the Ad- ministrator shall approve the construction that a hearing has been scheduled be- Narcotics Task Force acted quickly and fore the Senate Committee on Energy bravely to subdue the shooting suspect, pre- of a permanent flood risk reduction levee by venting further injury and loss of life; a State, local, or tribal government on cov- and Natural Resources. The hearing Whereas Officer Kasey Burrell remains in ered hazard mitigation land if the Adminis- will be held on Thursday, February 16, the hospital recovering from serious injuries trator and the Chief of Engineers determine, 2012, at 9:30 a.m., in room SD–366 of the sustained in the shooting; through a process established by the Admin- Dirksen Senate Office Building in Whereas Special Agent Francom served istrator and Chief of Engineers and funded Washington, DC. entirely by the State, local, or tribal govern- with the Ogden Police Department for 8 The purpose of the hearing is to re- years; ment seeking to construct the proposed levee, that— ceive testimony on the U.S. Depart- Whereas Special Agent Francom served the ment of Energy’s budget for fiscal year Ogden community with honor and distinc- (1) construction of the proposed permanent tion; flood risk reduction levee would more effec- 2013. Whereas the people of Utah have come to- tively mitigate against flooding risk than an Because of the limited time available gether to mourn and honor Special Agent open floodplain or other flood risk reduction for the hearing, witnesses may testify Francom, with an estimated 4,000 people at- measures; by invitation only. However, those tending the funeral of Special Agent (2) the proposed permanent flood risk re- wishing to submit written testimony duction levee complies with Federal, State, Francom on January 11, 2012, in Ogden; and for the hearing record should send it to Whereas the injury or loss of any police of- and local requirements, including mitigation of adverse impacts and implementation of the Committee on Energy and Natural ficer is a reminder of the risks taken by all Resources, United States Senate, the men and women of law enforcement on floodplain management requirements, which behalf of their communities: Now, therefore, shall include an evaluation of whether the Washington, DC 20510–6150, or by email be it construction, operation, and maintenance of to [email protected] Resolved, That the Senate— the proposed levee would continue to meet .gov. (1) recognizes and honors the sacrifice of best available industry standards and prac- For further information, please con- Special Agent Jared Francom; tices, would be the most cost-effective meas- tact Jennifer Nekuda Malik at 202–224– (2) extends the deepest condolences of the ure to protect against the assessed flood risk and minimizes future costs to the federal 5479 or Abigail Campbell at 202–224– Senate to the family and friends of Special 1219. Agent Francom; government; (3) expresses the wishes of the Senate for a (3) the State, local, or tribal government COMMITTEE ON ENERGY AND NATURAL full and speedy recovery of all the officers seeking to construct the proposed levee has RESOURCES wounded in the shooting in Ogden, Utah; and provided an adequate maintenance plan that Mr. BINGAMAN. Mr. President, I (4) recognizes the remarkable courage and documents the procedures the State, local, would like to announce for the infor- honor that the men and women in law en- or tribal government will use to ensure that mation of the Senate and the public forcement display and the risks those men the stability, height, and overall integrity of the proposed levee and the structure and sys- that a hearing has been scheduled be- and women take to keep their communities fore the Committee on Energy and Nat- safe. tems of the proposed levee are maintained, including— ural Resources. The hearing will be f (A) specifying the maintenance activities held on Tuesday, February 28, 2012, at AMENDMENTS SUBMITTED AND to be performed; 10:00 a.m. in room SD–366 of the Dirk- PROPOSED (B) specifying the frequency with which sen Senate Office Building. maintenance activities will be performed; The purpose of this hearing is to con- SA 1469. Mr. REID (for Mrs. BOXER) pro- (C) specifying the person responsible for sider the President’s fiscal year 2013 posed an amendment to the bill S. 2039, to performing each maintenance activity (by allow a State or local government to con- name or title); proposed budget for the Department of struct levees on certain properties otherwise (D) detailing the plan for financing the the Interior. designated as open space lands. maintenance of the levee; and Because of the limited time available f (E) documenting the ability of the State, for the hearing, witnesses may testify local, or tribal government to finance the by invitation only. However, those TEXT OF AMENDMENTS maintenance of the levee. wishing to submit written testimony SA 1469. Mr. REID (for Mrs. BOXER) (c) MAINTENANCE CERTIFICATION.— for the hearing record should send it to proposed an amendment to the bill S. (1) IN GENERAL.—A State, local, or tribal the Committee on Energy and Natural government that constructs a permanent 2039, to allow a State or local govern- flood risk reduction levee under subsection Resources, United States Senate, 304 ment to construct levees on certain (b) shall submit to the Administrator and Dirksen Senate Office Building, Wash- properties otherwise designated as the Chief of Engineers an annual certifi- ington, DC 20510–6150, or by email to open space lands; as follows: cation indicating whether the State, local, [email protected].

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00055 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with S136 CONGRESSIONAL RECORD — SENATE January 26, 2012 For further information, please con- AIRPORT AND AIRWAY EXTENSION Mr. REID. Mr. President, I ask unan- tact David Brooks (202) 224–9863 or Jake ACT OF 2012 imous consent that the bill be read McCook (202) 224–9313. Mr. REID. I now ask unanimous con- three times and passed, the motion to reconsider be laid upon the table, with f sent that the Senate proceed to H.R. 3800, which has been received from the no intervening action or debate, and AUTHORITY FOR COMMITTEES TO House and is at the desk. any statements related to this matter MEET The PRESIDING OFFICER. The be printed in the RECORD. The PRESIDING OFFICER. Without COMMITTEE ON THE JUDICIARY clerk will report the bill by title. The legislative clerk read as follows: objection, it is so ordered. Mr. NELSON of Florida. Mr. Presi- The bill (H.R. 3801) was ordered to a dent, I ask unanimous consent that the A bill (H.R. 3800) to amend the Internal Revenue Code of 1986 to extend the funding third reading, was read the third time, Committee on the Judiciary be author- and expenditure authority of the Airport and and passed. ized to meet during the session of the Airway Trust Fund, to amend title 49, United Mr. REID. Mr. President, it is my un- Senate, on January 26, 2012, at 10:00 States Code, to extend authorizations for the derstanding this is legislation that has a.m., in SD–226 of the Dirksen Senate airport improvement program, and for other been pushed by Gabrielle Giffords who Office Building, to conduct an execu- purposes. resigned from the House yesterday. tive business meeting. There being no objection, the Senate What wonderful statements made by The PRESIDING OFFICER. Without proceeded to consider the bill. Members of the House yesterday signi- objection, it is so ordered. Mr. REID. I ask unanimous consent fying the way the whole country feels COMMITTEE ON THE JUDICIARY that the bill be read three times and about the courage of this gallant Mr. NELSON of Florida. Mr. Presi- passed, that the motion to reconsider woman. We all wish her the very best dent, I ask unanimous consent that the be laid on the table, that there be no in her future with her heroic husband Committee on the Judiciary be author- intervening action or debate, and that standing by her side, an astronaut. I ized to meet during the session of the any statements be printed in the am sure they will fare better than we Senate, on January 26, 2012, at 2:15 RECORD. can imagine. The PRESIDING OFFICER. Without p.m., in room SD–226 of the Dirksen f Senate Office Building, to conduct a objection, it is so ordered. ALLOWING A STATE OR LOCAL hearing entitled ‘‘Nominations.’’ The bill (H.R. 3800) was ordered to a GOVERNMENT TO CONSTRUCT The PRESIDING OFFICER. Without third reading, was read the third time, LEVEES objection, it is so ordered. and passed. PERMANENT SUBCOMMITTEE ON INVESTIGATIONS f Mr. REID. Mr. President, I ask unan- Mr. NELSON of Florida. Mr. Presi- ULTRALIGHT AIRCRAFT SMUG- imous consent that the Senate proceed dent, I ask unanimous consent that the GLING PREVENTION ACT OF 2012 to the immediate consideration of S. Permanent Subcommittee on Inves- 2039, introduced earlier today. Mr. REID. Mr. President, I now ask The PRESIDING OFFICER. The tigations of the Committee on Home- unanimous consent that the Senate clerk will report the bill by title. land Security and Governmental Af- proceed to the consideration of H.R. The legislative clerk read as follows: fairs be authorized to meet during the 3801. A bill (S. 2039) to allow a State or local session of the Senate on January 26, The PRESIDING OFFICER. The government to construct levees on certain 2012, at 10:30 a.m. to conduct a hearing clerk will report the bill by title. properties otherwise designated as open entitled ‘‘Compliance with Tax Limits The legislative clerk read as follows: space and lands. on Mutual Fund Commodity Specula- A bill (H.R. 3801) to amend the Tariff Act There being no objection, the Senate tion.’’ of 1930 to clarify the definition of aircraft proceeded to consider the bill. The PRESIDING OFFICER. Without and the offenses penalized under the aviation Mr. REID. Mr. President, I ask unan- objection, it is so ordered. smuggling provisions under that Act, and for imous consent that the Boxer sub- other purposes. SELECT COMMITTEE ON INTELLIGENCE stitute amendment be agreed to, the Mr. NELSON of Florida. Mr. Presi- There being no objection, the Senate bill, as amended, be read a third time dent, I ask unanimous consent that the proceeded to consider the bill. and passed, the motion to reconsider be Mr. LEAHY. Mr. President, I have Select Committee on Intelligence be laid upon the table, and that any state- worked to expedite the Senate’s pas- authorized to meet during the session ments relating to this matter be print- sage of Congresswoman Giffords’ legis- of the Senate on January 26, 2012, at ed in the RECORD. lation. This action today shows what 2:30 p.m. The PRESIDING OFFICER. Without we can do when we work together. The The PRESIDING OFFICER. Without objection, it is so ordered. Ultralight Aircraft Smuggling Preven- objection, it is so ordered. The amendment (No. 1469) was agreed tion Act, H.R. 3801, is intended to help to, as follows: f ensure that smugglers who use ultra- (Purpose: In the nature of a substitute) light aircraft along the United States PRIVILEGES OF THE FLOOR Strike all after the enacting clause and in- border are held accountable for their sert the following: Mr. BAUCUS. Mr. President, I ask actions. Its passage today is an appro- SECTION 1. LEVEES. unanimous consent that the following priate tribute to the courage and out- (a) DEFINITIONS.—In this section— staff of the Finance Committee be standing work of Congresswoman Gif- (1) the term ‘‘Administrator’’ means the granted floor privileges for the dura- fords. Administrator of the Federal Emergency tion of the debate on the debt limit: Congresswoman Giffords has long Management Agency; and Claire Green, Omar DeLeon, Elizabeth been committed to securing the border (2) the term ‘‘covered hazard mitigation Samson, Amanda Summers, Johannes against drug smugglers. This legisla- land’’ means land— Echeverri, Whitney Lott, Samson tion is intended to keep Americans who (A) acquired and deed restricted under sec- Chen, Harun Dogo, David Sklar, and tion 404(b) of the Robert T. Stafford Disaster live and work along the border safe. Relief and Emergency Assistance Act (42 Amanda Bartmann. I was part of the tribute to Congress- U.S.C. 5170c(b)) before, on, or after the date The ACTING PRESIDENT pro tem- woman Giffords at the joint session of of enactment of this Act; and pore. Without objection, it is so or- Congress to hear the President’s State (B) that is located— dered. of the Union address earlier this week. (i) in North Dakota; and Mr. BEGICH. Mr. President, I ask I was saddened to learn of Gabrielle (ii) in a community that— unanimous consent that privileges of Giffords’ decision to resign from Con- (I) is participating in the National Flood the floor be granted to the following gress. I know that her commitment to Insurance Program on the date on which a member of my staff, William Mowitt, a the citizens of Arizona is unwavering. I State, local, or tribal government submits an application requesting to construct a per- fellow in my office, during the pend- look forward to working with her in manent flood risk reduction levee under sub- ency of the 112th Congress. the future, and wish her a continued section (b); and The PRESIDING OFFICER. Without speedy recovery. She is an inspiration (II) certifies to the Administrator and the objection, it is so ordered. to all. Chief of Engineers that the community will

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00056 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with January 26, 2012 CONGRESSIONAL RECORD — SENATE S137 continue to participate in the National two leaders be reserved for their use HONORING OUR ARMED FORCES Flood Insurance Program. later in the day; that following any SERGEANT FIRST CLASS BEN- (b) AUTHORITY.—Notwithstanding clause (i) leader remarks, the Senate be in a pe- JAMIN WISE or (ii) of section 404(b)(2)(B) of the Robert T. riod of morning business until 4:30 p.m. Stafford Disaster Relief and Emergency As- Mr. BOOZMAN. Mr. President, we are sistance Act (42 U.S.C. 5170c(b)(2)(B)), the Ad- with Senators permitted to speak up to constantly reminded of the sacrifices ministrator shall approve the construction 10 minutes each; that at 4:30 p.m., the of American troops and their families. of a permanent flood risk reduction levee by Senate resume consideration of the These brave Americans fight for our a State, local, or tribal government on cov- motion to proceed to Calendar No. 301, freedoms and our values while putting ered hazard mitigation land if the Adminis- S. 2038, the Stop Trading on Congres- their own lives at risk. We must always trator and the Chief of Engineers determine, sional Knowledge Act (STOCK), with remember their service and thank through a process established by the Admin- the time until 5:30 p.m. equally divided them for their patriotism, dedication, istrator and Chief of Engineers and funded between the two leaders or their des- entirely by the State, local, or tribal govern- and commitment, and honor those who ment seeking to construct the proposed ignees. have paid the ultimate price. levee, that— The PRESIDING OFFICER. Without Today I am here to pay my respects (1) construction of the proposed permanent objection, it is so ordered. to Arkansas soldier SFC Benjamin flood risk reduction levee would more effec- Wise, who sacrificed his life for the f tively mitigate against flooding risk than an love of his country while in support of open floodplain or other flood risk reduction PROGRAM Operation Enduring Freedom. measures; Sergeant 1st Class Wise graduated (2) the proposed permanent flood risk re- Mr. REID. Mr. President, the next from West Side Christian School in El duction levee complies with Federal, State, vote will take place next Monday at Dorado, AR, in 1995, and enlisted in the and local requirements, including mitigation 5:30 p.m. on the motion to invoke clo- of adverse impacts and implementation of military in 2000, joining the Army as ture on the motion to proceed to S. an infantryman assigned to the 520th floodplain management requirements, which 2038, the STOCK Act. shall include an evaluation of whether the Infantry Regiment, 2nd Infantry Divi- construction, operation, and maintenance of f sion at Joint Base Lewis-McChord. the proposed levee would continue to meet He discussed his military service best available industry standards and prac- ORDER FOR ADJOURNMENT with the Hope Star in 2004, saying that tices, would be the most cost-effective meas- Mr. REID. Mr. President, I ask unan- he was proud to be a soldier and that ure to protect against the assessed flood risk he wanted to serve his country. and minimizes future costs to the federal imous consent that the Senate adjourn following the statement of Senator In 2005, he volunteered for the special government; forces—something his sister Heather (3) the State, local, or tribal government BOOZMAN and that the statement be told the Arkansas Democrat Gazette seeking to construct the proposed levee has limited to 15 minutes. provided an adequate maintenance plan that The PRESIDING OFFICER. Without was something he talked about grow- ing up. His new position in the 3rd Bat- documents the procedures the State, local, objection, it is so ordered. or tribal government will use to ensure that talion, 1st Special Forces Group suited the stability, height, and overall integrity of f him well. Sergeant 1st Class Wise’s the proposed levee and the structure and sys- comrades said he was a friend to all of tems of the proposed levee are maintained, FAREWELL TO THE PAGES the members of his unit, cracking including— Mr. REID. Mr. President, if I could jokes and offering an ear to listen to (A) specifying the maintenance activities just take a moment. I know my friend all of their concerns. to be performed; He was well aware of the dangers he (B) specifying the frequency with which from Arkansas is here to speak. maintenance activities will be performed; This is the last day this group of faced, having served four deploy- (C) specifying the person responsible for pages, who have been here since Sep- ments—twice to Iraq and twice to Af- performing each maintenance activity (by tember, will spend in the Senate. I be- ghanistan. His family says that Ben name or title); lieve I am going to speak at their grad- was proud of the career he built in the (D) detailing the plan for financing the uation—I am quite sure that is true— Army. He was all too familiar with the maintenance of the levee; and tomorrow. sacrifices associated with work in war- (E) documenting the ability of the State, I think the pages render such terrific torn Afghanistan after his brother, Jer- local, or tribal government to finance the service to this body. They do a lot of emy Wise, a former Navy SEAL work- maintenance of the levee. ing as a security contractor, was killed (c) MAINTENANCE CERTIFICATION.— things. They get very little credit for (1) IN GENERAL.—A State, local, or tribal what they do, but we depend on them in the country in December of 2009. government that constructs a permanent for some of the most menial tasks a lot On Monday, January 9, 2012, Sergeant flood risk reduction levee under subsection of times. But they are always polite. I 1st Class Wise was injured during an (b) shall submit to the Administrator and have never had one treat me impolitely attack by insurgents during a small- the Chief of Engineers an annual certifi- in all of the years I have been in the arms fight. He passed away on January cation indicating whether the State, local, Senate. I can only speak from personal 15, 2012. or tribal government is in compliance with SFC Benjamin Wise is a true Amer- experience, and I have said this before the maintenance plan provided under sub- ican hero. I ask my colleagues to keep on the Senate floor, and I will say it section (b)(3). his family—his wife Traci, sons Luke again: My two oldest grandchildren— (2) REVIEW.—The Chief of Engineers shall and Ryan, and daughter Kailen—and review a certification submitted under para- granddaughters—both served in the his friends in their thoughts and pray- graph (1) and determine whether the State, Senate as pages, and it really changed ers during these very difficult times. I local, or tribal government has complied their lives. I say that without any res- humbly offer my appreciation and grat- with the maintenance plan. ervation. They became more in tune itude—and I know I speak for the Sen- The bill (S. 2039), as amended, was or- with what is going on in our country, ate and Congress as a whole—to this dered to be engrossed for a third read- and it hasn’t left them. They look back patriot and his family for his selfless ing, was read the third time, and with great—I don’t know if ‘‘rev- passed. sacrifice. erence’’ is the right word, maybe that I yield the floor. f is the wrong choice, but they look back certainly fondly on their experience f ORDERS FOR MONDAY, JANUARY here in the Senate. ADJOURNMENT UNTIL MONDAY, 30, 2012, AT 2 P.M. I hope these young men and women JANUARY 30, 2012, AT 2 P.M. Mr. REID. Mr. President, I now ask understand how much we appreciate THE PRESIDING OFFICER. Under unanimous consent that the Senate ad- what they do. I do hope from a personal the previous order, the Senate stands journ until 2 p.m. on Monday, January perspective that they have benefited as adjourned until Monday, January 30, at 30, 2012; that following the prayer and much as my two granddaughters did 2 p.m. pledge, the Journal of proceedings be during their time here. (Thereupon, the Senate, at 5:03 p.m., approved to date, the morning hour be The PRESIDING OFFICER (Mr. adjourned until Monday, January 30, deemed expired, and the time for the FRANKEN). The Senator from Arkansas. 2012, at 2 p.m.)

VerDate Mar 15 2010 02:48 Dec 28, 2012 Jkt 079060 PO 00000 Frm 00057 Fmt 4637 Sfmt 0634 E:\RECORD12\RECFILES\JAN 2012\S26JA2.REC S26JA2 bjneal on DSK2TWX8P1PROD with Thursday, January 26, 2012 Daily Digest Senate Almy Pond Unit RI–06, and Hazards Beach Unit Chamber Action RI–07 in the State of Rhode Island. (S. Rept. No. Routine Proceedings, pages S81–S137 112–138) Measures Introduced: Six bills and two resolutions S. 1740, to amend the Chesapeake Bay Initiative were introduced, as follows: S. 2035–2040, and S. Act of 1998 to provide for the reauthorization of the Res. 354–355. Pages S131–32 Chesapeake Bay Gateways and Watertrails Network. Measures Reported: (S. Rept. No. 112–139) S. 50, to strengthen Federal consumer product S. 1789, to improve, sustain, and transform the safety programs and activities with respect to com- United States Postal Service, with an amendment in mercially marketed seafood by directing the Sec- the nature of a substitute. retary of Commerce to coordinate with the Federal S. 2038, to prohibit Members of Congress and Trade Commission and other appropriate Federal employees of Congress from using nonpublic infor- agencies to strengthen and coordinate those pro- mation derived from their official positions for per- grams and activities. (S. Rept. No. 112–131) sonal benefit. Page S131 S. 52, to establish uniform administrative and en- Measures Passed: forcement procedures and penalties for the enforce- ment of the High Seas Driftnet Fishing Moratorium Honoring Special Agent Jared Francom: Senate Protection Act and similar statutes. (S. Rept. No. agreed to S. Res. 355, honoring the memory of Spe- 112–132) cial Agent Jared Francom of the Ogden, Utah Police Report to accompany S. 363, to authorize the Sec- Department. Pages S114–15 retary of Commerce to convey property of the Na- Airport and Airway Extension Act: Senate tional Oceanic and Atmospheric Administration to passed H.R. 3800, to amend the Internal Revenue the City of Pascagoula, Mississippi. (S. Rept. No. Code of 1986 to extend the funding and expenditure 112–133) authority of the Airport and Airway Trust Fund, to S. 485, to expand the boundaries of the Thunder amend title 49, United States Code, to extend au- Bay National Marine Sanctuary and Underwater Pre- thorizations for the airport improvement program. serve, with an amendment in the nature of a sub- Page S136 stitute. (S. Rept. No. 112–134) S. 1665, to authorize appropriations for the Coast Ultralight Aircraft Smuggling Prevention Act: Guard for fiscal years 2012 and 2013, with an Senate passed H.R. 3801, to amend the Tariff Act amendment in the nature of a substitute. (S. Rept. of 1930 to clarify the definition of aircraft and the No. 112–135) offenses penalized under the aviation smuggling pro- S. 97, to amend the Federal Water Pollution Con- visions under that Act. Pages S95, S136 trol Act to establish a grant program to support the State or Local Government Levee Construction: restoration of San Francisco Bay, with an amend- Senate passed S. 2039, to allow a State or local gov- ment. (S. Rept. No. 112–136) ernment to construct levees on certain properties S. 893, to authorize the Secretary of the Interior otherwise designated as open space lands, after agree- to provide financial assistance to the State of Lou- ing to the following amendment proposed thereto: isiana for a pilot program to develop measures to Pages S136–37 eradicate or control feral swine and to assess and re- Reid (for Boxer) Amendment No. 1469, in the store wetlands damaged by feral swine. (S. Rept. No. nature of a substitute. Pages S136–37 112–137) S. 1296, to revise the boundaries of John H. Measures Considered: Chafee Coastal Barrier Resources System Sachuest Debt Ceiling Increase: Senate began consider- Point Unit RI–04P, Easton Beach Unit RI–05P, ation of motion to proceed to consideration of H.J. D41

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Res. 98, relating to the disapproval of the Presi- January 30, 2012. (For Senate’s program, see the re- dent’s exercise of authority to increase the debt marks of the Majority Leader in today’s Record on limit, as submitted under section 3101A of title 31, page S137.) United States Code, on January 12, 2012. Pages S83–95 Committee Meetings During consideration of this measure today, Senate also took the following action: (Committees not listed did not meet) By 44 yeas to 52 nays (Vote No. 2), Senate did not agree to the motion to proceed to consideration UNITED STATES AND GLOBAL ECONOMY of the joint resolution. Pages S94–95 OUTLOOK Stop Trading on Congressional Knowledge Committee on the Budget: Committee concluded a hear- (STOCK) Act—Cloture: Senate began consideration ing to examine the outlook for the United States and of the motion to proceed to consideration of S. 2038, global economy, after receiving testimony from Alan to prohibit Members of Congress and employees of S. Blinder, Princeton University, Princeton, New Congress from using nonpublic information derived Jersey; Joel Prakken, Macroeconomic Advisers, St. from their official positions for personal benefit. Louis, Missouri; and Ike Brannon, American Action Page S120 Forum, Washington, D.C. A motion was entered to close further debate on MUTUAL FUND COMMODITY the motion to proceed to consideration of the bill, SPECULATION and, in accordance with the provisions of Rule XXII Committee on Homeland Security and Governmental Af- of the Standing Rules of the Senate, and pursuant to fairs: Permanent Subcommittee on Investigations the unanimous-consent agreement of Thursday, Jan- concluded a hearing to examine compliance with tax uary 26, 2012, a vote on cloture will occur at 5:30 limits on mutual fund commodity speculation, after p.m., on Monday, January 30, 2012. Page S120 receiving testimony from Douglas H. Shulman, A unanimous-consent-time agreement was reached Commissioner of Internal Revenue, Internal Revenue providing that Senate resume consideration of the Service; and Emily S. McMahon, Acting Assistant motion to proceed to consideration of the bill at Secretary of the Treasury for Tax Policy. 4:30 p.m., on Monday, January 30, 2012, with the time until 5:30 p.m. equally divided and controlled NOMINATIONS between the two Leaders, or their designees. Committee on the Judiciary: Committee concluded a Page S137 hearing to examine the nominations of Andrew Messages from the House: Page S126 David Hurwitz, of Arizona, to be United States Cir- cuit Judge for the Ninth Circuit, who was intro- Measures Referred: Page S126 duced by Senator Kyl, Kristine Gerhard Baker, to be Executive Communications: Pages S126–31 United States District Judge for the Eastern District Additional Cosponsors: Pages S132–33 of Arkansas, who was introduced by Senators Pryor and Boozman, John Z. Lee, and John J. Tharp, Jr., Statements on Introduced Bills/Resolutions: both to be a United States District Judge for the Pages S133–35 Northern District of Illinois, who were both intro- Additional Statements: Pages S122–26 duced by Senator Durbin, and George Levi Russell, Amendments Submitted: Page S135 III, to be United States District Judge for the Dis- trict of Maryland, who was introduced by Senators Notices of Hearings/Meetings: Pages S135–36 Mikulski and Cardin, after the nominees testified Authorities for Committees to Meet: Page S136 and answered questions in their own behalf. Privileges of the Floor: Page S136 INTELLIGENCE Record Votes: One record vote was taken today. Select Committee on Intelligence: Committee held closed (Total—2) Pages S94–95 hearings on intelligence matters, receiving testimony Adjournment: Senate convened at 9:30 a.m. and from officials of the intelligence community. adjourned at 5:03 p.m., until 2 p.m. on Monday, Committee recessed subject to the call.

VerDate Mar 15 2010 03:38 Jan 27, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D26JA2.REC D26JAPT1 jbell on DSK7SPTVN1PROD with DIGEST January 26, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D43 House of Representatives Chamber Action COMMITTEE MEETINGS FOR FRIDAY, The House was not in session today. The House JANUARY 27, 2012 is scheduled to meet at 11 a.m. on Friday, January 27, 2012 in pro forma session. (Committee meetings are open unless otherwise indicated) Committee Meetings Senate No hearings were held. No meetings/hearings scheduled. Joint Meetings House No joint committee meetings were held. No hearings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, January 30 11 a.m., Friday, January 27

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Friday: The House is scheduled to meet at morning business (not to extend beyond 4:30 p.m.), Sen- 11 a.m. on Friday, January 27, 2012 in pro forma ses- ate will resume consideration of the motion to proceed to sion. consideration of S. 2038, Stop Trading on Congressional Knowledge (STOCK) Act, with a vote on the motion to invoke cloture on the motion to proceed to consideration of the bill at 5:30 p.m.

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