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, WEDNESDAY, JANUARY 2, 2013 No. 173 Senate The Senate met at 12 noon and was Mr. DURBIN. Mr. President, it is my his father gave him quiet and his moth- called to order by the President pro understanding that the majority leader er gave him confidence. tempore (Mr. LEAHY). is going to yield the floor to me at this Opportunities were scarce in Search- moment. light, but HARRY made the most of PRAYER The PRESIDENT pro tempore. The what he had. His book ‘‘The Good The Chaplain, Dr. Barry C. Black, of- Senator from Illinois. Fight’’ has a great opening paragraph fered the following prayer: f that I would like to share with every- Let us pray. one because it says so much about Eternal God, today give our Senators CONGRATULATING THE MAJORITY what life must have been like in the the second wind of Your passion, LEADER town of Searchlight. power, and perseverance. Fill them Mr. DURBIN. Mr. President, the HARRY wrote in his book: with the assurance of Your presence. State of Nevada was admitted to the I come from a mining town. But by the May they seek to live with the knowl- Union in 1864. Since 1864 there have time I came along—December 22, 1939—the edge that You have chosen them to been 25 Senators in its 148-year history. leading industry in my hometown of Search- serve You and country. Protect their Today HARRY MASON REID becomes the light, NV, was no longer mining, it was pros- thoughts and actions from temptation longest serving Member of Congress in titution. I don’t exaggerate. There was a as You control all they say and do by the history of the State of Nevada. local law that said you could not have a house of prostitution or a place that served the power of Your spirit. May their Senator REID was elected to the U.S. alcohol within so many feet of a school. lives bring glory to Your Name. Lord, House of Representatives the same Once, when it was determined that one of the remind them that they pass through year I was elected, 1982, and became a clubs was in violation of the law, they moved this life but once, so that they must Member of the House in 1983. He be- the school. not take this day for granted but live came a Member of the Senate in 1987. It says a lot about Searchlight. It to honor You. He has served with great distinction in also says a lot about the circumstances We pray in Your great Name. Amen. both Houses of Congress, serving his he faced growing up. He made the most f State of Nevada, and today is the high- of what he had. PLEDGE OF ALLEGIANCE est ranking Democrat in the Senate, Between hitchhiking more than 40 serving as its majority leader. miles and staying with extended rel- The Honorable PATRICK J. LEAHY led I daresay, Mr. President, that you atives, HARRY was able to attend Basic the Pledge of Allegiance, as follows: and I would probably not really know High School, the nearest high school to I pledge allegiance to the Flag of the anything about the town of Search- Searchlight. While at Basic High in United States of America, and to the Repub- light, NV, were it not for HARRY REID. Henderson, he met two people who dra- lic for which it stands, one nation under God, HARRY REID has told us so many stories indivisible, with liberty and justice for all. matically changed his life—Landra of his youth and his background in that Gould, who would become his wife of 53 f tiny town and what brought him to years and counting, and Mike RECOGNITION OF THE MAJORITY this station in life today. I almost feel O’Callaghan, who was a coach, a teach- LEADER that if there were a town or high er, a mentor, and a friend. HARRY REID The PRESIDENT pro tempore. The school reunion, I could attend it with said of Mike O’Callaghan that he was majority leader is recognized. HARRY and look around and recognize a the toughest man he ever met. Mr. REID. Mr. President, would the lot of people there because I have cer- HARRY REID played high school base- Chair announce the business of the tainly heard a lot of stories about his ball with Rey Martinez, who would be- day. youth and the people who have had a come his chief of staff, and Donnie Wil- f dramatic impact on his life from the son, who would also go to work for time he was growing up in Searchlight, REID in Washington. SCHEDULE NV. I once invited ‘‘Mr. Cub,’’ Ernie The PRESIDENT pro tempore. Mr. We know he came from modest cir- Banks, to my office, and I invited President, under the previous order, cumstances. His family raised him in a HARRY REID—a former baseball player the leadership time is reserved. Under very small home without indoor in his youth—to come up and meet the previous order, the Senate will be plumbing. He attended a two-room ele- Ernie Banks. in a period of morning business until mentary school in Searchlight, NV. As Ernie Banks looked in his eye and 1:30 p.m. for debate only, with Senators a child, Senator REID’s father was a said: What position did you play, permitted to speak therein for up to 10 hard rock miner and his mother took HARRY? minutes each. in laundry. He says of his parents that HARRY said: I played catcher.

∑ 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 00:37 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A02JA6.000 S02JAPT1 smartinez on DSK6TPTVN1PROD with S8638 CONGRESSIONAL RECORD — SENATE January 2, 2013 Ernie Banks said: I don’t believe it. served as Lieutenant Governor from as HARRY becomes the longest serving Get in the position. 1971 until 1974, becoming a friend to my Congressman and Senator in the State At that point, I heard the bones mentor Paul Simon, who was then of Nevada. creaking as HARRY went down in the Lieutenant Governor of Illinois. I recall one particular visit to his of- catcher’s crouch in my office in front HARRY lost his race for the U.S. Sen- fice. I dropped in frequently there to of Ernie Banks, and we all cheered. ate in 1974 when the seat was vacated see what was going on and to chat with He won his first election in high by Alan Bible, but he lost by fewer him about the business of the Senate school when he ran for junior class than 600 votes. Governor O’Callaghan and life itself. When I came in, I saw a treasurer. Of course he would win be- then asked him to serve as chairman of young rock group called the Killers sit- cause Landra, his wife-to-be, wrote his the Nevada Gaming Commission. ting in his office. Yes, that is their speech and got him elected. Rey Mar- When Nevada’s population growth led name, the Killers, and they are from tinez managed his campaign when he to an additional seat in Congress in Nevada. HARRY told me this young became the senior class president. 1982, HARRY REID ran for the new seat group, popular as they are in other He also ran into the fellow I men- and won, and that is when I first met places, was especially popular in Ne- tioned earlier, Mike O’Callaghan, who him. He served two terms in the House vada because they performed the Ne- had such a profound impact on his per- from 1983 to 1987 before running for the vada State song, which is entitled sonal and political life. Behind HAR- Senate. In 1986 REID won the Demo- ‘‘Home Means Nevada.’’ When I think RY’S desk, he has a picture of his friend cratic nomination for the Senate seat about this historic moment today when and mentor Governor O’Callaghan. of retiring two-term incumbent Repub- HARRY becomes part of the history of HARRY REID also took up boxing after lican Senator Paul Laxalt. his State, I recall one stanza from that he was inspired by Mike O’Callaghan— From 1999 to 2005 HARRY REID served song. It says, ‘‘Deep in the heart of the as I said, the toughest man he ever as Senate Democratic whip, as minor- golden west, home means Nevada to me.’’ In all of my conversations over met, in HARRY’S memory. ity whip from 1999 to 2001 and again In his book ‘‘The Good Fight,’’ 2003 to 2005, and then as majority whip all the years, time and again the con- versations always return to his home HARRY said: from 2001 to 2003. During those years as State of Nevada, his hometown of There are sluggers, and then there are box- whip, HARRY REID lived on the floor of ers. I became a pretty good boxer. I could as- the Senate. He developed a real under- Searchlight, and the people he loves so sess situations well, and I learned to recog- standing not just of the rules and pro- much to represent in the Senate. nize and exploit an opposing fighter’s weak- cedures of the Senate but of the insti- It has been an honor to serve with this great man. I am glad he achieved nesses. I could hit hard, and I could take a tution and the Members. punch. Mike O’Callaghan died of a heart at- this great moment in history on behalf Mr. President, you and I know that is tack while attending daily Catholic of Nevada and the United States. The PRESIDENT pro tempore. The a perfect background for the business mass in 2004, so he didn’t live to see his we are in today. majority leader. good friend elected as minority leader Mr. REID. No one would believe this, With scholarship money Mike in 2005 or, obviously, as majority leader but I did not know Senator DURBIN was O’Callaghan had helped put together in the Senate. But I know that every going to say a word. Most of what he for him, HARRY REID left for the Col- single day HARRY serves in public life, said is unimportant, but I appreciate lege of Southern Utah in Cedar City. Mike O’Callaghan is in his heart. his efforts to try to make me better He hated being so far away from I listened this morning to some of than what I am. I really do appreciate Landra, so he moved back to Hender- the analysts about what just happened his friendship. son for the summer. with this historic vote yesterday in the We came as a couple of anxious peo- Despite the best efforts of Landra’s Senate. Some of them this morning, ple to the House of Representatives 30 father to discourage him, HARRY mar- who know a little bit about what really years ago. Speaking for both of us—and ried Landra. They eloped in September happens here, were diminishing the I can do that—it was such a wonderful of 1959. The newly married couple role played by HARRY REID. I can tell experience. During the first 3 or 4 moved to Logan, UT, where he would everyone that on the day leading up to months I was in the House of Rep- finish college while renting from a lov- the vote, the last day, December 31, I resentatives, I kept thinking I was ing Mormon family, Matthew and Lou- spent the better part of 16 hours in going to have to pay somebody because ise Bird. HARRY REID and Landra de- HARRY’S office as the negotiations I was having such a good time. It took cided to join the Church of Jesus Christ went back and forth. There were three me a while to figure out that the tax- of Latter Day Saints based on this parties to that negotiation: Senator payers were paying me for doing a job wonderful family who served as their MCCONNELL, the President of the that was so much fun. landlords. He told me many times that United States, and HARRY REID. There I appreciate very much Senator DUR- he didn’t come from a religious family. was not a minute that passed that e- BIN’s friendship. I so admire and appre- In his book, he said that the only fam- mails were not transferred back and ciate him for all he has done for me, ily religion he remembered was their forth to put together the coalition that the State of Illinois, and the country. devotion and love for Franklin Delano passed this historic measure and avoid- He is absolutely right about this—he Roosevelt in his house. ed the economic disaster that other- had a mentor by the name of Paul Mike O’Callaghan left teaching high wise would have occurred. It was not Simon who had the good fortune to school for Democratic politics at that the first time I have seen HARRY in serve, as we were both Lieutenant Gov- point, and he urged HARRY to move to that position—behind closed doors, ernors at or near the same time. We Washington, DC, to attend law school. without a lot of fanfare, playing a crit- served in the House of Representatives HARRY REID put himself through law ical role in the passage of legislation together and we served in the Senate school by working nights as a U.S. Cap- that really makes a difference for the together. What a wonderful human itol police officer. In his book are pic- average working families of America. being. Senator DURBIN and I have tures of HARRY in uniform as a Capitol A few years ago I worked with him as talked about this. Senator Simon was police officer—a job that O’Callaghan he led the effort to pass the Health to DICK DURBIN what Mike O’Callaghan had helped line up for him—when he Care Reform Act, a measure on which I was to me. He was not only the tough- was a law student. believe he shares my thinking—it is est man I ever knew but the most hon- He returned to Nevada after law one of the most important pieces of est. When he would drive, he would school and served as Henderson city at- legislation we have ever worked on in never, ever exceed a posted speed limit. torney before being elected to the Ne- our lives. It never, ever would have be- He is somebody whom I will always re- vada Assembly in 1968. come law if it were not for his skill, de- member. I could never be like him. In 1970, at age 30, HARRY REID ran for termination, and the trust the Demo- In addition to being tough and hon- Lieutenant Governor of Nevada, with cratic majority had in their leader, est, he could swear like no one we have his friend and mentor Mike HARRY REID. ever heard, but only he could do it, this O’Callaghan running for Governor. This is a day, of course, in Nevada massive man who had almost 200 ama- They won the race, and HARRY REID history as much as American history teur fights before going to Korea and

VerDate Mar 15 2010 03:04 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G02JA6.002 S02JAPT1 smartinez on DSK6TPTVN1PROD with January 2, 2013 CONGRESSIONAL RECORD — SENATE S8639 losing his leg. He was such an exem- any idea this terrible storm would do times doesn’t satisfy either side. But as plary person in my life. So I appreciate the damage it did. It was the perfect I have said here and other places, when Senator DURBIN mentioning him. But storm because we had different ele- I practiced law, we had the concept it to me, he was like this great man Paul ments working against each other to was a good settlement when both sides Simon. I don’t know how many books create this terrible situation. walked out unhappy, having reached a he ended up writing. I am sure it is 15 So, I repeat, I am dismayed and sad- settlement, and that is what we did or 20. He never went to college. He was dened the House of Representatives ad- here the night before last. Actually, it a brilliant man. So I thank Senator journed last night without addressing was yesterday, because it was well DURBIN very much. I appreciate it a the pressing needs of these people. after midnight. It was a piece of legis- lot. There are still hundreds of thousands lation we weren’t all elated about, but of people who don’t have a place to f it moved the ball forward. live, whose homes and businesses were We have so many more hard decisions HELPING THE VICTIMS OF damaged or destroyed, as I have indi- to make in the year ahead. So unlike HURRICANE SANDY cated from Mr. Kolstein, by this ter- others behind us in this Capitol, I am Mr. REID. Mr. President, I am rible disaster. It is heartbreaking to not going to stoop to name-calling; I stunned by what didn’t happen in the leave these victims of Sandy stranded just want people to work and do what House of Representatives last night. I and waiting for help. they need to do. Let the House of Rep- appreciate that they, with the support This storm damaged or destroyed resentatives work its will. Let Demo- of all but a handful of Democrats and more than 700,000 homes in New York crats and Republicans in the House of just a handful of Republicans, passed and New Jersey and New England. We Representatives debate. They have an something to keep us from going over have the power to help our countrymen easier time of it because they can set the fiscal cliff, and that is admirable. put their lives back together. We did it rules on how to debate. They have the here in the Senate. We sent it to the NANCY PELOSI deserves such accolades Rules Committee where they can set for carrying more than her share of the House of Representatives, but they how long they debate and on what sub- weight over there in passing this bill. walked away, just as they did with jects, but let the body work its will, But one of the things they didn’t do postal reform and just as they did with which hasn’t happened. last night—I wish to read into the agricultural reform, our farm bill, and It is a sad day when we turn our just as they have walked away from so RECORD a letter, an e-mail, from a per- backs on millions of our fellow Ameri- son by the name of Barrie Kolstein, K- many different things this year. They cans during their time of greatest need, O-L-S-T-E-I-N: left these people without help. They and that certainly is what has hap- are gone; they have left; they are not Owner of perhaps the oldest and one of the pened here. most recognized violinmaking shops in the in Washington. I am disappointed we The PRESIDING OFFICER (Mr. United States, located in Baldwin, New have turned our backs—and I don’t in- FRANKEN). The Senator from Vermont. York. clude myself in this operation, or any- Mr. LEAHY. Mr. President, I know Shop was severely damaged by recent hur- one in this Senate; we worked on a bi- the distinguished majority leader is ricane Sandy. Owned buildings and occupied partisan basis to get this done, but I about to propound a unanimous con- them for over 32 years without any problems am deeply disappointed the House of sent request. I ask unanimous consent at all. Representatives has turned their backs to proceed for 1 minute. This storm compromised my building in- on people who are suffering. The PRESIDING OFFICER. Without side and outside, with facilities within the Please understand, everybody, this building backing up, pipe breakage and roof objection, it is so ordered. damage, plus the horrid conditions that lit- does not include the leadership of f erally assaulted all the buildings in my im- Leader PELOSI or Leader HOYER. They have done their best to gather their CONGRATULATING THE MAJORITY mediate area. LEADER Storm decimated my building as well as troops to help at any time for anything the neighboring buildings that perhaps was that is needed. Mr. LEAHY. Mr. President, the ma- one of the more stable and viable business To walk away from these people is jority leader is not a person to praise areas of Baldwin. not who we should be as Americans. himself, but I will. My shop has been closed since the storm. Wintertime is now here. When disaster I totally agree with the comments he We are doing our best to afford the restora- strikes, be it fire, flood, storm, or made about how the session has vir- tion of the building and repair the numerous fine old pedigree string instruments (violins, earthquake, we in the past haven’t tually ended. violas, cellos and basses) that were so hor- paused and we don’t delay, but we have It is only in recent times that I find ribly damaged. here. As Americans, we respond with myself presiding as often as I have be- We lost machinery, tools, supplies and haste at a national level when Amer- cause of other circumstances, and I am most of our filed records. ican lives are at stake and American glad I was here to open the Senate This is a true nightmare, that at the age of communities are shattered. It is no today to hear the distinguished senior 63, I never thought I would be faced with. wonder how people feel about Congress: Senator from Illinois speak about the There are tens of thousands of people They just left town. distinguished senior Senator from Ne- in New York, tens of thousands of peo- They need to do better over there. We vada. We first met when he was run- ple in New Jersey, and other parts of should have a postal reform bill. We ning for the Senate seat at a campaign the Northeast who have had their lives should have a farm bill. The farm bill, event in another State. We worked to- turned upside down. I am dismayed and by the way, saves $24 billion—not mil- gether at that time and became saddened that the House of Representa- lion but billion. DEBBIE STABENOW, the friends, and from that day on we have tives walked away last night—didn’t chairman of the Agriculture Com- actually spoken many times with our even touch this—after we spent so mittee, worked so hard to get this wives about that meeting in Florida. much time here on the floor doing done. We had a bipartisan bill that I consider it a privilege that I was on something to help a beleaguered part of passed the Senate overwhelmingly. the floor today to hear the words of the our country. I was happy to help with Why did the House of Representatives Senator from Illinois and I join in Katrina. I was happy to help with the drop it? Well, they dropped it because praising my friend from Nevada. He is violent storm that hit Joplin, MO. We the same porkbarrel programs that a dear and wonderful friend. His wife all were. We moved in quickly. help people who don’t need help in that and my wife are dear wonderful friends. It has been months now and these farm program were taken out of the We both married way above ourselves. people are still suffering. Governor bill. So now we are on a short-term ex- But I feel privileged to serve every day Cuomo and Governor Christie have tension. The benefits these people don’t with the Senator from Nevada. done their best with the limited re- deserve they are still getting. I yield the floor. sources that are available when a dis- They need to do better over there. Mr. REID. Mr. President, I appreciate aster such as this occurs. This is Compromise is hard; we know that. very much the chairman of the Judici- known in the law as an act of God. No Sometimes compromise doesn’t happen ary Committee and the President pro one knew it was coming. No one had when we want it. Compromise some- tempore of the Senate saying those

VerDate Mar 15 2010 00:37 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G02JA6.003 S02JAPT1 smartinez on DSK6TPTVN1PROD with S8640 CONGRESSIONAL RECORD — SENATE January 2, 2013 nice things about me. It is an honor to The Senator from Iowa. cluding Quincy, IL. Then-Senator have gotten to know PAT LEAHY so Mr. GRASSLEY. Mr. President, re- Obama and I came to Quincy and well. He has broken all records. My serving the right to object, and I will pitched in—filling sandbags with thou- record is minimal compared to his in object, I would point out that the ma- sands of other volunteers. Vermont: the first Democrat elected jority has had this nomination pending We worked through Father’s Day to and he has been in the Senate since since May 17 when it was reported out help mitigate the oncoming flood, but 1972, a wonderful Senator and a good of the Judiciary Committee on a party- it still came, and there was serious friend. I appreciate his words very line vote. Not only for myself, but I damage. Just like the people in New much. think for a lot of people on my side of York and New Jersey, these people did I will mention, because I have here the aisle, this nomination is controver- everything they could before and after before, his lovely wife Marcelle is a sial and should not be moved via unani- and during the storm to save their nurse, and during my wife’s travail mous consent in the waning hours of homes, businesses, and the lives of with a terrible automobile accident this Congress. If this nomination were their loved ones. But the magnitude of and breast cancer—she is doing well as important as the majority now our 2008 storm was too big for local and and it appears she is beating both of seems to believe it is, this would have State governments to handle. those so far—Marcelle has done a lot of warranted debate and negotiations ear- The magnitude of the flood, just like Hurricane Sandy, required action from good things for my wife, with her nurs- lier in the session. Instead, the major- Congress and the Federal Government. ing skills, calling and telling her what ity now seeks to raise this nomination We passed a supplemental appropria- she is going through is what happens to in order to avoid having to resubmit tions bill for Illinois and the Midwest a lot of people and she is going to be a the nomination for consideration. in 2008. That aid was essential to help- lot better. I appreciate very much Sen- I think I have shown a very different ing the victims of that flood in our ator LEAHY, but also his lovely wife willingness to accommodate the major- Marcelle. State. ity even on controversial nominations. I have served in Congress for over 20 f For example, we agreed to remove Wil- years, and every time—every time— UNANIMOUS CONSENT REQUEST— liam Baer just last week despite the some section of our Nation has been EXECUTIVE CALENDAR controversy surrounding his nomina- victimized by a disaster, we have come tion, and he was subsequently con- Mr. REID. Mr. President, last Decem- together as an American family to help firmed. So I am not opposed to dis- ber President Obama appointed a per- those in need. We draw on our national cussing controversial nominations, in- son by the name of David Medine to treasure and the efforts of American cluding this one, but they need to be serve as the chairman of the bipartisan people across the country to come to done in a way that allows debate and Privacy and Civil Liberties Board. the rescue of our neighbors in need. discussion prior to a vote. After 9/11, Congress created this five- The time to help New York and New Given the controversial responses to member board to make recommenda- Jersey and other States victimized by written questions this nominee pro- tions to protect the civil liberties of all Hurricane Sandy is now, but the Re- vided, there is need for debate and dis- Americans during a time of war. publican leadership in the House has Mr. Medine is well suited to lead this cussion on this nomination by the full abandoned those victims with a deci- board. He currently works on financial Senate, not unanimous consent here at sion to let this bill die. In New York privacy issues for the Securities and the last minute. Therefore, I object to and New Jersey more than 651,000 Exchange Commission. Previously, he the nomination being considered at homes were damaged or destroyed, was a partner in a huge law firm by the this time. 463,000 businesses were hurt and need name of Wilmer Hale and he worked at The PRESIDING OFFICER. Objec- assistance. According to the Senators the Federal Trade Commission on tion is heard. from those States, that either matches Internet privacy and financial privacy The Senator from Illinois. or exceeds the magnitude of the dis- laws. f aster of Hurricane Katrina that struck Earlier this summer, we worked out the States on our southern coast on the HURRICANE SANDY Gulf of Mexico. an agreement with Senate Republicans SUPPLEMENTAL APPROPRIATIONS to confirm the part-time members of Hundreds of miles of roads and rail the board, two Republicans and two Mr. DURBIN. Mr. President, I want were damaged and will need to be re- paired. However, the rebuilding is on Democrats. Republicans agreed that to join in the remarks of the majority hold because of a political decision by Mr. Medine, the Democratic nominee leader. What a disappointment to learn the Speaker of the House and Repub- for chairman and the only full-time that last night the House of Represent- lican leadership. I can tell you, I know board member, would be confirmed atives failed to bring up the supple- full well—because Senator SCHUMER is during the lameduck session. It is my mental appropriations bill, which is to in the leadership, and I have watched understanding that Republicans have provide relief for the victims of Hurri- as he and Senator GILLIBRAND, Senator encountered an issue that prevented cane Sandy. MENENDEZ, Senator LAUTENBERG, and the Senate from including Mr. Medine The Senate passed this bill not that long ago—just a few days ago. Mr. others have worked to build a bipar- in our nominations package. So I will tisan coalition in the House to pass ask unanimous consent on this nomi- President, $60.4 billion in a supple- mental appropriations passed here by a this critical measure—all it needed was nation at this time. I know there will to be called by the Speaker, and the be a Republican objection. Early in the vote of 62 to 32—a strong bipartisan vote. It did not include everything the Speaker refused. next Congress, I plan to schedule a ma- But there is still time. There is time jority vote on this nomination and I Governors of New York and New Jersey and other States had asked for, but it in the 112th Congress for the House to look forward to the cooperation and pass the Senate bill. I urgently beg the did provide critical funding to help good faith from Senate Republicans. Speaker of the House of Representa- those who lost their homes and their I ask unanimous consent the Senate tives to put any political concerns businesses. proceed to executive session to con- aside, and for the sake of these victims We expected the House to act on this sider Calendar Nos. 721 and 722; that and victims of other disasters across bill. To say this is a no-brainer is to the nominations be confirmed, the mo- America to pass this critically impor- overstate the obvious. We rally as an tion to reconsider be considered made tant bill as quickly as possible. and laid upon the table, with no inter- American family when many of us are I yield the floor. vening action or debate; that no fur- in need. I can remember this very well I suggest the absence of a quorum. ther motions be in order, and any in my own State. The PRESIDING OFFICER. The statements be printed in the RECORD; In 2008, Illinois and other Midwestern clerk will call the roll. that the President be immediately no- States had a similar situation. A mas- The legislative clerk proceeded to tified of the Senate’s action and the sive storm was heading our way and call the roll. Senate then resume legislative session. flooding from the Mississippi River was Mr. BROWN of Ohio. Mr. President, I The PRESIDING OFFICER. Is there inevitable. I visited several towns ask unanimous consent that the order objection? along the Mississippi back then, in- for the quorum call be rescinded.

VerDate Mar 15 2010 00:37 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G02JA6.004 S02JAPT1 smartinez on DSK6TPTVN1PROD with January 2, 2013 CONGRESSIONAL RECORD — SENATE S8641 The PRESIDING OFFICER. Without I yield the floor. This chart puts in perspective the objection, it is so ordered. I suggest the absence of a quorum. spending and revenue of the United f The PRESIDING OFFICER. The States going back to 1950. Looking clerk will call the roll. back 60 years, the red line is the spend- FHA EMERGENCY FISCAL The legislative clerk proceeded to ing line, and the green line is the rev- SOLVENCY ACT call the roll. enue line. You can see our spending is Mr. BROWN of Ohio. Mr. President, Mr. CONRAD. Mr. President, I ask close to a 60-year high. We are not on Sunday, we confirmed Carol Galante unanimous consent that the order for quite at a 60-year high because there as the new Commissioner of the Fed- the quorum call be rescinded. has been some improvement in the last eral Housing Administration, FHA. I The PRESIDING OFFICER (Mr. 2 years. We are close to a 60-year low want to thank my 19 Republican col- UDALL of New Mexico). Without objec- on revenue. So our colleagues who say leagues who supported her nomination. tion, it is so ordered. this is just a spending problem are It was an important step forward for f missing the point. This is a problem of FHA. I give a special thanks to Senator CHALLENGE TO FUTURE the relationship between spending and CORKER for his work, my colleague on CONGRESSES revenue. The gap—much higher spend- the Senate Banking Committee. ing than we have revenue—is what My Democratic colleagues and I have Mr. CONRAD. Mr. President, I thank leads to deficits and leads to additions cleared an important commonsense my colleagues. These will be my final to the debt. piece of legislation on our side. It was remarks to the Senate, and I thought I The path we are on, we are told by passed overwhelmingly in the House. would share with my colleagues my ob- the Congressional Budget Office, will But we have received little cooperation servations on what has just occurred to take us from a gross debt of 104 percent from some of our Republican col- put in perspective where I believe we of our gross domestic product today to leagues because it does not include ev- are and where we are headed and to lay 115 percent by 2022 if we fail to act. So erything they want. down a challenge for my colleagues as further action is absolutely essential. It is clear that FHA’s Mutual Mort- I depart. A very significant challenge Why? Why does it matter if our gross gage Insurance Fund is facing signifi- remains for the Congress and the coun- debt is more than 100 percent of our cant financial issues. Two years ago, try, and I hope very much that we find gross domestic product? Well, because Senator BEGICH and I introduced an the courage to take on these chal- the best work that has been done on FHA reform bill. For a time we col- lenges. It is incredibly important to this question—by Rogoff and laborated with Senator VITTER from the future strength of our Nation, and Reinhart—concluded, after looking at Louisiana, who has worked with me on we can do it. We have done much 200 years of economic history, the fol- legislation with the GAO and other tougher things in the past, and we can lowing. I quote from their study: certainly take on these challenges. things, and with Senator ISAKSON on We examine the experience of 44 countries that effort, so I know many of my Re- On New Year’s Eve we were called spanning up to two centuries of data on cen- publican colleagues are committed to into session and were briefed by the tral government debt, inflation and growth. these issues. Unfortunately, some of Vice President and other staff from the Our main finding is that across both ad- their conservative colleagues blocked White House with respect to the deal vanced countries and emerging markets, the legislation that would have given that was before us. I told our col- high debt/GDP levels (90 percent and above) FHA additional authority to protect leagues on that night that I believed are associated with notably lower growth taxpayers. we had to support the proposal before outcomes. We should not wait any longer. This us because to fail to do so would send To sum it up, Mr. President, when we is technically the last full day of this us back into a recession. Most econo- have a gross debt of more than 90 per- Congress. We should not wait any mists said the economy would shrink 4 cent of our GDP, we are headed down a longer to enact sensible measures that percent in the first quarter, 2 percent path that dramatically reduces our fu- will put FHA back on a path to finan- in the second quarter, that 1 million ture economic growth. That means we cial stability. more people would be unemployed, and are reducing future economic oppor- With limited time remaining in the that the 2 million people now on unem- tunity for the people of our country. legislative session, passing the House’s ployment insurance would lose that That is why this matters, because it FHA reform legislation, H.R. 4264, is a and would have no safety net. So, Mr. will retard and restrict economic necessary and responsible step to give President, I saw no alternative but to growth for our people. FHA additional authority to protect support this agreement. Here is what the Congressional Budg- taxpayers. Passing this bill will not At the same time, I told my col- et Office tells us about the long-term prevent us from doing more next ses- leagues: I hate this agreement. I hate path we are on, in terms of debt held sion. That is what I want to do. I think it with every fiber of my being because by the public. CBO tells us we are head- most Members in both parties in the this is not the grand bargain I had ed for a circumstance where publicly Banking Committee want to do that. I hoped for and worked for and believe is held debt will be 200 percent of our expect we will consider reforms very so necessary to the future of the coun- GDP. soon. try. This is not, by any standard, a def- So, we are on a course that is utterly In the meantime, though, we should icit reduction plan. As necessary as it unsustainable. pass this commonsense, bipartisan re- is, no one should be misled that this If we look at what has been done—be- form measure. As I mentioned, it deals with our deficit and debt because cause those who say nothing has been passed the House of Representatives by it only makes our debt circumstance done are not giving the full story ei- a margin of 402 to 7. So it has support worse. ther—the fact is we passed a Budget all across the political spectrum, from Now, some question that assessment, Control Act in place of a budget. We people of all views and philosophies and but that is precisely the assessment put in place a law in place of a budget ideologies. Unfortunately, a small the Congressional Budget Office has resolution. That budget law dropped number of people continue to stand in come to. I would like to take just a few discretionary spending to historic lows. the way of these taxpayer protections. moments to put in perspective where We were at—in the year 2012—8.3 per- I do not plan to ask unanimous con- we are. cent of GDP going to domestic spend- sent today. I would like to do that; I The United States is borrowing 31 ing. The Budget Control Act, the law will not do that. I am hopeful that cents of every dollar it spends. That is that was passed, will take that down to those who oppose this might be willing an unsustainable circumstance. It is an 5.3 percent of GDP going for discre- to come to the floor and discuss this improvement somewhat because we tionary spending. That is a historic and see if we can move this legislation were borrowing 40 cents of every dollar low. on the last full day of this Congress, so we spend. So there has been some mod- So when someone says nothing has we can then take that step and then est improvement. But, this cannot go been done, that is not accurate. We cut work this coming year in the new Con- on. It has to be addressed or we will domestic spending, and cut it in a very gress on further reforms. weaken the Nation. significant way. We cut it to a level

VerDate Mar 15 2010 00:37 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G02JA6.005 S02JAPT1 smartinez on DSK6TPTVN1PROD with S8642 CONGRESSIONAL RECORD — SENATE January 2, 2013 that will be a historic low, but that story building in the Cayman Islands are going to have to reform entitle- doesn’t mean the problem has been called Ugland House. Ugland House, ments. It is as clear as it can be that solved; nowhere close to it, because at this little five-story building, claims to those things are going to have to be the same time the nondiscretionary ac- be the home of 18,000 companies that done to get the country back on track. counts are rising dramatically. Medi- all say they are doing business out of Here is one of the most distinguished care, Medicaid, and other Federal that building. I have said many times economists in the country telling us health spending is the 800-pound go- that is the most efficient building in that reforming tax expenditures is not rilla. That is where we see such a dra- the world. How can 18,000 companies be like other ways of raising revenue in matic increase in spending, both in real doing business out of a little five-story terms of its economic effect. I think and nominal dollars, and as a share of building down in the Cayman Islands? Mr. Feldstein has that exactly right. GDP. They are not doing business out of that By the way, who most benefits from Back in 1972, these health care ac- building. The only business they are these tax expenditures? Here is a chart counts consumed 1.1 percent of our doing is monkey business, and the that shows the increase in after-tax in- gross domestic product. By 2050, if we monkey business they are doing is to come from tax expenditures and here is don’t do something, they will consume avoid the taxes they owe in the United the top 1 percent. On average, they 12.4 percent. That is totally States through shell games in which benefit per year by over $250,000. The unsustainable. It is gobbling up bigger they show their profits in the Cayman next quintile benefits by $32,000. The and bigger chunks of our budget, put- Islands, where, happily, there are no lowest quintile tax expenditures ben- ting increasing pressure on our deficits income taxes to impose on those earn- efit by $707 a year. Wow. What an ex- traordinary disparity. The lowest quin- and debt, and eating up the ability of ings. So they are avoiding showing tile tax expenditures benefit $707 a the United States to have the flexi- their income there here and putting it year. The top 1 percent, their benefit bility to respond to crises that might in the Cayman Islands where they can from tax expenditures, on average, is occur. shield it from taxation. The aging population is the primary We also desperately need to restore over $250,000 a year. Here we are, borrowing 31 cents of driver of Medicare, Medicaid, and So- fairness. The current system contrib- every $1 we spend. We are on course cial Security cost growth. We can see utes to growing income inequality. I taking the debt of the United States in this chart, the effect of cost growth don’t know how anyone can conclude from over 100 percent of our gross do- is the yellow part; the effect of aging is otherwise. I have also shown many mestic product to over 200 percent if we the red part; and the spending in ab- times on the floor of the Senate the re- sence of aging and excess cost growth fail to act. port on one building on Park Avenue in That is why we had the National is the green part of this chart. In other New York, where the average income is words, our spending on Medicare, Med- Commission on Fiscal Responsibility $1.2 million of the people who live in icaid, and Social Security would actu- and Reform. The report we put out was that building and the average tax rate ally be very stable absent the effect of called ‘‘The Moment of Truth.’’ What those people are paying is about 15 per- aging and the effect of excess cost we called for in that report was $5.4 cent. The janitor in that building is growth. Now the effect of aging has be- trillion in deficit reduction. We used paying a tax rate of 25 percent with an come the biggest driver. There is noth- the current baseline. That is what we income of $33,000 a year. How is that ing we can do about that because these would have provided, $5.4 trillion in fair? How can that possibly be consid- people have been born. They are alive deficit reduction. We lowered the def- ered fair? These long-term fiscal imbal- today. They are going to be eligible for icit to 1.4 percent of GDP in 2022. We ances simply must be addressed, and Medicare and Social Security, and we stabilized the gross debt by 2015. We re- are going to have to find a way to be revenue is going to have to be part of duced discretionary spending to 4.8 per- able to afford this combined effect. the solution. cent of GDP by 2022. We build on the The revenue side of the equation I Martin Feldstein, one of the distin- health care reform savings. We called think is critically important to under- guished economists in our country, for Social Security reform and savings stand. Many of our colleagues say: It is conservative, chairman of the Council to be used only to extend the solvency true we are at a very low share of GDP of Economic Advisers under President of Social Security itself, and we also going to revenue today. In 2012, less Reagan, said this about the tax expend- included fundamental tax reform that than 16 percent of our GDP came as itures of the country because we are raised revenue and did it in part by re- revenue to the Federal Government. spending $1.2 trillion a year in the tax ducing those tax expenditures I just re- Typically, it is about 18.5 percent of expenditures category of the United ferred to. GDP. But if we look back on the last States. We are spending more through Here is what would happen to the def- five times we have actually balanced the Tax Code than we are through all icit as a percentage of GDP under the the budget around here, revenue hasn’t the appropriated accounts. fiscal commission budget plan. We can been 18 or 18.5 percent of GDP. The last People say we are spending too much. see in 2012, the deficit is at 7.6 percent five times we have balanced the budg- Yes, we continue to have a spending of GDP. By 2012, it would be taken et, revenue has been 19.7 percent, 19.9 problem and a revenue problem. But down to 1.4 percent of GDP under the percent, 19.8 percent, 20.6 percent, 19.5 through the Tax Code, we spend more plan. percent of GDP. there than we spend through all the ap- Here is what would happen to the So those who say we have to get back propriated accounts. gross debt of the country as a percent- to the normal revenue stream, I think Here is what Martin Feldstein said age of GDP under the fiscal commis- miss the point. The average is not about the need to reduce tax expendi- sion plan. From 104 percent of GDP in going to do it. It never has, at least tures: 2012, down to 93 percent of GDP in 2022. going back to 1969. Cutting tax expenditures is really the best Stabilize the debt. Then begin to bring We are going to have to have more way to reduce government spending. . . . it down. That ought to be our chal- revenue at the same time we have more [E]liminating tax expenditures does not in- lenge. spending discipline, especially with re- crease marginal tax rates or reduce the re- The plan that was just passed took ward for saving, investment or risk-taking. individual rate increases from 35 to 39.6 spect to the health care accounts. It would also increase overall economic effi- We need fundamental tax reform. ciency by removing incentives that distort for couples earning over $450,000. Cap- This Tax Code is out of date, it is inef- private spending decisions. And eliminating ital gains and dividends were increased ficient, and it is hurting U.S. global or consolidating the large number of over- from 15 percent to 20 percent. PEP and competitiveness. The complexity im- lapping tax-based subsidies would also great- Pease were reinstated. The estate tax poses a significant burden on individ- ly simplify tax filing. In short, cutting tax was increased to 40 percent for those uals and businesses. The expiring pro- expenditures is not at all like other ways of estates above $5 million. The alter- visions create uncertainty and confu- raising revenue. native minimum tax was patched on a sion. It is hemorrhaging revenue to tax I say to my colleagues, even after permanent basis to prevent some 30 gaps, tax havens, abusive tax shelters. what has just happened, we are going million people from being caught up in I have shown many times on the floor to have to raise more revenue, we are the alternative minimum tax. It ex- of the Senate a picture of a little five- going to have to cut spending, and we tended other expiring provisions.

VerDate Mar 15 2010 00:37 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G02JA6.008 S02JAPT1 smartinez on DSK6TPTVN1PROD with January 2, 2013 CONGRESSIONAL RECORD — SENATE S8643 On the spending side, the doc fix was leadership to move this country in a new di- country back on an economic path that put in place for 1 year to prevent doc- rection. makes sense. tors who provide care for Medicare-eli- Current economic policies, which have in- Mr. CONRAD. This is what I said 26 gible beneficiaries from taking a 27- creased the national debt in five years by an years ago in my candidacy for the Sen- amount that had taken two hundred years to percent cut. It turned off the sequester accumulate, have forced record high real in- ate: for 2 months, the $1.2 trillion across- terest rates. Those record high real interest I have concluded that the serious economic the-board cut in discretionary spending rates have bloated the value of the American problems facing our state can in large meas- in both defense and nondefense. It pro- dollar, which in turn has put a hidden tax on ure only be addressed in Washington. It is vided for a 1-year extension of unem- every commodity exported by our state and economic policies decided in our nation’s ployment benefits and also for a 1-year nation. That hidden tax has robbed us of our capital that are pushing our state into a dif- extension of the farm bill. export markets and dramatically reduced ficult financial position. our commodity values. Since 1980, our national debt has doubled. Again, while I believe that plan had Our national operating deficit has tripled. to be supported—and I did, albeit reluc- These economic policies are not only dev- astating to the economy of the State of Our trade deficit has increased six-fold. And tantly because I think if we had failed North Dakota but are rapidly exporting the we have become a debtor nation for the first to support it, we would be headed back economic strength of this country. This time in seventy-one years. into recession, an additional 1 million process must be stopped. We can do better. We must do better. And people would have lost their jobs, the It is time for politicians to stop posturing we will do better if we have the courage and unemployment rate would be headed to and promising and start guaranteeing per- leadership to move this country in a new di- 9.1 percent, and 2 million people would formance and results. I pledge today that, if rection. elected, the federal deficit, the trade deficit Current economic policies, which have in- have lost their unemployment benefits. creased the national debt in five years by an So there was good reason to support and real interest rates will be brought under control or I will not seek reelection in 1992. amount that had taken two hundred years to that plan. But I want to end as I began. I have great confidence in the future of our accumulate, have forced record high real in- I hated that plan. I hated it with every state and of our country if our leadership terest rates. Those record high real interest fiber of my being because the truth is and our people move swiftly in a new direc- rates have bloated the value of the American it increased the debt of the United tion. dollar, which in turn has put a hidden tax on States. That is not just my word; that I offer leadership and a new vision of the every commodity exported by our state and is the word of the Congressional Budg- role of government in solving our common nation. That hidden tax has robbed us of our et Office that tells me the revenue loss problems. export markets and dramatically reduced our commodity values. from that plan is $3.6 trillion; the new We are at the dawn of a new era, one in which international competition will more These economic policies are not only dev- spending, $332 billion. The total impact and more shape the policies of states and na- astating to the economy of the State of on the deficit and debt, $4 trillion. tions. North Dakota but are rapidly exporting the That doesn’t account for the additional We must meet that challenge. economic strength of this country. This debt service which is another $650 bil- That means the fundamentals of a healthy process must be stopped. lion. The total increase in the debt as domestic economy, including a sound agri- I will end with the next paragraph: cultural sector, an excellent educational sys- a result of that plan is over $4.6 tril- It is time for politicians to stop posturing tem, a competitive business climate, a lion. and promising and start guaranteeing per- strong national defense and an efficient and So don’t let anybody tell you that forming results. was a deficit reduction plan or a plan fair tax system must be among our highest priorities. Then I made a pledge. to deal with the debt because it was At the same time we must fashion a soci- I pledge today that, if elected, the federal not and it is not. That leaves the unre- ety that cares for the least fortunate among deficit, the trade deficit and real interest solved challenge of our time. Because us, respects our senior citizens, nurtures our rates will be brought under control or I will for this Nation’s future, it is critically young, and preserves a strong and growing not seek reelection in 1992. important that the next Congress, in middle class. Perhaps most important, we That is a statement I made 26 years its early days, try to get back to doing must actively pursue peace for our genera- tion and for the generations ahead. ago. Some people are probably won- the grand bargain, the big deal, some- dering, if you made that pledge, how thing that would reduce our deficits We can accomplish all of this if we trust in the basic good judgment and decency of our are you still here? Well, 6 years after I and debt by at least $4 trillion over the people. I have that faith and look forward to made that pledge I announced I would next 10 years to stabilize the debt to a challenging campaign on the issues that not seek reelection, and I did not. I an- begin to bring it down. confront us. nounced in April of that year I would I leave here in many ways with a The trade deficit is clearly out of control. not seek reelection. Congressman Dor- heavy heart because I came here 26 We have gone from a trade deficit of $32 bil- gan was nominated to run for my seat years ago believing one of the foremost lion in 1980 to $149 billion last year, and this and I thought I was leaving the Senate. responsibilities of a Senator was to year we’re headed for a trade deficit of $175 billion. Then the other Senator from North guide the fiscal affairs of this country. Dakota died in September of that year. I ask unanimous consent to have For the last three months, we have im- ported more agricultural production than we The Governor called me and said: Sen- printed in the RECORD the announce- have exported. These are additional signs of ator, you have to run to fill out the 2 ment speech I made in 1986 in running an economic game plan that has gone seri- for the Senate. years of his term because our State is ously wrong. We must get the trade deficit going to lose all of its seniority in one There being no objection, the mate- under control or we will find our standard of rial was ordered to be printed in the living lowered for decades to come. fell swoop—all of Senator Burdick’s se- RECORD, as follows: I believe the Senate and House members niority, all of your seniority, and all of KENT CONRAD, JANUARY 27, 1986 should tell the collective leadership in Wash- Congressman Dorgan’s seniority. We I will be a candidate for North Dakota’s ington—both Republicans and Democrats— will be the only State in the Nation seat in the United States Senate in 1986. I that it’s no more business as usual. It’s time with no seniority. You will have kept will be a candidate because I am intensely to seriously address the economic problems your pledge; you did not seek reelec- interested in North Dakota’s future. I am facing our country. tion; you will run in a special election committed to doing what I can to improve The best way to get the leadership to face which will be in December, after the the future for our state and its people. up to the problems facing our country is to refuse to extend the debt limit except on a regular elections in November. I have concluded that the serious economic I will never forget, one of the news problems facing our state can in large meas- temporary basis. There should be no perma- ure only be addressed in Washington. It is nent extension of the debt limit until there media stations back home did a poll economic policies decided in our nation’s is an economic summit of the President and and two-thirds of Republicans thought capital that are pushing our state into a dif- the Republican and Democratic leadership of I should run to fill out the 2 years of ficult financial position. both the House and the Senate to devise a that term, which I did—which means I Since 1980, our national debt has doubled. plan to reduce our national deficit, to lower am the answer to a trivia question, be- Our national operating deficit has tripled. interest rates, to lower the bloated value of cause I am the only Senator in history the American dollar, and to lower the trade Our trade deficit has increased six-fold. And who served in both Senate seats from we have become a debtor nation for the first deficit. These steps must be taken, and they time in seventy-one years. must be taken now. the same State in the same day. We can do better. We must do better. And We can have a better, more secure future, I believed then and I believe now that we will do better if we have the courage and but only if we take the steps now to get our fiscal responsibility is one of the first

VerDate Mar 15 2010 03:04 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G02JA6.010 S02JAPT1 smartinez on DSK6TPTVN1PROD with S8644 CONGRESSIONAL RECORD — SENATE January 2, 2013 obligations of government. My deep re- John was my numbers guy. He understood tenure. She was not only an excellent coun- gret, my greatest regret, in leaving and mastered budget baselines and scoring sel and advisor to me and my committee here is that we have not been able to issues like no else ever has. His brilliant members, but she was of great assistance to fashion the grand bargain to put us mind enabled him to develop and compare leadership and the Senate as a whole. I was not surprised when President Obama asked back on track. multiple budget plans simultaneously. He is the budget world’s equivalent of a chess her to serve as one of his deputy directors of Mr. President, I ask unanimous con- grand master. There were times that I had legislative affairs. sent to have a tribute to the Budget John working on six different budget plans, Joe Gaeta was the committee’s next chief Committee staff who have served so all at once. I’d fire detailed questions to him counsel. I and my colleagues will forever be ably and so well, served this body, about each of the varied plans, and he’d be indebted to his invaluable service during the served our country, led by my staff di- able to respond quickly and accurately. Just drafting and consideration of the Affordable rector Mary Naylor, who is truly a re- like a grand master who can play multiple Care Act. It was his work, his knowledge and chess games at once, John can juggle mul- understanding of the budget rules and proc- markable person; I consider her a real ess that helped us to get the President’s patriot because she has absolutely tiple budget plans simultaneously. I was not the only Senator to rely on health law through the Senate. I am so dedicated herself to getting the fiscal pleased that he is still providing his services affairs of the country in order. If I John’s abilities. John was a key resource for the staff and members of the President’s Fis- to the Senate, as Senator Whitehouse’s legis- lative director. could, I ask unanimous consent to have cal Commission. And for the last two years, printed in the RECORD a tribute to all Jamie Morin served as the committee’s Senators from both sides of the aisle who lead analyst for the defense, intelligence, of the Budget Committee staff who have worked with me on the Group of 6— have served with me so ably and so and foreign affairs budgets from 2003 through which later became the Group of 8—have re- 2009. He was an exceptional staff member, well. lied on John’s mastery of budgets. and I was so pleased when the Obama admin- There being no objection, the mate- John joined the Committee in May of 2001 istration asked him to serve as the XX of the rial was ordered to be printed in the as an analyst focusing on appropriations, Air Force. He really exemplifies the high cal- RECORD, as follows: general government and commerce. He was a iber staff we had serving on this committee 6-year veteran of the Congressional Budget TRIBUTE TO BUDGET COMMITTEE STAFF, and in the Senate. Office, where he, among other things, ex- JANUARY 2, 2013 Sarah Kuehl was another long-time staff celled at budget concepts and scorekeeping Mr. CONRAD. Mr. President, before I de- member who joined the committee staff at issues. I can’t thank John enough for his ex- part the Senate after 26 years, I wanted to the beginning of my tenure. Her portfolio in- ceptional service to the committee and me offer a special tribute to a team of profes- cluding the health accounts, including Medi- these past nearly 12 years. sionals who have served me, this body and care, as well as Social Security. She had her Communications Director: Stu Nagurka this country with high distinction. hands full, particularly during the Afford- Since 2001, it has been my honor to serve as served as the committee’s communications able Care Act deliberations. I am so proud the senior Democrat on the Senate Budget director, and came on board just days after I and grateful for the important contributions Committee. Throughout my 12-year tenure took over the reins of the committee. He has she made during that debate. She was a high- as Chairman or Ranking Member, I have had been a trusted, valued and loyal aide all ly respected staff member. She also served as on the Budget Committee a staff of dedi- these many years. As a former reporter, and the deputy staff director of the Joint Select cated professionals who have advised me and with his background as a press secretary on Committee on Deficit Reduction. I appre- other Senators on a wide array of com- the House side, and as a communications ciate her many years of trusted service on plicated budget issues. aide in the Clinton administration, he has the committee. The Committee’s portfolio touches every been a great asset to the committee. He has Steve Bailey was my lead revenue staff facet of the Federal government. We write always represented the committee and me member in my personal office, and later on not only the budget resolution, but deal with before the press with great professionalism. the Budget Committee. He was on my staff the big picture consequences of tax and He has been a delight to have on the com- for some 14 years. He also staffed the Presi- spending decisions. We enforce the many mittee, and I thank him for his 12 years of dent’s Fiscal Commission and served as sen- budget points-of-order and other budget service. ior tax counsel for the Joint Select Com- mittee on Deficit Reduction. He received na- rules that govern our proceedings. Many of FORMER SENIOR STAFF these rules, although well intentioned, are tional recognition in 2004, when he alerted I was fortunate to attract high caliber complex and often convoluted. We rely on me to what was then an unnoticed tax provi- the expertise of our Budget Committee staff staff on the committee throughout my ten- sion in a pending appropriations bill. It professionals to help us comply with these ure. Some of my staff went on to serve in the would have allowed congressional staffers rules. administration, others moved on to think access to anyone’s tax records. Thanks to When my colleagues tapped me to lead the tanks, while others retired or went on to Steve’s catch, the offending language was re- Committee, I knew part of my success would pursue other opportunities both on and off moved. The country is forever grateful for depend greatly on the composition and cal- the Hill. Steve’s heroic work, and I appreciate his iber of staff that we could attract to the I would be remiss if I did not also thank service. Committee. them for their contributions, including Sue Jim Esquea served as the committee’s lead Nelson and Jim Horney. Both served as my SBC MAJORITY STAFF analyst for income security and Medicaid for co-deputy staff directors early in my tenure. 11 years. In addition, at various times, he Staff Director: Job one was making sure I As longtime veterans of helping write and handled a wide array of issues ranging from picked the right staff director—a Hill vet- analyze budgets, they were an invaluable veterans affairs and justice programs to eran, who knew how to advance ideas and asset to me when I first served as Chairman. child welfare, Temporary Assistance for move legislation through this political and Joel Friedman served as one of the com- Needy Families, supplemental nutrition as- legislative body. Someone who knew how to mittee’s two deputies during the last half of sistance, public housing, the Children’s write budgets, excel at managing staff, and my tenure. He was the committee’s lead tax Health Insurance Program and other health maybe most importantly, care about fiscal and revenue expert. He brought a wealth of programs. It is his expertise in these areas, responsibility. Finding that right person turned out to be knowledge to the committee from his pre- as well as his great understanding of the quite easy. Mary Naylor was already on my vious government service at the Treasury Congress, that caused the Obama adminis- personal office staff, serving as my deputy Department, the Office of Management and tration to appoint him as the Assistant Sec- chief of staff. She grew up in North Dakota. Budget and the House Budget Committee. retary for Legislative Affairs at the Depart- In 1989, her first task for me: writing my Joel did yeoman’s work developing and eval- ment of Health and Human Services. Two other staffers of the committee left us budget and tax mail. Twelve years later, in uating tax policy during our bipartisan nego- to work in the Obama administration. David January 2001, she became my first and only tiations in the President’s Fiscal Commis- Vandivier, who served as our outreach direc- Budget Committee staff director. sion, and later during our Group of Six and Mary has been invaluable to me. She is a Group of Eight deliberations. Joel was a key tor, is now the chief of staff of the Presi- loyal and trusted aide. She works hard, has staff member, who I greatly admire and ap- dent’s Council of Economic Advisers. Brodi a gifted mind and memory, and never takes preciate. Fontenot served as the committee’s trans- no for an answer. In addition, Mary has this Steve Posner was a valued member of the portation analyst. He is now the Assistant uncanny ability to know what I am think- committee staff for more than 11-and-a-half Secretary for Administration at the Depart- ing, how I want to implement it, and how I years. During that time, he wrote more than ment of Transportation. want to explain it. I can’t thank Mary his share of my speeches, op-eds and other ADDITIONAL LONGTIME STAFF enough for her service and her loyalty to me, material. He is a brilliant writer, and knew Mike Jones is the Committee’s Director of her contribution to the Budget Committee, exactly the words, phrases and statements I Appropriations and our senior analyst for the Senate’s deliberations, and the country’s wanted to make. He was of great help Judiciary and Homeland Security. He has overall well-being. throughout my tenure, and I so appreciate been with the Committee for 11 years, and Deputy Staff Director: John Righter has his service. previously worked at the Department of In- served as the committee’s deputy staff direc- Lisa Konwinski served as the committee’s terior and the House Budget Committee, tor for the past 7-plus years. chief counsel for 11 years, 8 coming under my where he honed his budget skills.

VerDate Mar 15 2010 03:04 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G02JA6.013 S02JAPT1 smartinez on DSK6TPTVN1PROD with January 2, 2013 CONGRESSIONAL RECORD — SENATE S8645 Kobye Noel is the committee’s graphics Review professional. Farouk previously done for the committee, and thank him for production coordinator. Since joining the worked as a program examiner at the Office his service. committee early in my tenure as the senior of Management and Budget, and as a cost an- Josh Ryan is responsible for outreach and Democrat, Kobye has been the lead staff alyst at the Department of Defense. new media for the committee. Josh is the member responsible for the countless num- Gwen Litvak covers a lot of ground for us committee’s liaison to the public, including ber of charts that colleagues and C–SPAN on the committee, handling housing, com- interest groups here in Washington. He also viewers around the country have seen me use merce, transportation, community and re- maintains our committee’s website, handles on this floor. Working with every committee gional development and general government our presence on twitter and facebook, and is staff member, she has helped design, create, issues. She is a workhorse who is immersing our staff photographer. In short, Josh is a bit produce, print and mount hundreds of charts herself quickly in the work. She is now a of a jack-of-all-trades type of staffer. I ap- for me. one-year veteran of the committee, and I so preciate his dedicated service, and thank I have kept Kobye a very busy woman. appreciate her contribution during the past him for his many contributions. Keep in mind, for every chart the public sees year. Amy Edwards is the committee’s perform- on this floor, there are probably five or more Tyler Kruzich handles energy, environ- ance budgeting specialist. She is the lead charts that are created. Most of them are ment and natural resources issues for the staff member who handles the committee’s used in other public gatherings or private committee. He joined our staff in June and is Task Force on Government Performance. meetings. I thank Kobye for her tireless ef- a Hill veteran, having served on the House Amy has been with the committee since the forts. And I hope she knows how much I ap- Appropriations and House Natural Resources task force’s inception in 2009. She has made preciate her contribution to the committee. committees. He also was a budget analyst for important contributions in helping the Com- BUDGET ANALYSTS the Congressional Budget Office. I appreciate mittee in its monitoring and oversight ca- Jennifer Hanson is the committee’s senior his good work on the committee, and know pacity. budget analyst for Medicare and Social Secu- the committee will benefit from his service. Ben Soskin is the committee’s staff assist- rity. She was deeply involved in the health REVENUE TEAM ant and utility man extraordinaire. In addi- care debate and a key member of a team of tion to being an invaluable asset to Kobye in David Williams was the committee’s senior staff who provided the Committee and the the chart production process, Ben is one of tax policy advisor. He just concluded his sec- Senate with critical assistance during the those important staff members who will do ond tour of duty with the committee. He deliberations of that historic legislation. anything asked of him, for the betterment of brought a wealth of knowledge to the Sen- Since joining the committee more than the committee. Ben has been with the com- ate, having spent his career both writing and three years ago, Jennifer has provided ex- mittee for 7 years, and has helped countless implementing tax policy. In addition to his tremely useful guidance on a wide-array of staff members do their jobs, enabling Sen- previous Hill experience, he has held a num- health care matters. I particularly appre- ators to do ours. ber of senior positions at the Internal Rev- ciate her sensitivity to how proposed Brendon Dorgan joined the committee this enue Service, where he received rave reviews changes in funding levels can impact real past summer as a staff assistant. He has for his work administering the Earned In- people, as well as health care providers. She helped gather and track press coverage of in- come Tax Credit. is a great asset to the committee. terest to the committee. He also has helped Alex Brosseau is another key member of Jim Miller is the committee’s senior policy staff members archive the considerable ma- the committee’s revenue team. He serves as advisor for agriculture, and this is his second terial of the committee. In addition, he has our budget and tax policy analyst. Alex tour of duty with the committee. The Senate shown great eagerness in wanting to learn brings an important perspective to the com- is very fortunate that Jim decided to return and is always anxious to take on a new as- mittee as he joined the committee about a to Capitol Hill after serving as the Depart- signment. I appreciate his good work, and year ago from the private sector where he ment of Agriculture’s Under Secretary for the energy he brings to the committee. was a practicing accountant. That real life Farm and Foreign Agricultural Services. Anne Page is the committee’s executive as- work experience is a tremendous asset to the Jim excelled in that Senate-confirmed posi- sistant. Very simply, she keeps the trains committee. I thank Alex for sharing his wis- tion, and we are all so proud of his service in running, and staff happy. She is an invalu- dom and experience with us. the Obama Administration. able resource and a critical aide to the com- Jeannie Biniek is an economist for the Jim is a walking encyclopedia of agri- mittee’s staff director. committee who excels at integrating her culture knowledge. He is well respected by Anne brings a wealth of knowledge and ex- economic knowledge with the expertise of Senators and staff on both sides of the aisle, perience to the committee. She has a rich the budget and tax analysts. She works on and played a critical role in the drafting, en- history, having worked for two former joint projects with other analysts and pro- actment, and implementation of the last Speakers of the House, Jim Wright and Tom vides helpful analysis to me and to the staff. farm reauthorization law. I have been so Foley. Anne is a staff and member favorite. She is also the committee’s Medicaid expert. well-served by Jim, and can’t thank him She has so enriched our lives, and I so appre- Jeannie has been with the committee for enough for all he has done for the Senate, for ciate her service to the committee and the more than 3 years, and this is her first public the agricultural community and the coun- Congress. Thank you Anne for all you have service position. I know it won’t be her last, try. done for us. Robyn Hiestand is the committee’s analyst as she cares deeply about people and the NON-DESIGNATED STAFF responsible for education, discretionary community at large. She has been an abso- health and appropriations issues. She and I lute delight to have on staff, and I thank her The committee is fortunate to have a share a passion for education, and I appre- for her service. strong cadre of professional non-designated ciate all the good work she has done to help ECONOMIC TEAM staff who provide the necessary support func- tions for the committee. These professionals us make education more affordable and to Brian Scholl is the committee’s chief econ- work tirelessly day in and day out, helping protect funding for important programs in omist. I commend him for continually noting the committee staff and members on both the discretionary health accounts. Others that we must navigate through this recovery sides of the aisle. We couldn’t do our jobs have recognized her budget expertise as well. carefully; otherwise we risk taking a dan- without them. She took a brief leave of absence last year gerous step backwards. These five staff members are the 24-hour a and served as a senior budget analyst for the Zachary Moller is a member of the eco- day fix-it staff who come to our rescue when Joint Select Committee on Deficit Reduc- nomic team serving as staff assistant. For a computer, blackberry, copier, phone or tion. more than a year, he’s been researching, some other device goes on the blink. They Brandon Teachout handles defense, inter- writing and providing the committee with are an invaluable resource, and as Chairman, national affairs and veterans issues for the updated economic data. He is a great team I am grateful for their dedication to service, committee, and has been doing so for the player, who does whatever is needed to get and I thank each of the following non-des- past year-and-a-half. He is a trusted and val- the job done. ignated staff members. ued aide who started his Senate career in my The committee has had a rich history of Joan Evans is the chief clerk of the com- personal office six years ago. Brandon has a outstanding economists serving on staff. I mittee, responsible for all of the administra- varied background that includes his work in have had the privilege to work with many of tive functions, and oversees all of the non- television news, a love of history and has them including Chad Stone, Jim Klumpner, designated staff. While relatively new to the taken courses through the Air Force’s Air Lee Price and Matt Salomon. University. committee, she has served in similar capac- Miles Patrie has been with the committee ADDITIONAL STAFF MEMBERS ities with other Senate committees, and for several years and helps me on agriculture Robert Etter is the committee’s chief brings a wealth of knowledge and experience and trade issues, as well as nutrition. Miles counsel whose specialties are budget process, to the post. I appreciate all she has done to is an exceptional analyst, who is detail ori- budget rules and points of order, and other make the committee run so smoothly. ented and focused, and has a calming pres- legal issues. His job is to make sure the com- George Woodall is the committee’s sys- ence on the committee. I appreciate all that mittee, and everything we do, complies with tems administrator. He’s been with the com- he has done to make the committee and Sen- all applicable laws and budget rules of the mittee for more than 19 years and really ex- ate a better place. Senate. Robert joined the committee one cels at keeping the committee wired and Farouk Ophaso joined the committee year ago, and previously served as a House connected with the latest technology. about a year ago and serves as our Budget committee counsel. I appreciate all he has George joined the committee the very year

VerDate Mar 15 2010 00:37 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G02JA6.012 S02JAPT1 smartinez on DSK6TPTVN1PROD with S8646 CONGRESSIONAL RECORD — SENATE January 2, 2013 that Senate offices started using email, so he Mr. CONRAD. I also wish to mention The PRESIDING OFFICER. Without has helped lead a remarkable technological Sara Garland, my chief of staff, an ex- objection, it is so ordered. transformation over these many years. The traordinary person, a North Dakota na- f Senate, and our committee in particular, is tive, somebody who has dedicated her- very fortunate to have his dedicated service. self to public service; Geri Gaginis, my EXTENSION OF MORNING Cathey Dugan is the committee’s archi- BUSINESS vist. She has been particularly busy helping executive assistant, who has been with the majority staff save and store important me more than 20 years, also a North Mr. CONRAD. Mr. President, I ask papers and other documents from the past 12 Dakota native—we call her ‘‘mom’’ in unanimous consent the period for years, so that future scholars will have the our office because she does a good job morning business be extended until 3 opportunity to study our work. I know my of keeping us all on track; Tracee Sut- p.m. for debate only, with Senators staff has been particularly appreciative of ton, legislative director, also a North permitted to speak for up to 10 minutes her patience, her due diligence and her con- Dakota native—an exceptional person, each. tinuous offer of assistance as we’ve navi- she will be on the staff of my suc- The PRESIDING OFFICER. Without gated through the archival process. Letitia Fletcher is a Government Printing ceeding colleague, Senator-elect objection, it is so ordered. Office detailee who has assisted the com- Heitkamp; Susan King, also a North The Senator from Alabama is recog- mittee for the past 11 years. She is respon- Dakota native, who has been with me nized. sible for the compilation and publication of off and on for many years, an out- Mr. SESSIONS. Mr. President, I ask all the committee’s hearings and markups. standing person; Barry Piatt, my com- unanimous consent that I be allowed to She is a thorough and dedicated public serv- munications director, with me here at use as much time as I may consume. ice employee who was recently recognized by the end; Mary Jo Prouty, my office The PRESIDING OFFICER. Without the Public Printer for her 25 years of federal manager, still laboring to close down objection, it is so ordered. service. I thank her for her contributions to the committee and the Senate. our office; Molly Spaeth, also with me f right here to the final days. Two staff assistants recently joined the THANKING SENATOR CONRAD committee. Kevin Stockert and Phillip I also want to give special recogni- Longbrake provide technical and administra- tion to Sean Neary, who was my com- Mr. SESSIONS. I am so pleased to tive support to the committee staff. They munications director for many years, see that Senator CONRAD is here, that I are attentive, professional, and I thank them who is now the communications direc- could follow him. I had another subject for their service. tor for the Finance Committee, truly I wanted to speak about, an important Although she is no longer on staff, I do an extraordinary person. subject. But it is very important for all want to publicly thank our former clerk of With that, Mr. President, I thank Stu the committee, Lynne Seymour, who retired Americans to know how well he has last year. She first joined the committee in Nagurka. Stu is my communications served. the early 1980’s, and later became the com- director in the Budget Committee, has Senator CONRAD is one of the very mittee’s chief clerk, serving in that capacity stayed with me right to the end, some- small group of people in this country for a record 17 years, 7 months. She was an body who has an extraordinary record who understands the debt challenges exemplary employee who faced many admin- in government service; in fact, served we face. He has been on the debt com- istrative challenges during her long tenure, your own Bill Richardson, Governor of mission. He has been the budget chair- including multiple office moves whenever New Mexico, when he was in public man. He staked his first election on party control of the Senate changed hands. I service here in Washington. Stu was dealing with these issues, as he has ex- will also never forget her outstanding leader- his communications director and did as ship during 9/11. At the time, our floor in the plained to us. I truly believe if he had Dirksen building was being overhauled and everyone knows, an outstanding job. a little more support, maybe, from his rewired, so our offices, and all our staff, were His son, I want to note, is our page, caucus and others, his vision could in temporary trailers in the Russell building Jarrod Nagurka, called back into serv- have been a real part of the solution we courtyard. She managed the ensuring cha- ice because in these days, you know, would make to this debt crisis. We are otic days with tremendous grace and profes- we are a little short of people. They are not that far apart when you consider sionalism. people for whom I have the highest re- the true challenges this Nation faces fi- REPUBLICAN STAFF gard, Stu Nagurka, Jarrod. I men- nancially. Let me also thank the Republican profes- tioned Mary Naylor, my extraordinary I remember a little over 2 years ago sional staff members of the Budget Com- staff director; John Righter, the dep- now, when the Senator called the debt mittee. They, too, work extremely hard, and uty; but I mention and have gone into have made great contributions to the Sen- commission cochairman, Erskine detail on all of my Budget Committee Bowles before the budget committee. ate. My staff and I have always had a very staff in this statement that I made cordial and productive relationship with the He gave a speech and written testi- part of the RECORD. Republican committee staff members. mony, which said this Nation has never Finally, let me note that my col- In fact, over the years, I have forged long- faced a more predictable financial cri- league on the Budget Committee, Sen- lasting personal relationships with many of sis. I remember the Senator asked the ator SESSIONS, is here. Senator SES- the Republican staff directors who served cochairman when we might have this during my tenure. Senator Domenici’s top SIONS has been the ranking Republican. financial crisis if we don’t change our aide, Bill Hoagland, is a Washington budget He has been a gentleman. He has been ways. He replied, it could be 2 years, as institution, who I have great respect for. somebody with whom I have enjoyed Hazen Marshall served under Senator Nick- working. He and his staff have been close as 2 years. That was 2 years ago, les, and Scott Gudes, Denzel McGuire and professional. I think we put on a series over 2 years ago now. Cheri Reidy all served as staff director at of hearings that laid out the issues for I think, Senator CONRAD, we have various times for Senator Gregg. All of them maybe gotten a little overconfident. were a delight to work with. I also appre- our country in a clear and undeniable way. People were telling us we were on an ciate the contributions of the Senator Ses- unsustainable course, we were facing a sions’ Republican staff director, Marcus Pea- Again, I leave with only one true re- cock, and his current staff. gret and that is we were not able col- potential crisis, the Rogoff and Reinhart book came out and said that CONCLUSION lectively to put in place a plan to get our debt reaches 90 percent of GDP, As my colleagues know, there are many our country back on track. But I am staff members who work extremely hard to not without hope because next year— and all that was discussed and we had help the Senate function. That is why I this year, later this year—we will have a lot of excitement about it, and we did wanted to come to the floor today and offer more opportunities to do what needs to not act. We did not act in a significant my thanks and appreciation to the profes- be done. way. sional staff members who worked tirelessly In times gone by, maybe people f for me during my tenure of the Budget Com- thought the crisis is never going to mittee. They are the ones who worked so SIGNING AUTHORITY happen, but I think the Senator agrees hard behind the scenes, content doing the Mr. CONRAD. Mr. President, I ask the potential for it to happen is just as people’s business in the background. I hope my staff members know how much unanimous consent that on Wednesday, real, if not more so, than it was 2 years they and their work have meant to me. Each January 2, the majority leader be au- ago. of them has enriched me, both personally thorized to sign duly enrolled bills or I want to say this. We did not always and professionally; I am grateful to them. joint resolutions. agree. The Senator didn’t always agree

VerDate Mar 15 2010 00:37 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G02JA6.012 S02JAPT1 smartinez on DSK6TPTVN1PROD with January 2, 2013 CONGRESSIONAL RECORD — SENATE S8647 with my views and I understand that. some very unwise choices about how bills and not have Senators offer But the Senator allowed the minority we do the people’s business. amendments so they can slow down the on the committee to have its voice This has been the most dysfunctional train and pick and choose what amend- heard, to ask our questions, and the Senate in history. The majority has ments the opposition can offer and how Senator called some great hearings. We abused and altered the powers and du- long they can debate. Maybe this goes had some of the best minds in the ties of the Senate more than at any in their mind in a way that when they country provide testimony before the time in history, to the detriment of the get in that cocoon of power, everybody budget committee. The Senator al- institution and to the detriment of the becomes an obstructionist when they lowed and called the administration public interest. simply insist on the rules of the Sen- witnesses and we were able to examine That is a hard thing to say, but I ate. them about how they were managing truly believe something very unfortu- I always thought one of Senator the country’s money. The Senator al- nate has been occurring and people REID’s charms—the old HARRY REID I lowed that to happen in the great tra- have not talked about it. I would also knew—was that he could actively and dition of the Senate where we have criticize the Republicans a bit here be- aggressively talk politically and stick open debate and honest questioning. cause we are supposed to be the loyal it to the opposition. He always got to The Senator was always a perfect gen- opposition. The majority always has the point. Sometimes I could admire tleman, and always able, as I think the pressures on it to advance an agenda his skills. He could do it with a smile. Presiding Officer would acknowledge, and the loyal opposition has the duty We all tolerate a little political license to give a little levity to a tense situa- to advocate for its views and make sure and a certain amount of political exag- tion. The Senator has a great sense of the institution is handled in a way that geration in the world we live in, but I humor that really endeared him to me. protects the institution as the major- thought Senator REID would not seek So I will say to Senator CONRAD, ity seeks to advance its agenda. Frank- to advance powers beyond what he un- thank you for your service. I believe ly, I do not think we have done a good derstood were the limits of the major- every member of the budget com- enough job at that. But I would say the ity in the Senate because he has been mittee, Republican and Democrat, ap- majority is using tactics—I refer to in the minority, and he has operated preciated the Senator’s leadership. I them as postmodern tactics—to ad- there. He had to fight for his rights to know they did. I know the staff also re- vance an agenda. And in so doing has have full minority rights. So I am a lit- spected the Senator’s leadership. We done damage to the institution. tle baffled. I am not sure I understand had a great time working with the Sen- Our leader, Senator REID, will not ac- this new Senator REID, and I am not ator’s professional team. The Senator knowledge a single error in his aggres- sure all of the decisions he is making served his country exceedingly well sive leadership and movement of legis- are good. dealing with the greatest issue we face lation. He simply blames all the prob- Now we are talking about a nuclear today, our financial debt situation. I lems on Republicans who, he says, are option that would break the rules of hope and I am confident the Senator obstructing his vision, his goals, and the Senate to change the rules of the will remain active, that he will not be the agenda that he and his team want Senate. That is a very dangerous thing, silent, that he will provide continual to advance. Not satisfied that these ac- and I do not believe it is necessary. input and advice to the Members of tions have brought the Senate to one of Let me describe what is happening. I Congress as we wrestle with these its lowest levels of public respect in want to make a complaint about how tough issues. history, if not the lowest, the majority this Senate has been operating. I said Mr. CONRAD. I wish to say thanks to party is now demanding even more it is dysfunctional. The majority has my colleague, Senator SESSIONS. He power. said the reason it is dysfunctional is will still be on the Budget Committee. The majority leader and the majority because Republicans object too much These challenges remain. I will lend are threatening to violate the rules of and they are obstructionists. Let me my voice in whatever way I can to the the Senate and change the rules of the point out some of the things that are responsible efforts that are needed to Senate so they can grab even more actually occurring. get us back on track. It is truly my power. I would say the majority leader First, I would dispute that. I don’t fondest wish that we find a way to himself has obtained more power than believe it is accurate that Republicans come together to do what must be any leader in history, and now it ap- object too much and are obstruction- done. It would be so good for the coun- pears that he is asking for more. ists. I don’t believe Republicans are try. It would be great for the Congress. We don’t like to talk about this. We any more vigorous in their defense of It would be good for the people. I am are reluctant to talk about what is their ideas than the Democrats were confident this is a challenge we can happening and be as critical as I am when they were in the minority when I meet. today, but in fact we have been silent came to the Senate 16 years ago. I I thank the Senator. too long. The bottom line is that this know they were not. So it is the little Mr. SESSIONS. Mr. President, I will issue is not just about politics. This constraints that we operate under repeat my admiration and affection for issue is about the historic role of the every day, such as rules, tradition, ac- the Senator from North Dakota and ap- Senate and our constitutional order. tual statutory law that controls how preciation for his leadership. This Senate is not functioning as it we conduct our business that are being The PRESIDING OFFICER. The Sen- should, and that is for sure; we all may eroded, gone around, and run over. ator from Alabama. agree on that. The question is, Why? These are the things that make the in- f Perhaps it was due to the 2010 election stitution what it is. A person has to be when the Democrats took a shellacking able to accept the fact that those who A MOST DYSFUNCTIONAL SENATE and lost six Senate seats. At that point disagree with them have at least some Mr. SESSIONS. Mr. President, I want there seemed to be a doubling down of power and a right to have their voices to say some things that are pretty hard the desire and ability of the majority and ideas heard and their amendments right now. I say them out of affection leadership to dominate this institu- brought up. That is one of the great and concern for the Senate of the tion. Actual Senate rules and actual traditions of the Senate. United States and for the way we are codified law—and certainly the tradi- So I say—sort of metaphorically—I conducting the people’s business. I be- tions of the Senate—were eroded. They am going to tack on the walls of the lieve they ought to be heard and all of were changed and run over. Senate a few charges. I don’t take us ought to think about them. Some of The Republicans who fought back pleasure in this, but it is time to tell our new Members have not been in- were called obstructionists. I don’t the truth about it. volved in a Senate that functioned dif- know, but maybe when someone has First, to a degree unknown in the ferently than the one in which we are been in power for a long time—as the history of the Senate, the majority participating today. They do not know leadership and the Democratic side leader has used his power under rule how a real Senate should operate. We has—they begin to think they are enti- XIV to bring bills straight to the floor have gradually, and at a very acceler- tled to get all these things done. They without normal committee process. ated pace in more recent years, made believe they are entitled to bring up They are violating and avoiding the

VerDate Mar 15 2010 01:14 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G02JA6.014 S02JAPT1 smartinez on DSK6TPTVN1PROD with S8648 CONGRESSIONAL RECORD — SENATE January 2, 2013 process that goes on in committee every year and lay out a plan. For 3 all done, so then a continuing resolu- where Members offer amendments, years the majority in this Senate has tion has to be passed to keep the gov- have debates, call expert witnesses, and refused to comply with the law simply ernment from being shut down. consider these things. It may take to avoid public accountability. Congress is supposed to pass the ap- weeks or months, but finally a bill rip- The majority leader said it would be propriations bills telling the President, ens and it is then brought to the floor. foolish to have a budget. Those are his and all his Cabinet people, how much The majority leader does have the words. Senator CONRAD, chairman of money they have to spend in the next power under rule XIV to bring a bill to the Budget Committee, was clearly un- fiscal year that begins October 1 of the floor without having had that com- easy about this. Senator CONRAD was every year. The President cannot spend mittee process. The committee process determined—at least in his committee, any money Congress has not appro- is public, the debate is transcribed, and which I serve on with him—to bring up priated. That is a fundamental require- the amendments in the committee are a budget. We were going to discuss it, ment of the Senate. That is not just an voted on and recorded. It holds the mark it up, and then it would be up to idle idea, it is a fundamental require- Senators accountable so the public and the majority leader whether he would ment. their constituents know what they ever bring it to the floor because he So we get to the end of the year and have done, how a bill is progressing, didn’t bring it to the floor the year be- nothing has been done so we passed a and at the end of the day whether they fore. continuing resolution, a CR. We think they like it or not. We have now gone 3 years without stacked 13 bills—1,000-plus pages of For example, this last-minute fiscal bringing a budget to the floor. Appar- spending—in one continuing resolu- cliff tax legislation didn’t go through ently, the majority had a caucus with- tion, and we just funded the govern- the committee process. It was a big, in a day of the Budget Committee ment with no amendments, no debate, important piece of legislation. We have markup occurring. My staff had stud- and no discussion for 6 months. That is a finance committee that is supposed ied it, made amendments, and we were no way to run a government. Each one to debate and decide tax issues. That going to offer ideas to the budget. But of those bills is supposed to be brought did not occur with this bill. Addition- the markup was canceled. Only a shell up: defense, highways, education, ally, no amendments were allowed to of this matter went forward. There health care. People who have amend- this bill—because it was brought di- were no votes, no formal budget proc- ments are supposed to bring up ways to rectly to the floor by the majority ess or budget offered. That is directly save money or spend more money on leader. It is a very bad process. We are contrary to the statute of the United each one of those bills, and we are sup- too often using midnight-hour votes to States. posed to vote on them. For the first ram through big, historic legislation The Budget Act requires an open time in history we did not do that. that has never been fully debated. We process with committee votes, floor Perhaps this was a clever political didn’t even have an opportunity to votes, and 50 hours of debate in which maneuver. It avoided public debate and fully read the legislation the night be- Senators who propose or oppose a budg- public accountability because we had fore last. That is not the way to run et have to do so publicly and with ac- an election coming up in November and the Senate. What we know now from a countably. People should be able to we don’t want to vote before an elec- preliminary estimate from the Con- offer amendments so we can have a tion. gressional Research Service is that 58 vote on them. Another example is the Defense Au- percent of the bills which came to the Senator REID was thinking it was thorization Bill. The fiscal year con- floor of the Senate did not come foolish to have his Members actually cluded this year without us passing the through committee during this Con- have to vote on concrete budget pro- Defense Bill. The Senate has passed the gress. Nearly 60 percent of the legisla- posals. He didn’t want them to do so. Defense Bill for 50 consecutive years. tion was not brought through tradi- Apparently, the previous election had Yet, just a few weeks ago, well after tional Senate committee procedures, not gone well enough, and he wanted to the elections, we were finally able to and that is not good. protect his Members from those votes. pass the Defense bill. Second, the majority leader and the That is what he meant by being fool- The House has sent over a budget majority were quick to block President ish. It was foolish politically for the that lays out a firm financial course Bush’s recess appointment attempts. Democratic Party, but certainly we for America. They voted on that budg- Some of them were dubious; some of know it was not foolish for the Amer- et in public. They were prepared to de- them were probably OK. They had the ican people that the Senate would ac- fend and explain their budget. It would majority. They have done nothing to tually discuss the financial future of have changed the debt course of Amer- defend the Senate’s historic and con- our country and bring up a budget. A ica. But what did the Senate do? Noth- stitutional role when President Obama budget can be passed with a simple ma- ing. Did Republicans filibuster the made a much more blatant recess ap- jority. Republicans cannot filibuster a budget? Did they block a budget from pointment. The institution itself was budget. They get to offer amend- being brought up? No. Republicans de- weakened by this act. The Senate has ments—for a change around here—but manded that we go through the proc- to defend its legitimate confirmation they don’t get to filibuster it. They get ess. We pleaded with them to have a powers, and there is a limit on the an up-or-down vote—50 votes—after 50 budget hearing in the committee. We President’s ability to initiate recess hours of debate. asked them to bring up the budget and appointments. The leader violated plain statutory noted that they have the power to pass The majority leader—righteous to de- law, which requires us to have a budget a budget with a simple majority. That fend it against President Bush—who is by April 15 because he didn’t want his is a burden a majority party has, real- now the leader of this institution, has Members to be accountable, but he ly—to bring up a budget and pass it. It allowed President Obama to weaken blames Republicans for being obstruc- is not easy. It is a challenge. But it is the confirmation process. That goes be- tionists. the first time we have ever gone 3 yond just the politics of the moment. Fourth, for the first time in history, years—or maybe the first time ever we Maybe it furthers a long-term agenda, the Senate has abdicated the most fun- have gone through the situation in but clearly does harm to the long-term damental requirement of Congress: re- which they refused to even bring up a interest of the Senate. sponsible management of the money budget. We have had budgets fail in the Third, the majority has directly vio- that the American people send here. past, but we haven’t had one, to my lated the formal role of the Senate and We violated that requirement. Not a knowledge, where we just go for years plain statutory law that requires the single appropriations bill was brought and refuse to even bring one up. Senate to produce a budget every year. to the floor this year—not 1. That is In that secret Budget Control Act The Congressional Budget Act of 1974 the first time in history. We researched deal, we set spending limits on most of sets up a public legislative process—a this—there has never been a time in the discretionary spending caps, but public process—by which both the history when not a single appropria- that is not a budget. There were no House and Senate must openly con- tions bill was brought up before the amendments. There were no public dis- front the Nation’s fiscal challenges Senate. Frequently we don’t get them cussions, no committee hearings, no

VerDate Mar 15 2010 01:14 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G02JA6.016 S02JAPT1 smartinez on DSK6TPTVN1PROD with January 2, 2013 CONGRESSIONAL RECORD — SENATE S8649 floor debate, no 50 hours to deal with So my question to the Senator from about to expire on January 1, and the great issues of our time. Alabama: Does not the Constitution everybody’s taxes were going to go up. One more point. The majority leader trump the Senate rules? We had to pass a law to keep that from has been trigger-happy in filing cloture The PRESIDING OFFICER. The Sen- happening, and a compromise eventu- motions. We have altered the way the ator from Alabama. ally was reached where most of the Senate operates. We have to plead with Mr. SESSIONS. Mr. President, the taxes stayed where they were and the somebody to be able to get an amend- Constitution does trump the Senate taxes on the rich went up. I guess that ment in the Senate today. It is amaz- rules. But I would ask my colleague if is democracy in America, the way the ing. This goes against the history of he is aware of any kind of history of Senate is supposed to work. this institution. the Republic where we didn’t follow the Mr. WHITEHOUSE. Would the Sen- The two great guarantees in the Sen- existing Senate rules, which say we ator yield for a question? ate, as Robert Byrd, the great majority should have a two-thirds vote before we Mr. SESSIONS. I will yield to my leader and historian of the Senate, has change the rules. former U.S. attorney colleague without said, are the right to debate and the Mr. UDALL of New Mexico. May I an- yielding the floor. He is younger, and a right to amend. Those are funda- swer the question? fine member of the Judiciary Com- mental. We are seeing an erosion of Mr. SESSIONS. I have the floor, and mittee and a capable Member of the both. I will yield for a question in just a sec- Senate. So what does this cloture motion do? ond. The PRESIDING OFFICER. The Sen- Senator REID said: I am going to bring But I am not aware of that ever hap- ator from Rhode Island. up a certain bill, and the Republicans pening. I would ask my good attorney Mr. WHITEHOUSE. Mr. President, I can have five amendments. general colleague, who is familiar and have a question for the distinguished Well, we have 15 amendments we understands tradition and the power of Senator from Alabama, for whom I want to debate—maybe more—on a precedent, what would keep a Repub- have very high regard. He has been my bill. Somebody reminded me that the lican majority next year—or if they ranking member on the Judiciary Com- Panama Canal bill had 80 votes to give were to obtain one in the Senate—from mittee, and he is my ranking member away the Panama Canal. It eventually changing the rules again and again and on the Budget Committee, and we got two-thirds votes and passed. It again? share the experience of having served went through weeks of debate and lots The tradition in this Senate has been as U.S. attorneys. I have great admira- of amendments. That is what the Sen- that to change the rules, we use a two- tion for him. I heard him say something that ate is about. Now they say no amend- thirds vote, and we have adhered to brought me to the floor, and that is ments. So that begins to cause a prob- that rule. There have been some that it has been the practice of the ma- lem. threats to do the nuclear option, they The majority leader says: You have call it, to use a simple majority to jority leader to seek to pick and choose amendments the minority may offer. to filibuster. You won’t agree to my change the rules of the Senate, but it My question to the distinguished Sen- limited number of amendments. You has not happened. I think that is a dan- ator from Alabama is, does that not are obstructing. I am going to file the gerous thing. overstate the case? Can he identify a bill and immediately file cloture to end I would also ask my colleague to con- time when the majority leader has ever debate. So 30 hours goes by, has the sider that because he is a young and said to the minority party: You can vote to end debate, and says: All this popular Senator, and he is going to be bring up an amendment, but it has to time, the Republicans have been fili- here a long time—longer than I—and he may be in the minority. That might be this one. bustering. The Republicans are ob- The reason I ask that question is be- be a dangerous thought and it may be structing. cause my understanding is that the ef- unimaginable for him today, but it can Mr. UDALL of New Mexico. Mr. fort to control the amendment process President, would the Senator yield for happen. We had 55 Senators just a few by the majority leader has been limited a question I will ask through the years ago. In two cycles, the Repub- to two things: No. 1, the number of Chair? licans went from 55 to 40. amendments, which makes a lot of So I just would say to the Senator, be Mr. SESSIONS. I yield for a question. sense when we consider that the very The PRESIDING OFFICER (Mr. careful about this. I know the Senator small bill to raise the minimum wage CARDIN). The Senator from New Mex- believes in debating, and he is capable that Senator Kennedy offered when I ico. at it, and he doesn’t want to be able to first got here—I was sitting where Sen- Mr. UDALL of New Mexico. The Sen- put us in circumstances that would en- ator CARDIN from Maryland is now pre- ator from Alabama—I think we over- danger that. siding watching this debate take place lapped as attorneys general, and we are The point I was making is this: The on the floor, and they got to over 100 good friends—raised this whole issue, problem in the Senate is not fundamen- amendments on a one- or two-page bill. and he used the phrase, which has been tally the rules of the Senate; the prob- The Senate could never get to the bill frequently used on the Republican side, lem in the Senate is a desire by the if Members had to spend the rest of the that—and we are getting to this place majority to move its agenda with a session going through all these amend- where we have the opportunity to minimum of objection and to eliminate ments. So to limit the number of change the rules. The phrase he keeps frustrating procedures that obstruct amendments seems reasonable. using is ‘‘break the rules to change the their ability to do what they think is The other restriction that I think rules.’’ good for America. sometimes the majority seeks to im- This goes to my question: Is the Sen- But I had that view too. When we had pose is that the amendments be ger- ator aware that under the Constitu- the majority, we wanted to pass the mane. I know when I was working with tion, and specifically article I, section Bush tax cuts, 99 percent of which were a number of colleagues of the distin- 5, it says that the Senate may deter- extended 2 nights ago—the Bush tax guished Senator from Alabama on try- mine the rules of its proceedings? cuts, which were passed for a limited ing to form a bipartisan solution to the As far as I know—and we have a let- period of time—10 years. Why? Because cyber compromise, every time the Re- ter we are going to have printed in the it took 60 votes to pass the tax cuts publicans and the Democrats got to- RECORD later—almost all constitu- and our Democratic colleagues didn’t gether, we would start our discussion tional scholars in this country as well want those tax cuts passed. It was with the same back-and-forth, and that as three Vice Presidents sitting up passed through the budget. We re- would be the Republicans saying—— there where Senator CARDIN is sitting, quested to only do a 10-year budget. So Mr. SESSIONS. Mr. President, re- presiding, have ruled that at the begin- they were passed as part of the budget claiming the floor. ning of a Congress, on the first legisla- process with 50 votes, but they could Mr. WHITEHOUSE. Please do. The tive day, the Senate is allowed to only last 10 years and then they expire. Senator from Alabama has heard my change the rules. And the Constitution So that is the rule. They got extended. questions. trumps the Senate rules in that respect President Obama extended them once, Mr. SESSIONS. This is a good ques- in that very early period. but we got to the end, and they were tion. Let me tell my colleague how it

VerDate Mar 15 2010 01:14 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G02JA6.018 S02JAPT1 smartinez on DSK6TPTVN1PROD with S8650 CONGRESSIONAL RECORD — SENATE January 2, 2013 happens in the real world of the minor- So that is what the Senate is all former attorney general colleague, ity party. about. Talk to people who have been asked the question—when he was an- Senator REID will bring up a bill, and around here, and they will tell you swering the last question I asked—has he will say he wants five amendments. that. I remember standing right there. this constitutional procedure for deter- Senator MCCONNELL will talk to Re- Senator Specter was a great Senator mining Senate rules at the beginning publicans, and they will say: Well, we with a fabulous legal mind. I wanted of a Senate ever been used? Yes, in have 15 amendments. We have a lot of something. I wanted him to agree to fact, it has been used, and it has been things we want to vote on, some of put something in the bill, and he would used a number of times. them germane and some of them not not agree. He did not want any more I would point the Senator from Ala- germane. amendments. He wanted to wrap it up bama to 1975. In 1975, we had the situa- Nongermane amendments are a his- and get the final vote. tion where a number of Democratic toric and critical part of the history of We argued a bit back and forth, and Senators were pushing for a change in the Senate. You two advocates would he looked at me and said, in effect: the rules. The filibuster threshold at never want to give that up. I don’t Well, you are a Senator. If you want that point was 67 votes, unlike 60 think my colleagues would if they have your amendment, you get your amend- today. Actually, that was the time pe- thought it through. And we are not ment. It interrupted his day, his sched- riod when they moved that threshold going to give it up. We are not going to ule. But if I insisted, I got my amend- from 67 to 60. give up nongermane amendments, but ment. You are a Senator; you get your What happened was 51 Senators took there are limits on nongermane amend- amendment. to the floor and three times voted down ments. Well, Senator PAUL, he files a lot of the attempt to move away from chang- So Senator MCCONNELL says: Well, amendments. But he is a Senator. He ing the rules. we have more amendments than that got elected in Kentucky saying he was Now, I would also note that three that we want. going to come to Congress and shake Vice Presidents—sitting up where Sen- Senator REID says: I am filing the up this place. But he does not get an ator CARDIN, the Presiding Officer, is bill, and I am filling the tree, and no- amendment? Senator REID says: No, right now—have ruled that at the be- body is going to get an amendment I you do not get amendments, or you ginning of a Congress—at the begin- don’t approve. only get this one. ning of a Congress—you are allowed, So we said: Well, we have 15. They tried to hold him off from offer- the Senate, 51 Senators, to step for- ing an amendment to cut foreign aid. OK, Senator REID says, I will take ward and say: We would like new rules. four. Do you remember that? He would not What is being advocated on this side Well, I have an amendment on immi- yield. It went on. He was threatened: is putting rules in place and following You are stopping the bill; you are gration. I have one on taxes. the rules for a 2-year period of time. No, we are not going to vote on that going to kill the bill. He would not Mr. SESSIONS. Mr. President, re- back down. one. We will take these three amend- claiming the floor. Finally—finally—they gave him an ments, and that is it. Mr. UDALL of New Mexico. For a 2- amendment. It went down by a big So Senator MCCONNELL and his staff year period of time. And we are not—— vote. It did not pass, but he got to ad- are talking to the Senators, saying: Mr. SESSIONS. Reclaiming the floor, vocate and ask why we were giving aid You have five amendments; I can only because I will yield the floor in a little to a country that was abusing the get you one. He will not accept this bit, and the Senator can have an oppor- amendment. I have been told explicitly rights of its citizens, and so forth. So that is what the Senate is all tunity to talk, but I just want to follow that you will not get this amendment about. That is all I am saying. This up on that. or that amendment. idea of speed is dangerous if it is deny- Was the final vote by two-thirds or That is happening every day. And he ing the right of members to debate and not? will file cloture immediately and say offer amendments—if it is altering the Mr. UDALL of New Mexico. The rule the Republicans are filibustering when nature of this great institution. that was changed, when we lowered—— all we are doing is disputing whether or Colleagues, I think as a practical Mr. SESSIONS. I know we lowered not we get 5 or 15 amendments. What matter we have had good success with the filibuster; a different Congress did. are we here for if not to debate and stacking votes. So if a person wants to My question is, Was it a two-thirds offer amendments? Do my colleagues speak on a bill, they can speak at 6 or vote or not? mean, in the great Senate of the 7 or 8 o’clock at night, and the votes Mr. UDALL of New Mexico. An ac- United States, a Senator can bring up could be held the next morning. It does commodation was reached and—— a bill—maybe small in language, about not take long to have votes, 15 minutes Mr. SESSIONS. Right. the minimum wage, but it is a matter or so to have a vote. We could have Mr. UDALL of New Mexico. And that invokes philosophical disputes—I more votes and people would be satis- when the accommodation was reached, will just say it that way. fied. then the rule was changed. For the bankruptcy bill, I think With regard to nongermane amend- Mr. SESSIONS. I like that. there were 60 amendments on that bill. ments, I would suggest they do not Mr. UDALL of New Mexico. Now, the It was a bitterly contested piece of leg- come up again and again and again. constitutional principle was made, and islation. We had a good number of Somebody campaigned on not giving it has been acknowledged by three Vice amendments. Finally, when the De- foreign aid to Egypt, and they came Presidents, it has been used a number fense bill was brought up after the elec- here and they wanted to have an of times in the past. The reason we are tion just a few weeks ago we were able amendment. No, you cannot have it. doing this, as the Senator from Ala- to get amendments. But still it was Well, they are not going to offer the bama knows, is that the amount of se- less than one would normally expect on amendment on every bill. They are not cret, silent filibusters that have oc- a bill spending $600 billion. Well, at going to offer it every year. They just curred here has been extraordinary. least we got amendments. The bill needed to be able to have the American LBJ had one. HARRY REID has had close came up—it came out of committee people see this Congress vote on that to 400. unanimously. issue. I think we are better off allowing Mr. SESSIONS. Mr. President, re- They would not bring it up before the that to happen than not. claiming the floor. election mainly because we needed to Mr. UDALL of New Mexico. Mr. The PRESIDING OFFICER. The Sen- fix the sequester. Senator REID did not President, I ask through the Chair, will ator from Alabama. want to talk about that, so he refused, the Senator yield for an additional Mr. SESSIONS. I thank the Senator for the first time in 50 years, to bring question? for his advocacy, but I do believe that up the Defense bill. But it finally got Mr. SESSIONS. I will. final vote to change the rule was by a brought up. It went through a fairly The PRESIDING OFFICER. The Sen- two-thirds vote. If you get a two-thirds regular process. People got their ator from New Mexico. vote, you can impose your will—when amendments, and the bill passed over- Mr. UDALL of New Mexico. The Sen- we do it. The question is, Can you whelmingly and will become law. ator from Alabama, my good friend and change the rule by a simple majority?

VerDate Mar 15 2010 01:14 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G02JA6.019 S02JAPT1 smartinez on DSK6TPTVN1PROD with January 2, 2013 CONGRESSIONAL RECORD — SENATE S8651 I would say the Constitution does not leader is consistently using the device Mr. SESSIONS. Mr. President, re- say what the vote level should be, and of filling the tree to block the free flow gaining the floor. it may be possible lawfully to ignore of amendments, to reject certain The PRESIDING OFFICER. The Sen- the Senate rule that says it takes a amendments he does not like, and con- ator from Alabama. two-thirds vote to change the rules on trol the Senate in a way that is con- Mr. SESSIONS. There is no constitu- the first day of session. It may be pos- trary to our history, contrary to our tional power for a leader. I love MITCH sible legally to do that. tradition, and contrary to the public MCCONNELL. He does not get to pick But I would urge my colleagues not interest. my amendments. Where did this come to do that. Just for short-term polit- We are having too much of the ma- from? You just got elected. You have ical gain, we are going to change the jority leader bringing up bills like this ideas. You ought to be able to come historic rules of the Senate, changing last fiscal cliff legislation. I warned down here and advocate for your ideas. the rules of debate in this kind of way? months ago we were going to end up at Traditionally, it has always been any It would be a dangerous alteration of the 11th hour and 59th minute. I wrote Senator can offer an amendment. the nature of the Senate, as so many of in the Wall Street Journal a month As Arlen Specter said to me: Well, I our more seasoned colleagues have ago, they are waiting until the 11th do not agree, but you are a Senator. warned us. I will just urge you not to hour, the 59th minute to bring up the You want your amendment, you get do that. bill so you have no amendments, you your amendment. I will say to both of my fine col- do not even get to read the thing—do That is the way the Senate is sup- leagues that an offer has been made, not even get to read it. You get a sum- posed to work. We will have done some- one I think I am not real happy with, mary of it—have to vote yes or no—or thing dangerous if we get to the point by Senator MCCONNELL. Negotiations we go over the cliff. That is not the where now I have got to go to Senator are under way now to try to resolve way this business ought to be done. MCCONNELL and plead with him, and some of the difficulties that are ongo- So I urge my good, vigorous col- then he has got to go to Senator REID ing. But I would urge you to pull back leagues, who believe in debate and and say, well, Senator SESSIONS wants and not pull the trigger on what has openness, not to shut off debate, not to this amendment, he is insistent on it. been called the nuclear option—to use move in that direction, to focus on an Senator REID would then have to ap- a simple majority to change the rules open process by which these matters prove and then he comes to me and he of the Senate—which could change the are debated openly and the American approves? Where did this come from? I very nature of how we do business and people can determine whom they agree am just telling you—you need to think the qualities of the Senate that make with. about how the Senate is supposed to it different from the House. That is my They might not like what I have to operate. It may take a few more votes; concern there. say. They might vote me out of office. it will take some more votes. But that So the filling of the tree—one more I am sure it would make a lot of people would be better than this process of thing I would like to say about that. I happy. groveling around here, pleading with had a chart on it. I think Trent Lott Mr. MERKLEY. Mr. President, will somebody to give you a minute. used filling the tree eleven times; Bill my colleague yield for a question? Amendments—we have spent days, I Frist, fifteen; it was used one or two Mr. SESSIONS. I will yield briefly think, since both of you have been times by previous majority leaders. for a question without losing my right here—think about it—days—squabbling But it has grown, and Senator REID has to the floor. over amendments and not a single vote filled the tree 70 times already. The PRESIDING OFFICER. The Sen- occurring. Basically, without going into details, ator from Oregon. To my colleague from Oregon, would filling the amendment tree allows the Mr. MERKLEY. I appreciate my col- the Senator disagree with this? majority leader to block amendments. league coming to the floor and starting Mr. MERKLEY. Would the Senator Historically, there was no limit on to talk about rules. As I was listening yield? amendments in the Senate. If a Sen- back in my office to the Senator’s pres- Mr. SESSIONS. Would the Senator ator had an amendment, he came to entation, and he may have enhanced it disagree? the floor and offered the amendment, while I was walking over here, but the Without yielding the floor, I yield for and he would try to be courteous and Senator was noting, essentially, what a question. not abuse his power, but he got a vote sounds like a very one-sided piece of The PRESIDING OFFICER. The Sen- on the issues he believed were impor- the puzzle; that is, that the majority ator from Oregon. tant. leader or the floor manager is in a posi- Mr. MERKLEY. I think my colleague We should not limit that. We should tion of negotiating or restraining what from Mississippi—— not have the majority leader rejecting amendments the minority does. How- Mr. SESSIONS. Alabama. certain amendments because he does ever, the Senator might be unaware Mr. MERKLEY. Excuse me, I am not like them. Really the reason he re- that it is actually two-sided in that it sorry, Alabama. If the Senator listened jects them is they are often tough is traditional for the floor leader on to my floor presentation, he would amendments, uncomfortable votes for the Senator’s side or the minority lead- know I already agree with much of the Members of his conference, and he er, the Republican leader, to also veto what he said. does not want a vote on a tough issue. the Democratic amendments. Of Mr. SESSIONS. I know the Senator So, he blocks it from ever being voted course, I have had untold dozens of my does. on to protect the Members from that. amendments vetoed from being pre- Mr. MERKLEY. And, indeed, I feel we I heard Senator MERKLEY—I see him sented. need to have a process where amend- on the floor—talk about his vision for So you have this negotiation that is ments are considered. In a situation a more open Senate. I have heard him taking place between the leaders on where neither side is vetoing the talk about how he conducted himself as the two sides over what they will amendments of the other, I wanted to the speaker of the house in his home admit. That hits both sides equally, ba- make sure that we completed the pic- State and how it was more vigorous in sically, because your amendments may ture for the public that not only is the debate, in open debate. be ruled out; my amendments may be Democratic floor manager vetoing Re- In sum, my colleagues, this is what ruled out. Your leader may actually publican amendments, but the Repub- has happened: The biggest change by not like your amendment, and may say lican floor manager is vetoing Demo- far, the thing that is causing the angst to you: Well, the other side will never cratic amendments. It is because of in the Senate and disrupting the Sen- agree to your amendment. Actually, it this that the two end up in negotiation. ate—other than the majority’s funda- may be your own leader killing it. That Mr. SESSIONS. Right. I think that is mental determination to avoid respon- may happen on my side too; my leader true. sibility and avoid voting on the tough saying: Oh, no, the other side will Mr. MERKLEY. So I wanted it to be issues of this country; and that is a big never negotiate over your amendment. clear it is bipartisan. one, and I have detailed that—but the They will never agree to it. Maybe it is Mr. SESSIONS. Reclaiming the floor, fundamental thing is, this majority on my own side. I think the Senator is correct. I would

VerDate Mar 15 2010 01:14 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G02JA6.020 S02JAPT1 smartinez on DSK6TPTVN1PROD with S8652 CONGRESSIONAL RECORD — SENATE January 2, 2013 say both—it is not good. Why should right thing to do. But I didn’t like it they are helpful in moving us forward, they be picking your amendments? because I didn’t get to read it suffi- and I hope very much that we can find Why should Senator MCCONNELL be ciently. I didn’t get to know what was a way to go forward without having to picking your amendments? It is flab- in it sufficiently. It had things in it I use the constitutional doctrine that at bergasting to me about how we came to didn’t like. But in the long run I the beginning of each Congress the this point. It is like a frog in the warm- thought it was going to be best for the Senate has an opportunity to adjust its ing water. You have come to the proc- country to move this issue behind us rules with 51 votes. I think that is con- ess in the middle of it where the tradi- and move on, so I would say that also. stitutional doctrine at this point. tional rights of a Senator have been The majority leader’s sole power and I reject the notion that it is breaking eroded, and you are trying to deal with strength comes from the ability to be the rules to take advantage of that that situation and craft a solution that recognized first. The majority basi- constitutional moment. But the Sen- is dealing with an alteration of our his- cally selects Senator CARDIN to pre- ator makes a fair point that from a torical procedure. We should go back to side. They trust him to preside. When point of view of precedent—very dif- those. the majority leader hits the floor, Sen- ferent than breaking the rules, but When I asked the question about ator CARDIN is going to recognize the from the point of view of precedent—it time—and how few amendments we man who selected him. The majority sets a new standard that we should be have and actually get votes on—I think leader of the majority party and all the very cautious about going to. people should understand what I am presiding officers are members of the I strongly support the Senator’s rec- saying. The Senate will not slow down. majority party—and I used to preside ommendation that there needs to be a It will not slow down if we have amend- in that fashion when we had the major- more vibrant amendment process. I be- ments. Most Senators will agree to ity. That is the way the system works. lieve the status of the discussion is re- make their arguments at a time when I would conclude by telling my col- garding the filibuster on the motion to something else isn’t happening on the leagues I have enjoyed this discussion proceed, that if the majority leader is floor. They get their vote, maybe the and leave one bit of warning. If this able to move to procedure without a next day. I don’t think that is the prob- were to go to the nuclear option and filibuster, there will be amendments lem. The problem is leaders want to substantial changes were made to the under that rule. I think that is an im- control the debate. I think those of us free debate and the free right to amend portant qualification as we go forward. underlings sitting at the kiddie table, in the Senate, this will not be accept- Mr. SESSIONS. Mr. President, would as somebody said, need to get in the ed. It will be a historic and dramatic the Senator yield briefly? game. change in the nature of the Senate. Mr. WHITEHOUSE. I yield for a ques- There is no constitutional power This Senate—I have now talked to tion. given to the majority leader or the mi- Members—will not go quietly. It will The PRESIDING OFFICER. The Sen- nority leader. It is a matter of cour- not be treated as a legitimate change. ator from Alabama. tesy. As far as I am concerned, they We will resist in every way possible, Mr. SESSIONS. I will tell the Sen- work for us. They work for the Mem- and we will have a most disagreeable ator my concern and ask the Senator if bers of the Senate. We don’t work for and difficult time in the body. So I he has a thought about it. I am uneasy them, they work for us. They are sup- would urge my colleagues, keep work- about giving, for the first time, explicit posed to facilitate our rights as Sen- ing with this compromise and maybe power—— ators. We have acquiesced and allowed something could come out of it. Every- Mr. WHITEHOUSE. Mr. President, an erosion of those rights. body can accept advancing some of the may I reclaim the floor for one mo- A person is not going to offer his ideas you would like and maybe deal- ment? I will yield the floor, not just for amendment every month, every year. ing with some of the concerns I would a question—I will yield the floor to the In a 2-year term, Senator PAUL stood like. Senator from Alabama with the under- in there and finally got his amendment One more example of how this polit- standing that I will be recognized at on foreign aid to Egypt. He is not going ical body should operate was the Demo- the conclusion of the point he makes, to offer it again next week. He had his cratic majority—the minority, when so he does not have to frame it in the vote and he lost. President Bush was elected—decided to nature of a question. I think there is just as much a hulla- filibuster Federal judges for the first The PRESIDING OFFICER. Without baloo about nothing if we would turn, time, systematically filibuster them. objection, the Senator from Alabama is quit filling the tree, quit attempting to They were holding up nine, I believe, recognized. control the flow of amendments in this judges of high order. It went on for Mr. SESSIONS. My concern, which I body, we would shock ourselves how weeks, over a year, as I recall. Senator have expressed in my conference, is I much better this body operates. I am Frist threatened that they would use don’t like the idea that we codify in tired of having to ask people for per- this procedure, or something like it. the rules explicit supersenatorial mission to file an amendment. That is The result of that was a Gang of 14 power to a chairman and a ranking where we are, and you should not have reached an agreement and said there member of a committee, and we have to do it. wouldn’t be a filibuster of judges ex- almost no recognition in our rules of The majority leader has got 1 vote cept in extraordinary circumstances. the majority leader. This is a tradition; out of 100, and I have got 1 vote out of So the nuclear option never took place, this is a way we operate. 100. They meet in secret; they plot this the rules were never changed, but Each one of us is 1 of 100. We are bill on taxes. It comes up at the 11th Members of the body in a collegial equal in our responsibilities and in our hour. We don’t get to read it and we fashion agreed that, okay, we won’t ultimate voting power if we don’t allow don’t get to amend it. Every Senator eliminate filibusters entirely, but we it to be eroded. As I understand the here and their constituents has been will only do it in extraordinary cir- rule, there would be four amendments, diminished in power by having that cumstances. you know, guaranteed up front by lead- happen. We have got to stand up, all of I think the best wisdom at this point ers. Think about that, as I know you us, Republicans and Democrats, lib- is to draw back from the nuclear op- will be active, both of you, in the dis- erals and conservatives, and defend the tion to see if we can improve the way cussion of how to write these com- system. It will be better if we let it run the Senate works and at that point we promises, and I am hopeful we will as it is supposed to run—good debate, could perhaps improve the institution reach one. But I wouldn’t, in a non- good amendments, stand before the without endangering its fundamental partisan comment—I am not sure we American people, be accountable for character. ought to further embed in our rules su- what you did, and go back home and Mr. President, I yield the floor. perpowers to one Senator or another defend your record. The PRESIDING OFFICER. The Sen- group of Senators. Has the Senator I know there are some tough votes. It ator from Rhode Island. thought about that? was a tough vote for me last night. I Mr. WHITEHOUSE. Mr. President, I yield the floor. voted for that bill. I am not sure I did let me thank the Senator from Ala- The PRESIDING OFFICER. The Sen- right, but I was confident it was the bama for his comments today. I think ator from Rhode Island.

VerDate Mar 15 2010 01:14 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G02JA6.022 S02JAPT1 smartinez on DSK6TPTVN1PROD with January 2, 2013 CONGRESSIONAL RECORD — SENATE S8653 Mr. WHITEHOUSE. I appreciate the not a great dispute over that. That is Mr. WHITEHOUSE. Yes; that is abso- point the Senator from Alabama is cloture being used for obstruction and lutely true. It is hard to amend a commenting on, and I think it is im- to, I believe, take those 30-hour blocks judge. portant that we recognize that is a of cloture time and stack them up into Mr. MERKLEY. Is the same true of floor or a minimum number of amend- a wall of obstruction. efforts to get to a conference com- ments and not a ceiling. I think the I will say one final thing and then I mittee after we have already passed a more we can allow Senators amend- will yield the floor. The good Senator bill and all the amendments have been ments, the better institution this will from Alabama mentioned the budget previously considered? be. process, and he is our ranking member Mr. WHITEHOUSE. That is also true. That said, the calendar is unyielding. on budget, so he knows this very well, In fact, I believe there have been mul- Days come and days go, Congresses but I have to dispute his description of tiple filibusters of the various steps on end, work periods end. The majority the budget not passing and of why the the way to a conference committee, leader and minority leader have the re- majority leader said it would be foolish even after all amendments have been sponsibility for trying to fit the work to have a budget. considered. So the Senator, I believe, is into those time periods. Clearly there The reason it would have been foolish correct. is the prospect of vexatious amend- to have a budget is because we had a Mr. MERKLEY. Is the same true on ments, either in nature or in number, budget. In the ordinary course, a budg- both conference reports and final pas- whose purpose is to interfere with their et is developed from the committee up. sage? Neither of those involve amend- ability to manage the floor in a sen- We start in the Budget Committee. We ments, but have there been extensive sible way for all of us. I think we do propose a budget. It then goes to the filibuster efforts to keep this body have to be prepared to defend against Senate floor. We have budget day, from ever being able to complete one that, and I think number and germane- which is often irreverently called a piece of business and move on to the ness are the usual touchstones. vote-arama, where we vote and vote next? The story I was telling, when the and vote on amendments, and we ulti- Mr. WHITEHOUSE. I think that is Senator from Alabama reclaimed his mately get a budget. A similar process true, and nobody is more alert to this time, was of the cyber negotiations. happens in the House. The President than the Senator from Oregon, but it is When the Republicans and Democrats then has a budget to work with and we my belief there has been a little trans- met together, the opening moment of go forward. formation in the nature of the fili- virtually every discussion was the Re- In this case, because the question of buster. It always used to be the indi- publicans saying, when we get this bill the Nation’s budget is such a hot polit- vidual right of individual Senators to to the floor, there will be amendments, ical issue, the budget was negotiated at get up on their feet and to say their correct? We were saying, absolutely, the very top, between the President piece, to hold the floor for as long as that is our understanding, we will and the Speaker and the Senate leader- they needed to and to speak them- stand by you having your amendments, ship, and it was passed into law. We selves—to read the Bible, to read the but let us have them be germane, let us didn’t pass a budget; we passed a bill. Constitution, to read the phonebook— have them be relevant to cyber. That We passed a law, and the law set the into exhaustion. They did so when they was always kind of a mutual agree- budget. So when your budget is being felt deeply about an issue, when they ment going forward until a Senator set by law, yes, it is a little foolish to were deeply opposed to something on came to the floor and gave notice that go through the process as if none of the floor. they would insist on a repeal that had happened and try to build a Then cloture came along and it es- ObamaCare amendment on any cyber budget from the ground up when it has tablished a 30-hour block of time for bill. That threw a pretty big spanner already been established by law and debate. But, tellingly, it didn’t require into the works of what I thought was when we wouldn’t change it with our anyone to do any debating during those moving toward a good bipartisan solu- budget procedures. It has already been 30 hours. My belief is the minority tion there. established by law, by negotiations at party figured out if they filibustered I think we have real problems here in the highest level. everything, including very popular terms of the abuse of the filibuster. So I think that is why it was foolish. bills and amendments and judges that When the majority leader can say that I think the budget process will con- normally pass with huge majorities— Lyndon Johnson as majority leader tinue to go forward in circumstances in up in the nineties—then each time the faced 1 filibuster, and this majority which we are building a budget from majority leader has to file cloture we leader has, I think he said, 291 times— the ground up, the way we do in the or- end up with another 30-hour block of 391 times had to file cloture, that is a dinary course, but I do think it was im- floor time that can’t be used for any- pretty big change. portant to clarify that. thing productive. If that is done hun- When you see judges who have been With that said, I yield the floor. dreds of times, that becomes thousands cleared in the Judiciary Committee The PRESIDING OFFICER. The Sen- of hours of floor time, and it is very unanimously sitting on the Executive ator from Oregon. often why people who are watching us, Calendar in what has become a hostage Mr. MERKLEY. If my colleague from expecting to see debates on the floor, pool for purposes of trading—these are Rhode Island would be willing to yield see the tedious quorum call. They see judges who are ready to go, and there for a question, I do have a question for our wonderful floor staff quietly read- may very well be a judicial emergency him. ing the names of the Senators as the in their district; they have Republican Mr. WHITEHOUSE. I believe the Sen- quorum call drones on and nothing is and Democratic support, and they are ator has the floor, but I will stay and happening. held hostage to be used as trading engage in a brief colloquy, if that is the That puts immense pressure on the pieces on either judges or other Senator’s desire. majority because they now have less issues—I think that is a very poor way Mr. MERKLEY. We heard a few mo- and less and less time to work with be- to go about doing business, particu- ments ago from our colleague from cause these 30-hour bites of time over larly when you consider where that Alabama that the problem of the Sen- and over again have been taken out of leaves an individual who has put their ate being able to process bills is com- the year and it makes doing business life on hold waiting to see if they will pletely as a result of the inability to very difficult. be confirmed, and all they are is a offer amendments. There are certain That, I believe, has been the trans- pawn in a chess game, even though ev- things that don’t seem to quite square formation. We have changed from erybody thinks that substantively they with that. being a Senate where an individual are qualified and should serve as For one, is my recollection correct Senator has the right to get on his or judges. that we have had quite a few filibusters her feet and oppose anything with a fil- You see situations in which we have on judges where no amendments are ibuster for as long as they can stand on a cloture fight and then, when we actu- relevant? their feet to a Senate where the minor- ally have the vote, the measure passes The PRESIDING OFFICER. Without ity filibusters everything, creating with 90-plus votes. Clearly, there was objection, the Senator may proceed. these 30-hour blocks of dead time

VerDate Mar 15 2010 01:14 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G02JA6.023 S02JAPT1 smartinez on DSK6TPTVN1PROD with S8654 CONGRESSIONAL RECORD — SENATE January 2, 2013 which puts great pressure on the body Mr. UDALL of New Mexico. I thank But I want to engage in this colloquy to try to get things done in the time my colleague very much, and let me with my colleague from Oregon, first of that remains. That is my view of why say to my colleague from Oregon, who all, on this issue of the constitutional we are where we are and why it is im- has been a real leader on this, he has option and in terms of utilizing the portant to change the rules. been diligent, he has studied this, he constitutional option at the beginning I will yield after saying I do think cares about it, and he has been a great of a Congress; putting the rules in the Senator from Oregon and the Sen- partner. The packages that were voted place and then following the rules ator from New Mexico have done this on the last time we helped put those throughout the Congress. I ask my col- body a great service by their leadership together—and there were two very sig- league: Isn’t that the way we are in- on pressing forward on rules changes. I nificant votes, as Senator MERKLEY re- tending to move? think it is very clear that however this alizes. We came very close. We had 44 Then, secondly, the heart of the mat- ends up turning out, the majority lead- votes for a package that would make 4 ter—and this is where Mr. MERKLEY, er has 51 votes for a change to put the or 5 changes and then his package on the distinguished Senator from Oregon, Senate back on a footing where it is be- the talking filibuster, which was in- has been instrumental in terms of help- having as a Senate again and we are cluded in both packages, received 46 ing us deal with the dysfunctional fili- not spending our time in the dead zone votes. That showed that if we had the buster system we have right now—we of endless quorum calls. opportunity at the beginning of a Con- have a secret filibuster. We have a si- I yield the floor. gress to change the rules under the lent filibuster—in fact, we have way Mr. MERKLEY. I thank my colleague Constitution, we were very close to the too many filibusters. Just to give a lit- from Rhode Island for his very lucid 51 votes. tle comparison, when LBJ—Lyndon commentary. I just want to comment on what my Baines Johnson—was majority leader We do have a responsibility to enable colleague from Rhode Island said ear- for 6 years in the 1950s, he had one clo- this body to debate and decide issues in lier—Senator WHITEHOUSE—and repeat ture motion filed—one filibuster. order to address the big issues facing that because we have been counting HARRY REID, whose office is just a few America. It certainly is not the case the votes over the last couple months. feet from here, as the President pro that we have been fulfilling that re- We have been trying to determine if tempore knows, comes to the floor and sponsibility. This is why the popularity the votes are there in order to be able he has had close to 400 filibusters in his of the Senate and the House has to change the rules, and we know at 6 short years. So they have gotten dropped to incredibly low levels, be- the beginning of a Congress that we completely out of hand. cause people see there are big chal- need 51 votes. One of the things I want to talk to lenges in America—big challenges I also want to respond to several my good colleague, the Senator from about investment and infrastructure, things that were going on here earlier Oregon, about, in addition to this con- big challenges about the management on the floor. Several Senators made stitutional option—the small window of our military policy and our military statements, and several of those state- we have tomorrow on the first legisla- provisioning, big challenges in regard ments were from the other side. I be- tive day—is also how do we remedy to the environment, in regard to lieve they should be responded to be- this situation in the Senate? Everyone health, and certainly big challenges in cause we are in this crucial phase in acknowledges the Senate has become regard to education. So no matter how terms of adopting the rules. dysfunctional; that we are not doing long the list gets, we just get more and The first issue that comes up is this the work of the American people. We more and more paralyzed and unable to issue of breaking the rules to change hear our Republican colleagues say address anything in this body. the rules. This has been what has been they do not like the way it is working. Tomorrow is the first day of the next repeated numerous times in the last So I ask: What is the best way to get to legislative session and my colleague couple months with our Republican the heart of that? Is it the talking fili- from New Mexico has arrived and I ask friends and colleagues coming to the buster? Is it trying to change the rules unanimous consent that we be allowed floor. They use the phrase ‘‘break the on the motion to proceed? How do we to engage in a colloquy. rules to change the rules.’’ get at the heart of what the problem In fact, when we use the Constitu- The PRESIDING OFFICER. Without is? objection, it is so ordered. tion, there is no conflict with the Sen- I yield for my colleague. f ate rules because three Vice Presidents have ruled from the chair, where Sen- The PRESIDING OFFICER. Without EXTENSION OF MORNING ator CARDIN is now sitting, that at the objection, the colloquy is extended. BUSINESS beginning of a Congress, on that first Mr. MERKLEY. I thank my colleague Mr. MERKLEY. Mr. President, I ask legislative day, we can change the from New Mexico. I am going to be unanimous consent that morning busi- rules, and we do it pursuant to the Con- very brief, because in 2 minutes I am ness be extended until 4 p.m., with all stitution. taking the chair so my colleague from other provisions remaining in effect. The Constitution, at article I, section Maryland can continue with his sched- The PRESIDING OFFICER. Without 5, says the Senate can determine the ule. objection, it is so ordered. rules of its proceedings. Every con- Indeed, the silent secret filibuster Mr. MERKLEY. So my colleague stitutional scholar I know of who has that is occurring in the Senate today is from New Mexico has made this power- looked at this realizes that is the win- deadly. What it means is that after ful case about our responsibility and dow—that first legislative day—in there has been a vote of 41 who say we about the opportunity provided under order to deal with the rules. So when, want more debate, there is no more de- the Constitution, and I have been im- in fact, we legislate on that day in a bate because no one is required to de- mersed in trying to wrestle with the rules context, we are not breaking the bate. Instead, they don’t want to ap- components of how we actually seize rules; we are creating the rules for the pear in front of the American people that opportunity in terms of the sub- coming Congress—in this case, the and make their case, and that is out- stance, the material we put together to 113th Congress. We are creating the rageous. If you are voting for more de- make this body work better. But the rules that will govern. bate and you are going to take up the important thing is that tomorrow this Do I think we should use the Con- time of this institution, time it could begins. stitution to change the rules every be using to address many of the chal- In that regard, I yield to my col- couple weeks after we put rules in lenges that face America, then you league from New Mexico, who has been, place? Of course not. That is not fair to should have the courage of your con- again, at the forefront of calling for us do. We would never be advocating for victions to make your case on this not to bypass this opportunity to have adopting rules and then changing them floor before your colleagues, before this body engage in the debate and fig- every couple weeks or every couple your constituents, before the American ure out how we can change the way we months. In that situation, there is a public, and engage in that dialogue. If work so we can do the people’s work as high threshold to change the rules, as you don’t feel you want to spend the is expected. it says in the Senate rules. time and energy to do that, then you

VerDate Mar 15 2010 01:14 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G02JA6.024 S02JAPT1 smartinez on DSK6TPTVN1PROD with January 2, 2013 CONGRESSIONAL RECORD — SENATE S8655 should stand aside and we should pro- Mr. UDALL of Colorado. I yield for hasn’t been the problem. The problem ceed with a simple majority vote and the Senator from Maryland. has been that a certain number of address the issue at hand. Mr. CARDIN. Mr. President, I thank Members have used their right to ob- I do think we need to address that si- Senator UDALL for taking the time and ject, working through the Republican lent filibuster, that secret filibuster. for his commitment to this institution leader, blocking us from considering a The American people deserve to know so that it operates correctly. I thank lot of bills on the floor of the Senate. why it is we are not getting their work Senator MERKLEY for his leadership. So what do we need to do? We need to done. And if they can see that it is I agree with both Senators. If you are be able to first move legislation for- being blocked by a group that is pub- going to engage in extraordinary ac- ward. We need to be able to bring bills licly making their case, they can ei- tion such as a filibuster, you should be out of our committees and have them ther agree with them and say, That on the floor talking about it. That on the floor for debate, get on the person is a hero, they are standing up makes sense, that when the Senate is amendment process. to some core principle and we salute in session, we should be conducting We just took up the National Defense their efforts, or they can say they are business. We shouldn’t have to go Authorization Act. We used that proc- a bum, because all they are trying to through extensive quorum calls be- ess. It worked. That bill passed the do is paralyze the Senate, they are not cause a single Senator is objecting to Senate by an overwhelming number. making any valuable points. And that us proceeding. We want to get back to We considered many amendments. By feedback I think will help us resolve the traditions of the Senate where this the way, every amendment was consid- some of those filibusters. becomes the greatest deliberative body ered by a majority vote. That is how In some cases folks have said, Well, in the world, where we debate issues this should work. Majority rules should isn’t that going to eat up more of the and we resolve issues and we act on rule on the floor of the Senate. I agree Senate’s time? And I respond, No, it is issues. with all of that. not. Because we are talking about what I was listening to the distinguished The first order is to be able to bring is now silent and hidden but paralyzing Senator from Alabama, and he was bills to the floor in a more efficient us being done in public, where there is pointing out how he believes that the way. The second problem we have, actually a dialogue about the issue at Senate is not working the way it quite frankly, is that the Republicans hand and the public can participate. It should and that we should be debating have blocked the ability to orderly is not the only thing that should be more amendments. I think we should consider the nominations of the Presi- done, but it certainly is a key part of be debating more amendments. I think dent, whether they are his Cabinet or the formulation. the key we need is that we need to subcabinet positions or whether they With that, in an hour or so I would be change the way the Senate has acted are the article III judges. In many happy to rejoin the conversation. and operated in recent times, and that cases, once we get to the nomination it I yield the floor for my colleague means we need to get more legislation passes by an overwhelming majority. I from New Mexico. more quickly and actually debate bills. can’t tell you how many nominations The PRESIDING OFFICER. The Sen- We have to have committees able to re- have been approved basically by voice ator from New Mexico is recognized. port out legislation that could be acted vote in the Judiciary Committee that Mr. UDALL of New Mexico. Mr. on on the floor of the Senate. We have have had to wait months for consider- President, I thank the Senator from got to bring issues to conclusion. ation on the floor of the Senate. In my Oregon, because he has elucidated here There are two problems here, as I see State of Maryland we had several the real issue that we face as a Senate. it: One, we have had individual Sen- nominees, not controversial at all, who The Senator from Maryland, who is ators who have used their right to ob- had to wait month after month for con- presiding, knows well. He has worked ject to a unanimous consent, delaying firmation before they could sit as a dis- on the rules, and I hope he will join me almost indefinitely—in some cases kill- trict court judge. here for a minute to talk about the ing—legislation from being able to First of all, it is unconscionable to rules situation we are in and where we move forward by a single objection, make people wait when we need to are headed. and a lot of times they are not even on have judicial positions filled. Secondly, There are several issues that are be- the floor of the Senate to make that it is affecting us getting the very best fore us: How do we move into a more objection. They just through their people to step forward to serve, because deliberative body? How do we move to leader say, We don’t want this bill to do they really want to go through that the point where we get on to legisla- move forward; and maybe, yes, we will type of uncertainty, not even clear tion, that we have amendments, we let let it move forward if you will let us whether the Senate will act on their everyone be heard, we let the minority have 50 amendments. That is the same nomination before it adjourns? So the be heard, and also at the end of the day as killing the bill. second issue is we have to act on nomi- be able to get to a majority vote? That So we have seen individual Senators nations in a more efficient way. is the way the Senate used to proceed, exercising their right to object who The third—and I agree with my col- and now we have one Senator holding have brought legislation to a standstill leagues here. Ultimately, the majority up the whole show. on the floor of the Senate. That is of this body should be able to move leg- Frequently you will have a Senator wrong. And as my distinguished col- islation. And at a minimum, I agree, if who will block hundreds of bills with league, the Senator from New Mexico, you are using an extraordinary meas- these secret, silent filibusters. We pointed out, the majority leader has ure as a minority to block legislation, shouldn’t be allowed to have that kind had to file record numbers of clotures you should be on the floor of the Sen- of situation with any Senator, and we to end debate because the minority ate speaking on that issue. Your re- need to give up that little bit of power party, for whatever reason, has not al- sponsibility should be to talk. If you to make the institution itself a better lowed us to proceed with legislation for are using a filibuster, you should be institution. This institution is a great debate. there engaged in that filibuster. institution. It has a lot of very capable Normally the majority party has the I think these are reasonable reforms people in it. But it is not responding to right to determine the agenda of the that we should try to move forward. what the American people want us to Senate. They don’t have the right to This body operates on a lot of unani- do. That is why we address the rules at pass bills; that is up to a majority of mous consents; we move a lot of legis- the beginning of every Congress and the Senate. But the majority leader lation. We have what is known as the why we should address the rules at the should have the right to bring a bill to hot line, where at the end of the day we beginning of every Congress. the floor of the Senate. That has been try to clear bills and then the leader I ask unanimous consent to allow my denied over and over by the minority brings them to the floor for consent or friend, the Senator from Maryland, and party. That is wrong. voice vote. At times there are Members I to engage in a colloquy. I agree with my friend from Alabama who put a hold on a bill, and we have The PRESIDING OFFICER (Mr. that there should be the right to offer had Members who put holds on hun- MERKLEY). Without objection, it is so amendments. I think we should debate dreds of bills. They should come to the ordered. issues. I agree with that. But that floor to object. In many cases these are

VerDate Mar 15 2010 01:14 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G02JA6.026 S02JAPT1 smartinez on DSK6TPTVN1PROD with S8656 CONGRESSIONAL RECORD — SENATE January 2, 2013 not broad bills. These are bills that af- should be. I don’t think there is a sin- ess is broken, that we need to move fect perhaps land in New Mexico or es- gle Member of the Senate who believes forward, to find a way so we can get tablishing a national park in Maryland that we conducted business in the best up-or-down votes on some of these that have gone through the whole com- traditions of the Senate during these nominations, whether they be judicial, mittee process and we have worked out past 2 years, and that has been because whether they be people who are going all the cost issues so there is no cost we have seen the abuses of individual to serve in these Cabinet agencies? involved. They have passed the com- Senators holding up bills and not being Mr. CARDIN. I thank the Senator for mittee by overwhelming majority able to debate issues. We have to over- raising the issue. Let me tell people votes—in most cases unanimous votes. come that. I think we have a chance to what happens all too frequently in this But now you need to move them for- do that at the beginning of the 113th body. The President will nominate a ward so we put them on the hot line, Congress, which will start in less than person to be at a Cabinet-level or sub- and we don’t even in some cases know 24 hours from now. I am pleased that Cabinet-level position that requires who is objecting. The Senator who ob- the three of us will all be in the Senate confirmation of the Senate. Individual jects should come to the floor of the in the 113th Congress, and I hope we Senators say: I have a problem. Maybe Senate and object and give a reason. I will have a chance to resolve these it is the person in the health depart- know we got rid of the so-called secret issues because I think it is critically ment. I have some problems in the holds, but they still exist today. We important for the people we represent health department that I would like to should operate with Members being in our respective States and in the see paid attention to. It has nothing at here on the floor conducting business, country. all to do with the nominee. In fact, get- not in their office either in the Capitol Mr. UDALL of New Mexico. The Sen- ting a confirmed person in that posi- or in their home States. They should ator from Maryland hit on a couple of tion would be very important to get- be here on the floor of the Senate if incredibly important points here, and I ting those issues resolved. The Senator they intend to exercise their right to hope he has a minute or two to further uses what is known as the courtesy of object, and then give us an opportunity engage in a colloquy. a hold to hold up that position in order to work that out so we could move leg- First of all, we shouldn’t be saying to try to get changes made in that islation more efficiently. all the credit goes to me or to the Sen- agency. That may take a week. That The bottom line, what we need to do, ator from Oregon. Senator CARDIN, the may take a month. That may never be is make this system work more effi- Senator from Maryland, participated resolved. In the meantime, we are not ciently. This is the greatest delibera- very actively 2 years ago in the key acting on many of the positions that tive body in the world. We should be group of Senators who were trying to require confirmation from the Senate. debating issues. That means bringing understand what the rules were all I think we are down to about 500 posi- bills to the floor in a more timely way, about, why the Senate wasn’t func- tions now that require Senate con- getting on amendments in a faster tioning, and how do we get to the point firmation. We streamlined that in the way, voting and debating issues for the of drafting a package and working out last Congress. We eliminated some that American people. a package to make it happen. I con- required the confirmation of the Sen- I applaud the Senators from New gratulate him for that. ate. That was a good change we made 2 Mexico and Oregon. They have taken I want to also congratulate the Sen- years ago. That worked. We now have the leadership on bringing this to the ators who have worked on this from somewhere around I think 500 or 600 po- attention of the American people. I about 2006 on. Those Senators have sitions that require Senate confirma- think for too long a period of time come in and they have seen the Senate tion. Americans didn’t focus on this issue. not be the way it should, not maintain- Let me give a little arithmetic here. Well, they are focused on it today. ing those traditions of debate and dis- If the majority leader has to bring a They understand that a lot of the bills cussion, and then finally, at the end of cloture motion in order to break an in- they wanted to see passed in the 112th the day, acting on those important dividual hold of a Senator on those 500 Congress didn’t get passed and they problems. nominees, the Senate will do nothing want to know why we didn’t even de- The Senator from Maryland knows but nominations. We will not be able to bate those issues. that history. I appreciate exactly what do any other business because, as you Let us reform our rules and proce- he said. It should be bipartisan. As he know, it could take up to 30 hours of dures on the floor of the Senate to re- knows, what frequently happens postcloture time to consider just one flect the best traditions of the Senate. around here is that when you get close nominee. So under the current rules of That is what the Senator from Oregon, to having 51 votes—which we have the Senate, if one Senator wants to the Senator from New Mexico, and oth- today, we have 51 votes, and the major- stop the confirmation process, that ers are trying to do. ity leader has 51 votes to be able to Senator can basically stop it and bring The Senator from Alabama talked walk down here and say: These are the it to a halt. That has happened. We about restoring the traditions of the rules we want, and to do it. When the have seen that happen too frequently. Senate. I hope we can do it in a bipar- reality sets in on the Senate that we One of the suggestions that has been tisan manner. That is the way it should have 51 votes, then people start think- made is that when we have these con- be done. We should come together to ing, how do we want to put this to- firmations that have been approved by preserve the institution. It should gether? the committee, allow us to bring them work whether the Democrats are in the A bipartisan tradition is important. to the floor and certainly eliminate or majority or the Republicans are in the We have—the Senators from Oregon, restrict the postcloture time because it majority. The same rules should work. Maryland, myself—we have all invited is not used other than for a delay pur- Whether we are in the majority or mi- our Republican friends and colleagues pose. In that way, we can bring forward nority, we should believe that we forward, saying: Engage with us to get nominations more efficiently. If there should come to the floor of the Senate back to the point where this Senate is a serious problem, let a Senator reg- to debate the issues that are important can operate in a bipartisan way with ister the problem. Let a Senator come to our constituents. respect to the rules and with respect to to the floor and speak about the per- I thank again my friend from New the substantive legislation. son. But we have not had discussions Mexico for allowing me to engage in What I want to ask the Senator from on the floor. this colloquy with him. I applaud him Maryland has to do with the Presi- It is interesting—when we finally again for standing up on this issue. I dent’s team. We only have one Presi- break that hold and the nomination know it has been difficult at times dent at a time. We have Barack Obama comes forward, we finally get a cloture when many people come over and say, in as President. He was reelected. He motion passed, the debate time is vir- Why are you trying to change the tra- still has people from this Congress—a tually zero. There is no debate time ditions of the Senate? The truth is we large number of judges, of nominees— needed for these. It is not as though are not trying to change the traditions who are held up for months and Senators are delaying it because they of the Senate. We are trying to restore months. Does the Senator from Mary- need debate time. These are strictly the Senate to the type of body it land believe that the nomination proc- dilatory actions.

VerDate Mar 15 2010 01:14 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G02JA6.027 S02JAPT1 smartinez on DSK6TPTVN1PROD with January 2, 2013 CONGRESSIONAL RECORD — SENATE S8657 For the sake of any administration, and he told the gentleman: This is a The same thing is true of Cabinet po- whether it is a Republican administra- long process, it is laborious, it is tedi- sitions. If you are an expert in securi- tion or Democratic administration, ous, and it will probably take you a ties issues and we want to get you on whether it is the first term or second year if you are willing to go through the Securities and Exchange Commis- term, that President should be able to this. When the judge finally agreed, it sion and you have to be out there for 6 get his or her team in place. Yes, we took 2 years from the time the Presi- months, what is it going to do for your should take seriously the advice and dent put him forward until he was ac- business? Can you do your profession? consent of the Senate. That means we tually on the bench. It is just not right. I think people are should vote on those nominees. If there I ask the Senator from Maryland, willing to be subjected to the scrutiny is a serious concern, let’s vote on it, does he think people are going to put of advice and consent. They understand and if we want to filibuster it, be on themselves out there, and doesn’t this that. What they do not understand is the floor debating why. discourage good people from getting dilatory delay, and that is what has to We think the minority has a respon- into public service? Don’t we want the come to an end. sibility—or in some cases it could be a very best and the brightest on our I thank my colleague for raising minority within the majority—to benches and in the executive branch those issues. argue why we believe it is important to working for the American people? Mr. UDALL of New Mexico. I thank bring this matter to the attention of Mr. CARDIN. I can tell my friend the Senator from Maryland. He is pas- the American people. But don’t con- from New Mexico, that is happening sionate about this, and he has ex- tinue the practice that has been used today. I have talked to people in Mary- plained it very well. I ask any Senator in recent times where nominations are land who are very reluctant to put to look at this Executive Calendar delayed months and sometimes indefi- their names forward because they do today. We are doing exactly what my nitely because of basically unrelated not want to put their families and grandfather advised against when he issues or the will of the minority or a themselves through the uncertainty. said that if the good people do not go Let me tell you what happens. Let’s number of Senators—in some cases, into public service, the scoundrels will say you are a distinguished attorney in just a handful. That should not happen. take over. You get second-class govern- a law firm and we would love to get We should be able to do these more ef- ment. You don’t get good people. We you as an article III judge, so we con- ficiently. are discouraging good people from vince you. You are the most distin- We have a recommendation for this, going into the government with the guished person for this job, the person and it is very simple: Let’s eliminate procedures we put them through, with everybody wants, not partisan at all, the postcloture time. That way, we the length of time of this delay. This is no controversy. The Bar Association would be able to bring the nominations will give you the highest ratings. You not what we should be doing in the to the floor and act on them in a much have already been vetted through the Senate. I yield. more timely way if there is really an FBI process. There is nothing in your Mr. CARDIN. I ask my colleague—I issue about getting a vote on a nomi- background that would raise a concern daresay most people in this country do nee. There are ways we could do that, with anyone. But you look at the cal- not know what a motion to proceed is but it should be part of the reforms of endar here and say: If I go through all about. They do not realize the ma- the 113th Congress. this, I am going to be on this calendar I thank Senator UDALL for bringing for at least 6 months, it looks like. jority leader cannot bring a bill. A bill up that issue. That is a very important What does that do to my law firm? Can might be reported. We might have a issue for any administration, whether I try cases? What do I do for the next farm bill or a Defense authorization it is a Republican or Democratic ad- 6 months? It is not fair to me, it is not bill or we might have a bill coming out ministration. It is hard to hold an ad- fair to my law firm, and it is not fair to that reforms some of our judicial ministration accountable if they do not my family. So you are not going to put codes. It comes out of the committee have the confirmed top leaders of their yourself forward. with a bipartisan vote. I think our con- team. Let me tell my colleagues about an- stituents will be surprised to learn that Mr. UDALL of New Mexico. The Sen- other problem. In many of these cir- the majority leader cannot bring that ator from Maryland has really hit it on cuits where these judges are sitting— bill to the floor. It has to go through the head. You do not have to go any these nominees are waiting month what is called a motion to proceed. further than today’s Executive Cal- after month, and we have judicial What might happen in that motion to endar. We all have them on our desks. emergencies. We have a chronic prob- proceed? You might just tell us the You pick up the Executive Calendar lem of moving cases in these circuits, problems we have today because we and, talking about approving these where the administrators of the couldn’t get to a lot of motions to pro- nominees and judicial nominees, execu- courts—these are independent branches ceed. tive nominees, here I see on page 4 that of government—tell us they cannot do Mr. UDALL of New Mexico. The Sen- we have people who have come out— their job because they do not have the ator from Maryland has hit it on the this is for the judiciary—have come out manpower to do it. And we are holding head. Look at what we are talking of committee March 29, and they have up confirmations not because of any about on a motion to proceed. I think not gotten a vote. Here is another one substantive reason but because of the it would surprise the American people from April, reported by the com- process or because of one person in the to know that if the majority leader mittee—April 26, May 17, May 17, June Senate who, for reasons unrelated to comes to the floor, now we have—this 7, June 21. These are nominations that individual, is holding up all of is not to make it partisan in any way— where people have stepped forward. these nominations. That is not right. 55 Democratic votes. The majority They want to be public servants. The We are denying our country the very leader says: I see we have a serious President has nominated them. They best, who cannot step forward under housing problem. We want to put a have been through the committee proc- this type of circumstance, and in many housing bill onto the floor of the Sen- ess, and they are just waiting. cases we are denying justice in our cir- ate. As the Senator from Maryland said, cuits because we do not have people in I don’t think people realize that the what ends up happening is that good place to be able to timely resolve rule- majority leader, if he doesn’t have any people are discouraged from taking of-law issues, which is the basis of our agreement at all, then has to file a mo- these jobs. My grandfather used to say system here in America. tion to proceed to that bill. If all the that if you do not have good people in It is a very serious situation. We delay and roadblocks and obfuscation government, the scoundrels will take need to resolve how we handle the Arti- are put in front of him, it takes him 8 over. We are discouraging good people cle III confirmation process in the next days to get to the bill if he can get 60 from getting into government. You Congress, which starts again in less votes. If he does not, he probably need good people in public service, and than 24 hours, as well as the individ- wastes a whole week trying to get to we are discouraging them by setting up uals whom we want on the boards who the bill, and he doesn’t get 60 votes, a process where, as the Senator from need confirmation—the sub-Cabinet and then we fold it down and say: What Ohio told me—he had a judge recently, and Cabinet positions. is the next issue we should move on to?

VerDate Mar 15 2010 01:14 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G02JA6.028 S02JAPT1 smartinez on DSK6TPTVN1PROD with S8658 CONGRESSIONAL RECORD — SENATE January 2, 2013 As the Senator from Maryland to do that. Certainly those who object served on bipartisan study groups to knows, we have to be able to put bills should be on the floor telling why they look at the rules. We have had many onto the floor and give them the time are objecting. I think that is what we study groups such as that. They have they deserve. We are wasting all this are trying to do. We are trying to get always concluded that the motion to time up front that we could have a bill this process to work in a fair manner, proceed should be short and signifi- on the floor, we could have amend- and I understand we have to protect cant, and we should get on to the bill. ments, we could have debate, we could the rights of the minority. Senator CARDIN has worked very hard have all of those things going on that My friend from Alabama raised a to do the same with a bipartisan group we know are the way the Senate should very good point. There are no guaran- to say: How can we make it work bet- work. tees of how long one party will be in ter? How do we make this institution I yield. the majority. We understand that. The work better? The reality is we get on Mr. CARDIN. Under current policy, political whim of Americans changes to the bill, allow amendments, allow the motion to proceed has to be ap- over time, political preferences change debate, and allow discussion. That is proved before anyone can offer any over time, and we have to make sure the way to move. On a number of occa- amendments. My friend from Alabama that the rules we operate under protect sions this has been bipartisan. I hope is talking about amendments. We can- both the majority and the minority. we can join together. not offer any amendments until we get That is absolutely important. My question goes to a different part the bill to the floor. So the majority The Senate is a deliberative body, of the rules. As the Senator from Mary- leader is trying to bring up this bill to and we want to make sure that all land knows—and we both served in the deal with housing because we have a rights are protected, including the mi- House together—today we have a housing crisis. It came out of the com- nority. However, what is wrong is when Democratic Senate and a Republican mittee, everybody was ready to move one, two, or a small group of Senators House. The way to resolve differences on it, but he cannot get the motion to can basically bring this institution to a between the two is to go to conference. proceed approved. Now we are literally halt. They have done that over the last That is the best way to bring the ex- in no-man’s land. We cannot offer couple of years at a time when we pertise of both bodies and the people in amendments and cannot proceed on it. could have done more business. I think the bodies who know the substance of The majority leader has one of two starting tomorrow we have a chance to the legislation and bring them together choices: He could wait for us to reach change some of those procedures. I if there are differences. If they both an agreement—if we ever reach an hope we will be able to get that done. pass a bill, they get together, resolve agreement—or file cloture. He should Senator UDALL has really brought those differences and then the respec- not have to do that. He should be able these issues to light—whether it is the tive Houses pass them and they go on to offer the bill and offer amendments motion to proceed so we can start de- to the President. and get started. We cannot do that. We bate or whether it is how we can dis- We now have in our rules for the Sen- have to approve the motion to proceed pose of amendments, handle a fili- ate three debatable, filibusterable mo- first. So the majority leader tries to buster, deal with court and other nomi- tions to go to conference. We look at condense the clock. People complain nations, these are all important issues. them and we say: Well, they are basi- that we are not getting work done, so How we deal with what we call comity, cally about going to conference. Let’s he files cloture on the motion to pro- or respect of Senators, how Senators shrink down the proposals we are hear- ceed. As a result, we have to waste one deal with objections, how they should ing. Why are we putting a filibuster in full legislative day before we can get be on the floor of the Senate to raise place to get into conference to try to through to the vote on the cloture. If those objections, and how objections resolve disputes? we get to the vote on the cloture—this are done. I know the Senator has looked at is on the motion to proceed. This does When a committee is considering a this issue. My question is: If the Senate not deny the right of any Member to bill on the floor and the managers are is able to pass a bill on housing—to use offer any amendments, whether ger- considering that legislation—they have the housing example—and they are mane or not germane. an orderly way to consider the amend- very different bills, but if we have Let’s say the majority wants to ap- ments—and all of a sudden we hear one smart people from the Senate and the prove the motion to proceed and get 60 Senator objects and stops us from mov- House who are on the Housing Com- votes on the cloture—and, remember, ing forward on amendments—well, that mittee getting together—as the Sen- this is the third legislative day. Let’s should not take place. If the Senator is ator from Maryland knows—we can re- say it is approved 95 to 1, because there going to object, have the Senator on solve those differences. We can find the was one objection. That’s why we could the floor saying why he or she is ob- common ground and move forward. not get the motion to proceed done. jecting. Don’t do it by saying we can I ask the Senator: Aren’t our rules a Now we are on the third legislative day stop consideration of the bill and go little bit antiquated in terms of having and we have 30 hours of postcloture into a quorum call and lose all that three motions to go to conference and time. Another 2 days go by, and we are valuable time. allow a filibuster on every one of those now on the bill, but we cannot debate I think there are some commonsense rules? the bill. We have not even started the changes. I do hope we can get Demo- Mr. CARDIN. The Senator is abso- amendments. crats and Republicans joining together lutely right. I think when those rules My friend from Alabama is saying he for these reforms. Whether Democrats were promulgated, the view was they wants to deal with amendments. Well, or Republicans are in the majority, would be done routinely and that there I want to deal with amendments. Why that is how the rules should work to would never be a challenge to the ac- do we have to waste all those days to protect all the Members of this institu- tion taken. The action is going to con- get to the bill? That makes no sense at tion. ference, appointing conferees, and in- all. A lot of us think we should be able Mr. UDALL of New Mexico. To the structing the conference. The Senator to bring up a motion to proceed. We Senator from Maryland, I have one is absolutely right, they are all the have some recommendations on how we more question if he has time. First I same. It is getting us into conference can expedite that and guarantee some want to respond as to the motion to where the House and Senate Members amendments as part of the process. proceed and what he has just talked can be together, resolve their dif- That is all part of what we have all about. This means we cannot get on ferences, and report a common bill been working on: How can we get the legislation, as he laid out, for a large back to both bodies. That is the whole Senate back to its traditional way of number of days. Sometimes we burn a purpose of a conference committee. considering legislation in a fair man- week and several more days before we I think it is particularly important ner and making decisions? are able to get on to the bill. today that when we have the House At the end of the day, this is a de- The Senator by the name of Senator controlled by Republicans and the Sen- mocracy and the majority should be Pete Domenici, whom everybody knows ate controlled by Democrats, we should able to control the policy of this body. very well, served for 36 years in the use regular order. We should meet with At the end of the day, it should be able Senate and was my predecessor. He our Republican-controlled delegations

VerDate Mar 15 2010 01:14 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G02JA6.029 S02JAPT1 smartinez on DSK6TPTVN1PROD with January 2, 2013 CONGRESSIONAL RECORD — SENATE S8659 with the Senate and try to resolve our The Senator has served in the Mary- our constitutional responsibility to the differences in an open and transparent land Assembly in the legislature. The people who elected us. way that the rules apply. Senator saw conferences all the time. I Mr. UDALL of New Mexico. I thank Under the current rules, since each remember in my early days in the very much the Senator from Maryland one of those is a separate action—as House, we had conferences all the time. for his commitment to pursue these bi- Senator UDALL pointed out—we can ob- My sense is the majority leader, in partisan rules changes to make sure ject to it being routinely approved. At looking at this path to get to con- the rules get changed. I know I re- that point, under the current rules, we ference, has said, well, that takes too minded him about my predecessor, can force—this is all precloture—a clo- much time. Senator Domenici. Senator Domenici ture motion being filed on each one of Mr. CARDIN. I probably am in a posi- would fight hard, and whenever he those three separate actions. tion that most of the Members of this tried to look for bipartisan solutions, I already went over how much time it body are not in. I have served on one coming down to the motion to proceed, takes for a cloture motion to ripen. conference committee—I have been Democrats and Republicans said we Let’s assume we can get over that hur- here 6 years—and it was a successful have to get off this motion to proceed dle—which we cannot—each one of conference committee. It dealt with and we have to get on the bill. So I those cloture votes, even though they the payroll tax extensions and some of thank the Senator from Maryland. may be 99 to 1, will have 30 hours of the other changes. I was able to serve Mr. CARDIN. The Senator from New postcloture. If we start to add it up, we on that and we were able to reach a Mexico has been the one who has are going to lose over a full week just conference agreement and we were able brought this to us, and I know he has to get into cloture, which obviously to get our work done in a timely way. included others and certainly Senator means we cannot get it to conference. We got it done early by Senate stand- MERKLEY has been in the forefront of We cannot use the deliberative process ards and the legislative standards. I am this. The Senator from New Mexico has to resolve our differences and we can- trying to think if there were any other taken a real leadership role and he has not use the Senate unless we have conferences that were reported back. I done it in an open way. We want this unanimous consent, basically, and that think we had one maybe on aviation done with Democrats and Republicans is wrong. that was reported back. I don’t think working together because we recognize So we do have a recommendation, there were more than a handful of con- the system only works when Demo- and I am pleased the Senator pointed ferences that have met in the last sev- crats and Republicans can come to- out that we are working with Repub- eral congresses. There were maybe a gether. That is why he has taken the licans. We have had a group of Demo- couple each Congress. Think about how time today on the floor of the Senate, crats and Republicans working to- many bills were between the House and and he has been very open about this gether to try to resolve some of these the Senate. It is a rarity. It is virtually issue. He has taken it to a lot of groups differences, and I think there is general not used. Interestingly enough, when it explaining the impact. agreement to collapse those three mo- is used, we generally get better results, People ask us all the time: Why can’t tions into one motion so that at least earlier results, and more open results. we do more to help the environment? I appreciate the Senator mentioning we can eliminate the extra two votes Why can’t we do more to help working serving in the State legislature. I am a and potential cloture votes and families? Why can’t we do more for af- former speaker of the State legisla- postcloture time which would be re- fordable housing? Why can’t we do ture. I think we get better laws when quired. I think that is a relatively easy more for affordable health care? change for us to make. I don’t know of we use the legislative process and have We say: We can’t get that bill to the anyone who objects to that. I have not a more open process where the commit- floor of the Senate. heard of anyone who objects to that. I tees work and bring the bills to the They say: What are you talking hope we could get that done. floor, actually debate them and amend When we start looking at where we them on the floor of the Senate. That about? You are a Senator. Bring it up could change the procedures and where way when there are differences between on the floor of the Senate. we hope we could get bipartisan sup- the House and the Senate, they are We heard Senator SESSIONS say the port, I think going to conference is one worked out by the Members. They ac- Senate can offer an amendment at any area on which we could get bipartisan tually meet and work out their dif- time. Just try. support. ferences. We want the system to work. Wheth- I agree with the Senator in that I We are the ones who are accountable er a person is a Democrat or a Repub- have not heard of anyone who believes for the legislative process. It should lican, we want the system to work. the motion to proceed has been used in not be some supercommittee or bar- That is why we are taking this time the proper way. I think we can find a gaining units that are set up by the today, at the end of the 112th Congress, way to condense that. I hope we can. President and the Congress. They to say: Look, what happens on Senate There have been some bipartisan rec- should not be the ones. It should be the rules and procedures affects every per- ommendations to have orderly ways in legislators who make these decisions, son in this country. which we could go to the motion to and that is why I think it is so impor- I have talked to so many people who proceed immediately by certain guar- tant to get the committees func- have come into my office with indi- anteed amendments or where the two tioning, get the floor of the Senate vidual concerns, including families who leaders have agreed to go to a bill, so I functioning, and get the conference are worried if their children will get think we could do that. committees functioning. I think if we the type of attention they need if per- I think there has also been some can do that, we are going to get better haps they have a disability and they agreement on the nomination to short- laws, laws that make more sense, bet- are working on a bill that will help, en the time so we can move that along. ter understood, and that will stand the and they have all these cosponsors of I think we have both Democrats and test of time. That is what I think all of the bill and they hear the committee Republicans who are in agreement with us are trying to do. reported it favorably and they are won- that. I hope we can figure out a better We seek these jobs because we be- dering why we can’t act on it on the way so we don’t have to file all these lieve in our system. We believe in the floor of the Senate. That is what is at cloture motions and waste a lot of time richness of an independent legislature stake. We can say to them: Oh, I am a and those who object on the floor with where we are held accountable for the cosponsor of that bill. I voted for that the burden to debate the issue—I think work we have done. Quite frankly, it is bill, but the bill didn’t become law be- that is the important reform that difficult for us to get our work done in cause of the process we have now. needs to be done. an accountable way if we don’t have an That is what we have to correct. Mr. UDALL of New Mexico. The Sen- open and transparent system. When we That is going to be our responsibility ator from Maryland has been here a lit- don’t have conference committees that starting tomorrow, at noon, to deal tle bit longer in the Senate than I can function or we don’t have com- with rules and procedures so we are in have. Could the Senator talk about mittee work that can come to the floor a position during the next 2 years to how many conferences we have done? of the Senate, then we are diminishing end the gridlock that has happened on

VerDate Mar 15 2010 01:14 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G02JA6.031 S02JAPT1 smartinez on DSK6TPTVN1PROD with S8660 CONGRESSIONAL RECORD — SENATE January 2, 2013 too many issues. Yes, the public under- public accommodations, and there was RULES CHANGES stood somewhat the gridlock on the fis- a big push to try to get rid of that in Mr. UDALL of New Mexico. I will fin- cal cliff. They don’t understand the our society. It was the Senate that ish by thanking my friend, a very close gridlock on that bill that affected that stepped forward and crafted civil rights colleague on this particular issue, the family with a child with a disability. legislation that allowed us to move for- Senator from Oregon. I know he has They don’t understand why that bill ward. worked diligently on framing the talk- couldn’t make it to the floor of the Many people will remember in the ing filibuster, trying to bring it open, Senate. We understand that. What the 1970s, the glory days of the Senate, and make it the public process that Senator from New Mexico is doing is when we had environmental destruc- will work for the whole Senate. He has taking action so we can be held ac- tion, rivers catching on fire. The Wil- been a key player in all the other rules countable and do our work in the most derness Act, the Clean Water Act, the reform, especially those two packages efficient way. I am proud to join him in Clean Air Act, all those pieces of legis- we put forward in the last Congress. I these efforts and I urge all my col- lation were crafted in the Senate by thank the Senator from Oregon and I leagues to do everything we can in the people such as Senator Ed Muskie and thank the Senator from Maryland. next 24 hours so we can get progress Senator Stafford and others. They were I now see on the floor the Senator made. Democrats and Republicans working from Illinois, who also has been here Look, we all know we are not going with each other, but it was because we for a significant period of time. He has to get everything we want. This insti- could get the legislation on the floor watched the rules operate, and I think tution doesn’t work that quickly, but and work on it and amend it and move he believes there has been a lot of let’s make progress, and I think we can it forward and allow the deliberative abuse and we need to get down to the make progress in the 113th Congress. process to work. business of reforming these rules in a I thank the Presiding Officer and I I submit the Senate has been at these way that is going to work for the mi- thank the Senator from New Mexico two periods—and I am sure scholars nority, because we know we will be in for their leadership. and our Senate Historian and others the minority sometime and work for Mr. UDALL of New Mexico. I thank can point out other periods—but these the majority, so we can do the work of the Senator from Maryland for his sin- two periods struck me: the period of the American people. cere effort to pursue bipartisan rules the 40 years before the Civil War when I yield for the Senator from Illinois. reform because I think, if we all work the Senate, in its deliberative way, Mr. DURBIN. I thank the Senator together, we can make the Senate a held the Union together for 40 years from New Mexico and the Presiding Of- much better place. and in the 1960s and 1970s when we ad- ficer, the Senator from Oregon, for I am reminded, when we have these dressed civil rights, environmental leg- their leadership in talking about rules discussions about the great traditions islation, and many of the other big na- reform. They are relatively new to the of the Senate, of two periods of time tional issues we were facing. Senate. I have been here a few years when the Senate truly stepped to the So here we are as a country with the and I have seen a dramatic change, and plate. We had crucial national issues need for having a national energy pol- it is not for the better. I can recall when I came here fresh facing us then and they were issues of icy, for dealing with issues such as cli- from the House of Representatives, as war and peace. They were issues of ter- mate change, protecting middle-class the Senator from New Mexico did, and rible environmental destruction. The families, and trying to make sure we I had my first amendment on the floor. fact is the Senate, in its best tradi- have job growth and economic develop- A lady named Lula, who was the floor tions, stepped forward and acted and ment; doing everything we can to bring manager on the Democratic side, came moved forward. One of those great tra- down the cost of health care but mak- up to help me, this brandnew freshman, ditions of the Senate acting occurred ing sure our citizens have high-quality with this first amendment. She said to in the 40 years before the Civil War. health care. We face tremendous issues, and the me: So let me explain that you have 1 People may not know it, but it was the hour and then the Senator on the Re- Senate and the legislation that was Senate, in many cases, has been unable to act. We have been unable to act be- publican side will have 1 hour. passed through the Senate and signed cause the rules are being abused. This I said: Well, is that equally divided? by the President that for 40 years held filibuster is not out in the open. It is She said: No, you have an hour. the Union together. They held the secret, it is silent, and we have the op- To say to a Member of the House country together, and they didn’t let portunity to act on the first legislative ‘‘you have an hour’’ is just unthink- the country get into Civil War. It was day. able. You get an hour for a special people such as Webster and Calhoun So on that first legislative day, I will order at 11 o’clock at night; otherwise, and all the Senators at the time focus- offer a motion. It is a very simple mo- 60 seconds is considered to be a luxury ing on what the issues were. Whether it tion my predecessor, Clinton Anderson, in the House. I didn’t know what to do was the Missouri Compromise or some offered. He offered it for the 25 years he with an hour and I certainly didn’t use other issue that had to do with slavery, was in the Senate. On the first legisla- it all. But it is an example of a time they found the common ground, and tive day he would offer a motion. He when amendments came to the floor they held the Union together and they would move to adopt the rules of the with real debate, and there was a Sen- did it for 40 years. Congress—for him, whatever it was. So ator from South Carolina who opposed That, my friends, is in the best tradi- this motion dealing with tomorrow: my amendment on the floor as well. tions of the Senate, thinking and fig- move to adopt the rules for the 113th I can also remember coming to the uring out where the common ground is. Congress and then we focus on it. We floor and offering amendments lit- We can’t do that. We can’t carry out focus on what those rules should be. erally on the spur of the moment on that tradition unless we can get bills I know our Republican friends real- something I thought was worthy. I on the floor and we can amend them ize, I know they understand the dys- didn’t always win, but that wasn’t the and have debate and then eventually function and hopefully they will find a point. I wanted to have debate and get to a majority. Of course, we want way to join with us to make the Senate then a vote and it happened. Now that the minority to be able to be heard, a better place. is almost unheard of. We go through offer amendments, but the crucial fact f these vote-athons, where we have these is, at the end of the day, unless there is long series of amendments with 60 sec- such a strong minority in terms of its EXTENSION OF MORNING onds of debate before the vote. It trou- activity, we get to a majority vote. BUSINESS bles me because that isn’t what the The other period of time where the Mr. UDALL of New Mexico. Mr. Senate is supposed to be about. Senate was in its glory days was in the President, I ask unanimous consent I had a friend of mine in the House— 1960s and 1970s and we had huge na- that morning business be extended the Senator from New Mexico probably tional problems in terms of civil rights. until 5 p.m., with all other provisions heard of him—Mike Synar of Okla- We had lynchings going on, we had dis- remaining in effect. homa. Mike Synar used to listen to crimination going on, including hous- The PRESIDING OFFICER. Without Members of the House of Representa- ing discrimination, discrimination in objection, it is so ordered. tives whining and crying about the

VerDate Mar 15 2010 01:14 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G02JA6.032 S02JAPT1 smartinez on DSK6TPTVN1PROD with January 2, 2013 CONGRESSIONAL RECORD — SENATE S8661 controversial amendments they were So that is in the nature of what the the Native American Languages Act, forced to vote on. Mike Synar, who was Senator is trying to achieve. If there is which has helped Native people pre- rather candid in his comments, said: If something important enough to stop serve and practice their tribal lan- you don’t want to fight fires, don’t be the course of the Senate activity, to guages. In particular, during my first a firefighter. If you don’t want to vote stop the business of the Senate, then term in the Senate, Senator Inouye on controversial amendments, don’t you should be prepared to be on the worked with me in the committee to run for the House of Representatives. Senate floor and argue your case and pass legislation providing compensa- That is what we are here for. bring your allies with you. If they will tion for two Indian tribes in my State I tend to take the same point of view, join you, then perhaps you will have a that were impacted by the construc- maybe because after a few years a Sen- debate that is worthy of this body. tion of the dams along the Missouri ator votes on everything at least once. Unfortunately, we now have Members River. That effort provided a critical But we have to get back to where we who make their objection and leave for source of funding for the tribes to re- aren’t just lurching, as we are now, dinner or for the weekend or to attend store their economic base. from one quorum call to another, an a wedding, which happened once, and Senator Inouye also fought hard to empty Senate Chamber, waiting for you do not see them again, and the defend Hawaii’s natural beauty. Be- something to happen. There is a lot out Senate waits and waits and waits. That cause of his efforts, thousands of addi- there for us to talk about, and we does have to come to an end. tional acres have been added to na- should. I think the American people I thank the Senator for his leader- tional parks, wildlife refuges, and na- would feel a little better about us if we ship on this important issue. I do not ture preserves. It would be hard to sat down and at least honestly debated know that we will take it up tomorrow, imagine what Hawaii would be like an issue and voted with some fre- but I think we will take it up very today without Senator Inouye’s leader- quency. soon, and we should. ship and effective representation. His What we are trying to do now is to I thank both Senators. love for the people of Hawaii was on his stop what I consider to be the gross mind and in his heart even at the end, abuse of the filibuster. What we have f when the last word he spoke was been through here has destroyed the REMEMBERING DANIEL K. INOUYE ‘‘Aloha.’’ functionality of the Senate. To think Mr. CONRAD: Mr. President, I want In his role as chairman of the Appro- any person can come to the floor and to take a moment to honor the life and priations Committee, Mr. Inouye basically bring this place to a halt not career of my colleague and friend, Sen- fought for aid for my home State of just for an hour or a day but maybe 1 ator Daniel Inouye, who passed away North Dakota after devastating, record week, that goes way beyond what I be- on Monday, December 17 at the age of breaking flood waters decimated the lieve was the intent of creating this 88. community of Minot in 2011. Mr. body. We wanted to be here in those To say that Mr. Inouye lived a full Inouye used his power to ensure that historic moments of titanic debates life would be an understatement. A vet- the residents of Minot received critical over issues that changed the course of eran of World War II, Mr. Inouye served aid to help them rebuild their lives. history and to reflect and respect the his country valiantly in Italy before Mr. Inouye is survived by his wife, rights of the minority. But now it has sustaining an injury that would claim Irene Hirano; his son, Ken; and grand- become one sad example of obstruc- his right arm. The bravery shown by daughter, Maggie. His service to his tionism after another. Mr. Inouye during his service to our I think the Senator from New Mexico country is second to none, the loss of country later earned him the Bronze Mr. Inouye will be greatly missed in is moving in the right direction. I am Star Medal, a Purple Heart, a Distin- not sure we will achieve exactly what his home State of Hawaii and here in guished Service Cross and ultimately, he wants, but I can say we wouldn’t the Senate. the Medal of Honor, the highest mili- have this conversation unless the Sen- f tary award. ator from New Mexico and Senator Mr. Inouye began his political career RESOLVING SPENDING ISSUES MERKLEY had shown such initiative for after graduating from the University of Mr. KERRY. Mr. President, earlier years—they have been at this for years, Hawaii. He then obtained a law degree this week I supported this agreement if I am not mistaken—and I do believe from one of my alma maters, the to avoid unacceptable tax increases on it is going to end up in changes to Sen- George Washington University. After the middle-class, and to at last begin ate procedure, which I support, that first being elected to serve in the Ha- to undo the damage to our fiscal stand- will try to make people stay on the waii territorial House of Representa- floor. ing that began 11 years ago when Presi- I have one example. The Senator tives and later the territorial Senate, dent Bush signed into law unaffordable from New Mexico may remember when Mr. Inouye became the first person tax cuts for the wealthiest Americans. a Senator from Kentucky, now retired, from Hawaii elected to the United Make no mistake; that unfair and Senator Jim Bunning, objected to the States House of Representatives after unaffordable tax policy has been the extension of unemployment benefits. Hawaii became a state in 1959. After biggest driver of the fiscal mess and We wanted to extend them for literally serving 3 years in the House, Mr. the complete ideological rigidity of millions of Americans, and he stood up Inouye was elected to the Senate where congressional Republicans on the issue at his desk on the Republican side and he would go on to be elected to serve of tax policy has been the biggest ob- said, ‘‘I object,’’ and then sat down. the people of Hawaii 9 times. In June of stacle to cleaning up that mess. That That was the end of the story. That 2010, Mr. Inouye was elected to succeed House Republicans remained intran- was really the end of the debate. Senator Robert Byrd as President pro sigent even after the stroke of mid- So I went to the floor, and I said: I tempore of the Senate. night on New Year’s Eve just shows in just want to give notice to the Senator Throughout his political career, Sen- very stark terms the dimensions of from Kentucky I am going to renew ator Inouye was first and foremost a that problem. that request every half hour, so you servant of the people of Hawaii. He has In contrast, the Senate acted in an better return to the floor—because he served them in Congress ever since Ha- overwhelmingly bipartisan way to has to object every time. This was late waii was admitted to the Union. After make the best out of a bad situation. at night. over five decades of service, it is no This, at least, sends a good message to We mobilized a number of people in wonder that Dan’s mark can be seen all the country that there’s hope that the cloakroom, and we came to the across the islands. I was proud to serve Washington can function. floor and we kept it going. Finally, he with Senator Inouye on the Indian Af- But the fact that even against the ul- got up and complained he was missing fairs Committee, where he was a voice timate drop-dead, high stakes deadline, the University of Kentucky basketball for the Native Hawaiian population. so little common ground could be found game on television because of this. I Throughout his career, he worked tire- itself underscores the dangerous situa- thought: Several million people are lessly to ensure that Native Hawaiians tion we have found ourselves in these missing unemployment benefits be- had access to education, healthcare, last years. This may have been the best cause of this too. and jobs. One of his achievements was that could have been accomplished at

VerDate Mar 15 2010 01:14 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G02JA6.033 S02JAPT1 smartinez on DSK6TPTVN1PROD with S8662 CONGRESSIONAL RECORD — SENATE January 2, 2013 this late hour, but it was not the best ture, and our decisions on deficits and Every Medicare expert knows that we could have done for our country or entitlements will without doubt deter- Medicare’s Sustainable Growth Rate our economy. mine whether the United States will (SGR) formula is irreparably flawed We all knew from day one there was continue to lead the world or be left to and needs to be repealed. I continue to universal agreement about the need to follow in the wake of others, on the believe that Congress should perma- protect 98 percent of American tax- way to decline, less prosperous in our nently repeal the SGR and offset the payers and 97 percent of American own land and less secure in the world. cost with savings from capping a por- small businesses from a tax increase. We tried to tackle these problems tion of the spending for Overseas Con- Now, having done that, I hope this re- several times over the last few years— tingency Operations, OCO, below moves, once and for all, the key obsta- including on the Joint Select Com- amounts in the Congressional Budget cle that has stood in the way of our mittee on Deficit Reduction on which I Office, CBO, baseline. ability to seriously tackle our served. Each time, the ideology of tax This latest Medicare physician pay- longterm fiscal problems. cuts for the wealthiest, supply side eco- ment fix comes at a great cost to the Nonetheless, taking into account the nomics, and Grover Norquist tax ortho- health care industry in Massachusetts actions we took in this bill—which are doxy got in the way of good policy and including our hospitals, dialysis pro- significant for the working families in doomed the best possible outcomes. viders and manufacturers, Medicare this country—we still face a budget Now, staring at the edge of the so- Advantage plans, and medical imaging woefully out of balance that will called fiscal cliff, we had another manufacturers and world-class physi- threaten our Nation’s future prosperity chance to demonstrate to the Amer- cians who rely on this life-saving if Congress and the Administration do ican people and to the world, we are ca- equipment. not get more serious about genuinely pable of focusing on the future and For example, the agreement offsets addressing these issues. solving big problems. Unfortunately, the cost of SGR fix with about $15 bil- This should not come as news to any- again, while for now we may avert the lion in hospital cuts including: $10.5 one. The message we received over and fiscal cliff, this is another tragic billion in coding adjustments, $4.2 bil- over from budget experts, businesses, missed opportunity in solving the big lion in Medicaid Disproportionate global investors, financial markets and challenges in a way that is fair. Share Hospital, DSH, payments, and others has been loud, clear, and con- One more time, we had the chance to $300 million from reducing payments sistent. prove our fiscal discipline was a prize for stereotactic radiosurgery services. I We continue to face unprecedented well worth achieving, to make our am concerned that continued cuts to economic challenges, both domesti- country a safe haven for investment our hospitals will ultimately jeop- cally and globally. How we respond will and to earn back a modicum of respect ardize beneficiaries’ ability to access determine if the United States can con- for Congress from the American people. care. In the end, this agreement does not do The agreement also lowers Medicare tinue to claim our position of leader- all of what voters sent us here for—we reimbursement for medical imaging by ship in the world or whether we will didn’t make difficult and sober choices $800 million, leading doctors to hold on have to cede that spot to someone else. to their old equipment longer and pre- Just a couple of reminders: about taxes and spending priorities venting patients from accessing the Federal debt held by the public cur- that would have restored the full meas- newest technologies that are better at rently exceeds 70 percent of the Na- ure of fairness and started to put finding early-stage diseases. I have tion’s gross domestic product, GDP, a America’s fiscal house in order. The problems we confront certainly long opposed this policy which is par- percentage not seen since 1950. If we do not go away because we were able to ticularly difficult for Massachusetts keep going in this direction we are cobble something together. In fact, because we have thousands of jobs di- looking at significant longterm dam- these problems very well could be com- rectly tied to medical imaging tech- age to both the government’s finances pounded because the more we delay the nology. and the broader economy. The more of tough choices that are truly needed, Additionally, I’m particularly con- our resources that have to go toward the more severe those steps will have cerned that Medicare payment reduc- higher interest payments, the more dif- to be in order to have any impact at tions for dialysis services could under- ficult it is to invest in our most urgent all. mine kidney care at dialysis treatment priorities like education, research, and I am disappointed that this bill did centers across the state as providers infrastructure to fuel growth and pros- not lay out a path or process for funda- are adjusting to a new Medicare pay- perity. The more constrained we are in mental tax reform, which is des- ment system. terms of Federal dollars, the less able perately needed. Our individual tax This package also fails to resolve po- policymakers will be to respond to un- code still is skewed in favor of the al- tential problems with the looming cuts expected challenges, such as economic ready wealthy and further widens the of sequestration because it does not in- downturns, natural disasters, or finan- chasm between rich and poor. Our cor- clude more deliberate spending deci- cial crises and the less attractive we porate tax code is not keeping pace and sions. We have only avoided sequestra- are as a place for global investment. will continue to threaten the ability of tion temporarily. I hope the Senate Our population is changing. The U.S. businesses to compete and U.S. will consider legislation to reduce aging of the baby boom generation pre- workers to prosper in a 21st century wasteful and unnecessary federal sents enormous challenges—none of global economy. spending as soon as possible. There is which can be solved in a political envi- I am equally frustrated that this room to make appropriate changes in ronment where one side turns tax cuts package did not establish the needed federal spending. for the very wealthy into a holy grail framework for how we should strength- But let us be clear that there’s a big of American politics. en our entitlement programs by look- difference between wasteful spending Finally, we must reverse the trou- ing for reasonable ways to reduce their and necessary investment. Cutting bling trend of increased income in- costs, just as we did in the Affordable critical areas of public investment, equality in this country. For too long, Care Act. It is critical we start taking like education, transportation, and sci- those at the top of the income scale real steps now to protect these pro- entific research is precisely the wrong have prospered while everyone else grams in ways that are fair and which way to promote long-term economic struggled or fell behind. This is not guarantee that we keep the promises growth and is in fact counter- sustainable. we made to seniors when they were cre- productive to longterm deficit reduc- These are big, important issues, not ated. tion because it’s the enemy of growth just for our Federal budget, but for our I’m relieved that the agreement which produces revenue. As we look at very quality of life. averts a 27 percent cut in Medicare the next round of budget discussions, The decisions we make—or fail to physician payments for 2013 so that we must ensure that these long-term make—in this decade on new energy seniors will continue to have access to investments are expanded and not in- sources, on education, infrastructure, their doctors. But a one-year fix falls discriminately hit by short-term across technology, and research, all of which far short of a permanent solution, the board spending cuts. There are bet- are going to produce the jobs of the fu- which I have long supported. ter ways to spend our scarce Federal

VerDate Mar 15 2010 01:14 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G02JA6.046 S02JAPT1 smartinez on DSK6TPTVN1PROD with January 2, 2013 CONGRESSIONAL RECORD — SENATE S8663 dollars, and we all should be willing to She played an critical role in so competitive or deceptive or unfair to have those honest conversations. many of the important issues facing consumers and to enhance informed Finally, I am particularly concerned our country over the years, from her consumer choice and public under- that we may again see our Nation’s work ensuring the safety of our Nation standing of the competitive process.’’ credit rating used for political leverage as a senior member of the Senate Yet throughout his career, Dr. when we return to the unfinished busi- Armed Services Committee to her lead- Wright has shown a disdain for this ness of how to fund the Federal govern- ership on the Senate Commerce Com- mission, and the government’s involve- ment for the next fiscal year or two. mittee. ment in protecting consumers. Despite how it looked from the out- We worked together to promote safe- As one example, Dr. Wright wrote side, the process of getting us to agree ty and security for Afghan women and that one government consumer protec- on a package of tax cuts and delays in girls, and she played such a key role tion agency’s agenda was ‘‘aggressive spending reductions was the easy part. last during consideration of the trans- and dangerous’’ and that its ‘‘existence The most difficult issues remain. Our portation bill. I am so grateful for Sen- is likely to do more harm than good for Nation needs 100 Senators and 435 Rep- ator HUTCHISON’s bipartisan efforts to consumers.’’ resentatives who face the facts and find preserve and protect our critical trans- He has also sharply criticized the a way to work not just on their side, portation infrastructure. FTC, arguing it has been hampered by but side by side. Senator HUTCHISON has always noted ‘‘a history and pattern of appointments We still have a lot of work to do to that we women Senators have repeat- evidencing a systematic failure to resolve our differences and face our edly come together across party lines meet . . . expectations.’’ Federal spending issues. to achieve action on women’s issues: Many consumer groups are also con- cerned about his confirmation to the f things like pay inequality and creating FTC, noting that his antiregulation TRIBUTES TO DEPARTING tax-free individual retirement accounts philosophy is far outside of the main- SENATORS for spouses who work at home. I will miss my colleagues, both on stream and runs counter to the mission OLYMPIA SNOWE AND KAY BAILEY HUTCHISON of the FTC as an enforcement agency the Senate floor and at our monthly Mrs. BOXER. Mr. President, I rise designed to protect consumers. women Senators dinners. today to pay tribute to my colleagues, Dr. Wright was selected by Repub- I wish them both well in all their fu- Senators KAY BAILEY HUTCHISON and lican congressional leadership to fill a ture endeavors. OLYMPIA SNOWE. Republican position on the FTC, as re- We have served together in the Sen- KENT CONRAD quired by statute. For this reason I did ate for two decades and I will dearly Mr. President, I rise today to pay not block his confirmation, but I will miss their grace and their friendship. I tribute to my colleague, Senator KENT be closely monitoring his activities at know that whatever the next chapter CONRAD, whom I have been fortunate to the FTC. brings, both Senator HUTCHISON and call a colleague and a friend. I have f Senator SNOWE will leave a lasting and served with KENT for 20 years and my important legacy. husband Stewart and I have valued the TRIBUTE TO DR. WAYNE Both of these Senators are true pio- friendship of his and his wonderful wife SOUTHWICK neers. When she first entered Congress, Lucy Calautti. Mr. BARRASSO. Mr. President, Senator SNOWE was the youngest Re- From helping North Dakota recover today I wish to pay tribute to an out- publican woman ever to serve in the from devastating natural disasters to standing orthopaedic surgeon, mentor House of Representatives. Senator promoting North Dakota agriculture as and friend. Dr. Wayne Southwick has HUTCHISON graduated law school in 1967 a key member of the Senate Agri- had a remarkable career. The author of as one of only 5 women in a class of 445 culture Committee, KENT CONRAD has over 100 peer reviewed journal articles, men. When she arrived in the Senate in been a leader for North Dakota for he has also received numerous awards 1993, she became the first woman to more than 30 years. for his work as a professor and chief of represent Texas in this Chamber. No Senator knows budget and eco- orthopaedic surgery at Yale Univer- Throughout her career, Senator nomic issues better than Senator CON- sity’s School of Medicine. I had the SNOWE has been a strong advocate for RAD and he used his knowledge to great privilege of learning from Dr. South- the people of Maine. Whether they were effect as chairman of the Senate Budg- wick during my time at Yale. Dr. children, families, consumers, or small et Committee. His exacting and precise Southwick’s unending dedication to business owners—the people of Maine assessments of our Nation’s fiscal educating the next generation of physi- knew they had a great champion in health added wisdom and maturity to a cians has had a lasting impact on the Senator SNOWE. debate that was often difficult and di- medical profession. Senator SNOWE always worked across Dr. Wayne Orin Southwick was born party lines to get things done for the visive. His many budget charts alone on February 6, 1923 in Lincoln, NE. He American people. During her time in are famous in the Senate—in fact, he grew up in Friend, the same small town the House, she worked with Senator uses even more charts on the floor than where his grandfather settled, just be- MIKULSKI to lead the fight to end the I do, which is saying something. exclusion of women in health trials at He refers to his policymaking ap- fore Nebraska was admitted to the the National Institutes of Health. She proach as ‘‘extreme moderation’’—an Union. Dr. Southwick attended high school in Friend, before entering the worked with Senator ROCKEFELLER to approach that perfectly sums up Sen- help bring the internet to America’s li- ator CONRAD’s philosophy and de- University of Nebraska, where he braries and classrooms. She worked meanor. Senator CONRAD is one of our earned a B.A. in 1945 and an M.D. in with Senator Ted Kennedy to pass the most respected members, for his steady 1947. During his time at the University Genetic Nondiscrimination Act. temperament, his open mind, and his of Nebraska, Dr. Southwick married Senator SNOWE and I worked to- willingness to reach across the aisle in the love of his life, Jessie Ann gether on many, many bills over the search of policy solutions. Seacrest. years, but I will especially remember The Senate is losing a powerful voice, While the vast majority of my re- our work on the passengers’ bill of and great friend to us all in KENT CON- marks will focus on Dr. Southwick’s rights to provide basic protections for RAD. professional accomplishments, I know airline passengers. I will also remem- f that what he is most proud of is his ber the many times we fought together loving family. Together, Wayne and NOMINATION OF JOSHUA WRIGHT to ensure equality for women around Ann raised three children, Fred, Steven the world. Mrs. BOXER. Mr. President, I rise to and Marcia. Steven has followed in his Senator SNOWE was a true leader and register my concerns with the con- father’s footsteps as a physician and her presence in the Senate will be firmation of Dr. Joshua Wright to be a professor of psychiatry at Yale. Wayne greatly missed. Commissioner of the Federal Trade would be the first person to admit that Senator HUTCHISON was a strong and Commission, FTC. all of his accomplishments would not passionate voice for the issues impor- The FTC’s mission is to ‘‘prevent have been possible without the support tant to her beloved State of Texas. business practices that are anti- of his wife and children.

VerDate Mar 15 2010 03:04 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G02JA6.046 S02JAPT1 smartinez on DSK6TPTVN1PROD with S8664 CONGRESSIONAL RECORD — SENATE January 2, 2013 After graduation from medical Dr. Southwick remained as chief of Central Command, MacDill AFB, FL. school, the Southwick family moved to orthopaedic surgery at Yale from 1958 Major Hasson was there at a crucial Boston, where Dr. Southwick com- until 1979. He left the faculty in 1993 juncture for the leaders at CENTCOM pleted an internship at Boston City and was appointed professor emeritus. and did an outstanding job. He also Hospital and also served on the Har- Retirement allowed Dr. Southwick to served on several overseas deploy- vard Surgical Service. He then began a concentrate on another passion of his ments. residency in orthopaedic surgery at life, sculpting. Some may see medicine Following his assignment at Johns Hopkins Hospital in Baltimore, and sculpture as unrelated endeavors, CENTCOM, Major Hasson was sent to MD. This experience was interrupted but Dr. Southwick understands that U.S. Pacific Command, in my home when Dr. Southwick joined the Navy to they have much in common. His thor- state of Hawaii. He was named the serve his country during the Korean ough understanding of human anatomy chief of new media for the command. War. He was assigned to both the hos- allowed Dr. Southwick to create nu- Major Hasson thrived in his job as well pital ship Repose and Bethesda Naval merous works of art, many of which as a member of the greater community Hospital. His experience in the Navy can be found on Yale’s campus. in Hawaii. I was thrilled when I found cemented Dr. Southwick’s commit- Dr. Southwick will be celebrating his out that he was assigned to my staff ment to public service and helping the 90th birthday with many of the sur- here in Washington, DC. less fortunate. Over the course of his geons whom he has trained. I could not In 2012, Major Hasson was competi- career, he made repeated trips abroad let this event pass without recognizing tively selected to serve as an Air Force to provide health care to people in un- his many accomplishments and impact legislative fellow, and served in my derserved locations. on my own life. Over the years I have Washington, DC office. He worked pri- Dr. Southwick returned to Johns been lucky to call Dr. Southwick my marily on defense and veterans issues Hopkins after leaving the Navy and mentor, colleague and friend. I know and made outstanding contributions in completed his residency in 1955. He the entire Senate joins with me in helping with my work on the Senate worked as an assistant professor at commending Dr. Southwick on his re- Veterans Affairs Committee as well as Johns Hopkins before he was appointed markable career and wishing him a the Senate Armed Services Committee. as the first full-time chief of very happy birthday. His knowledge and work ethic were in- orthopaedic surgery at Yale in 1958. It f valuable for me and my staff. While he is from this position that Dr. South- primarily worked national security and ADDITIONAL STATEMENTS wick made a truly indelible mark. veterans issues, Major Hasson also vol- Known as an innovative and creative unteered to do work in other areas in- surgeon, Dr. Southwick made tremen- TRIBUTE TO MAJOR MATT C. cluding banking and health. dous contributions to the practice of HASSON Matt has proven himself as an out- medicine. In particular, he received standing officer and leader. My office ∑ recognition for his surgical manage- Mr. AKAKA. Mr. President, on the was better off for his efforts and I was ment of slipped femoral capital epiph- occasion to mark his completion of his happy that he was assigned to my of- ysis and approaches to the cervical service as an Air Force Fellow here in fice. Mahalo nui loa for his service. I spine. His name can be found in the the United States Senate and subse- wish him continued success in his ca- index of most modern day surgery text- quent transfer to the Pentagon, I wish reer and a hui hou.∑ books. However, what he probably will to recognize Maj. Matt C. Hasson for be remembered for most is his leader- his outstanding service to our country. f ship of Yale’s orthopaedic surgery resi- In his 2012 assignment as an Air Force MESSAGES FROM THE HOUSE Fellow, he served as a member of my dency program. At 12:16 p.m., a message from the Over his tenure, nearly 100 residents staff. House of Representatives, delivered by completed orthopaedic surgery train- Major Hasson was born in Camden, Mrs. Cole, one of its reading clerks, an- ing at Yale. The program created by NJ. He graduated from Greenway High nounced that the House has passed the Dr. Southwick became a model for the School in Phoenix, AZ, in 1990. He following bills and joint resolution rest of the Nation. Specifically, Dr. holds a bachelor of arts degree in poli- without amendment: Southwick ensured that his program tics from Arizona State University and welcomed students from all back- a master’s degree in mass communica- S. 2318. An act to authorize the Secretary tions from San Diego State University. of State to pay a reward to combat grounds. For example, he accepted the transnational organized crime and for infor- first African American surgical resi- He is also a graduate of Air Command mation concerning foreign nationals wanted dent, Dr. Augustus White, who went on and Staff College, Squadron Officers by international criminal tribunals, and for to serve as the first African American School, and the Air Force Legislative other purposes. department chief at Harvard’s teaching Fellows program. Major Hasson has S. 3331. An act to provide for universal hospitals. Dr. Southwick also recruited vast experience in the Middle East and intercountry adoption accreditation stand- the first female African American Asia-Pacific region as well as a tour in ards, And for other purposes. orthopaedic surgery resident, Dr. Clau- Operation IRAQI FREEDOM. S. 3472. An act to amend the Family Edu- In 1992, Major Hasson enlisted in the cational Rights and Privacy Act of 1974 to dia Thomas, in 1975. provide improvements of such Act. The American Association of Air Force and completed basic training S.J. Res. 44. Joint resolution granting the Orthopaedic Surgeons recognized Dr. at Lackland AFB, TX. During his 6– consent of Congress to the State and Prov- Southwick’s commitment to diversity year enlisted tour, he served as a fire- ince Emergency Management Assistance by awarding him AAOS’s first Diver- fighter at March AFB, CA and Charles- Memorandum of Understanding. sity Award in 2003. Dr. Terry Light, a ton AFB, SC. Following completion of The message also announced that the former orthopaedic resident at Yale the Air Force ROTC program at San House has passed the following bill, in and president of the Academic Diego State University, Major Hasson which it requests the concurrence of Orthopaedic Society, described Dr. received his commission in 2000. From the Senate: Southwick in this way, ‘‘Dr. Southwick there, Major Hasson was assigned as H.R. 6726. An act to prevent the 2013 pay never saw himself as a champion of the deputy chief for public affairs at adjustment for Members of Congress and per- civil rights nor as one who was trying Whiteman AFB, MO. Following his out- sons holding other offices or positions in the to do good. He simply and honestly did standing service at Whiteman AFB, he Federal Government from being made. what he felt was fair.’’ Dr. Southwick was promoted to chief of public affairs The message further announced that simply noted, ‘‘I didn’t take the ap- and reassigned to Fairchild AFB, WA. the House has agreed to the following proach that I was going to recruit a di- From there, the Air Force decided to concurrent resolution, in which it re- verse group, rather I looked to gather send him to San Diego State Univer- quests the concurrence of the Senate: an interesting, qualified group that sity for an advanced degree. H. Con. Res. 145. Concurrent resolution would work well together. What I After attaining his graduate degree, calling for universal condemnation of the found was a highly capable group of Major Hasson received an assignment North Korean missile launch of December 12, people with diverse backgrounds.’’ as chief of executive outreach at U.S. 2012.

VerDate Mar 15 2010 01:14 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G02JA6.006 S02JAPT1 smartinez on DSK6TPTVN1PROD with January 2, 2013 CONGRESSIONAL RECORD — SENATE S8665 The message also announced that the At 3:21 p.m., a message from the MEASURES DISCHARGED House agrees to the amendments of the House of Representatives, delivered by The following measure was dis- Senate to the bill (H.R. 1464) to develop Mr. Novotny, one of its reading clerks, charged from the Committee on a strategy for assisting stateless chil- announced that the House agrees to Health, Education, Labor, and Pen- dren from North Korea, and for other the amendment of the Senate to the sions and referred as indicated: purposes. bill (H.R. 6586) to extend the applica- H.R. 6655. An act to establish a commission ENROLLED BILL SIGNED tion of certain space launch liability to develop a national strategy and rec- At 1:10 p.m., a message from the provisions through 2014. ommendations for reducing fatalities result- House of Representatives, delivered by ENROLLED BILLS SIGNED ing from child abuse and neglect; to the Mrs. Cole, one of its reading clerks, an- The message further announced that Committee on Finance. nounced that the Speaker has signed the Speaker has signed the following f the following enrolled bill: enrolled bills: REPORTS OF COMMITTEES H.R. 8. An act entitled the ‘‘American Tax- H.R. 1464. An act to express the sense of payer Relief Act of 2012’’. Congress regarding North Korean children The following reports of committees The enrolled bill was subsequently and children of one North Korean parent and were submitted: signed by the President pro tempore to require the Department of State regularly By Mr. ROCKEFELLER, from the Com- (Mr. LEAHY). to brief appropriate congressional commit- mittee on Commerce, Science, and Transpor- tees on efforts to advocate for and develop a tation: At 2:21 p.m., a message from the strategy to provide assistance in the best in- Report to accompany S. 692, a bill to im- House of Representatives, delivered by terest of these children. prove hurricane preparedness by establishing H.R. 4365. An act to amend title 5, United Mrs. Cole, one of its reading clerks, an- the National Hurricane Research Initiative, States Code, to make clear that accounts in and for other purposes (Rept. No. 112–266). nounced that the House agrees to the the Thrift Savings Fund are subject to cer- amendment of the Senate to the bill tain Federal tax levies. f (H.R. 443) to provide for the conveyance H.R. 6060. An act to amend Public Law 106– of certain property from the United 392 to maintain annual base funding for the INTRODUCTION OF BILLS AND States to the Maniilaq Association lo- Upper Colorado and San Juan fish recovery JOINT RESOLUTIONS cated in Kotzebue, Alaska. programs through fiscal year 2019. The following bills and joint resolu- The message further announced that H.R. 6364. An act to establish a commission tions were introduced, read the first the House agrees to the amendment of to ensure a suitable observance of the cen- tennial of World War I, to provide for the and second times by unanimous con- the Senate to the bill (H.R. 2076) to designation of memorials to the service of sent, and referred as indicated: amend title 28, United States Code, to members of the United States Armed Forces By Mr. BAUCUS (for himself and Mr. clarify the statutory authority for the in World War I, and for other purposes. HATCH): longstanding practice of the Depart- S. 3454. An act to authorize appropriations S. 3716. A bill to amend the Internal Rev- ment of Justice of providing investiga- for fiscal year 2013 for intelligence and intel- enue Code of 1986 to include vaccines against tory assistance on request of State and ligence-related activities of the United seasonal influenza within the definition of local authorities with respect to cer- States Government and the Office of the Di- taxable vaccines; considered and passed. rector of National Intelligence, the Central tain serious violent crimes, and for f Intelligence Agency Retirement and Dis- other purposes. ability System, and for other purposes. SUBMISSION OF CONCURRENT AND The message also announced that the S. 3630. An act to designate the facility of SENATE RESOLUTIONS House agrees to the amendment of the the United States Postal Service located at Senate to the bill (H.R. 4212) to prevent 218 North Milwaukee Street in Waterford, The following concurrent resolutions the introduction into commerce of un- Wisconsin, as the ‘‘Captain Rhett W. Schiller and Senate resolutions were read, and safe drywall, to ensure the manufac- Post Office’’. referred (or acted upon), as indicated: turer of drywall is readily identifiable, S. 3662. An act to designate the facility of By Mr. WARNER (for himself, Mr. the United States Postal Service located at 6 to ensure that problematic drywall re- WEBB, Mr. MCCAIN, and Mr. WICKER): Nichols Street in Westminster, Massachu- S. Res. 630. A resolution congratulating the moved from homes is not reused, and setts, as the ‘‘Lieutenant Ryan Patrick for other purposes. Navy and the current and former officers and Jones Post Office Building’’. crew of the U.S.S. Enterprise (CVN 65) on The message further announced that S. 3677. An act to make a technical correc- completion of the 26th and final deployment the House agrees to the amendment of tion to the Flood Disaster Protection Act of of the vessel; considered and agreed to. the Senate to the bill (H.R. 6029) to 1973. amend title 18, United States Code, to The enrolled bills were subsequently f provide for increased penalties for for- signed by the President pro tempore ADDITIONAL COSPONSORS eign and economic espionage, and for (Mr. LEAHY). other purposes. S. 2215 The message also announced that the At 3:40 p.m., a message from the At the request of Mr. DURBIN, the House agrees to the amendment of the House of Representatives, delivered by name of the Senator from Ohio (Mr. Senate to the bill (H.R. 6328) to amend Mr. Novotny, one of its reading clerks, BROWN) was added as a cosponsor of S. title 49, United States Code, to direct announced that the House has passed 2215, a bill to create jobs in the United the Assistant Secretary of Homeland the following bill, with an amendment States by increasing United States ex- Security (Transportation Security Ad- and an amendment to the title, in ports to Africa by at least 200 percent ministration) to transfer unclaimed which it requests the concurrence of in real dollar value within 10 years, and clothing recovered at airport security the Senate: for other purposes. checkpoints to local veterans organiza- S. 3250. An act to amend the DNA Analysis f tions and other local charitable organi- Backlog Elimination Act of 2000 to provide zations, and for other purposes. for Debbie Smith grants for auditing sexual SUBMITTED RESOLUTIONS The message further announced that assault evidence backlogs and to establish a the House agrees to the amendment of Sexual Assault Forensic Evidence Registry, SENATE RESOLUTION 630—CON- the Senate to the bill (H.R. 6621) to cor- and for other purposes. rect and improve certain provisions of f GRATULATING THE NAVY AND the Leahy-Smith America Invents Act THE CURRENT AND FORMER OF- MEASURES REFERRED FICERS AND CREW OF THE and title 35, United States Code. The following bill was read the first The message also announced that the ‘‘U.S.S. ENTERPRISE’’ (CVN 65) ON and the second times by unanimous House agrees to the amendments of the COMPLETION OF THE 26TH AND consent, and referred as indicated: Senate to the bill (H.R. 8) to extend FINAL DEPLOYMENT OF THE certain tax relief provisions enacted in H.R. 6726. An act to prevent the 2013 pay VESSEL adjustment for Members of Congress and per- 2001 and 2003, and to provide for expe- sons holding other offices or positions in the Mr. WARNER (for himself, Mr. WEBB, dited consideration of a bill providing Federal Government from being made; to the Mr. MCCAIN, and Mr. WICKER) sub- for comprehensive tax reform, and for Committee on Homeland Security and Gov- mitted the following resolution; which other purposes. ernmental Affairs. was considered and agreed to:

VerDate Mar 15 2010 01:38 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A02JA6.012 S02JAPT1 smartinez on DSK6TPTVN1PROD with S8666 CONGRESSIONAL RECORD — SENATE January 2, 2013 S. RES. 630 the Senate Office of Public Records, 232 order to the nominations; that any re- Whereas, on November 4, 2012, the U.S.S. Hart Building, Washington, D.C. 20510– lated statements be printed in the Enterprise returned to her homeport of Nor- 7116. RECORD; that the President be imme- folk, Virginia, after completing the 26th and The Senate Office of Public Records diately notified of the Senate’s action, final deployment of the vessel; will be open from 9:00 a.m. to 6:00 p.m. and the Senate then resume legislative Whereas the U.S.S. Enterprise, the first nuclear powered aircraft carrier to serve the on the filing date to accept these fil- session. United States, was inactivated on December ings. For further information, please The PRESIDING OFFICER. Is there 1, 2012, after more than 51 years in active contact the Senate Office of Public objection? Without objection, it is so service to the Navy and the Nation; Records at (202) 224–0322. ordered. Whereas the U.S.S. Enterprise is the 8th f The nominations considered and con- vessel to bear that name and justly and firmed are as follows: rightfully maintained the honor and tradi- LETTER OF RESIGNATION FOREIGN SERVICE tion of those vessels that previously bore the name; The PRESIDING OFFICER. The Deborah Ann McCarthy, of Florida, a Ca- Whereas the U.S.S. Enterprise participated Chair lays before the Senate the letter reer Member of the Senior Foreign Service, in the embargo of the island of Cuba ordered of resignation of Senator JIM DEMINT Class of Minister-Counselor, to be Ambas- by President John Kennedy in the fall of of South Carolina, which shall be print- sador Extraordinary and Plenipotentiary of 1962, helping to prevent an escalation of that ed in the RECORD. the United States of America to the Republic crisis; The letter follows: of Lithuania. Robert F. Godec, of Virginia, a Career Whereas the U.S.S. Enterprise conducted U.S. SENATE, Member of the Senior Foreign Service, Class multiple deployments in support of combat Washington, DC, December 20, 2012. of Minister-Counselor, to be Ambassador Ex- operations during the Vietnam War; Hon. NIKKI HALEY, traordinary and Plenipotentiary of the Whereas the U.S.S. Enterprise, upon re- Governor, State of South Carolina. United States of America to the Republic of ceiving the news of the September 11, 2001, DEAR MADAM GOVERNOR: I hereby give no- Kenya. attacks on the United States while returning tice of my retirement from the Office of home from a six-month deployment, imme- United States Senator from the State of f diately reversed course and was deployed in South Carolina. Therefore, I tender my res- the Arabian Sea; AUTHORIZING THE ISSUANCE OF ignation effective at 11:59 p.m., January 1, RIGHT-OF-WAY PERMITS Whereas the U.S.S. Enterprise launched 2013. hundreds of air strikes into Afghanistan in Respectfully Submitted, Mr. REID. Mr. President, I ask unan- support of Operation Enduring Freedom JIM DEMINT, throughout October 2001 to destroy Taliban imous consent that the Senate proceed U.S. Senate. and al Qaeda targets; to H.R. 4606. Whereas the U.S.S. Enterprise deployed six f The PRESIDING OFFICER. The clerk will report the bill by title. times over the last 11 years to conduct com- EXECUTIVE SESSION bat operations in support of Operation Iraqi The bill clerk read as follows: Freedom and Operation Enduring Freedom; A bill (H.R. 4606) to authorize the issuance and NOMINATION OF ERICA LYNN of right-of-way permits for natural gas pipe- Whereas the U.S.S. Enterprise and the 10 lines in Glacier National Park, and for other Nimitz-class aircraft carriers of the Navy GROSHEN TO BE COMMISSIONER purposes. have proven the wisdom and value of nuclear OF LABOR STATISTICS, DEPART- powered aircraft carriers, which have played MENT OF LABOR There being no objection, the Senate crucial roles across the range of military op- proceeded to consider the bill. erations, from humanitarian assistance to Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- combat operations, including operations in imous consent that the Senate proceed imous consent that the bill be read Iraq and Afghanistan since the beginnings of to executive session and the HELP three times, passed, the motion to re- hostilities, providing, from the sea, unparal- Committee be discharged from further consider be made and laid on the table, leled precision strike, close air support, and consideration of the following nomina- with no intervening action or debate, surveillance in support of ground combat op- tion: PN 1404; that the Senate proceed erations: Now, therefore, be it and that any statements be printed in Resolved, That the Senate— to vote without intervening action or the RECORD. (1) congratulates the Navy and the many debate on the nomination; the motion The PRESIDING OFFICER. Without crews of the U.S.S. Enterprise (CVN 65) on to reconsider be considered made and objection, it is so ordered. having provided the United States an incal- laid upon the table, with no inter- The bill (H.R. 4606) was ordered to a culable service in international relations and vening action or debate; that no fur- third reading, was read the third time, engagement and in the prevention and win- ther motions be in order to the nomi- and passed. ning of armed conflicts over the 51-year pe- nation; that any statements related to riod of the service of the U.S.S. Enterprise; f the nomination be printed in the (2) honors the service and memory of the PROTECT OUR KIDS ACT OF 2012 117 Sailors who made the ultimate sacrifice RECORD; that the President be imme- for their country while serving onboard diately notified of the Senate’s action, Mr. REID. Mr. President, I ask unan- U.S.S. Enterprise, including the 30 that were and the Senate then resume legislative imous consent that the HELP com- killed in action during the Vietnam War; session. mittee be discharged from further con- (3) honors the service of the 22 U.S.S. En- The PRESIDING OFFICER. Without sideration of H.R. 6655 and that it be terprise Sailors who were held as Prisoners objection, it is so ordered. of War during the Vietnam War, the 3 who referred to the Committee on Finance. died in captivity, and the 3 that are still list- The question is, Will the Senate ad- I further ask that the Finance Com- ed as missing-in-action; and vise and consent to the nomination of mittee be discharged from further con- (4) congratulates the nearly 100,000 current Erica Lynn Groshen, of New York, to sideration of H.R. 6655 and the Senate and former Sailors and thousands of current be Commissioner of Labor Statistics, proceed to its immediate consider- and former Marines who have served on the Department of Labor? ation. U.S.S. Enterprise and thanks them for the The nomination was confirmed. The PRESIDING OFFICER. Without selfless sacrifice they made in service to the objection, it is so ordered. The clerk United States. f will report the bill by title. f NOMINATIONS DISCHARGED The bill clerk read as follows: NOTICE: REGISTRATION OF MASS Mr. REID. Mr. President, I ask unan- A bill (H.R. 6655) to establish a commission MAILINGS imous consent that the Senate proceed to develop a national strategy and rec- The filing date for the 2012 fourth to executive session and the Foreign ommendations for reducing fatalities result- quarter Mass Mailing report is Friday, Relations Committee be discharged ing from child abuse and neglect. January 25, 2013. If your office did no from further consideration of the fol- There being no objection, the Senate mass mailings during this period, lowing nominations: PN 1928, and PN proceeded to consider the bill. please submit a form that states 1951; that the nominations be con- Mr. BAUCUS. Mr. President, Nelson ‘‘none.’’ firmed; the motions to reconsider be Mandela, former president of South Af- Mass mailing registrations, or nega- considered made and laid upon the rica once said ‘‘Safety and security tive reports, should be submitted to table; that no further motions be in don’t just happen; they are the result

VerDate Mar 15 2010 01:38 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A02JA6.017 S02JAPT1 smartinez on DSK6TPTVN1PROD with January 2, 2013 CONGRESSIONAL RECORD — SENATE S8667 of collective consensus and public in- and see how they can be improved to do Mr. REID. I know of no further de- vestment. We owe our children, the an even better job supporting vulner- bate on this matter. most vulnerable citizens in our society, able families. The bill was ordered to a third read- a life free of violence and fear.’’ This legislation is a step in the right ing and was read the third time. direction to protect kids. I commend Today, I am proud to join with Sen- The PRESIDING OFFICER. If there my colleagues Senators KERRY and ators KERRY, COLLINS, CARDIN, SHA- is no further debate, the question is, COLLINS for their years of work on this HEEN, SNOWE, and CONRAD to introduce Shall the bill pass. the Protect Our Kids Act. This legisla- issue. Our colleagues in the House of tion would establish a task force dedi- Representatives have already acted on The bill (H.R. 6655) was passed. cated to reducing child deaths from this legislation. Let us now join to- Mr. REID. I ask unanimous consent child abuse and neglect. Child welfare gether and create a life free of violence that the motion to reconsider be con- professionals, law enforcement officers, and fear for our most vulnerable citi- sidered made and laid on the table. and other child abuse prevention ex- zens. Let us pass the Protect Our Kids The PRESIDING OFFICER. Without perts. Act. objection, it is so ordered. Since 2002, more than 15,000 children Ms. COLLINS. Mr. President, I rise today to praise the passage of the have died due to abuse and neglect. f This number is based on state-reported ‘‘Protect Our Kids Act,’’ which will create a commission with the goal of Child Protection Services data. But ad- DEFINING TAXABLE VACCINES vocates predict the true number is far eliminating child abuse fatalities. The effort to address child abuse transcends greater. Mr. REID. Mr. President, I ask unan- Unfortunately, we do not have clear ideological and partisan lines. This is imous consent that the Senate proceed facts about the number of child abuse not a Democratic or Republican issue— to the consideration of S. 3716. this is an American issue—one that we and neglect fatalities. The PRESIDING OFFICER. The Some children may have died from can’t wish away, but that we must face head on and work to eradicate. Senator clerk will report the bill by title. child abuse and neglect, even if they The bill clerk read as follows: were not involved with the Child Pro- KERRY and I originally introduced the tective Services system or their deaths Protect Our Kids Act last year, and I A bill (S. 3716) to amend the Internal Rev- were not reported as due to abuse or am pleased that we have moved for- enue Code of 1986 to include vaccines against seasonal influenza within the definition of neglect. We know little about these ward with this critical, updated legisla- tion. Senator KERRY and I also intro- taxable vaccines. deaths since there is no standard duced a resolution recognizing April as means of collecting this data across There being no objection, the Senate Child Abuse Prevention Month. The States. And not all State child protec- proceeded to consider the bill. passage of the Protect Our Kids Act tion agencies seek information consid- Mr. REID. Mr. President, I ask unan- further represents our commitment to ering child abuse or neglect fatalities imous consent that the bill be read put an end to child abuse in the United from other agencies or offices like vital three times and passed, the motion to States. reconsider be considered made and laid statistics, medical examiners, or law Child abuse fatalities are prevent- enforcement. able; yet, approximately 1,770 children upon the table, with no intervening ac- We need to learn more about the are reported as dying from child abuse tion or debate, and any statements re- deaths of these children, so that we can each year, and many experts believe lated to the bill be printed in the prevent the senseless murders of other the actual number may be significantly RECORD. children. Our children deserve to be higher. This legislation would establish The PRESIDING OFFICER. Without protected from fear and terror espe- a commission to develop a national objection, it is so ordered. cially when the threat to their safety strategy for reducing child abuse fa- The bill (S. 3716) was ordered to be and well-being comes from those that talities. The commission will include a engrossed for a third reading, was read should cherish them the most. variety of professionals with expertise the third time, and passed, as follows: According to Child Protection Serv- in areas such as child welfare advo- S. 3716 ices data, in Montana we reported zero cacy, child development, pediatrics, fatalities from child abuse and neglect medical examining, social work, law Be it enacted by the Senate and House of Rep- last year. That is fantastic news. But enforcement and education. resentatives of the United States of America in there could be abuse or deaths not re- Through new research, hearings and Congress assembled, ported or not collected by Child Pro- the use and coordination of existing in- SECTION 1. ADDITION OF VACCINES AGAINST tection Services. So I am urging my SEASONAL INFLUENZA TO LIST OF formation, the commission will provide TAXABLE VACCINES. State to lift the standard even higher. a report with its recommendations for (a) IN GENERAL.—Subparagraph (N) of sec- Child Protection Services needs to co- developing a comprehensive national ordinate with other agencies for more tion 4132(a)(1) of the Internal Revenue Code strategy for reducing child abuse fa- of 1986 is amended by inserting ‘‘or any other data so that we can be sure that all talities. Increased understanding of vaccine against seasonal influenza’’ before Montana kids are safe. maltreatment deaths can lead to im- the period. Our Nation must embrace its respon- provement in agency systems and prac- (b) EFFECTIVE DATE.— sibility to protect our children. And we tices to protect children and prevent (1) SALES, ETC.—The amendment made by need to provide our children with men- child abuse and neglect. Therefore, it is this section shall apply to sales and uses on tal health challenges the support they imperative that we take action to cap- or after the later of— need to not only survive but to thrive italize on the commission’s findings. (A) the first day of the first month which as members of our society. This legislation requires the commis- begins more than 4 weeks after the date of We need to make sure that kids have sion’s report to be submitted to rel- the enactment of this Act, or (B) the date on which the Secretary of access to physical and mental health evant Federal agencies and Congres- services, so they can grow up into Health and Human Services lists any vaccine sional committees. All agencies with against seasonal influenza (other than any happy, productive adults. We need to recommendations that fall under their vaccine against seasonal influenza listed by help kids with mental illnesses by re- jurisdiction must then submit their re- the Secretary prior to the date of the enact- ducing the stigma surrounding mental action and plans to address such rec- ment of this Act) for purposes of compensa- health services and ensuring that kids ommendations to Congress within 6 tion for any vaccine-related injury or death know there is a support network back- months. through the Vaccine Injury Compensation ing them up. We have to use every re- Approximately 6 million kids are re- Trust Fund. source at our disposal to prevent abuse ported to be abused or neglected each (2) DELIVERIES.—For purposes of paragraph and ensure mental health support. We (1) and section 4131 of the Internal Revenue year. We know this can be prevented. Code of 1986, in the case of sales on or before should look at programs like home vis- This legislation is an important step the effective date described in such para- iting, which currently provides profes- that Congress and our Nation should graph for which delivery is made after such sional assistance, right at home, for take in order to better protect our date, the delivery date shall be considered over 50,000 families across our nation, kids. the sale date.

VerDate Mar 15 2010 01:38 Jan 03, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A02JA6.007 S02JAPT1 smartinez on DSK6TPTVN1PROD with S8668 CONGRESSIONAL RECORD — SENATE January 2, 2013 CONGRATULATING THE NAVY ON Resolved, That the Senate— Class of Minister-Counselor, to be Ambas- ‘‘U.S.S. ENTERPRISE’’ FINAL DE- (1) congratulates the Navy and the many sador Extraordinary and Plenipotentiary of PLOYMENT crews of the U.S.S. Enterprise (CVN 65) on the United States of America to the Republic having provided the United States an incal- of Lithuania. Mr. REID. Mr. President, I ask unan- culable service in international relations and Nominee: Deborah Ann McCarthy. imous consent that the Senate proceed engagement and in the prevention and win- Post: Lithuania. to S. Res. 630. ning of armed conflicts over the 51-year pe- (The following is a list of all members of The PRESIDING OFFICER. The riod of the service of the U.S.S. Enterprise; my immediate family and their spouses. I clerk will report the resolution by (2) honors the service and memory of the have asked each of these persons to inform title. 117 Sailors who made the ultimate sacrifice me of the pertinent contributions made by The bill clerk read as follows: for their country while serving onboard them. To the best of my knowledge, the in- U.S.S. Enterprise, including the 30 that were formation contained in this report is com- A resolution (S. Res. 630) congratulating killed in action during the Vietnam War; plete and accurate.) the Navy and the current and former officers (3) honors the service of the 22 U.S.S. En- Contributions, amount, date, and donee: and crew of the U.S.S. Enterprise (CVN 65) terprise Sailors who were held as Prisoners 1. Self: none. on completion of the 26th and final deploy- of War during the Vietnam War, the 3 who 2. Spouse: N/A. ment of the vessel. died in captivity, and the 3 that are still list- 3. Children and spouses: Natalia Alexander: There being no objection, the Senate ed as missing-in-action; and none. proceeded to consider the resolution. (4) congratulates the nearly 100,000 current 4. Parents: Natalia W. McCarthy, (Moth- Mr. REID. Mr. President, I ask unan- and former Sailors and thousands of current er)—none; George E. McCarthy—deceased. imous consent that the resolution be and former Marines who have served on the 5. Grandparents: deceased. agreed to, the preamble be agreed to, U.S.S. Enterprise and thanks them for the 6. Brothers and spouses: George E. McCar- selfless sacrifice they made in service to the thy—None; Teresa McCarthy—none. the motions to reconsider be laid upon United States. the table, with no intervening action 7. Sisters and spouses: Linda McCarthy f Milone—none; Paul Milone—none; Diana or debate, and any related statements McCarthy Bernard—none. be printed in the RECORD. ORDERS FOR THURSDAY, The resolution (S. Res. 630) was JANUARY 3, 2013 Robert F. Godec, of Virginia, a Career agreed to. Mr. REID. Mr. President, I ask unan- Member of the Senior Foreign Service, Class The preamble was agreed to. imous consent that when the Senate of Minister-Counselor, to be Ambassador Ex- The preamble, with its preamble, completes its business today and when traordinary and Plenipotentiary of the reads as follows: it convenes tomorrow, January 3, 2012, United States of America to the Republic of Kenya. S. RES. 630 at 12 noon, pursuant to the Constitu- Whereas, on November 4, 2012, the U.S.S. tion, following the prayer and pledge Nominee: Robert F. Godec. Enterprise returned to her homeport of Nor- and following the presentation of the Post: Nairobi. folk, Virginia, after completing the 26th and certificates of election and the swear- (The following is a list of all members of final deployment of the vessel; ing-in of elected Members, and the re- my immediate family and their spouses. I Whereas the U.S.S. Enterprise, the first quired live quorum, the morning hour have asked each of these persons to inform nuclear powered aircraft carrier to serve the be expired, the Journal of proceedings me of the pertinent contributions made by United States, was inactivated on December them. To the best of my knowledge, the in- 1, 2012, after more than 51 years in active be approved to date, and the time for the two leaders be reserved for their formation contained in this report is com- service to the Navy and the Nation; plete and accurate.) Whereas the U.S.S. Enterprise is the 8th use later in the day. Contributions, amount, date, and donee: vessel to bear that name and justly and The PRESIDING OFFICER. Without 1. Self: none. rightfully maintained the honor and tradi- objection, it is so ordered. 2. Spouse: none. tion of those vessels that previously bore the f 3. Children and spouses: N/A. name; 4. Parents: Nancy Dietrich—none; Ivan Whereas the U.S.S. Enterprise participated PROGRAM Dietrich—none for Federal campaigns; War- in the embargo of the island of Cuba ordered Mr. REID. Mr. President, there will ren D. Magnusson—deceased; Flora by President John Kennedy in the fall of Magnusson—deceased. 1962, helping to prevent an escalation of that be a live quorum at noon, which will be 5. Grandparents: Ovid Meyer—deceased; crisis; followed by the swearing in of new and Lyda Meyer—deceased; Frank Godec—de- Whereas the U.S.S. Enterprise conducted recently reelected Senators. ceased; Ophelia Mildred Godec—deceased. multiple deployments in support of combat f 6. Brothers and spouses: Mark Godec— operations during the Vietnam War; none; James Godec—$1000, 4/13/12, Romney Whereas the U.S.S. Enterprise, upon re- ADJOURNMENT UNTIL TOMORROW Victory Inc.; Elyse Godec—none. ceiving the news of the September 11, 2001, Mr. REID. Mr. President, if there is 7. Sisters and spouses: N/A. attacks on the United States while returning no further business to come before the *Nominee has committed to respond home from a six-month deployment, imme- Senate, I ask unanimous consent that diately reversed course and was deployed in to requests to appear and testify before the Arabian Sea; it adjourn under the previous order. any duly constituted committee of the Whereas the U.S.S. Enterprise launched There being no objection, the Senate, Senate. hundreds of air strikes into Afghanistan in at 5:07 p.m., adjourned until Thursday, support of Operation Enduring Freedom January 3, 2013. f throughout October 2001 to destroy Taliban f and al Qaeda targets; Whereas the U.S.S. Enterprise deployed six DISCHARGED NOMINATIONS CONFIRMATIONS times over the last 11 years to conduct com- The Senate Committee on Health, Executive nominations confirmed by bat operations in support of Operation Iraqi Education, Labor, and Pensions was Freedom and Operation Enduring Freedom; the Senate January 2, 2013: discharged from further consideration and DEPARTMENT OF LABOR of the following nomination by unani- Whereas the U.S.S. Enterprise and the 10 ERICA LYNN GROSHEN, OF NEW YORK, TO BE COMMIS- Nimitz-class aircraft carriers of the Navy mous consent. SIONER OF LABOR STATISTICS, DEPARTMENT OF LABOR, have proven the wisdom and value of nuclear *Erica Lynn Groshen, of New York, to be FOR A TERM OF FOUR YEARS. powered aircraft carriers, which have played Commissioner of Labor Statistics, Depart- DEPARTMENT OF STATE crucial roles across the range of military op- ment of Labor, for a term of four years. DEBORAH ANN MCCARTHY, OF FLORIDA, A CAREER erations, from humanitarian assistance to The Senate Committee on Foreign MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF combat operations, including operations in MINISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- Relations was discharged from further DINARY AND PLENIPOTENTIARY OF THE UNITED STATES Iraq and Afghanistan since the beginnings of consideration of the following nomina- OF AMERICA TO THE REPUBLIC OF LITHUANIA. hostilities, providing, from the sea, unparal- ROBERT F. GODEC, OF VIRGINIA, A CAREER MEMBER OF leled precision strike, close air support, and tions by unanimous consent. THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER– COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND surveillance in support of ground combat op- Deborah Ann McCarthy, of Florida, a Ca- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA erations: Now, therefore, be it reer Member of the Senior Foreign Service, TO THE REPUBLIC OF KENYA.

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