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

Vol. 158 WASHINGTON, THURSDAY, FEBRUARY 16, 2012 No. 26 Senate The Senate met at 10 a.m. and was APPOINTMENT OF ACTING quickly as we can. We are going to see called to order by the Honorable TOM PRESIDENT PRO TEMPORE if things can be expedited, but it ap- UDALL, a Senator from the State of The PRESIDING OFFICER. The pears that we will be in at least for to- New Mexico. clerk will please read a communication morrow. I hope we don’t have to be in to the Senate from the President pro longer than that, but it all depends on PRAYER tempore (Mr. INOUYE). when the House completes the work on The PRESIDING OFFICER. Today’s The legislative clerk read the fol- the conference report. That is not opening prayer will be offered by the lowing letter: scheduled yet. Reverend Dr. Costa G. Christo, senior U.S. SENATE, f pastor of the St. George Greek Ortho- PRESIDENT PRO TEMPORE, MEASURE PLACED ON THE dox Cathedral in Philadelphia, PA. Washington, DC, February 16, 2012. CALENDAR—S. 2111 The guest Chaplain offered the fol- To the Senate: lowing prayer: Under the provisions of rule I, paragraph 3, Mr. REID. Mr. President, there is a Let us bow our heads in prayer. of the Standing Rules of the Senate, I hereby bill at the desk due for a second read- appoint the Honorable TOM UDALL, a Senator ing. It is S. 2111. Be mindful of and protect, O Lord, from the State of New Mexico, to perform The ACTING PRESIDENT pro tem- these United States of America, our the duties of the Chair. pore. The clerk will report the bill by civil authorities, our Armed Forces by DANIEL K. INOUYE, title for the second time. land, sea, and air, and all who reside President pro tempore. The legislative clerk read as follows: and find shelter and refuge in this Mr. UDALL of New Mexico thereupon A bill (S. 2111) to enhance punishment for country from sea to shining sea, be- assumed the chair as Acting President cause ‘‘blessed is that Nation whose identity theft and other violations of data pro tempore. privacy and security. God is the Lord.’’ f During these times of economic in- Mr. REID. I object to any further stability at home and across the globe, RECOGNITION OF THE MAJORITY proceedings with respect to this bill at give us hope, restore order to our inner LEADER this time. The ACTING PRESIDENT pro tem- chaos, and strengthen our faith, be- The ACTING PRESIDENT pro tem- cause You are the God of all possibili- pore. Objection is heard. The bill will pore. The majority leader is recog- be placed on the calendar. ties, sound judgment, stability, new be- nized. ginnings, moderation, prudence, jus- Mr. REID. I ask the Chair to an- tice, and everlasting love, mercy, f nounce the business of the day. peace, and compassion. Enable our Na- SCHEDULE f tion—the land of the free and the home Mr. REID. Following leader remarks, RESERVATION OF LEADER TIME of the brave, one nation under God, in- the Senate will be in a period of morn- divisible, with liberty and justice for The ACTING PRESIDENT pro tem- ing business for 1 hour. The majority all—to be the example par excellence pore. Under the previous order, the will control the first half, the Repub- for all civilizations under the heavens. leadership time is reserved. licans the second half. Following morn- Furthermore, let our esteemed Sen- f ing business, the Senate will resume ators be Your instruments to bless our consideration of the surface transpor- MORNING BUSINESS Nation and the entire world; for to You tation bill. Mr. REID. Under the previous order, belong the kingdom, the power, and the Mr. President, we are doing our ut- the Senate will be in a period of morn- glory, forevermore. Amen. most to work through the matters we ing business for 1 hour, with Senators still have to do in the Senate. We have permitted to speak therein for up to 10 f pending now a cloture motion on the minutes each, with the time equally di- surface transportation bill. That time vided and controlled between the two PLEDGE OF ALLEGIANCE will ripen tomorrow morning an hour leaders or their designees, with the ma- The Honorable TOM UDALL led the after we come in. Following that, there jority controlling the first half and the Pledge of Allegiance, as follows: is a vote on a person from New York Republicans controlling the final half. I pledge allegiance to the Flag of the who desires to be a Federal judge. Mr. President, I suggest the absence United States of America, and to the Repub- We will notify all Members when the of a quorum. lic for which it stands, one nation under God, conference report is scheduled in the The ACTING PRESIDENT pro tem- indivisible, with liberty and justice for all. House, and we will do it over here as pore. The clerk will call the roll.

∑ 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 03:07 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.000 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S806 CONGRESSIONAL RECORD — SENATE February 16, 2012 The legislative clerk proceeded to But instead of being treated in a hos- focus on the Russian spring. Opposition call the roll. pital, he was put in an isolation cell, groups, citizens, and, in many cases, Mr. WICKER. Mr. President, I ask chained to a bed, beaten by eight pris- the mainstream media have reacted to unanimous consent that the order for on guards with rubber batons for 1 hour moves by the Russian regime they view the quorum call be rescinded. and 18 minutes until he was dead. as no longer acceptable. The ACTING PRESIDENT pro tem- Sergei Magnitsky was 37 years old and On September 24 of last year, Presi- pore. Without objection, it is so or- left behind a wife, two children, and a dent Medvedev struck a deal that dered. dependent mother. would clear the way for his prede- f While the facts surrounding his ar- cessor, Vladimir Putin, to run next rest, detention, and death have been RUSSIAN HUMAN RIGHTS month for a third Presidential term. As independently verified and accepted at the Wall Street Journal noted in an Mr. WICKER. Mr. President, I expect the highest levels of Russian Govern- opinion piece last December: to be joined in a moment by my col- ment, those implicated in his death Even the most thick-skinned citizens saw league and good friend, Senator and the corruption he exposed remain that turning the Presidency into the object CARDIN, and he and I and perhaps oth- unpunished, in positions of authority, of a private swap made a mockery of the ers will be talking about the deterio- and some have even been decorated and Constitution. rating situation in Russia with regard promoted. Following Magnitsky’s Russia’s fraudulent parliamentary to human rights and the rule of law. death, they have continued to target elections in December further deepened I came to the floor in November to others, including American business in- the political crisis and affirmed the speak about the deteriorating situa- terests in Moscow. erosion of democracy. Secretary Clin- tion. I spoke about the wrongful im- These officials have been credibly ton—our Secretary of State—called prisonment and tragic death of Russian linked to similar crimes and have ties them neither free nor fair. So this is a lawyer Sergei Magnitsky. to the Russian mafia, international bipartisan denunciation of the process. Mr. President, let me state that at arms trafficking, and even drug car- this point I will be happy to yield to Observers have claimed that 12 to 15 tels. The money they stole from the percent of the votes were falsified in my colleague from Maryland to actu- Russian budget was laundered through ally kick off this discussion. I think favor of the United Russia Party. Ac- a network of banks, including two in cording to most analysts, improvement that was the agreed-upon order, and the United States. Calls for an inves- staff believed I would have a few mo- is not expected in the upcoming Presi- tigation have fallen on deaf ears. dential election this March. ments. But I would be glad to defer to In an Orwellian turn of events, the But these corrupt actions have not my friend. law enforcement officers accused by been ignored. On December 10, more The ACTING PRESIDENT pro tem- Magnitsky and those complicit in his than 60,000 Russians took to the streets pore. The Senator from Maryland. murder are moving to try him for the of Moscow in protest. Similarly, on Mr. CARDIN. Mr. President, I ask very tax crimes they committed. Think February 4, some 120,000 citizens from unanimous consent that there be 30 of the irony. He exposed corruption in across the political spectrum braved minutes available for a colloquy con- Russia. As a result, he was arrested, below-zero weather during a prodemoc- trolled by Senator WICKER and myself. imprisoned, tortured, and killed. Now racy march in central Moscow. Their The ACTING PRESIDENT pro tem- those who perpetrated the crime on demands were clear: Release political pore. Without objection, it is so or- him are charging him, after his death, prisoners such as Khodorkovsky and dered. with the crimes they committed. Mr. CARDIN. I thank the Chair, and We cannot be silent. One of the most Lebedev. Allow opposition parties to I thank Senator WICKER for starting us articulate voices in the Senate on this register. Hold free and fair elections. And pledge not to give a single vote to off on the discussion of what is hap- issue has been Senator WICKER, who is pening in Russia today. the leading Republican on the Helsinki Putin on March 4. Similar rallies were I rise today, along with some of my Commission, and I applaud him for his held in small towns across Russia. colleagues, to bring attention to the efforts not only in bringing the We can be glad for the call for reform growing issue of human rights viola- Magnitsky abuse to public attention and we are glad it is growing louder. tions in Russia, typified by the case of and what is happening in Russia, but in According to a February poll by Rus- Sergei Magnitsky. Just last week, as many other areas where human rights sia’s independent Levada Center, 43 part of a bilateral Presidential com- violations have occurred. percent of Russians now support pro- mission, Attorney General Holder met I will be glad to allow my colleague democracy protests. Additional pro- with the the Russian Minister of Jus- some time on this issue, Mr. President. tests are already scheduled for later tice to discuss the rule of law issues. Mr. WICKER. I thank my colleague this month. That same week, Russian officials from Maryland. And yes, indeed, there Specifically let me once again under- moved in their criminal prosecution of are other cases of human rights viola- score the horrific facts about Sergei Sergei Magnitsky. Mr. President, I re- tions, not the least of which I have Magnitsky, because they need to be mind you that Mr. Magnitsky has been highlighted time and again on this heard, and perhaps some of our col- dead for more than 2 years. Senate floor—being the cases of Mi- leagues were not listening the first Last May I joined with Senator khail Khodorkovsky and Platon time. MCCAIN, Senator WICKER, and 11 other Lebedev. Each is an appalling story In the midst of this public outcry and Senators from both parties to intro- such as the one Senator CARDIN pointed demand for democratic process, the duce the Sergei Magnitsky Rule of Law out with regard to Mr. Magnitsky, a news out of Russia with regard to Mr. Accountability Act. We now have near- story about the corruption within the Magnitsky is almost unbelievable. Last ly 30 cosponsors, and I urge more to Russian Government itself. My col- week, it was revealed that the police in join us and look at ways to move for- leagues and I will continue to speak Russia plan to retry the tax evasion ward on helping halt abuses like this in out about these cases in the hope that case of the late Sergei Magnitsky. As the future. attention will inspire change. many of my colleagues are aware, Mr. After exposing the largest known tax I look forward to the day when the Magnitsky is already dead. He died in fraud in Russian history, Sergei focus of a floor statement can be about Russian detention more than 2 years Magnitsky, a Russian tax lawyer, the progress we have made with Rus- ago. He was a lawyer and a partner in working for an American firm in Mos- sia. This is something to which my col- an American-owned law firm based in cow, was falsely arrested for crimes he league and I dearly look forward. We Moscow. He was married, with two did not commit and tortured in prison. look forward to the day when Russia children, as my friend has said. His cli- Six months later, he became seriously begins to uphold democracy, human ents included the Hermitage Fund, ill and was consistently denied medical rights, and the rule of law. which is the largest foreign portfolio attention, despite 20 formal requests. Unfortunately, today is not the day. investor in Russia. Then, on the night of November 16, In recent months, an overwhelming Through his investigative work on 2009, he went into critical condition. number of headlines out of Russia behalf of Hermitage, Mr. Magnitsky

VerDate Mar 15 2010 03:07 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.001 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S807 discovered that Russian Interior Min- ful, that he was systemically denied Steve Biko in 1977, that one person’s istry officers, tax officials, and orga- medical care, that he was beaten in life and sometimes death can change nized criminals worked together to custody which was the proximate cause the system. Since we are now living on steal $230 million in public funds, or- of his death, that his medical records the Internet, such change often comes chestrating the largest tax rebate were falsified, and that there is an on- much faster than expected. fraud in the history of the Russian Re- going coverup and resistance by all I am going to comment about the public. government bodies to investigate. legislation I filed and the need for us to In 2008, Mr. Magnitsky voluntarily Senator CARDIN and I and Senator consider that, but I notice Senator gave sworn testimony against officials MCCAIN and others have no choice but SHAHEEN is on the floor. Senator SHA- from the Interior Ministry Russian tax to continue coming to this floor, to HEEN is a member of the Helsinki Com- department and the private criminals continue using every forum we can pos- mission. She also chairs the Sub- whom he found had perpetrated the sibly use to bring these facts to light. committee on European Affairs on the fraud. A month later, an arrest was I have taken quite a bit of our time Senate Foreign Relations Committee made—and the person arrested was Mr. with my prepared statement, so I yield and has been an outspoken champion Magnitsky himself. He was placed in back to my friend from Maryland as to on behalf of human rights. I am pleased pretrial detention and held without any other thoughts he might have. I she is here, and I wish to give her an trial for 12 months. want to commend his leadership with opportunity to talk about this issue. While in custody, he was pressured regard to the legislation. The PRESIDING OFFICER. The Sen- and tortured by Russian officials, hop- Do I understand now that we have ator from New Hampshire. ing he would withdraw his testimony some 30 cosponsors? Mrs. SHAHEEN. Mr. President, I and falsely incriminate himself and his Mr. CARDIN. That is correct. And, thank Senator CARDIN and Senator client. But he refused to do so, and his again, I thank the Senator for his lead- WICKER for their efforts today coming condition worsened and his health ership and I thank him for his com- down to the floor to raise this impor- worsened. He spent months without ments. tant human rights issue. medical care. Requests for medical ex- We have 30 cosponsors of the As you say, if we didn’t see the facts, amination and surgery were denied by Magnitsky legislation and I am going we would believe this was fiction, what Russian government officials. to be encouraging more of our col- is going on in Russia today. But I think On November 13, 2009, Mr. leagues to join us in cosponsorship. I these efforts are particularly impor- Magnitsky’s condition deteriorated want to talk a little bit about that, if tant given what is happening today in dramatically. Doctors saw him on No- I might. But let me underscore the Russia. vember 16, when he was transferred to point Senator WICKER made. We have seen historic demonstra- a Moscow detention center that actu- Mr. Magnitsky died 2 years ago for tions on the streets of Moscow over the ally had medical facilities. Yet, instead crimes perpetrated on him that have last several months. Ordinary Russian of being treated at those facilities im- been well documented. The Russian citizens, fed up with nearly a decade of mediately, he was placed in an isola- Federation is now charging him after corruption, have courageously taken to tion cell, handcuffed, and beaten until his death for those crimes—after his the streets to demand their voices be he died. death. Not even in Stalin’s time did heard. The fraudulent Duma elections In the months following his death, they try people after they died. This is and the cynical and manipulative deci- Russian officials repeatedly denied the first time in Russian history that a sion by Prime Minister Putin to return facts concerning his health condition. man has been tried after his death. to the Presidency have reawakened The Russian state investigative com- Further, they have summoned Mr. civil society throughout Russia. mittee claimed that Magnitsky was Magnitsky’s widow and ailing mother As a leading Russian social activist not pressured or tortured, but died nat- as witnesses against their husband and Alexei Navalny wrote from his jail cell urally of heart disease, and his death son. This is a new chapter in brazen following the peaceful December dem- was nobody’s fault. This is from the impunity. onstrations: Russian Government. An editorial last week in the Finan- We all have the only weapon we need and Since Mr. Magnitsky’s death, two cial Times observed that: the most powerful. That is the sense of self- subsequent reviews have helped clarify If he is convicted, the accused’s citizenship respect. some of the facts. In late December of could be revoked, he could be exiled, and Today, as we call for justice for 2009, the Moscow Public Oversight forced to die somewhere else. human rights abuses in Russia, we also Commission, an independent watchdog That might be funny if it weren’t stand with those brave Russian citizens mandated under Russian law to mon- real. who have risked so much in calling for itor human rights, issued its conclu- If that weren’t enough, the Russian their rights to be respected, just as sions on this case. This independent Justice Minister recently proposed Sergei Magnitsky did. Russian oversight commission stated that the United States and Russia con- As we have seen throughout this last that in detention, Magnitsky had been clude an extradition treaty. year of upheaval around the globe, the subjected to torture, physical and psy- Legal farces like we have seen in the rising voice of a public driven to peace- chological pressure; that he was denied case of Sergei Magnitsky and many ful protest can be deafening. Prime medical care; and that his right to life others bring reasonable people to only Minister Putin and his regime would be had been violated by the Russian state. two conclusions, both of which are pro- wise to listen to the people of Russia. The conclusions were sent to the foundly disturbing: Either senior lead- I also want to echo what Senators Russian General Prosecutor’s Office, ers are not the ones running the coun- WICKER and CARDIN have said about the the Russian State Investigative Com- try or the senior leadership is importance of passing the Sergei mittee, the Russian Ministry of Jus- complicit in these outrages. Magnitsky Rule of Law Accountability tice, and the Presidential Commission. The Magnitsky story sounds like a Act. There are now 28 Senate cospon- None of these agencies has responded Hollywood thriller, but his case is real sors. I am one of those cosponsors and to the report’s conclusions. and the rampant corruption, violence, am proud to be, and I want to associate More recently, a second finding was and lawlessness do exist in the Russian myself with what Senators have said issued by the Russian President’s Government. His cause has become a on the floor of the Senate today. Human Rights Council. It issued its global campaign for justice. The case of Mr. Magnitsky is a tragic independent expert findings on the As Senator WICKER pointed out, the one. He was falsely imprisoned, beaten, case. The report found that Magnitsky popular opinion in Russia is on the side denied medical care, and ultimately was arrested on trumped-up charges— of justice. There have been over 4,000 killed, as you all have so eloquently yet, they are being brought forward stories on Sergei Magnitsky since his explained. And to this day, no one has again after his unfortunate death—in death in Russia. been held accountable for his tragic breach of Russian law and in breach of We know from countless historical and unnecessary killing. We stand here the European human rights conven- cases, such as the death in police cus- today to press for accountability in Mr. tion, that his prosecution was unlaw- tody of the anti-apartheid activist Magnitsky’s death. However, I think it

VerDate Mar 15 2010 03:07 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.003 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S808 CONGRESSIONAL RECORD — SENATE February 16, 2012 is important for us to reiterate that cent of the vote). Nine opposition parties khail Khodorkovsky and the manager of this this is more than simply a question of across the political spectrum, including the company Platon Lebedev. Amnesty Inter- one man’s tragic case. People’s Freedom Party, were denied access national has recognized both of them as pris- The State Department’s human to the ballot altogether. This behavior vio- oners of conscience. The result of their ar- lates not only Russian, but also inter- rights report for this year described rest and the takeover of the company be- national norms—including the statutes of came expansion of the gigantic economic numerous violations, as Senator the OSCE, to which both Russia and the empire owned by persons from Prime Min- CARDIN said so well: attacks on jour- United States are party. ister V. Putin’s inner circle. nalists, physical abuse of citizens, It is time to end the impunity for those Opposition politicians, human rights advo- who continue to show contempt for inter- harsh prison conditions, politically mo- cates and civic activists have become vic- national norms and values, while enjoying tivated imprisonments, and other gov- tims of persecutions and unlawful arrests the privileges of free travel and financial under made-up pretexts. Such persecutions ernment harassments and violence. interactions in the West. S.1039 would pro- will not cease as long as those who are re- The European Court of Human vide an important measure of accountability sponsible for the death of Magnitsky, for the Rights has issued more than 210 judg- for those who violate the basic—and inter- imprisonment of Khodorkovsky and Lebedev, ments, holding Russia responsible for nationally protected—rights and freedoms of and the crackdown on Russian civil society grave human rights violations, includ- Russian citizens. It is time to tell thieves remain unpunished. ing abductions, killings, and torture in and human rights violators that they are no Bill S. 1039 prescribes sanctions not only Chechnya and throughout the northern longer welcome. It is the task of Russian citizens and Rus- with respect to the Magnitsky case, but ap- Caucasus. sian citizens alone to bring about political plies to the entire range of human rights There are many more cases like change and democratic governance in our abuses, among others, in Russia as well. Ac- Magnitsky, which is why the bill is so country. But by passing S. 1039, the U.S. Sen- cordingly, officials responsible for the politi- important. It seeks to ensure that no ate can do more to help the cause of democ- cally motivated persecution of Mikhail human rights abusers, in Russia or racy and the rule of law in Russia than by all Khodorkovsky, Platon Lebedev and the elsewhere in the world, are granted the the statements and speeches combined. other victims of the persecution of the privilege of traveling to this country or Sincerely, YUKOS company as well as those who im- utilizing our American financial sys- BORIS NEMTSOV, pede the exercise of fundamental democratic Co-Chairman. liberties, ones such as freedom of assembly, tem. freedom to create parties, freedom of elec- As chair of the Subcommittee on Eu- 16 SEPTEMBER 2011. tions etc. ought to be included in this list. ropean Affairs, I was pleased to preside Hon. HARRY REID, This is a list that is much longer that that over a hearing on the Magnitsky bill Majority Leader, U.S. Senate, list of roughly 60 individuals sent by Senator and on the state of human rights in Hon. JOHN KERRY, Cardin to the US State Department in 2010. Russia. I thank Chairman KERRY for Chairman, Committee on Foreign Relations, Such a list must from now on be supple- helping to make that hearing possible. U.S. Senate. mented with new names. During the hearing we had a very DEAR MESSRS. SENATORS: This letter is an The threat of sanctions against the per- constructive conversation with State expression of support for S. 1039, the ‘‘Sergei petrators of the Magnitsky tragedy struck a Department officials, and we heard Magnitsky Rule of Law Accountability Act raw nerve with the Russian officials respon- of 2011’’, currently pending before the Senate sible for this tragedy. The consistent imple- unanimous support for the legislation Committee on Foreign Relations. mentation of international pressure on the from an impressive panel of human This bill prescribes sanctions in the form corruptioneers in the leadership circles of rights activists and Russian experts. of denial of visas to the US and freezing of Russia will be a significant support for our We have also received letters that I ask bank accounts in the USA for persons—in- civil society and for those honest people unanimous consent to have printed in cluding officials of the Russian Federation— within the Russian power structures who are the RECORD from leading human rights who have engaged in human rights viola- trying to renew and reform government in- tions, ones such as abuses of power whether stitutions. and civil society leaders in Russia call- for personal or political motives or for cov- ing on the Senate to pass the We call upon you, Honorable Senators, to ering up abuses by colleagues. support S. 1039, the ‘‘Sergei Magnitsky Rule Magnitsky bill. Egregious abuses of human rights are, un- of Law Accountability Act of 2011.’’ We hope There being no objection, the mate- fortunately, common in today’s Russia. that it will be considered without delay and Sergei Magnitsky, the namesake of the bill, rial was ordered to be printed in the favorably in the Senate Committee on For- RECORD, as follows: was deprived of his liberty without cause and in violation of basic principles of justice. eign Relations and then by the full Senate. PEOPLE’S FREEDOM PARTY, Russian authorities were responsible for his Respectfully, Russia, December 11, 2011. perishing while in custody. Magnitsky ended Ludmilla Alexeeva, chairwoman of the Sen. JEANNE SHAHEEN, up in jail because, executing his official du- Moscow Helsinki Group; Lev Chairman, ties, he discovered theft from the Russian Ponomarev, head of the All-Russia Sen. JOHN BARRASSO, budget of a large sum of money, committed Movement For Human Rights; Nina Ranking Member, Subcommittee on European by a group of senior Russian officials. Rus- Katerli, writer, member of the Russian Affairs, U.S. Senate Committee on Foreign sian authorities continue to evade bringing PEN-CENTRE, member of the Public Relations. the officials guilty of Magnitsky’s death to Expert Board of the All-Russia Move- DEAR SENATORS: I am writing to express justice. ment For Human Rights; Lidiya my strong support for S. 1039, the Sergei For us it is very important that US legisla- Grafova, journalist; Liya Magnitsky Rule of Law Accountability Act tors take steps to bring the persons who are Akhedzhakova, people’s artist of the of 2011, currently under consideration by the violating the law and abusing power in Rus- RF; Natalia Fateyeva, people’s artist U.S. Senate. sia to justice. We believe human rights of the RF; Boris Vishnevsky, observer Last Saturday, over 100,000 Russian citi- should not be sidelined for perceived polit- for Novaya gazeta; Konstantin zens gathered in central Moscow to protest ical interests. Azadovskii, literary historian, Chair- against the authoritarian and kleptocratic Human rights should not be sidelined for man of the executive committee of the regime of Vladimir Putin—the regime that the sake of political interests, whatever they Saint Petersburg PEN-club; Eldar has curtailed media freedom, turned elec- may be. Ryazanov, film director, scriptwriter, tions into a farce, and Parliament and the Sergei Magnitsky fell victim to inhuman poet; Alexey Devotchenko, Russian judiciary into rubber-stamps, put opponents Russian justice. No small number of our citi- theater and movie actor, honoured art- behind bars, and presided over unprecedented zens are illegally deprived of liberty in con- ist of Russia; Boris Nemtsov, politi- corruption (the latest Transparency Inter- sequence of the defects of this system. Impu- cian; Mark Urnov, Russian political national Index places Russia 143rd, below nity for those who fabricated the charges scientist, scientific head of the Applied Eritrea and Sierra Leone). Too often, as in against Magnitsky and caused him to die, Political Science Department of the the case of Sergei Magnitsky, the corruption gives free rein to other officials, who enrich Higher School of Economics State Uni- and the lawlessness result in human tragedy. themselves with the property of others or versity; Victor Shenderovich, Soviet Apart from robbing the Russian people of pursue the political opponents of the au- and Russian satirist, TV and radio its wealth and its dignity, Mr. Putin’s re- thorities. The felonious enforcement cliques host, liberal publicist, human rights gime is robbing it of its voice. The December seize the property of their victims who resist advocate; Vladimir Ryzhkov, opposi- 4th parliamentary election was marred by these takeovers, pursue them and deprive tion politician; Rafail Ganelin, histo- widespread fraud: some 13 million votes were them of their liberty for many long years. rian, corresponding member of the Rus- stolen as a result of ballot-stuffing and other And in detention they can be subjected to sian Academy of Sciences. manipulations designed to preserve the rul- abuse and even torture. ing United Russia party’s majority (even The most famous victims of such takeovers Mrs. SHAHEEN. Around the world, with this, the party received less than 50 per- are the owner of the YUKOS company Mi- governments are also taking up this

VerDate Mar 15 2010 03:07 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.004 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S809 important call. The European Par- The Senator from New Hampshire privilege. There is no guaranteed right liament, Canada, and The Netherlands mentioned other organizations in Rus- to come to America. are considering similar pieces of legis- sia. I am glad she has had those letters One thing we can do is say those who lation. This summer, the U.S. State printed in the RECORD. are committing these gross human Department barred dozens of Russian I also point out I have to applaud the rights violations should not be given officials from traveling to the United international reaction. In December, the privilege of entering the United States over their involvement in the the European Parliament passed a res- States. death of Magnitsky. olution recommending an EU-wide I wish to acknowledge and thank I want to commend the administra- travel ban and asset freeze for officials Secretary of State Clinton for taking tion, and particularly Secretary Clin- tied to Mr. Magnitsky’s death. action against human rights violators. ton for her strong words condemning We need to act as a Senate and as a That is the right policy. The legisla- the recent fraudulent elections in Rus- Congress. I am calling on every Sen- tion we have authored institutionalizes sia. But despite all these efforts, there ator within the sound of my voice a process where we deny the right for is more we can do to support human today, every legislative director deal- those individuals to visit, to come to rights in civil society, freedom of ex- ing with defense and foreign policy the United States. pression in Russia. issues, once again to look at the Sergei Obviously, that has a price to them. Passing the Magnitsky bill this year Magnitsky Rule of Law Accountability Of course, what we are trying to do is is one of them. In the midst of an elec- Act. get the government—in this case Rus- tion year, at a time of difficult par- I will tell my friend from New Hamp- sia—to do what is right. tisanship, I believe this is one effort— shire that the number is now up to 30, The second thing we could do is deal as we have seen so well from Senator we learned on the floor today from with their financial participation in CARDIN and Senator WICKER today— Senator CARDIN, so we have 30 Senators U.S. institutions. These people do get this is one effort on which both sides of involved. We ought to have a majority involved in international finance. They the aisle can agree. We stand today un- of Senators before the end of this day, do have resources that travel through ambiguously in support of the rule of if people would just take the time to U.S. financial institutions. We do have law, democracy, and respect for human look. I join her in congratulating the laws that allow us to hold those funds rights in Russia. I hope our colleagues Foreign Relations Committee on bring- through due process. We can do that. in the Congress and at the State De- ing further light to this issue. I thank That is the reason why the legisla- partment will work constructively in the State Department, as she said. I tion we have talked about today, the the months ahead to pass this critical will simply conclude my portion by legislation I introduced, along with my legislation. saying recent events make it even colleagues, would institutionalize Before I yield the floor, I also think more important that the Foreign Rela- those types of changes. For those who it is important to call attention to the tions Committee and that this Senate think it may not mean much, let me particularly egregious act that Russia remind them about what we did when committed in recent days before the take up and pass this legislation. I urge the Soviet Union denied the rights of United Nations, when they vetoed the all my colleagues to consider joining us Jews to be able to leave the country. In Security Council resolution aimed at on this legislation. Mr. CARDIN. If I might, I thank Sen- the Congress, we took action by legis- halting the ongoing violence in Syria. ator SHAHEEN for her comments, but lation. Many said: Would that make Today, more than 25,000 people have any difference? fled Syria; more than 7,000 innocent more importantly I thank her for her It made a huge difference. It brought Syrians have died at the hands of leadership. The hearing she held on the about change in the Soviet Union. President Assad. Despite Syria’s grow- Sergei Magnitsky bill was very helpful. First, I think in answer to the ques- Other countries followed our leader- ing isolation, Russia continues to har- tion of why we should care, we all un- ship. As both my colleagues have bor and arm the Syrian regime. This is pointed out, if we act, other countries unacceptable. I think our passage of derstand America’s leadership on will act. It will become the norm and the Magnitsky bill will send a very moral issues. The world looks to Amer- that will help us establish the expecta- strong sign to Russia that not only in ica to stand against these fundamental tion that countries do need to address the Magnitsky case and other human abuses of human rights, so that in and tragedies such as Sergei Magnitsky’s abuses in-country are they going to be of itself is a reason for us to act. held accountable, but their actions It is also apparent from the hearings and, more importantly, take steps so it internationally will also make them that actions of these criminals, these never happens again. That is what we accountable to the international com- violations in Russia, involve our finan- are attempting to do by moving for- munity. cial institutions. So we are talking ward with this legislation. As Senator Again, I say thank you to Senators about the integrity of American com- WICKER said, we do urge our colleagues CARDIN and WICKER for their leadership panies to be able to do business inter- to join us in this effort. on this issue. I am pleased and honored nationally. Senator WICKER mentioned what is to be able to join them in making this It is not only the moral issue about happening around the world. We see fight. which we have a right to speak out. As countries go through a democratic Mr. WICKER. Mr. President, we were my colleagues on the floor know, in the transformation we never thought we honored to have Senator SHAHEEN join commitments we all signed onto in would see in our lifetime. It happened us. I know there are others who would Helsinki in 1975, we had committed in Europe and they are now some like to be here today. ourselves to basic human rights and model democracies, our NATO allies, We are here to tell the sordid facts of the obligation of any member state to countries that just a few decades ago this case. But we are also here because question the conduct in another state. we thought would be our enemies to change can occur. If this were com- Russia is a signator of the Helsinki this day. So we have seen change pletely hopeless, what would be the Final Act. The United States is a occur. We want to be on the right side point of this exercise? Change occurred signator. We have a responsibility to of this issue, the right side of history, in Eastern Europe. I must admit there bring this to the world’s attention. on moving Russia forward with the was a time in my younger days when I We can do more. What can we do types of reforms to which the people of doubted it would ever occur. My hat is about this? There are many aspects of Russia are entitled. off to the intrepid members of the Pub- the Magnitsky tragedy that are dif- We have the right to do that under lic Oversight Commission who had the ficult for us to pursue in the United the Helsinki Act. We have the responsi- courage to issue a report critical of States. It cannot be through our jus- bility to point out these issues. We can their government to the Russian Presi- tice system; it has to be their justice take action that can make a huge dif- dent’s Human Rights Council. So system that has to be reformed. But ference. That is why we are engaged in voices are being heard. There is a there are steps we can take. The legis- this discussion, to say we want Russia thread of truth coming from the al- lation we all filed recognizes the right to do the right thing. We want to speak most Iron Curtain of authoritarianism to visit America is a privilege granted out to the Russian people. We think we that we have reverted to in Russia. by the United States. The visa is a can play a very important role.

VerDate Mar 15 2010 03:07 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.005 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S810 CONGRESSIONAL RECORD — SENATE February 16, 2012 The U.S. Helsinki Commission, of morning and talk about because, as I Obama Faces Task of Selling Dueling which I had the honor to be the Senate read through it, it looks to me as Budget Ideas. President Obama more than ever confronts chair and Senator WICKER is the lead though the President has abandoned the challenge of persuading voters that he Republican on the Senate side, has a his role as leader of the Nation by not has a long-term plan to reduce the deficit, proud history of putting a spotlight on being honest with the American people even as he highlights stimulus spending. about the significance of the debt that problems. People do not like name call- Challenging to persuade voters that we as Americans face. To me, this ing, but we have to point out where the he has a long-term plan to reduce the budget ambushes the American people. violations occur. Unfortunately, if we deficit. What did he promise? What did The President, under the pretense of do not do it, it becomes statistics. But he deliver? What we see is a health care economizing, promises to cut $4 trillion if we do it, we put a face on it—so we law where he promised one thing and of deficit over 10 years, but the budget realize these are people who have fami- delivered something very different. We itself actually piles $11 trillion of new lies who have been abused because they see it now in the budget, and the num- are trying to do the right thing—we debt in that same timeframe. Under the pretense of helping every- bers are so large. The numbers are so can get action. That is why I am so astronomically large that it is hard for proud of the legacy of the U.S. Helsinki one to prosper, to me the President’s budget buries every single American one to comprehend how much a deficit Commission and what we have been of $1 trillion truly is. You can visit able to do. under a mountain of debt and that is a debt that is going to rob more and with high school students or service This is another chapter in that proud clubs or go to townhall meetings or history of saying we are going to stand more from their paychecks with each passing year. The savings the President senior centers, the number is so large for basic human rights, that is a pri- promises are not going to come. The it is hard to wrap one’s mind around it. ority for our country, we can do better spending he demands is for things we The President tries to make people and we can do justice for Sergei cannot afford. It seems to me this believe that everything would be OK if Magnitsky and we can do justice for President’s budget is another painful he could just raise some taxes—just a the people of Russia. step on the road to bankrupting Amer- little bit, he says—on some other peo- Mrs. SHAHEEN. Will the Senator ica. ple—not you but other people—and ev- yield for a question? We are in the fourth year of the Pres- erything would be fine. When you actu- Mr. CARDIN. I will be glad to yield. idency, and for each of those 4 years ally look through this, to get to $1.3 Mrs. SHAHEEN. One of the things the deficit has exceeded $1 trillion; $1 trillion, which is what the President the Senator talked about so elo- trillion in each of the 4 years of this has proposed in this year’s budget as a quently, as we talked about the ability Presidency. deficit, you could take all the million- of our financial systems to impact How does that match with what the aires and billionaires—things he likes what is happening in Russia—one of President has been saying? In February to rail about—and you could take the things we heard about at the hear- of 2009, the President had been Presi- every penny they earn over that $1 mil- ing on the Magnitsky bill was from the dent about a month, he made a pledge. lion, all of them combined, and then on head of the American Chamber in Rus- The pledge was he would cut the deficit top of that sell off all the gold in Fort sia who talked about what the impact in half by the end of his first term in Knox, add it all together, and that of this kind of case is on American office. Here we are, the final year of would not be enough to cover just the companies trying to do business and the President’s first term in office, and deficit, that $1 trillion the President the concern it raises about issues of this deficit is still above $1 trillion. plans to spend over and above what corruption and the ability to operate Once again, what the President has comes in. It is completely irrespon- freely in Russia. Does my colleague not said to the American people is very dif- sible, but that is what we have seen agree that we can also urge those com- ferent than what he has delivered to from this administration. panies that are operating in Russia to the American people. I am still waiting So we have a President who makes speak out when cases such as this hap- for a chance in this body, in the Sen- presentations, gives speeches, and yet pen and they have concerns about what ate, to vote on the President’s budget. what the American people see is some- it does to their business in the coun- The majority leader, who sits in the thing very different. So this morning try? front row, has said he doesn’t intend to in the Energy Committee, we had an The ACTING PRESIDENT pro tem- even bring it to the floor of the Senate opportunity to visit with the Secretary pore. The majority’s 30 minutes has ex- for a discussion or a debate or a vote. of Energy specifically on budgetary pired. The law is pretty clear: The President issues relating to the budget and the Mr. CARDIN. We are going to yield has to introduce a budget by a certain future. the floor. Let me agree with my col- date—the President missed that dead- Of course, the President said he sup- league, Senator SHAHEEN. She is abso- line—and the Senate and the House ported an all-of-the-above energy plan lutely right. It is going to be easier for have to go ahead and pass a budget, for the country. Well, I support an all- them to speak out if they know we are which this body has not done now for of-the-above energy plan for the coun- going to continue raising these issues. over 1,000 days. Multiple years and no try, but when you go through the de- I thank Senators SHAHEEN and budget has passed this body. tails, that is not exactly what the WICKER and I yield the floor. There actually was a vote last year American people see. What the Amer- The ACTING PRESIDENT pro tem- on the President’s budget. It was one ican people see is the cost of gasoline pore. The Senator from Wyoming is where the budget itself was called irre- at the pump continuing to go up. They recognized. sponsible, and there were a number of see an administration that is blocking f press renderings on it. The majority an opportunity to move oil from north- leader refused to bring it to the Senate ern parts of our country, as well as THE BUDGET floor, so the minority leader brought from Canada, to the United States for Mr. BARRASSO. Mr. President, I the President’s budget to the Senate use here. come to the floor as someone who sat floor. Not one Republican voted for it, Take a look at the front-page head- through the President’s State of the but not one Democrat voted for the line of USA Today from a couple of Union and I have just come from a Sen- President’s budget either. The total days ago: ate Energy Committee hearing. I sat count on the President’s budget last ‘‘Chaotic spring’’ predicted for gas. Aver- through the State of the Union near year in the Senate: 0 votes for the age prices likely to hit $4.05 a gallon. the Secretary of Energy and was happy President’s budget, 97 votes against the People care about that. People all when I heard some of the comments of President’s budget. Yet the President across the country drive around, they the President when he talked about an introduces another budget this year ig- see the signs up, they see what the cost ‘‘all of the above’’ strategy, needing all noring the two major tidal waves we of a gallon of gasoline is, and they see of the sources of energy. But this Mon- face, the tidal waves of Social Security it impacting their daily lives. day the President’s budget came out and Medicare. Today a number of us visited the En- which is very different than that. It is It is interesting. You read in the New ergy Committee and talked about to- a budget I would like to discuss this York Times: day’s Wall Street Journal article this

VerDate Mar 15 2010 00:34 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.009 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S811 morning. ‘‘Oil Rise Imperils Budding 8 percent. They put out charts, and by The ACTING PRESIDENT pro tem- Recovery.’’ We want this country to re- today, from those charts, the unem- pore. Without objection, it is so or- cover. We want people to get back to ployment rate should be 6 percent. The dered. work. We want to make it easier and unemployment rate is still 8.3 percent. Mr. LEAHY. The Senate was forced cheaper for the private sector to hire It has been over 8 percent for 36 to spend the better part of this week people and get America working again. months now. ending a filibuster against the nomina- The price of energy goes up, the price When you look at this and look at tion of Judge Adalberto Jordan of Flor- of oil goes up—‘‘Oil Rise Imperils Bud- the President’s budget, to me, it is debt ida to fill a judicial emergency vacancy ding Recovery.’’ on arrival. The budget spends $47 tril- on the Eleventh Circuit. Finally, after What does it say? ‘‘The average price lion, it borrows $11 trillion, and it in- a four month Republican filibuster of a gallon of regular gasoline has creases the national debt to $26 trillion that was broken on Monday by an 89–5 jumped 13.1 cents to $3.51 cents in the by 2022. It is debt upon debt upon debt. cloture vote, and after Republicans in- past month.’’ So gasoline at the pump So from were do you borrow the sisted on two additional days of delay, is up 13 cents in the last month. This is money? A lot of it you borrow from the Senate was allowed to vote on the according to AAA. overseas. A lot of it comes from China. nomination. We voted 94–5 to confirm It goes on to say: So what role is China playing now? Judge Jordan. I suspect the vote would Some parts of the country have seen even Well, they are continuing to lend us have been the same four months and bigger increases, with prices approaching $4 money. two days sooner. It was a colossal a gallon in parts of California. By the way, when the President waste of the Senate’s time and another Higher prices at the pump—and this blocked the Keystone XL Pipeline, week lost to obstruction and delay. is where it really hits home. This is what did China say to our northern Now the Senate Majority Leader has what I hear about at home in Wyoming neighbors, our big trading partner, been required to file another cloture when the price of gasoline goes up. And Canada? If the United States doesn’t petition on yet another consensus we drive great distances, Mr. Presi- want it, if President Obama isn’t inter- nominee. This is the ninth time the dent, in your home State and my home ested, we will take the oil in China. Majority Leader has had to file a clo- State. People notice it because it im- The Prime Minister of Canada was in ture petition to overcome a Republican pacts on other things for which they China last week doing exactly that— filibuster of one of President Obama’s can use that same money. cutting a deal with the Chinese for en- superbly-qualified judicial nominees. It says here in the Wall Street Jour- ergy that will be sold from Canada. I The nomination of Jesse Furman to fill nal: think we should want it. I think if we a vacancy on the Southern District of Higher prices at the pump force consumers want to be energy secure and work on New York has been stalled for more to cut back spending on discretionary items energy security, which, to me, is an than five months after being reported like restaurant meals, hair cuts and family issue of national security, we should unanimously from the Senate Judici- vacations, hurting those industries. want that energy. Good jobs; the ary Committee. Consensus nomina- Isn’t that what it is really about as amount of money in terms of jobs that tions like this to Federal district the price of gasoline at the pump goes are available—this isn’t government courts have nearly always been taken up? It hurts the ability of families and money, it is private money to put peo- up and confirmed by the Senate within the quality of life—they could spend ple back to work. We haven’t seen it, days or weeks, whether nominated by a that money in other ways. and this administration, through its Democratic or a Republican President. It says: budget and through its policies, con- Certainly that was the approach taken A prolonged increase can drive up inflation tinues to oppose those efforts for by Senate Democrats when President and drive down hiring. American jobs. Bush sent us consensus nominees. That We are a country that wants people So what we see is that under the is how we reduced vacancies in the to get back to work. We want to give President’s 10-year budget proposal, presidential election years of 2004 and them those opportunities, and it just the spending goes up every year with- 2008 to the lowest levels in decades and seems that the President’s budget and out stop. Every year from now to over how we confirmed 205 of President the policies of this administration and the next 10 years, spending goes up and Bush’s judicial nominees in his first a rejection of things that would actu- we see trillion-dollar deficits year after term. Yet, in an almost complete re- ally help us with American energy are year after year. versal of this approach, Mr. Furman’s What is most disturbing to some of going to make it harder for families. nomination has been blocked by Senate my colleagues who have accounting de- When the price of gasoline goes up, the Republicans for over five months, with- grees—especially the senior Senator impact on an average family is over out reason or explanation. from the State of Wyoming, who is an $1,000 a year in terms of their ability to Regrettably, for the second time, we accountant, who has run businesses; he have disposable income. If it is a fam- will have to vote to end a Republican looks at this, and he can easily point ily dealing with a mortgage and bills filibuster of one of President Obama’s out the budgetary gimmicks, the ac- and kids, that is a huge difference in district court nominations. I cannot re- counting tricks that have been used call a single instance in which a Presi- the quality of life for those American over and over to make this budget, as dent’s judicial nomination to a Federal families. irresponsible as it happens to be, look States around the country get it. I trial court, a Federal district court, not as bad as it really is. look at Wyoming. We are in our legis- This budget is bad for America, and was blocked by a filibuster. Yet, Sen- lative session there right now. We bal- it is a continuation of a number of poli- ate Republicans nearly did so last year ance our budget every year. The con- cies that have come out of this admin- when they sought to filibuster Judge stitution demands it. If less money istration that have made it harder and Jack McConnell’s nomination to the comes in, we spend less money. They more expensive for the private sector Rhode Island District Court, despite make the tough decisions. to create jobs. What I am trying to do the strong support of both home state The President said he is ready to is look for ways to make it easier and Senators who know their state best. At make the tough decisions, but I don’t cheaper for the private sector to create that time I emphasized the danger of see tough decisions in this budget. jobs. We have not seen it in the Presi- rejecting the Senate’s traditional def- What I see is a political document, a dent’s budget, we have not seen it in erence to home state Senators and be- campaign document, something that the policies of this administration, and ginning to filibuster district court has more stimulus money in it, money we have not seen it in this President. nominations. Fortunately, the Senate so he can promise people things. We all Thank you very much. rejected that filibuster and that path know how that first so-called stimulus I yield the floor. and Judge McConnell was confirmed. I program went. To me, it was a failure. The ACTING PRESIDENT pro tem- trust the Senate will do so again, We had spending of about $800 billion. pore. The Senator from Vermont. bringing to an end another filibuster, The President promised that if we Mr. LEAHY. Mr. President, I ask this time for a district court nominee, passed the stimulus program, the un- unanimous consent to speak for up to Mr. Furman, who was reported unani- employment rate would stay less than 10 minutes as in morning business. mously by the Judiciary Committee.

VerDate Mar 15 2010 00:34 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.010 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S812 CONGRESSIONAL RECORD — SENATE February 16, 2012 Like the needless delay in Judge Jor- people and to the general welfare of the pop- ciary Committee has reported more dan’s confirmation, the Republican fili- ulace, with confidence that they will be than 2,100 district court nominees to buster of Jesse Furman, who by any made wisely and fairly . . . and I urge that the Senate. Out of these 2,100 nomi- traditional measure is a consensus he be confirmed. nees, only six have been reported by nominee, is another example of the tac- Former Supreme Court clerks who party-line votes. Only six total in the tics that have all but paralyzed the served at the same time as Mr. last 65 years. Five of those six party- Senate confirmation process and are Furman, including clerks for conserv- line votes have been against President damaging our Federal courts. It should ative Justices such as Chief Justice Obama’s highly-qualified district court not take five months and require a clo- Rehnquist, Justice Thomas, and Jus- nominees. Indeed, only 22 of those 2,100 ture motion for the Senate to proceed tice Scalia wrote in support of Mr. district court nominees were reported to vote on this nomination. At a time Furman’s nomination, stating that, by any kind of split roll call vote at when nearly one out of every 10 judge- ‘‘Mr. Furman has demonstrated his all, and eight of those, more than a ships is vacant and we have over 20 ju- deep respect for and commitment to third, have been President Obama’s dicial nominations reported favorably the rule of law, over and above politics nominees. by the Committee, 16 of which have or ideology.’’ Democrats never applied this stand- been stalled on the Senate calendar With this bipartisan support, the ard to President Bush’s district court since last year, nearly all of them su- strong support of his home state Sen- nominees, whether in the majority or perbly-qualified consensus nominees, ators, and his impressive background, the minority. And certainly, there our Federal courts and the American Mr. Furman’s nomination was reported were nominees to the district court put people cannot afford more of these par- by the Judiciary Committee on Sep- forth by that administration that were tisan tactics. tember 15, without opposition from a considered ideologues. All told, in I read with interest this morning single member of the Committee. We eight years, the Judiciary Committee Gail Collins’ column in The New York should have voted on his nomination reported only a single Bush district Times on the approval rating of Con- many months ago, and certainly before court nomination by a party line vote. gress. She notes that Congress is ‘‘un- the end of the last session. Senate Re- President Obama’s nominees are being popular like the Ebola virus, or zom- publicans have blocked this nomina- treated differently than those of any bies . . . like TV shows about hoarders tion for over five months without any President, Democratic or Republican, with dead cats in their kitchens.’’ She explanation. before him. goes on to discuss the Republican fili- Sadly, this is not the first New York When I first became Chairman of the busters of judicial nominees and judge to be filibustered by Senate Re- Judiciary Committee in 2001, I followed writes: publicans. Just a few years ago, Judge a time when Senate Republicans, who This week, the Senate confirmed Judge Denny Chin, an outstanding nominee had been in the majority, had pocket Adalberto Jose Jordan to a seat on the fed- with 16 years of judicial experience, filibustered more than 60 of President eral Court of Appeals for the 11th Circuit in was delayed from being elevated to the Clinton’s judicial nominations, block- Atlanta. A visitor from another country Second Circuit for four months until ing them with secret holds in back- might not have appreciated the proportions the Majority Leader forced a vote and rooms and cloakrooms, obstructing of this achievement, given that Jordan, who he was confirmed 98–0. more with winks and nods, but with was born in Cuba and who once clerked for Last May, the Majority Leader was Sandra Day O’Connor, had no discernible op- little to no public explanation or ac- position. required to file for cloture to end the countability. I worked hard to change filibuster of Judge Jack McConnell of I ask consent that a copy of Ms. Col- that and to open up the process. I Rhode Island. By rejecting that fili- sought to bring daylight to the process lins’ column be printed in the RECORD buster, the Senate took a step toward at the conclusion of my remarks. by making the consultation with home The PRESIDING OFFICER (Mr. restoring a longstanding tradition of state Senators public so that the Sen- deference to home state Senators with BROWN of Ohio). Without objection, it ate Republicans’ abuses during the is so ordered. regard to Federal District Court nomi- Clinton years would not be repeated. (See exhibit 1.) nations. The Senate turned away from When Senate Democrats opposed Mr. LEAHY. This is the kind of ob- a precipice. It is wrong now for us to some of President Bush’s most ideolog- struction that is hard to explain to the approach that precipice again. Filibus- ical nominees, we did so openly, saying American people. This Republican fili- tering this nomination would set a new why we opposed them. And when there buster, like that of Judge Jordan, is standard for obstruction of judicial were consensus nominees—nominees very hard to understand. Jesse Furman nominations. with the support of both Democrats is an experienced Federal prosecutor Indeed, I have looked back over the and Republicans—we moved them who has prosecuted international nar- last six decades and found only four quickly so they could begin serving the cotics trafficking and terrorism and district court nominations—four in American people. That is how we re- consulted on some of the Southern Dis- over 60 years, on which cloture was duced vacancies in the presidential trict’s most complex cases, including even filed. For two of those, the cloture election years of 2004 and 2008 to the the Galleon insider trading case, the petitions were withdrawn after proce- lowest levels in decades. That is how prosecution of former Madoff employ- dural issues were resolved. In connec- we confirmed 205 of President Bush’s ees, and the Times Square bomber case. tion with the other two, the Senate circuit and district nominees in his A dedicated public servant, Mr. voted on cloture and it was invoked first term. Furman has been a law clerk at all and the filibuster ended. All of those Now we see the reverse of how we three levels of the Federal judiciary, nominations were confirmed. treated President Bush’s nominees. including as a clerk to Supreme Court From the start of President Obama’s Senate Republicans do not move quick- Justice David Souter. term, Republican Senators have ap- ly to consider consensus nominees, like I got to know Mr. Furman when he plied a heightened and unfair standard the 14 still on the Senate Calendar that was the counselor to Attorney General to President Obama’s district court were reported unanimously last year Michael Mukasey. That is right: The nominees. Senate Republicans have and should have had a Senate vote last Senate Republicans are filibustering chosen to depart dramatically from the year. Instead, as we are seeing today someone strongly supported by Presi- long tradition of deference on district and have seen all too often, Senate Re- dent Bush’s Attorney General who was court nominees to the home state Sen- publicans obstruct and delay even con- himself a Federal judge. When Mr. ators who know the needs of their sensus nominees, leaving us 43 judicial Furman’s nomination was before the states best. Instead, an unprecedented nominees behind the pace we set for Committee last summer, Attorney number of President Obama’s highly- confirming President Bush’s judicial General Mukasey wrote to the Com- qualified district court nominees have nominees. That is why vacancies re- mittee in strong support: been targeted for opposition and ob- main so high, at 86, over three years All I can hope to add is my own belief that struction. That approach is a serious into President Obama’s first term. Va- he is a person to whom one can entrust deci- break from the Senate’s practice of ad- cancies are nearly double what they sions that are consequential to the lives of vice and consent. Since 1945, the Judi- were at this point in President Bush’s

VerDate Mar 15 2010 03:08 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.012 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S813 third year. That is why 130 million spected 15-year veteran of the Federal sensus nominees without extended and Americans live in circuits or districts bench who had the support of the most damaging delays. The American people with a judicial vacancy that could have senior and longest-serving Republican deserve no less. a judge if Senate Republicans would in the Senate, Senator LUGAR. The EXHIBIT 1 only consent to vote on judicial nomi- Senate rejected that filibuster and CONGRESS HAS NO DATE FOR THE PROM nees that have been favorably voted on Judge Hamilton was confirmed. (By Gail Collins) by the Senate Judiciary Committee But the partisan delays and opposi- tion have continued. Senate Repub- I am shocked to report that Congress, the and have been on the Senate Executive beating heart of American democracy, is un- Calendar since last year. licans have required cloture votes even popular. This is an area where we should be for nominees who ended up being con- Not unpopular like a shy kid in junior working for the American people, and firmed unanimously when the Senate high. Unpopular like the Ebola virus, or zom- putting their needs first. It is the finally overcame those filibusters and bies. Held in near-universal contempt, like American people who pay the price for voted on their nomination. So it was TV shows about hoarders with dead cats in the Senate’s unnecessary and harmful with Judge Barbara Keenan of the their kitchens. Or people who get students to delay in confirming judges to our Fed- Fourth Circuit, who was confirmed 99– call you up during dinner and ask you to eral courts. It is unacceptable for hard- 0 when the filibuster of her nomination give money to your old university. working Americans who are seeking The latest Gallup poll gave Congress a 10 finally ended in 2010, and Judge Denny percent approval rating. As Senator Michael their day in court to find seats on one Chin of the Second Circuit, an out- Bennet of Colorado keeps pointing out, in 10 of those courts vacant. When an standing nominee with 16 years judicial that’s lower than BP during the oil spill, injured plaintiff sues to help cover the experience, who was ultimately con- Nixon during Watergate or banks during the cost of medical expenses, that plaintiff firmed 98–0 when the Republican fili- banking crisis. should not have to wait for years be- buster was overcome after four months On the plus side, while 86 percent of re- fore a judge hears his or her case. When of needless delays. Just this week the spondents told Gallup that they disapproved two small business owners disagree long-delayed nomination of Judge of the job Congress was doing, only 4 percent over a contract, they should not have said they had no opinion. That’s really a Adalberto Jordan to the Eleventh Cir- great sense of public awareness, given the to wait years for a court to resolve cuit was confirmed 94–5. fact that other surveys show less than half of their dispute. With over 20 judicial This obstruction is particularly dam- all Americans know who their member of nominees favorably reported by the aging at a time when judicial vacancies Congress is. Committee and cloture motions being remain at record highs. There are cur- So little attention, yet so much rancor. required for consensus nominees, the rently 86 judicial vacancies across the We’re presuming that this is because of the Senate is failing in its responsibility, country, meaning that nearly one out dreaded partisan gridlock, which has made harming our Federal courts and ulti- of every 10 Federal judgeships remains Congress increasingly unproductive in mat- ters that do not involve the naming of post mately hurting the American people. Is vacant. The vacancy rate is nearly dou- offices. it any wonder that barely 10 percent of ble what it had been reduced to by this And Congress is listening! Lately, we have the American people view Congress fa- point in the Bush administration, when been seeing heartening new signs of bipar- vorably? we worked together to reduce judicial tisan cooperation. For instance, the House The slow pace of confirmations of vacancies to 46. and Senate are near an agreement on the President Obama’s judicial nominees is Some Senate Republicans are now payroll tax cut, namely that it will continue no accident or happenstance. It is the seeking to excuse these months of and not be paid for. result of deliberate obstruction and delay by blaming President Obama for This is actually sort of a tradition. No delays. For the second year in a row, forcing them to do it. They point to matter who is in power in Washington, Con- gress has always shown a remarkable ability the Senate Republican leadership ig- President Obama’s recent recess ap- to band together and pass tax cuts that are nored long-established precedent and pointments of a Director for the Con- not paid for. It’s like naming post offices, refused to schedule any votes before sumer Financial Protection Bureau only somewhat more expensive. the December recess on the nearly 20 and members of the National Labor Re- But there’s much, much more. For in- consensus judicial nominees who had lations Board. Of course, those appoint- stance, both chambers recently approved a been favorably reported by the Judici- ments were made a few weeks ago, long big new ethics reform bill that would ban ary Committee. Here we are in the after Judge Jordan’s nomination was members of Congress from engaging in in- middle of February fighting to hold a already being delayed. Moreover, the sider trading. Perhaps you imagined that this was al- vote on one of the 18 nominees who President took his action because Sen- ready against the law. should have been confirmed last year. ate Republicans had refused to vote on This piece of legislation had been lying Fourteen of the nominees being block- those executive nominations and were around gathering dust since 2006. But, this aded by Senate Republicans were re- intent on rendering the Government year, the House and Senate decided to stand ported with the unanimous support of agencies unable to enforce the law and tall and pass it as a matter of principle. It their home state Senators and every carry out their critical work on behalf had nothing to do with a ‘‘60 Minutes’’ report Republican and every Democrat on the of the American people. Some Senate that made the whole place look like a con- Senate Judiciary Committee. The re- Republicans are doubling down on their vention of grifters. Totally unrelated. This was simply a bill whose time had come. sult of these Republican delay tactics obstruction in response. They are ap- And that bill would probably already be is clear—we are far behind the pace set parently extending their blockage signed into law were it not for a disagree- by the Senate during President George against nominees beyond executive ment over whether to require the high-paid W. Bush’s first term, with a judicial va- branch nominees to these much-needed professionals who poke around Congress col- cancy rate nearly twice what it was at judicial nominees. This needless ob- lecting information that might be of use to this point in his first term. struction accentuates the burdens on their Wall Street clients to register the same During President George W. Bush’s our Federal courts and delays in jus- way lobbyists do. administration, Republican Senators tice to the American people. We can ill You’d think this would be easy to sort out insisted that filibusters of judicial since most members of the House and the afford these additional delays and pro- Senate have gone on the record in favor of nominees were unconstitutional. They test votes. The Senate needs, instead, registering these guys. threatened the ‘‘nuclear option’’ in 2005 to come together to address the needs But, no, the idea ran afoul of the House to guarantee up-or-down votes for each of hardworking Americans around the majority leader, Eric Cantor, the Darth of President Bush’s judicial nominees. country. Vader of Capitol Hill. Cantor says the idea Many Republican Senators declared I, again, urge Senate Republicans to should be studied, which is, of course, that they would never support the fili- stop the destructive delays that have legislatese for ‘‘trampled to death by a thou- buster of a judicial nomination—never. plagued our nominations process. I sand boots.’’ Yet, only a few years later, Senate Re- urge them to join us not only in reject- Still, the good news is that the basic idea of prohibiting members of Congress from publicans reversed course and filibus- ing the five-month filibuster of Mr. using the information they acquire in the tered President Obama’s very first ju- Furman’s nomination, but also in re- course of their public duties to engage in in- dicial nomination, that of Judge David storing the Senate’s longstanding prac- sider trading did pass both chambers by Hamilton of Indiana, a widely-re- tice of considering and confining con- enormous majorities.

VerDate Mar 15 2010 03:07 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.012 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S814 CONGRESSIONAL RECORD — SENATE February 16, 2012 Yippee. The PRESIDING OFFICER. Without CMRR facility. In fact, that is where a And the bipartisan cooperation keeps roll- objection, it is so ordered. great deal of the work would be done. ing on. This week, the Senate confirmed THE BUDGET AND OUR NUCLEAR ARSENAL What we were told was that the Judge Adalberto Jose Jordan to a seat on the President was fully committed to con- federal Court of Appeals for the 11th Circuit Mr. KYL. Mr. President, I need to in Atlanta. A visitor from another country speak for a few minutes this morning structing this facility on a timetable might not have appreciated the proportions about two important news events of set out in the 1251 report. Some of us of this achievement, given the fact that Jor- this week: the budget that was sub- were a little dubious. The President’s dan, who was born in Cuba and who once mitted by the President and the news representative said: We will put it to clerked for Sandra Day O’Connor, had no dis- reports that the President is consid- you in writing. So he did. What he said cernible opposition. ering reducing our nuclear arsenal to in his message on the New START But Americans ought to have a better treaty to the Senate with regard to grasp of how the Senate works. The nomina- dramatically lower levels than they are tion’s progress had long been thwarted by today. Let me speak to both those sub- this facility—I will quote it; the letter Mike Lee, a freshman Republican from Utah, jects briefly this morning, and then I related to his intent to modernize and who has decided to hold up every single will have more to say about them as replace the triad: White House appointment to anything out of time goes on. [To] accelerate to the extent possible, the pique over . . . well, it doesn’t really matter. In the President’s budget, there is a design and engineering phase of the Chem- When you’re a senator, you get to do that specific part for the Department of En- istry and Metallurgy Research Replacement kind of thing. ergy that funds the nuclear weapons (CMRR) building and the Uranium Proc- This forced the majority leader, Harry essing Facility (UPF)— Reid, to get 60 votes to move Judge Jordan program. Despite promises of the Presi- dent that he would follow what is That is the facility for uranium proc- forward, which is never all that easy. Then essing at Oak Ridge, TN— there was further delay thanks to Rand Paul, called the 1251 study over the course of a freshman from Kentucky, who stopped ac- his Presidency and request in the budg- [and to] request full funding, including on a tion for as long as possible because he was et the sums of money for the Depart- multiyear basis as appropriate, for the disturbed about foreign aid to Egypt. ment that is called the NNSA—part of CMRR building and the UPF upon comple- All that is forgotten now. The nomination tion of the design and engineering phase for the Department of Energy—he reduced such facilities. was approved, 94 to 5, only 125 days after it that this year by $372 million less than was unanimously O.K.’d by the Judiciary We were concerned he would not re- the target. The net result of that over Committee. Whiners in the White House quest the funding in the outyears and pointed out that when George W. Bush was 5 years is going to be $4.3 billion. I know my colleague from Tennessee that they would not accelerate the con- president, circuit court nominations got to a struction of these facilities. So he said floor vote in an average of 28 days. is very interested in this. Before the No matter. Good work, Senate! Only 17 START treaty was debated, there was a he would. He would accelerate it to the more long-pending judicial nominations to big debate about whether the funding extent possible and request full fund- go! for the NNSA in the nuclear mod- ing, including on a multiyear basis. Meanwhile, the House named a post office The budget he submitted this year in Missouri for a fallen Marine. ernization program was adequate. On the Veterans Day recess, before breaks that commitment to the Sen- Mr. LEAHY. I yield the floor. we began the debate on START, Gen- ate, and those Senators who voted for f eral Chilton, former head of the treaty based upon these commit- ments are obviously going to be re- CONCLUSION OF MORNING STRATCOM, and Dr. Miller, the Assist- evaluating their support for the treaty. BUSINESS ant Secretary of Defense, flew to Phoe- nix and said to me: You were right. We There are things that can be done by The PRESIDING OFFICER. Morning the Congress, including our power of business is closed. were wrong. We have underfunded this by over $4 billion. We are going to add the purse, to deal with the issue, which f that to our 5-year budget profile. I will hope to have time to speak to in MOVING AHEAD FOR PROGRESS IN This was the argument we had been a moment. THE 21ST CENTURY ACT making all along: You have under- Former Secretary Gates reflected on the Senate’s reliance on these commit- The PRESIDING OFFICER. Under funded the nuclear modernization pro- gram. You need to add between $4 bil- ments when he said: the previous order, the Senate will re- This modernization program was very sume consideration of S. 1813, which lion and $5 billion to it. They agreed and that is what went into the revised carefully worked out between ourselves and the clerk will report. the Department of Energy; and, frankly, The bill clerk read as follows: 1251 report. where we came out on that played a fairly A bill (S. 1813) to reauthorize Federal-aid As a result of the budget request this significant role in the willingness of the Sen- highway and highway safety construction year, we are right back where we start- ate to ratify the New START agreement. programs, and for other purposes. ed from before the revision—$4.3 billion For those who relied on the adminis- Pending: below—and that is where we were when tration’s commitment, they have been Reid amendment No. 1633, of a perfecting the administration came forward and broken. We are right back to where we nature. said: You were right. We were wrong. started from before the treaty was Reid amendment No. 1634 (to amendment Our previous figure was not enough. taken up. No. 1633), to change the enactment date. So we have a problem, and it is going If you want to know specifically Reid motion to recommit the bill to the to cause some real disruptions. what the problems are, Dr. Charles Mc- Committee on Environment and Public One of the things we have to do is ex- Millan, the Los Alamos Director said: Works, with instructions, Reid amendment tend the life of one of our old weapons No. 1635, to change the enactment date. called the B–61. This is a 2-year delay Without CMRR, there is an identified path Reid amendment No. 1636 (to (the instruc- to meet the Nation’s requirement of 50 to 80 tions) amendment No. 1635), of a perfecting now on that, a 2-year delay on another pits per year . . . the budget reduction in nature. warhead called the W–76, at least a 5- FY13 compounds an already difficult set of Reid amendment No. 1637 (to amendment year delay in the construction of the FY12 budget challenges and raises questions No. 1636), of a perfecting nature. plutonium processing facility at Los about whether we can meet the pace of the The PRESIDING OFFICER. The as- Alamos Laboratory called the CMRR modernization path outlined in the 2010 Nu- sistant Republican leader is recognized. facility. clear Posture Review. Mr. KYL. Mr. President, I ask unani- Why is that important? We knew So we have a problem. Unless the mous consent to speak as in morning prior to commitments the President President is willing to work with Mem- business for 10 minutes and that I be made before the START treaty was de- bers of Congress, and unless Members followed by the Senator from Texas, bated that the CMRR was critical. We of Congress are willing to recognize Mr. ALEXANDER. do not have a production capacity. Un- that the Senate acted based upon some The PRESIDING OFFICER. From like Russia and China, for example, we commitments the administration made Tennessee. cannot produce new nuclear weapons. and we have to keep our end of the bar- Mr. KYL. What did I say? From Ten- We have to go back and revise the ones gain as well, we are going to find a nessee. Whatever I said, I apologize. I we have. One of the facilities that huge problem with our modernization said Texas. I apologize. would enable us to do that is this program, with our nuclear weapons

VerDate Mar 15 2010 01:32 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.013 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S815 program, and all that portends with re- having enough nuclear weapons to reason that the New START treaty spect to our deterrent capability. cover all of the military targets of a passed. But I doubt the New START Now, let me turn to the other news of potential adversary, we end up having treaty would have been ratified with- the week. The President’s people con- only enough weapons to hold hostage out it. So it is an important part of firmed that, yes, they are, in fact, the cities of our potential adversary that debate, and it is an important studying whether we can reduce our and thus the civilian population of part of the debate today. nuclear warheads. Remember, we were those countries. I am one of those Senators who is at 1,500 for START, and an 80 percent That is not a moral deterrent. As a right in the middle of the discussion. I reduction could take us down to 300. result, I think we have to think very worked with the Senator from Arizona That is almost unthinkable, especially carefully about this prospect of reduc- on the last appropriations bill, and he in today’s environment where we have ing our nuclear weaponry. We, obvi- worked harder than anyone to try to Russia and China with new production ously, have to do a lot more work on get the amount of appropriations clos- capacities. They are developing new this issue in the Congress. As I said, we er to the 1251 number. We made some nuclear weapons and producing them. have some means of expressing our progress but still fell short. This rep- We are not designing or developing views to the administration. I think it resents a substantial challenge to us. any new nuclear weapons. We have no needs to think very carefully about I think he has put his finger on a plans to do so, and we have no produc- this. To the extent that it thinks it is very important problem. When we talk tion capacity to make them, even if we going to solve or going to help with our about reducing defense spending—or se- did. The capacity to refurbish the old financial crisis, reducing the number of questering defense spending—this is ones is now going to be delayed an- warheads, unfortunately, does not re- the kind of thing that we end up hav- other 5 years. So why would we be duce a lot of expense. It is a little bit ing to deal with because, even in the thinking about reducing our warheads like the BRAC Commission. So that last year, both the administration and even further under these cir- cannot be cited as a reason to do this. the Senate Appropriations Committee cumstances? Well, some people say, Finally, nor is there any prospect moved some money from defense over with a robust missile defense program, that we can serve as a moral example to this account to try to increase the and by upgrading our conventional ca- to other countries in the world by re- money for nuclear weapons moderniza- pabilities, we might think about this. ducing our warheads to that level. The tion, and still there was not enough to The problem with these two assump- START treaty was supposed to be a meet the 1251 commitment that many tions is, this budget cuts both of them new reset showing the world, through of us agreed to at the time the New dramatically as well. We are not en- our moral example, the benefits of re- START treaty was announced. hancing conventional capabilities, we ducing warheads. Not a country in the I thank him for his comments. I look are drawing them down, which, by the world has reduced warheads since the forward to working with him on that way, is what has caused the Russians signing of the New START treaty ex- important question. to rely much more heavily on their nu- cept the United States. Russia has not, I would like to talk about market- clear program. China has not, Pakistan has not, our place fairness, which ought to be an What about the people who rely on allies have not, and Iran and North all-American subject in the Senate. It our nuclear deterrence, the 32 coun- Korea talk about expanding their pro- has turned out to be one that attracts tries that rely on our nuclear um- grams. strong bipartisan support. In Novem- brella? If they see this, my guess is So this is based on a very shaky ber, Senator ENZI of Wyoming, the they are going to look at what they proposition of benefits which are very Democratic whip, Senator DURBIN, and might do to develop their own weapons: unlikely to occur, and it is fraught I introduced, along with seven other So much for nonproliferation. What with dangers that we must debate in Senators—an equal number from both about the idea that countries that now this country before the President sim- sides of the aisle—what we call the have close to 300 weapons could become ply unilaterally decides to make such a Marketplace Fairness Act to close a 20- peers of the United States? How is that drastic change in American policy. year loophole that distorts the Amer- for strategy, to have Pakistan, which We will have more time to discuss ican marketplace by picking winners will soon have more weapons than Brit- this in the future. Given the fact that and losers, by subsidizing some busi- ain does, to have as many nuclear these two events were kicked off this nesses at the expense of other busi- weapons as the United States? week—the President’s budget and this nesses, and subsidizing some taxpayers That is not exactly the most stable latest announcement—I thought we at the expense of other taxpayers. place in the world today. Iran is devel- should at least have a preliminary dis- My colleagues and I keep talking oping its capability. North Korea al- cussion of it on the floor of the Senate about it because we strongly believe, as ready has it. The Chinese are already today. do many people across this country, at roughly this level and improving I yield to my colleague from Ten- that now is the time for Congress to their capability. Of course, Russia is nessee. act. Many Americans do not realize much above it and talking about actu- The PRESIDING OFFICER. The sen- when they buy something online, ally building more nuclear weapons, ior Senator from Tennessee. which we increasingly do today, or not fewer. Mr. ALEXANDER. Mr. President, I order something through a catalog, The Deputy Defense Minister in Rus- ask unanimous consent to speak as in which we have done for a long time, sia recently said, on February 6: morning business. from a business outside of our own I do not rule out that under certain cir- The PRESIDING OFFICER. Without State that we still owe the State sales cumstances, we will have to boost, not cut objection, it is so ordered. tax. our nuclear arsenal. MARKETPLACE FAIRNESS So what we are talking about does Now we are talking about reducing Mr. ALEXANDER. Mr. President, I not even rise to the dignity of a loop- ours. How are we going to convince the am here to talk about another subject, hole. What we are talking about is a Russians to reduce theirs? I presume marketplace fairness. But before I do, I law that says you owe the State sales this is all going to be done in some want to acknowledge the importance of tax even if you buy it online and even kind of additional treaty with the Rus- what the Senator from Arizona has had if you buy it from a catalog from out of sians, not likely to occur. to say and his leadership in the whole State. The law already says, if you buy To me, what is most bothersome is area of our nuclear doctrine, but espe- it you owe it. that one of the arguments that nuclear cially in the area of nuclear weapons This is not a problem only for big re- opponents have always had is that we modernization. tailers such as Amazon and Walmart. never want to get to a point where our I think he is correct to say that the It is a problem that is killing small doctrine, instead of holding hostage discussion about section 1251, which he businesses in Tennessee and across our the military capability of any would-be described—which is the goal for the country. adversary, would be to hold civilians amount of money we need to modernize Last month, Gov. Bill Haslam of Ten- hostage, innocent civilians. That is our nuclear weapons that we have in nessee and I spoke with small business precisely what happens when instead of this country—may not have been the owners from Knoxville and Oak Ridge,

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But that is not and consumers by requiring States to Nashville Boot Company. I talked to going to happen in a practical world. I adopt basic simplifications. the owner. The customer came into the mean, the State cannot do that for mil- It exempts small businesses that sell store, tried on a boot, got advice from lions of purchases that are made every less than $500,000 in remote sales each employees about the boot, and then year online; and no one wants the Gov- year. That is very important. I used went home to buy the product online in ernor and his agents knocking on their the example of the Nashville Boot order to avoid paying the State sales doors about that. Company. The owner sells online and tax, which the customer owes. The So there is a simpler way to do it. he sells out the front door. He said State law already says you owe the Congress should make it easy for never in his history has he sold more tax. States to be able to do that because we than $400,000 worth of revenue from his The problem is, when you buy some- should recognize the loophole is unfair, boot sales online. And when he began, thing at the Nashville Boot Company, that it is anticompetitive, and it is dis- he was at least one of the larger online or any other local store, the Nashville torting the marketplace. boot sellers. So the $500,000 exemption Boot Company collects the tax from As a Republican Senator, I believe for small businesses from this legisla- you, adds it to your bill, and then sends our party should oppose government tion should go a long way to meeting the money to the State. That is how it policies that prefer some businesses the concerns of those Senators on both has always worked. But if you buy the over other businesses and some tax- sides who want to make sure we don’t same boot or the same other item on- payers over other taxpayers. I believe impose some sort of new rule on very line or through a catalog, that business in States rights. Our bill gives States small entrepreneurs. does not collect the State sales tax, the right to make decisions for them- Another reason Congress should act even though you owe it. So the result selves. If Illinois or Tennessee or Cali- now is that States and local govern- is that similar businesses selling the fornia wants to prefer some businesses ments will lose an estimated $23 billion same thing are being treated entirely over others, wants to prefer some tax- in uncollected sales tax revenue in 2012 different. That is not right, and it is payers over others, they can do that. because of this loophole. Here is what not fair. That is their State’s right. But we former Governor Jeb Bush had to say Most Americans who have looked at ought to make it possible for them to about that: the issue agree with that. So how did make their own decision. It seems to me there has to be a way to tax this happen? Well, in 1992, when most sales done online in the same way that sales A number of conservatives have been are taxed in brick and mortar establish- of us could not possibly have imagined outspoken supporters for our legisla- ments. My guess is that there would be hun- how the Internet would have changed tion. dreds of millions of dollars that then could the way we shop for things, the Su- At times, conservatives were reluc- be used to reduce taxes to fulfill campaign preme Court said States could not re- tant to support it over the years, be- promises. quire out-of-State catalogs or online cause it was complicated and because Uncollected sales taxes could be used sellers to do the same thing States re- it ‘‘sounded like a’’ tax. Well, it is to pay for things our States need to quire of stores up and down Main about a tax, but it is a tax that is al- pay for now. They could be used to re- Street. What was the reason? It was ready owed. duce college tuition. They could be too complicated for an online seller Here is what Al Cardenas, chairman used to pay outstanding teachers. But such as Amazon or a catalog seller to of the American Conservative Union, they could also be used to reduce the figure out what the sales tax would be says. He supports our legislation and sales tax rate or to reduce some other in Tennessee, and then how much to says: tax, or to avoid a tax altogether. add on Maryville, which is the town in There is no more glaring example of mis- In Tennessee, where we don’t have a which I live. guided government power than when taxes or State income tax, we want to avoid Well, 20 years ago, I might have regulations affect two similar businesses one. ‘‘State income tax’’ are probably agreed with that. But today technology completely differently. the three worst words in our vocabu- has made it easy for catalog sellers or Former Governor Haley Barbour also lary, and collecting tax on sales from online sellers to do the same thing supports our bill. He said: everybody who owes it could not only Main Street sellers are required to do. There is simply no longer a compelling reduce our sales tax but help us avoid Let me give an example. reason for government to continue giving on- a State income tax. This morning I wanted to know what line retailers special treatment over small Governor Haslam of Tennessee, who the weather was in my hometown of businesses. strongly supports our legislation, says: Maryville, TN. So I opened my com- Governor Mitch Daniels of Indiana It’s just too big of a piece of our economy puter, went to Google, I typed in my said a similar thing. Congressman now to treat it like we did 20 years ago. ZIP Code, I typed in ‘‘weather.’’ It told MIKE PENCE of Indiana, a well-known Governor Haslam is right. Online me the weather. The software now ex- conservative Congressman, said: sales set new records last year. And ists to provide to catalog sellers or on- I don’t think Congress should be in the while the growth of e-commerce is very line sellers the same sort of easy way business of picking winners and losers. Inac- good news for our economy, our local to find out sales tax. tion by Congress today results in a system businesses are getting hurt because If I were to buy a TV set online in that does pick winners and losers. they are not competing on a level play- Maryville, TN, I could just type in that That is what Congressman MIKE ing field. That is why our legislation city, the price, my name, and it would PENCE had to say. has the support of the National Gov- tell me the tax. I think it could even At CPAC this past weekend, in a ernors Association, the National Con- send the tax on to the State. In fact, it gathering of conservative activists, ference of State Legislatures, the Con- is about as easy—with this software there was a panel of leaders and indus- ference of Mayors, and the National that under our law is going to have to try experts talking about this issue. Association of Counties, to name a few. be provided by the State to out of state The general agreement was that Con- About the only ones left who are retailers—it is about as easy for them gress should act to solve the problem. complaining about our legislation are to find out what the tax is as it would The solution, the panelists said, should taxpayers and businesses who are being be for the Nashville Boot Company be fair, something people can under- subsidized by other taxpayers and busi- when someone walks in and buys the stand, and meet the needs of States, nesses because the playing field isn’t boots in Nashville. consumers, and retailers. level. Some people have asked why should I believe our legislation accomplishes Amazon, a huge online seller, strong- Congress get involved because nothing all these goals. In the first place, it is ly supports our legislation. Over the

VerDate Mar 15 2010 01:32 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.022 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S817 years, they have opposed legislation bipartisan cosponsors of this legisla- to enforce their own tax laws and make sure like this. Now they believe we have tion of January 31 asking for a hearing that state and local governments and busi- solved the problem. Why? Because they on the Marketplace Fairness Act, nesses are not left behind in tax reform dis- say our bill makes it easy for con- quotes from conservatives on this cussions. The House Judiciary Committee’s hearing on this single issue on November 30, sumers and easy for retailers to comply issue, and another memo with quotes 2011, demonstrated the growing demand to with State sales tax laws, and it helps from the Conservative Political Action close this loophole, and your committee States without raising taxes or new Conference. would provide the best public forum for an Federal spending. There being no objection, the mate- open debate in the Senate on the merits of Some people will tell you we are rial was ordered to be printed in the this important policy issue. talking about taxing the Internet. RECORD, as follows: The Finance Committee is in the best posi- tion to shape the discussion on state and That is not true. Our legislation U.S. SENATE, local taxation this year, particularly on doesn’t create a new tax. It doesn’t tax Washington, DC, January 31, 2012. sales and use taxes on remote sales. We urge Hon. MAX BAUCUS, the Internet. The Senate debated Inter- the Committee to hold a hearing on the im- Chairman, Committee on Finance, Dirksen Sen- net access taxes several years ago. I plications of The Marketplace Fairness Act ate Office Building, Washington, DC. was in the middle of the debate. It led at the earliest date possible. Thank you in Hon. ORRIN HATCH, to a moratorium on Internet access advance for your consideration of this re- Ranking Member, Committee on Finance, Dirk- quest. taxes. That moratorium is still in ef- sen Senate Office Building, Washington, Sincerely, fect today. DC. Michael B. Enzi; Lamar Alexander; John We are talking about state taxes that DEAR CHAIRMAN BAUCUS AND RANKING MEM- Boozman; Roy Blunt; Bob Corker; are already owed, and the moratorium BER HATCH: We urge the Finance Committee Richard J. Durbin; Tim Johnson; Jack to hold a hearing on The Marketplace Fair- on an Internet access tax will stay in Reed; Sheldon Whitehouse; Mark L. ness Act (S. 1832), bipartisan legislation to place and not be altered. Pryor; Benjamin L. Cardin. It is very hard to see how anyone can allow States to collect sales and use taxes on remote sales that are already owed under say with a straight face that giving CONSERVATIVE VOICES ON E-FAIRNESS State law. For the past 20 years, States have States the right to collect taxes that ‘‘The only complete answer to this problem been prohibited from enforcing their own is a federal solution that treats all retailers are already owed is a tax increase. sales and use tax laws on sales by out-of- and all states the same.’’ I have spent a lot of time talking state, catalog and online sellers due to the —Indiana Governor Mitch Daniels, an- with my colleagues about making the 1992 Supreme Court decision Quill Corpora- nouncing that Amazon.com will begin col- Senate work more effectively. One way tion v. North Dakota. Congress has been de- lecting sales tax in Indiana beginning in 2014, bating solutions for more than a decade, and to do that is to make sure Senators January 9, 2012. have an opportunity to thoroughly some States have been forced to take action consider important legislation. on their own leading to greater confusion ‘‘I don’t think Congress should be in the On January 31, a few weeks ago, over and further distorting the marketplace. business of picking winners and losers. Inac- On November 9, 2011, five Democrats and 200 businesses and State and national tion by Congress today results in a system five Republicans introduced The Market- today that does pick winners and losers.’’ trade associations sent a letter to the place Fairness Act, which would give states Senator from Montana, chairman of —Representative Mike Pence, House Judi- the right to decide for themselves whether to ciary Committee, hearing on ‘‘Constitu- the Finance Committee, asking him to collect—or not to collect—sales and use tional Limitations on States’ Authority to cosponsor our bill and to address the taxes on all remote sales. Congressional ac- Collect Sales Taxes in E-Commerce,’’ No- inequity this year. Senator ENZI and tion is necessary because the ruling stated vember 30, 2011. the bill’s cosponsors have also urged that the thousands of different state and the Senate Finance Committee to hold local sales tax rules were too complicated ‘‘. . . e-commerce has grown, and there is and onerous to require businesses to collect simply no longer a compelling reason for a hearing on our bill as soon as pos- sales taxes unless they have a physical pres- sible. government to continue giving online retail- ence in the state. ers special treatment over small businesses The House Judiciary Committee has Today, if an out-of-state retailer refuses to who reside on the Main Streets across Mis- already held a hearing. Their hearing collect sales and use taxes, the burden is on sissippi and the country. The time to level on November 30, gave House Members the consumer to report the tax on an annual the playing field is now . . .’’ of both political parties the oppor- income tax return or a separate state tax —Mississippi Governor Haley Barbour, let- tunity to learn more about the issue form. However, most consumers are unaware ter to Sens. Enzi and Alexander endorsing S. and express their support for it. I hope of this legal requirement and very few com- 1832, the Marketplace Fairness Act, Novem- ply with the law. Consumers can be audited ber 29, 2011. the Senate Finance Committee will se- and charged with penalties for failing to pay riously consider our request and soon sales and use taxes. ‘‘The National Governors Association ap- find time so Senators can have the Across the country, states and local gov- plauds your efforts to level the playing field same opportunity that House Members ernments are losing billions in tax revenue between Main Street retailers and online have had. already owed. On average, States depend on sellers by introducing S. 1832, the ‘Market- Ten years ago, the bills we consid- sales and use taxes for 20% of their annual place Fairness Act.’ This common sense ap- ered to try to close this loophole sim- revenue. According to the National Con- proach will allow states to collect the taxes ply weren’t adequate to solve the prob- ference of State Legislatures, this sales tax they are owed, help businesses comply with lem. The legislation we introduced in loophole will cost states and local govern- different state laws, and provide fair com- ments $23 billion in avoided taxes this year petition between retailers that will benefit November does solve the problem. It is alone. At a time when State budgets are consumers.’’ simple, it is about States rights, it is under increasing pressure, Congress should —Tennessee Governor Bill Haslam and about fairness, and it solves the prob- give States the ability to enforce their own Washington Governor Christine Gregoire, lem. It doesn’t cost the Federal Gov- laws. National Governors Association letter to ernment a dime, it doesn’t change Fed- The Quill decision also put millions of Sens. Durbin, Enzi, Tim Johnson and Alex- eral tax laws, and it doesn’t require local retailers at a competitive disadvantage ander endorsing S. 1832, the Marketplace States to do anything. It simply gives by exempting remote retailers from tax col- Fairness Act, November 28, 2011. lection responsibility. Local retailers in our States the right to decide for them- communities are required to collect sales ‘‘When it comes to sales tax, it is time to selves how to enforce their own laws. taxes, while online and catalog retailers sell- address the area where prejudice is most This is a 20-year-old problem that ing in the same state are not required to col- egregious—our policy towards Internet sales. only the Federal Government can lect any of these taxes. This creates a tax At issue is the federal government exempt- solve. Unless we act, States will con- loophole that subsidizes some taxpayers at ing some Internet transactions from sales tinue to be deprived of their right to the expense of others and some businesses taxes while requiring the remittance of sales enforce their own tax laws and busi- over others. taxes for identical sales made at brick and nesses will not be allowed to compete State and local governments, retailers, and mortar locations. It is an outdated set of taxation experts from across the country are policies in today’s super information age, on a level playing field. urging Congress to pass The Marketplace when families every day make decisions to Mr. President, I ask unanimous con- Fairness Act because it gives states the right purchase goods and services online or in per- sent to have printed in the RECORD a to decide what works best for their local gov- son. Moreover, it’s unfair, punitive to some letter to Chairman BAUCUS and Rank- ernments, residents, and businesses. Given small businesses and corporations and a boon ing Member HATCH from the 12 Senate our fiscal constraints, we should allow states for others.’’

VerDate Mar 15 2010 01:32 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.023 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S818 CONGRESSIONAL RECORD — SENATE February 16, 2012 —Al Cardenas, chairman of the American continued development of the very brick and eral framework will level the playing field Conservative Union, ‘‘The Chief Threat to mortar establishments that support our and make it easier for small businesses and American Competitiveness: Our Tax Code,’’ state and local communities in numerous consumers to comply with the law. National Review Online, November 8, 2011. ways. This issue of fairness should be ad- Mr. ALEXANDER. I thank the Chair. dressed and I believe that H.R. 3179 does I yield the floor, and I suggest the ab- ‘‘It seems to me there has to be a way to that.’’ tax sales done online in the same way that —Texas State Representative John Otto, sence of a quorum. sales are taxed in brick and mortar estab- testimony before the House Judiciary Com- The PRESIDING OFFICER. The lishments. My guess is that there would be mittee, hearing on ‘‘Constitutional Limita- clerk will call the roll. hundreds of millions of dollars that then tions on States’ Authority to Collect Sales The bill clerk proceeded to call the could be used to reduce taxes to fulfill cam- Taxes in E-Commerce,’’ November 30, 2011. roll. paign promises.’’ Mrs. BOXER. Mr. President, I ask —Former Florida Governor Jeb Bush, let- SUPPORT FOR MARKETPLACE FAIRNESS ACT AT unanimous consent that the order for ter to Florida Governor Rick Scott, January CPAC the quorum call be rescinded. 2, 2011. Conservative Political Action Conference The PRESIDING OFFICER. Without (CPAC) panel demonstrates broad support objection, it is so ordered. ‘‘The truth is, Amazon’s unfair sales tax among conservatives for Congressional ac- Mrs. BOXER. Mr. President, we have exemption has seriously penalized its com- tion on state sales tax policy choice. petition, which is mostly smaller, locally On Saturday, February 11, 2012, a panel of on the floor of the Senate the Trans- owned retail shops. It has hurt job creation conservative leaders and industry experts at portation bill. You might wonder why and economic growth. It has resulted in gov- the CPAC conference discussed the issue of a bill that is the No. 1 jobs bill that we ernment superseding market and consumer creating a Constitutional framework for col- can do here is moving so slowly. You preferences. And it has left Main Streets lecting sales tax online. The discussion dem- might wonder. Any normal person across the country barren.’’ onstrated the strong consensus that Con- would wonder why a bill that is so pop- —Stephen DeMaura, Americans for Job Se- gress should act to establish a fair, national ular that it has everyone from the curity, ‘‘Amazon’s Argument Falls Apart,’’ approach that will address the needs of re- AFL–CIO to the Chamber of Commerce RedState.com, September 14, 2011. tailers, states and consumers. Conclusions from the panelists: supporting it is moving so slowly. You ‘‘The mattress maker in Connecticut is ‘‘The principles that we agree to as con- might wonder why it is moving so willing to compete with the company in Mas- servatives is generally: limited government, slowly, since the transportation au- sachusetts, but does not like it if out-of- that taxes should be low, spending should re- thorization for all of our highway and state businesses are, in practical terms, sub- strained, no infringement on personal lib- transit projects expires in about 1 sidized; that’s what the non-tax amounts to. erties and that elected officials certainly month. You might wonder why it is Local concerns are complaining about traffic shouldn’t be picking winners and losers in moving so slowly. Why isn’t anyone in mattresses and books and records and the marketplace. here? What is going on? computer equipment which, ordered through ‘‘When [conservatives] apply these prin- the Internet, come in, so to speak, duty ciples to this issue of e-fairness, we come up Yesterday, I came here and said I free.’’ with the conclusion that the system is anti- didn’t see a clear path forward for this —William F. Buckley, National Review quated, flawed and should be replaced.’’ bill. It is very disturbing, and I will tell Editor at Large, ‘‘Get that Internet Tax —Steve DeMaura, President, Americans for you why it is so disturbing. And that is Right,’’ National Review Online, October 19, Job Security. that when you look at the construction 2001. area of our economy, it is still down. ‘‘So, if we are going to change the system, We have 1.5 million unemployed con- ‘‘Current policy makes the sales tax a dis- we should make sure that it’s something struction workers. If you think in your tortion. Current policy gives remote sellers a simple, something understandable and some- price advantage, allowing them to sell their thing fair across the board. Whatever bur- mind’s eye what that is, I have a pic- goods and services without collecting the dens the system puts on online businesses ture here of a stadium during the sales tax owed by the purchaser. This price should also be put on brick and mortar busi- Super Bowl. You could see this sta- difference functions like a subsidy. It dis- nesses. States should not be allowed to col- dium. I want you to picture everyone torts the allocation between the two forms lect until they accept basic rules about what sitting in this stadium as an unem- of selling. The subsidy from not collecting gets taxed and where. ployed construction worker and think tax due means a larger share of sales will ‘‘The bill before Congress now achieves about 15 stadiums full. Yesterday, I take place remotely than would occur in a this better than previous bills.’’ said it was 10; that was incorrect. I free, undistorted market.’’ —Joe Henchman, Vice-President of Legal —Hanns Kuttner, Hudson Institute, report and State Projects, Tax Foundation. stand corrected today. It is 15 stadiums on e-fairness entitled ‘‘Future Marketplace: full of unemployed construction work- Free and Fair,’’ November 29, 2011. ‘‘If a consumer changes their behavior be- ers praying that we pass this bill, be- cause of government policy, this is not a free cause they are unemployed and this ‘‘Some opponents will argue against plac- market result. It’s the result of the govern- bill will create or save up to 2.8 million ing another burden on businesses and espe- ment and the government’s policy. That’s jobs. It will create or save 1.8 million cially on small business. Unfortunately, why you have to create a level playing field jobs and create up to 1 million jobs. today the burden is on those retailers who between the seller who has to collect the Yesterday, I said I didn’t see a clear sales tax. . . and those who don’t.’’ are trying to compete against someone who path forward. Today, I see a path for- isn’t collecting the tax. That 6–10% govern- —Hanns Kuttner, Visiting Fellow, Hudson ment mandated price advantage is the real Institute. ward. I really do. There has been some burden on small business. However, all of the progress overnight. But it isn’t as clear bills introduced in this Congress protect ‘‘We think the Congress should act. The as it should be. We asked both sides of small businesses by excluding the smallest, time is right to act, for Congress to get this the aisle, we said, Can you come up by requiring states to simplify their laws done and allow the states to make fiscal pol- with amendments that you feel com- and processes, and by requiring states to pro- icy choices on their own—as a matter of fair- pelled to offer to this bill? And try to vide software.’’ ness. As an added detail, there needs to be keep them related to transportation. fairness not only between offline and online, —Indiana State Senator Luke Kenley, tes- Well, the bad news is there are a lot of timony before the House Judiciary Com- but among online sellers and we certainly mittee, hearing on ‘‘Constitutional Limita- support that approach.’’ extraneous amendments that were tions on States’ Authority to Collect Sales —Paul Misener—Vice President for Global filed. Taxes in E-Commerce,’’ November 30, 2011. Public Policy, Amazon. First and foremost, birth control. The Blunt amendment. Not only does ‘‘If action is not taken and Quill is allowed WHY CONSERVATIVES SUPPORT PASSAGE OF THE it say that any employer could say to remain the law of the land, then are we MARKETPLACE FAIRNESS ACT they have a moral objection, it doesn’t not picking winners and losers within the re- The Marketplace Fairness Act protects even have to be a religious objection. tail sector? How is a retailer, such as Bed, states’ rights to make their own policy Any employer. So if I am an employer Bath and Beyond, J.C. Penney or Wal-Mart choices. and I employ 100 people, and let’s say I supposed to compete with Amazon.com, Blue The federal government should not prevent Nile.com or Overstocked.com [sic] when the states from collecting taxes that are already believe in prayer over medicine, I can latter enjoy anywhere from an 8–10% dis- owed. then deny health care to all my em- count due to not having to collect sales tax. Government should not pick winners and ployees. This makes no sense at all. This current law and policy discourages the loses among various businesses. A new fed- Senator BLUNT says, well, you could

VerDate Mar 15 2010 01:32 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.002 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S819 take it to court. Oh, sure. Some low- tles to the bill, the Finance title, the 1983 when he signed into law dedicating paid employee is going to take it to Banking title, the Commerce Com- motor fuel revenues to public transpor- court. mittee title. I want to praise all of the tation for years to come. But now the So we have to deal with this birth committees. They have done their House—and they talk about the prob- control amendment and health care work. Four committees, including lem with the House bill and they tell amendment on a highway bill. As I said ours, the EPW, the Environment and the House to fix their proposal, which yesterday, first when I saw the birth Public Works Committee, we have all we hope they are doing as we speak. control amendment, I thought maybe done our work. We have done our jobs. This is a very important endeavor. it says you can’t take your birth con- We did what we had to do. We passed Again, I have been around a long time. trol pills when you are on a Federal out the legislation. Now let’s marry all I have never seen the likes of the coali- highway. What is going on here? There the pieces and get going with legiti- tion we have seen. We have a coali- is no relation. It is bizarre to offer mate amendments and get this done. tion—it is the broadest coalition I have these unrelated amendments. Get this done. ever seen in my life in every single Then we have an amendment on I urge colleagues to vote yes on clo- State, whether it is Ohio or California Egypt. Now, frankly, I am ready to ture. I know some have problems with or New York or Alabama or Nevada or vote on the birth control. I am happy one of the titles, and we can amend Kentucky. I am telling you, this is a to vote on an Egypt amendment, al- that. If you don’t like something in strong coalition. And this is what they though I believe—this is my own view that title, we can amend it. And if we wrote to us: as a member of the Foreign Relations don’t make cloture on the first round, In 2011, political leaders—Republican and Committee—that when we have such we will come up with a path forward Democrat, House, Senate, and the adminis- delicate negotiations going on over the after that. But, please, it won’t work if tration—stated a multi-year surface trans- safety of our citizens who are being we have all of these bizarre, extraneous portation bill is important for job creation held there, we have to be very careful amendments. I am not saying the and economic recovery. We urge you to fol- not to interfere in that important amendments are bizarre. Some are. But low words with action: Make Transportation backdoor diplomacy that is going on. they are extraneous and they don’t be- Job #1 and move legislation immediately in But we have one Senator who is hold- the House and Senate to invest in the roads, long on this bill. bridges, and transit systems that are the ing up everything because he insists I want to take a minute to remind backbone of the U.S. economy, its businesses that we have to take a stand on Egypt my colleagues how popular the trans- large and small, and communities of all even though we have Americans in dan- portation authorization is. We are sizes. ger over there. going to show you the ad that is being That is basically from the letter My Republican friends have to under- run. But President Reagan was very signed by over 1,000 organizations. stand what is at stake. The business clear on why it was so important to I see my friend from California is community, the labor community, ev- pass a transportation bill. Here is what here. She may be speaking on this eryone is in favor of this transpor- he said: topic or another topic, and I am going tation bill, and we are going to have to The state of our transportation system af- to yield to her momentarily. face votes that are unrelated. fects our commerce, our economy, and our I think it is important to take a look There is an idea to repeal a very im- future. at the organizations I talked about to portant environmental regulation that He said, clearly, this program is an will clean up the pollution from boil- give you a sense of it. First of all, investment in tomorrow that we must every State in the Union is listed on ers, pollution that is dangerous. It is make today. And there is a very good mercury. It causes brain damage. It is this letter. coalition out there, a broad coalition I ask unanimous consent to have arsenic. It is lead. And as I said yester- taking out ads on the radio. After they printed in the RECORD a copy of the let- day—and I don’t know whether you quote Ronald Reagan, they say: have had this experience. I have never ter from over 1,000 organizations. It’s time for leadership again, for new in- There being no objection, the mate- in the history of my electoral career, vestments in transportation, to keep Amer- which spans a long time, had anyone ica moving and jobs growing. Call Congress. rial was ordered to be printed in the come up to me and say, Please, BAR- Tell them to pass the highway and transit RECORD, as follows: JANUARY 25, 2012. BARA, we really need more arsenic in bill and, once again, make transportation job TO THE MEMBERS OF THE U.S. HOUSE AND our air, we need arsenic in our water, number one. SENATE: As Congress embarks on a new legis- we need more lead, we need more mer- This is out on the radio airwaves. I lative session, we, the undersigned compa- cury. People don’t want it. Why on am very grateful that it is happening. nies and organizations, urge you to Make Earth would they now come forward in I really, really am. Also, we have ads in Transportation Job #1 in 2012 and pass fed- a highway bill and repeal a very impor- the various newspapers. Then there is eral highway, transit and safety legislation tant rule that will make our families another one that marries up two Presi- that, at a minimum, maintains investment healthier? That is what my Republican dents’ statements, President Reagan levels before the current law expires on friends are putting out there. They and President Clinton. They quote March 31. The long-delayed reauthorization President Clinton by saying: of federal highway and public transportation want to drill off our coast, even though programs is a major piece of unfinished busi- it might interfere with the fishing in- By modernizing and building roads, ness that can provide a meaningful boost to dustry, the tourism industry, the bridges, transit systems, and railroads, we the U.S. economy and its workers and al- recreation industry. can usher in two decades of unparalleled ready has broad-based support. I would say to my colleagues with a growth. To grow, the United States must invest. hand of friendship, we are happy to Then they also quote Ronald Reagan There are few federal efforts that rival the look at transportation-related amend- again. He says: potential of critical transportation infra- ments. We can work those through. My A network of highways and mass transit structure investments for sustaining and creating jobs and economic activity over the staff and Senator INHOFE’s staff have a has enabled our commerce to thrive. At the end it says: short term. very close working relationship, and Maintaining—and ideally increasing—fed- we can take these relevant amend- Tell Congress to pass the highway and eral funding for road, bridge, public trans- ments and sit down and work through transit bill and make transportation job portation and safety investments can sustain them. But obviously, if there is going number one. and create jobs and economic activity in the to be a series of amendments on birth So here we sit—and I want to show short-term, and improve America’s export control and foreign policy matters and you. I don’t know if people can see this. and travel infrastructure, offer new eco- extraneous matters, it makes it very I hope you can see this. This is an ad nomic growth opportunities, and make the difficult. It diverts our attention from that is running all over today: Presi- nation more competitive over the long-term. dent Reagan stood up for public trans- Program reform would make the dollars what is at stake. The clock is ticking stretch even further: reducing the time it on us. This transportation authoriza- portation. Will you? Then they quote takes transportation projects to get from tion we have expires in March. him and they say: A recovering econ- start to finish, encouraging public-private Here is where we are: We are going to omy is exactly the time to rebuild partnerships and use of private capital, in- have a cloture vote on the various ti- America. President Reagan knew it in creasing accountability for using federal

VerDate Mar 15 2010 03:07 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.030 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S820 CONGRESSIONAL RECORD — SENATE February 16, 2012 funds to address the highest priority needs, tion workers that even though we have Judge Peter Lichtman described and spurring innovation and technology de- 1.5 million unemployed construction many of these injuries. Passengers ployment. workers, that is going to go up by seated at table seats suffered ‘‘horrible We recognize there are challenges in find- ing the resources necessary to adequately 600,000 jobs. abdominal injuries that could not be fund such a measure. However, with the eco- We cannot afford to let this bill stop. medically resolved.’’ ‘‘All of the bench nomic opportunities that a well-crafted I will not let this bill go away. I will passengers were launched head [or] face measure could afford and emerging political assert every right I have as a Senator first into a bulkhead.’’ ‘‘Almost all of consensus for advancing such an effort, we from California, where we have 63,000 of these passengers suffered traumatic believe it is time for all involved parties to these jobs at stake. I am going to be brain injuries to varying degrees.’’ come together and craft a final product. here on the Senate floor. We are going In 2011, political leaders—Republican and Let me explain how and why this to get this bill done one way or an- happened. Seconds before the crash, Democrat, House, Senate and the Adminis- other. We stand ready to work with our tration—stated a multi-year surface trans- the train’s engineer was text-mes- portation bill is important for job creation colleagues, to work with our Repub- saging on his cell phone. He was the and economic recovery. We urge you to fol- lican friends, to go through these only personnel aboard that train when amendments that are relevant and urge low words with action: Make Transportation he looked down to send a text to a them to backtrack on these very unre- Job #1 and move legislation immediately in teenage boy. This was one of 21 text the House and Senate to invest in the roads, lated amendments. bridges, transit systems that are the back- I yield the floor. messages sent by this engineer this bone of the U.S. economy, its businesses The PRESIDING OFFICER (Mrs. day. He received 20 secretaries mes- large and small, and communities of all HAGAN). The Senator from California is sages and made four outgoing tele- sizes. recognized. phone calls, all while he was driving a From over 1,000 organizations, led by Mrs. FEINSTEIN. Madam President, large commuter train. U.S. Chamber. I thank my friend and colleague, the According to the NTSB’s comprehen- Mrs. BOXER. Madam President, I am distinguished chair of the committee, sive report on the crash, this behavior going to name a few of them: the for her work in managing this bill. distracted the engineer and caused the American Composite Manufacturers This is a huge bill. It has many titles. collision. It led to the train running Association, American Concrete Pave- It is a complex bill. It is a totally vital red signals. In fact, NTSB found the ment Association, American Hotel and bill. Both on this floor and off this passenger train’s engineer never even Lodging Association, American Nurs- floor, she has been advocating and hit the brakes before impact. NTSB ery and Landscape Association, Amer- pushing and doing what is necessary. I found that a crash avoidance system ican Society of Civil Engineers, Associ- want to say thank you very much to would have stopped the train and pre- ated General Contractors of America, my friend and colleague, Senator vented this disaster, but, unfortu- National Society of Professional Engi- BOXER. nately, the tracks in Los Angeles had neers, National Resources Defense Mrs. BOXER. I thank the Senator, and have no such system nor do most Council, North American Die Casting and we are working on that too. tracks in the United States. Association, Pacific Northwest Water- Mrs. FEINSTEIN. Madam President, As a result of this accident, 25 people ways Association, Reconnecting Amer- let me describe what happened in 2008 died and 100 people were injured. The ica, Retail Industry Leaders Associa- in Chatsworth, CA. On September 12, statistics about the Chatsworth dis- tion, Transportation for America, U.S. 2008, Metrolink commuter train 111, aster do not begin to tell the story. Chamber of Commerce, U.S. Travel As- carrying more than 200 people, de- Perhaps I might be able to better put sociation, United Brotherhood of Car- parted the Chatsworth train station into words what is at stake in this de- penters and Joiners, Laborers Inter- about 4:20 p.m. Heading west, the com- bate in one of the votes we will be tak- national, International Bridge, Tunnel muter train ran through a train signal ing about positive train control by tell- and Turnpike Association—it goes on at 44 miles per hour at about 4:22 p.m. ing you a little bit about Kari Hsieh and on, a thousand groups representing and 2 seconds. The train signal showed and Atul Vyas. Democrats, Republicans, Independents. red, for stop. Eighteen-year-old Kari did not want I am so grateful to them. I speak to At the same time, a Union Pacific to trouble her father to drive her from them, frankly, a couple of times a week freight train, weighing four times the the family’s Newhall home to a res- to tell them what we are doing here to weight of the commuter train, was move this important bill forward. I heading east on the same track. It taurant in Simi Valley, so she took the told them yesterday they needed to exited a tunnel with little time to train. In October 2008 she became one contact every single Senator in this react to the oncoming commuter train. of many young people killed in this Chamber to let them know what is at Both trains were on the same track crash. She was just starting her senior stake in their State. going in opposite directions, each going year at Hart High School and looking In closing, I will say this: Sometimes roughly 40 miles per hour. The trains forward to a career in medicine, ac- when we act we not only do something collided head on. cording to her family. She played ten- good, which this bill will do—it is a re- The carnage was unspeakable; 25 peo- nis for the school and was well liked by form bill, it is a great bill, and it adds ple died. Their bodies, many torn to her classmates who described her as to the TIFIA Program, an idea that pieces, had to be extracted from heaps warm and caring. ‘‘Anyone who knew came out of Los Angeles and is going of steel and wreckage. her can remember her by her beaming to create up to 1 million new jobs while This is the scene. This is the com- smile and infectious laugh,’’ one of her protecting 1.8 million jobs—we do muter train. This is the freight train. classmates told the Los Angeles Times. many good things. But also when we do This is the car that essentially chopped Here she is. this, we stop bad things from hap- apart 25 people. ‘‘She had such a positive outlook on pening. What will happen if we fail to As Superior Court Judge Peter life and always had something nice to act by March 31 and there is no action Lichtman wrote: say about everyone,’’ wrote a parent of to fill that trust fund, which our bill These were teachers, Federal, State, mu- a varsity tennis player. ‘‘I feel blessed does? There will be over 600,000 jobs nicipal employees, business owners, execu- to have been part of her life.’’ tives, artists and students that were all lost Then there is Atul Vyas, a student at lost. on that day. Later today, at a time when others Many families were left without any pro- Claremont McKenna College, who was are not here, I will go State by State. vider, not to mention the loss of a mom or studying to become a doctor. At 20 Here it is. ‘‘Estimated jobs lost.’’ There dad. years old, he was in the process of ap- would be a 35-percent cut in transpor- Another 101 people were injured, plying to graduate programs at MIT, tation funding if we do not pass this many of them very seriously. Volun- Duke, and Harvard. He scored in the bill and the finance title that raises teers and rescue crews worked val- top 1 percent of his medical school the funds necessary. We will break this iantly to pull them from the wreckage. entry exams, but he was having trouble down. Let me tell you, it is an ugly pic- You can see this overturned train answering one question on applica- ture for us to have to go home and face here. You see the rescue crews. It was tions: Describe a hardship you have the music at home and tell construc- a terrible, terrible scene. overcome.

VerDate Mar 15 2010 01:32 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.004 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S821 ‘‘He said ‘I have not had any.’ I have reports investigating this question citizens. For several months now these had a blessed life,’’ explained his fa- have recommended an extension, ac- citizens have been essentially held hos- ther. Atul never finished that applica- cording to the NTSB experts. tage, unable to leave Egypt. They are tion nor did he reach his goal of med- Furthermore, every railroad has sub- held on the pretense of trumped-up po- ical school. He took Metrolink train mitted an approved plan to meet the litical charges, held in order to display 111 home to visit his family as he did 2015 deadline to the Federal Railroad them in show trials to placate the mob. every 2 to 3 weeks, but he never made Administration, and the administra- The United States can respond in one it home because an engineer was tion is preparing a report to Congress of two ways: We can hang our head low; texting. on positive train control deployment we can take the tack of Jimmy Carter; As the NTSB found, these young lives progress this year, which should pro- we can try to placate Egypt with con- and the lives of 23 others could have vide us guidance on that effort to date. cessions and offer them bribes in the been saved if crash avoidance tech- I think Congress should consider the form of more government aid; or Amer- nology, known as positive train con- FRA’s findings carefully before scaling ica can respond with strength. trol, had been in place. In 2008, Con- back or delaying a system that can Today the President should call the gress finally required railroads to de- prevent crashes such as Chatsworth. Egyptian Ambassador in and send him ploy positive train control, which the And there have been three prior crash- home with a message, a message that National Transportation Safety Board es that have taken lives on this America will not tolerate any country had placed on its top 10 most wanted Metrolink system. These are not iso- holding U.S. citizens as political pris- safety technologies listed since 1990. lated. They happen. We now have a oners. Congress should act today to tell This body gave the railroad industry 7 technical system that can be 100 per- Egypt that we will no longer send our years to deploy positive train control cent proof-positive to provide safety. annual welfare check to them; that crash avoidance systems nationwide. So I am very concerned that without a this year’s $1.8 billion is not on the The leaders of Southern California’s national strategy, deployment of posi- way. America could put Egyptian trav- Metrolink, Union Pacific, and BNSF tive train control in southern Cali- elers on notice that the welcome sign railroads each committed to deploy fornia will become more difficult. in America will temporarily expire un- positive train control systems in Los There will be excuses, and there will be less the Egyptian Government lets our Angeles years earlier than the national a lessening of effort. And both BNSF people go; or America could hang her mandate. These railroads are still on and Metrolink have made very strong head, promise to continue the foreign track to deploy the system next year. efforts to comply with 2015. Why aid to Egypt, and apologize for sup- I met yesterday with John Fenton, change it? The Los Angeles area is a porting democracy. Which will it be? the new CEO of Metrolink, and Matt huge commuter area, and when it is So far, the signal sent to Egypt from Rose, the CEO of BNSF. They both in- not necessary to change it, why do it? the President and from the Senate has dicated their desire to make their high- The national requirement to deploy the been weak or counterproductive. In est priority positive train control, and system by 2015 creates a substantial in- late January the President’s Under I thank them. Metrolink is going to go centive for industry to develop new and Secretary of State said to the adminis- ahead with it as soon as possible re- cost-effective technology that lowers tration that he wanted to provide more gardless. BNSF told us if they delay— the deployment costs for everyone, in- immediate benefits to Egypt; let’s if this bill delays it, they may take an cluding Metrolink. speed up the welfare checks. The Presi- additional year. The national strategy, which will dent’s budget this week still continues I salute both of them for their sup- hopefully be presented in the FRA’s to include $1.8 billion for Egypt with- port of this program. However, I am 2012 report to Congress, could play a out a single word of rebuke or any de- very alarmed that others in the rail- significant role in addressing positive mand that our U.S. citizens be re- road industry and in Congress diminish train control deployment barriers. This leased. The President went one step the value of positive train control. system can prevent human error from further when he actually increased for- As a matter of fact, the bill we will causing collisions, dangerous releases eign aid to the Middle East in his budg- most likely be voting on—in one of its of hazardous materials, and passengers et, and now the Senate refuses to hold titles, the commerce title—delays posi- and train crews from being killed and a single vote to spend 10 minutes dis- tive train control until 2018. The House injured. cussing why U.S. citizens are being de- bill delays it until 2020. When the tech- So I make these remarks today in tained in Egypt. nology is there, despite its complica- the hopes that there will be support in One might excuse the Egyptians for tions of installation, when you have this body for the 2015 deadline. And I not believing we will cut their aid. You high-risk lines, freight lines and com- really appeal to the committee that cannot lead from behind. Senate lead- muter lines traveling in opposite direc- right now it is locked in at 2018—we ership appears unwilling to address tions on the same track, and when you have tried, we have talked to the staff, this issue head-on, so the Senate won’t have human frailty—in this case one and we have been rejected—to under- act to help our citizens this week. engineer texting aboard a commuter stand that what they are delaying is a I hope that when Senators return train of a couple of hundred people— device that saves lives, and there is no home and talk to their constituents in the only answer to assure the safety to excuse for so doing. The case has not their States, their constituents will the commuter trains of this Nation, in been made to do so. The hearings have ask these questions: Senator, why do my view, is positive train control. I not taken place, there was no markup you continue to send our taxpayer view it as an emergency need. The to add this, and I strongly believe it money to Egypt? Why do you continue NTSB views it as an emergency need. should not be delayed in this bill. I to send our money to Egypt when they According to them, scores of deadly hope Members will listen. I hope they detain our citizens? Senator, why do accidents across the country since 1970 will respond. Hundreds of thousands of you continue to send billions of dollars could have been prevented if positive commuters are at risk until this sys- to Egypt when 12 million Americans train control in effect were installed. I tem is put into place. are out of work? Senator, why do you agree strongly with the NTSB Chair- I yield the floor. continue to send welfare to foreign man, Deborah Hersman, whom I hap- The PRESIDING OFFICER. The Sen- countries when our bridges are falling pen to know, who recently wrote to the ator from Kentucky. down and in desperate need of repair? Congress that: Mr. PAUL. Madam President, de- Senator, how can you continue to flush The NTSB will be disappointed if installa- pendency often leads to indolence, our taxpayer money down a foreign tion of this vital safety system to prevent fa- lethargy, a sense of entitlement, and drain when we are borrowing $40,000 a talities and injuries is delayed. ultimately to a state of insolence. second? The money we send to Egypt The need to extend the 2015 positive Egypt has been receiving welfare from we must first borrow from China. That train control deployment deadline has the United States for nearly 40 years. is insanity, and it must end. Finally, not been demonstrated. The Senate America has lavished $60 billion on Mr. Senator, I hope your constituents Commerce Committee has held no Egypt. They react with insolence and ask you this when you go home: When hearings on this issue and no published disregard by detaining 19 of our U.S. working families are suffering under

VerDate Mar 15 2010 01:32 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.033 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S822 CONGRESSIONAL RECORD — SENATE February 16, 2012 rising food prices, when working fami- policy assumptions, throws in a few rosy out Presidential participation a prob- lies are suffering because gas prices forecasts, and omits all kinds of painful deci- lem as big as this country’s national have doubled, how can you justify sions . . . the proposal would add $1 trillion debt is never going to be solved. sending our hard-earned taxpayer dol- more to the national debt than Obama con- What President Obama put forward templated a few months ago. lars to Egypt, to countries that openly on Monday of this week is not a serious show their disdain for us? Dana Milbank added that the Obama budget. As I said before, it is a political When will we learn? You can’t buy budget ‘‘is a nonstarter on Capitol Hill, statement. The fact is Americans are friendship, and you can’t convince au- where even Senate Democrats have no going to pay a heavy price for the thoritarians to love freedom with wel- plans to take it up. It is, in other President’s unwillingness and inability fare checks. words, exactly what it was supposed to to lead. America needs to send a clear and be: a campaign document.’’ While President Obama claims his unequivocal message to Egypt that we So with that background from some- budget will create an America built to will not tolerate the detention of U.S. body who is not a Member of Congress, last, his budget builds higher deficits citizens on trumped-up political not a Republican or Democrat—I don’t and debt, a bigger, more intrusive gov- charges or otherwise and that we will know how he might be registered—I ernment, and economic decline for fu- not continue to send welfare checks to would like to give my views on the ture generations. Egypt, to a country that commits an President’s budget, but just so that We want to remember that more im- injustice to American citizens. people know it isn’t just Republicans portant than the economic points of a I ask unanimous consent today to set who disagree with the President’s budget is, when we get a more intru- aside the pending amendment and call budget. sive government, the less economic and up my amendment on Egypt that I think you could sum up the Presi- social freedom people have. would end all foreign aid to Egypt if dent’s budget with three words that By nearly every fiscal measure, our U.S. citizens are not released with- might say you are giving it a D grade, President Obama’s budget makes mat- in 30 days. I think this is an important and probably most people would give it ters much worse. Not only has the amendment which deserves discussion, an F grade, but they would be debt, President chosen to ignore the looming and Egypt deserves to hear a message deficit, distrust, and disaster—too fiscal catastrophe, he has chosen to continue the course and even step on from the Senate that we will not tol- much spending, too much taxing, and the accelerator. erate this. too much debt. This comes from the This year, the Federal Government I ask unanimous consent to bring up fact that earlier this week the Presi- will spend $3.8 trillion—equal to 24.1 amendment No. 1541. dent submitted—as he has to every percent of our GDP. During the past 60 The PRESIDING OFFICER. Is there year—a budget proposal, and this budg- years, we have averaged about 21 per- objection? et proposal was all too predictable. It cent of GDP. So we quantify govern- The Senator from California. was predictable because it follows the Mrs. BOXER. Madam President, re- same path as his previous three budg- ment growing dramatically from tak- serving the right to object, I want to be ets. With breathtaking irresponsibility, ing 21 percent out of the economy— that government spends, 535 Members very clear here that Members on both the President’s 2013 budget would ex- of Congress spend; instead of 300 mil- sides of the aisle, Republicans and pand the scope of government by lion Americans—and that is raised to Democrats, have very strong feelings spending more money, increase taxes on job creators, particularly small 24.3 percent. that this amendment should not be Alarmingly, over the 10-year period business, and continue on the path of brought up at this time. We need to be ahead, in the 2013 budget, in this budg- enormous deficits and record debt— smart and strategic when we have peo- et, spending never gets below 22 per- de´ja` vu. ple in harm’s way in other countries. cent. So forever they are growing gov- The President’s budget proposal is Further, I think it is important to ernment and detracting from indi- supposed to be a serious document, a note what Senator LEAHY has said sev- vidual freedom. eral times, which is already in law—we document that lays out the President’s The President intends to lock in his- have certain conditions placed upon aid priorities along with the President’s torically high levels of spending. Do to Egypt, and I think that needs to be ideas on how to address our national not take it from me, but it is right understood and explored. fiscal and economic challenges. This here in these budget documents we So because there is so much objec- budget fails those goals miserably. have all been given this week. He is a tion to this amendment being brought As a member of the Budget Com- big spender of other people’s money. up at this time, I will object. mittee, I have heard from numerous ex- In dollar terms, spending goes up The PRESIDING OFFICER. Objec- perts who come before that committee from $3.8 trillion this year to $5.8 tril- tion is heard. about the need for Congress and the lion 2022. Over a 10-year period of time, The Senator from Iowa. President to get serious about the fis- this budget spends about $47 trillion, Mr. GRASSLEY. If it is appropriate, cal cliff we are approaching. We have and during that period of time, it in- I would like to ask unanimous consent had deficit commissions—you remem- creases the national debt by $11 tril- to speak as in morning business for ber Simpson-Bowles, as an example— lion. So it is clear this document the about 15 minutes. we have had task forces, and we have President gives to Congress under law The PRESIDING OFFICER. Without had what we call gangs, the Gang of 6, is built to spend. objection, it is so ordered. six Senators trying to work things out, President Obama’s budget is also THE BUDGET and other Members of Congress. All harmful to our fragile economy be- Mr. GRASSLEY. If a Republican like have put forward deficit reduction cause it would impose a $1.9 trillion tax this Senator says that the President’s plans. It is going to take more than a increase. 2013 budget doesn’t pass the smell test, commission, and the President didn’t I always go back to what I thought I would probably have half the country even back the recommendations of his was a very wise decision President questioning my judgment. But I would own commission a year ago. It is going Obama made about 2 or 3 weeks before like to quote the Washington Post’s to take more than task forces, and it is he actually took the oath of office. Dana Milbank’s comments on the going to take more than gangs of Sen- During the campaign, he reminded ev- President’s budget. This was recently ators because the single most impor- erybody he wanted to raise taxes. But in the Washington Post, these words by tant political and moral leader in when he got to being sworn in, he a columnist who I think is generally America is whoever holds the Presi- looked at how bad the economy was, pretty favorable toward President dency of the United States. In this par- and he clearly said it is not too wise to Obama as a person and his administra- ticular instance of this executive budg- raise taxes when we are in recession. tion, but there is great disagreement et, that person and that document has Maybe technically we are not in a re- by this columnist about the President’s failed to lead on this critical issue. It cession, but for the 8.3 percent of the budget. does not matter how many commis- American people who are unemployed, The White House budget for fiscal 2013 be- sions, how many tasks forces, and how it is not just a recession, it is also a de- gins with a broken promise, adds some phony many gangs of Senators we have, with- pression for each one of them.

VerDate Mar 15 2010 03:07 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.034 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S823 So since the unemployment rate actually go up toward the end of his dent’s budget was defeated in the Sen- stands at 8.3 percent, and the President budget, rising to $704 billion by 2022. ate by a vote of 97 to 0. Not a single seems to be just fine this year, com- This budget puts America on the member of the President’s party sup- pared to 3 years ago when he was sworn course of deficits and debt as far as the ported his budget. in, that hiking taxes is not going to be eye can see into the future. So when constituents ask me why we harmful to the economy, it is not going Additionally, the President took a cannot do something in a bipartisan to be harmful to those 8.3 percent of pass on proposing any real changes to way in Congress—and we do a lot in a the people who are unemployed and our entitlement programs, which are bipartisan way that does not get the looking for jobs, it is going to be. So the real driver of future deficits and attention of the press, so people are why has the President flip-flopped on debt. That is only part of it. The main cynical about Congress being bipar- this issue of whether you ought to in- part of it is, do we want to preserve So- tisan—I quote a 97-to-0 vote about crease taxes when people have such cial Security, Medicare, and Medicaid whether there is bipartisanship, and high unemployment rates? for future generations? Because if we that was a vote against the President’s This tax increase will harm the econ- do not do something about it, it is not budget. Every Republican and every omy and result in fewer job opportuni- going to be preserved. Again, he is ab- Democrat agreed. Once again this year, ties, particularly among the small sent from the discussion when Social if we ever get this to a vote, I predict businesspeople who create or provide Security, Medicare, and Medicaid that very few, if any, will support this for 25 percent of the jobs in America comes up. budget. and generally create 70 percent of the He has offered no solution in this Quite frankly, it would be humorous new jobs in our economy. That is where budget, even though the Simpson- if the consequences of inaction were it is going to be very harmful. Bowles Commission he appointed—he not so serious. We have a moral obliga- I recently asked Federal Reserve never endorsed their recommendations tion to offer serious solutions for today Chairman Bernanke about the pros- 1 year ago; and why he did not endorse and for future generations. The Presi- pects of a tax increase and the impact and trust the people he put in place to dent’s budget fails in this responsi- it would have on our economy. He indi- get a solution to these problems I do bility. He has chosen a politically expe- cated a significant tax hike could slow not know, but even the Simpson- dient path rather than a responsible, the economy, slow the recovery. In my Bowles Commission has solutions for forthright path. question to him before the Budget Social Security, Medicare, and Med- Our grandchildren and great-grand- Committee, I quoted the Congressional icaid. That is further evidence that the children will suffer as a result of this Budget Office that says unemployment President has chosen not to lead on failure, and that suffering comes from would go up and the economy would these very difficult issues. this fact: that for nine generations of grow less if we had this big tax in- President Obama has spoken a lot Americans, each succeeding generation crease the President wants. lately about the issue of fairness. has lived better than the previous gen- The President has spent many hours President Obama believes this type of eration, and a lot of Americans feel speaking about helping our economy, budget, with higher taxes, more bor- that is not going to happen with the investing in our future, and increasing rowing, and enormous deficits and debt next generation. That would be a sad economic opportunities for all Ameri- will bring about fairness. commentary. cans. While he is saying all those If the President is referring to shar- I yield the floor. things that he is probably sincere ing in our Nation’s economic decline, I suggest the absence of a quorum. about, at the same time he does not he is right. If he is talking about shar- The PRESIDING OFFICER. The put his actions where his words are be- ing in a Japanese-like prolonged period clerk will call the roll. cause he does not allow a pipeline to be of stagflation, he is right. If he is talk- The legislative clerk proceeded to built that will create 20,000 jobs right ing about sharing in an economic col- call the roll. now and 110,000 indirect jobs connected lapse such as the one going on in Mr. BROWN of Ohio. Madam Presi- with it. Greece, he is right. It may not be to- dent, I ask unanimous consent that the If he gets his wish to hike taxes by morrow, but all signs point down the order for the quorum call be rescinded. $1.9 trillion, it will harm all Ameri- road in those directions because based The PRESIDING OFFICER. Without cans, further prolong this already 3- upon the national debts of those par- objection, it is so ordered. year slowdown, while growing an even ticular countries, that is where we are Mr. BROWN of Ohio. Madam Presi- larger, more intrusive Federal Govern- headed. dent, I ask unanimous consent to speak ment impinging upon personal liberties The budget proposed by President as in morning business for up to 10 to a greater extent. Obama will have all Americans sharing minutes. Maybe the President’s purpose in im- in higher taxes, a larger, more intru- The PRESIDING OFFICER. Without posing this huge tax increase is an ef- sive government, less freedom, and objection, it is so ordered. fort to reduce the Nation’s debt and deficits and debt that will lead to eco- CHINA TRADE that is probably what he would tell us, nomic decline for future generations. Mr. BROWN of Ohio. Madam Presi- and he may truly believe that. Unfor- We all know a large budget deficit re- dent, I was presiding earlier today be- tunately, that is not what he has duces national savings, leading to high- fore the Senator from North Carolina. I planned. He wants to spend every dol- er interest rates, more borrowing from listened to Senator BOXER talk about lar. His budget leads to an additional, abroad, and less domestic investment, the importance of this Transportation as I said before, $11 trillion increase in which, in turn, would lower income bill, this highway bill, which I under- debt—national debt—over the next 10 growth in our country. score. years. Debt held by the public in- This will hurt the lower and middle This week we have seen movement on creases from 74 percent of our economy class the most. The gains President extension of the payroll tax and tax today to 76 percent of our economy by Obama touts in his budget that he is cuts and unemployment benefits, two the year 2022, at the end of this 10-year delivering to the middle class will be very important things—with the doc- budget window. dwarfed by the loss of economic activ- tors fix too—very important things to We have to compare that to the his- ity caused by deficits and debt. keep our economy moving. It made me toric average since World War II, and This is not a serious document. It is think back what has happened in the that was just 43 percent, compared to a political document. As evidence of last couple of years. where it is right now: 74.2 percent, how out of touch this budget is, few of In 2009, when Senator Obama became going up to 76 percent. my Democratic colleagues have even President Obama, we were losing If people believe President Obama is acknowledged President Obama sub- 800,000 jobs a month in the United putting us on a path to fiscal sustain- mitted a budget, much less defend it. States. We know what was happening, ability by taxing increases, I would I hope the Senate will have an oppor- especially to manufacturing and espe- suggest they look at the annual defi- tunity to debate and vote upon Presi- cially in States such as the Presiding cits over the next 10 years. These defi- dent Obama’s budget. Last year, we Officer’s, North Carolina, and my State cits never drop below $575 billion, and had such a vote. Last year, the Presi- of Ohio. In fact, we had for 12 years—

VerDate Mar 15 2010 01:32 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.036 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S824 CONGRESSIONAL RECORD — SENATE February 16, 2012 every single year for 12 years—from the U.S. companies bought $1 billion in who run this company. They were 1997 to 2009, we had lost manufacturing Chinese-made auto parts more than we about to make a million-dollar sale. jobs every single year in Ohio and in sold to China—auto parts made in this All of a sudden the Chinese competitor the United States. country. We had a $1 billion deficit in came in, with that 25-percent bonus But after President Obama took of- auto parts. Today, that deficit is about that they get because China games and fice, we passed the Recovery Act, we 800 percent bigger than that. It is cheats on the currency system, and did some other things, the health care around $10 billion, that auto parts they were underpriced by 20 percent. bill, all of that. We have begun to see, trade deficit. So the point of that is if So that clearly does not work. month after month after month, job we can turn that around, if we can That is why I said that to the Vice growth. Not job growth that we want force the Chinese to play fair and stand President of China about the impor- yet, not the kind of strong job growth up and practice trade according to our tance of currency. That is why the we want. But for 21, 22 consecutive national interests, not according to House of Representatives needs to pass months we have seen more manufac- some economic textbook that is 20 my legislation. It will mean we can turing jobs than the month before, in- years out of print, if we can do that, it keep this recovery going. The 21 cluding my State of Ohio—more manu- will mean way more American jobs months in a row of manufacturing job facturing jobs every single month than making auto components in steel, in growth, coupled with the extension of the preceding month for 20, 21, 22 rubber, and all of those things that go the payroll tax cut, coupled with the months in a row. into the creation of an automobile, the extension of unemployment benefits, Why is that? There are a lot of rea- assembly of an automobile and a truck. coupled with the Transportation bill, sons. No. 1 is we have begun to put the Yesterday, 100 feet from here, a group the highway bill that Senator BOXER economy on track—no longer losing of us met with the Vice President of and Senator INHOFE bipartisanly are 800,000 jobs a month; instead, gaining China, who will soon be the leader of working on, coupled with standing up manufacturing jobs every month. that country, people who know China to the Chinese on trade enforcement The auto rescue has made a huge dif- well predict. I asked him a question and on this currency bill, will mean we ference in States such as Ohio, but about that, that China does not play are going to get this recovery, we are really across the country as we have fair, they do not play fair on currency, going to sustain it, we are going to seen manufacturing take off. they do not play fair when it comes to grow it. It is going to mean significant Coming out of every recession, what subsidizing energy and water and cap- new jobs in my State of Ohio and leads out of the recession? Typically it ital and land. Of course, he deflected across the country. is the auto industry. And in the Mid- the question. He did not answer. I did I yield the floor and suggest the ab- west and throughout the country, peo- not expect him to. But I wanted him to sence of a quorum. The PRESIDING OFFICER. The ple are making cars, they are buying know as eight or nine of us were sitting clerk will call the roll. cars, all the economic activities gen- around the table, I was the only one erated from making a car and buying a The legislative clerk proceeded to who directly brought up the issue of call the roll. car and running a car. jobs and this economic relationship, Mr. MANCHIN. Madam President, I One of the untold stories, in Toledo, leveling the playing field. ask unanimous consent the order for OH, in northwest Ohio, near the Michi- But that is why it is so important the quorum call be rescinded. gan border, the Jeep plant, the Chrys- that the House of Representatives pass The PRESIDING OFFICER (Mrs. ler-Jeep plant—Chrysler, a company my China currency bill. This is legisla- MCCASKILL). Without objection, it is so that was saved by the auto rescue. tion the Senator from North Carolina, ordered. They went into bankruptcy. The re- Mrs. HAGAN, has cosponsored. It is leg- FISCAL RESPONSIBILITY structuring and the financing by U.S. islation that LINDSEY GRAHAM from Mr. MANCHIN. Madam President, I taxpayers got that company back on South Carolina, a Republican, has co- rise today to speak about the dire fi- its feet, back into business making sponsored. It is legislation that CHUCK nances of this great Nation and the cars. But prior to the auto rescue in SCHUMER of New York, a Democrat, has policies and laws of this government 2008, the Jeep plant in Toledo—only 50 cosponsored, along with OLYMPIA that are only weakening our fiscal percent of the products going into a SNOWE, a Republican from Maine, and standing for future generations. Jeep, the components assembled in To- DEBBIE STABENOW, a Democrat from A year ago, I was in a Senate Armed ledo, only 50 percent were American Michigan, and Senator SESSIONS, a Re- Services Committee meeting and then- made. Do you know what happened publican from Alabama, all of us who Chairman of the Joint Chiefs of Staff after the auto rescue? Now 75 percent have come together. ADM Mike Mullen was asked: What is of those products are American made, My currency bill was the largest bi- the greatest threat to our Nation and those components. That is exactly the partisan jobs bill that the Senate our national security? I would have point. Because it is not just the compa- passed in 2011. Unfortunately, Speaker thought he would have said terrorism, nies you hear about—Honda has a big BOEHNER in the House of Representa- the terrorists, al-Qaida, North Africa, operation in Ohio, Chrysler, GM, Ford, tives is blocking it. It is important could have been Iran, it could have all big operations in Ohio, all expand- that he move on that. It will have a been another rising military power, but ing, all investing—just in the last 6 strong bipartisan vote out of the House he didn’t hesitate in responding that months, each of those four companies of Representatives, as it did—far in ex- the national debt is the greatest threat has announced major investment dol- cess of 60 votes in the Senate. to our country. lars going into Ohio operations. It works like this, briefly: With That was one of the most sobering It is not just those auto plants, it is China cheating on currency, it means moments I have experienced since be- the supply chain. So if a Chrysler Jeep that a product made in Cleveland, OH, coming a Senator. I thought more peo- is made out of 75-percent American and sold in Wuhan, China has a min- ple would hear what he said and take parts rather than 50-percent American imum 25 percent—some former Reagan this situation more seriously, but parts, think of the jobs that creates: administration officials say 40 or 50 things have only gotten worse since tires, steering wheels, blocks, trans- percent—but at least a 25-percent cur- then. Our debt ceiling is at a record missions, the engine, the fenders, all of rency tariff or tax, that every one of here, $16.4 trillion. By 2022, according the steel, all of the electronics, all of our products is taxed that way. That to the President’s newly proposed the products that go into those auto- cost is added to it when it is sold in budget, we will be $25.9 trillion in debt. mobiles and trucks. That is in many China. That means every man, woman, and ways the untold story. Conversely, if the Chinese make child will be responsible for more than The problem, though, with that is we something and sell it into Akron or $79,000 of debt. Our children and grand- are still seeing China, the People’s Re- Lima or Mansfield, OH, that product is children will be paying more in inter- public of China, Communist China, 25 percent less expensive, which means est on that debt than we spend on edu- cheating when it comes to auto parts. that American companies cannot com- cation, energy, and defense—combined. The auto parts trade deficit a decade pete. There was a company in Bruns- Our elected leaders should be negoti- ago was about $1 billion, meaning that wick. I was talking to two brothers ating solutions but instead everyone is

VerDate Mar 15 2010 01:32 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.038 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S825 cooking up short-term Band-Aids that Standing here, I tell my Democratic doesn’t make any sense. Just what ex- create long-term obligations that will friends that we must face the truth actly will continuing this policy do to take years for future generations to that the very programs we care so the long-term solvency of Social Secu- repay. They are trying to figure out dearly about and fight so hard for will rity? The answer is very simple: It will how to point fingers at the other side. be destroyed unless we do something be a disaster. There is not a person in West Vir- about this exploding debt. Standing The so-called experts will tell you ginia who can understand why politics here, I also tell my Republican friends that everything will be right because is trumping our future fiscal stability. that they too must face the truth or we will backfill those contributions I don’t think there is a person in Amer- not only will the programs they care with revenue from the general fund. ica who understands why in Wash- about be destroyed, they may be forced Let me remind you that this is the ington we cannot come together on a to one day support a massive tax in- fourth straight year the general fund long-term fix to the problems we have. crease to simply keep this country sol- has operated with a deficit of more And for the life of me, I cannot imagine vent. Both scenarios are unacceptable than $4 trillion. That has never hap- why our elected leaders from both sides and preventable. pened in the life of this great country. of the aisle continue to play political There is a commonsense solution to We have accumulated $15.36 trillion of football with our spending, our debt, our Nation’s dire fiscal woes within our debt as of today, and the President just and our children’s future. This isn’t grasp. We already have a template with allowed that to grow to $16.4 trillion how we reach a solution. substantial bipartisan support, split with a new debt ceiling. These are the When I was Governor of the State of evenly between Democrats and Repub- same experts who tell us we can bal- West Virginia, I didn’t blame previous licans in both the House and the Sen- ance a budget if we simply ignore the administrations for our problems. I ate, that gives us a starting point with fundamentals of math. Does that make took the responsibility for fixing them. which to move forward. As I have said sense? And I didn’t come here to blame any- before, the Bowles-Simpson framework When this body votes on whether to one for our problems either. I came might not be perfect, but it has more extend the so-called payroll tax cut or, here to fix them. I didn’t come here to support from both sides of the aisle as it should be more accurately de- put the next generation into more than anything else I have seen since I scribed, the defunding of Social Secu- debt; I came here to get them out of it. came here. Not only that, it withstood rity’s revenue stream, I cannot in good I came here to serve my State and the test of time better than any other conscience vote to undermine Social Washington because my parents and proposal I have seen. It is a framework Security. I have taken this position be- grandparents left me a country that that cuts trillions from our debt, cause at the end of the day the people was in very sound fiscal shape and I makes our tax system more fair, and of West Virginia and this Nation must want to do the same for the next gen- raises revenue without raising tax be told the truth, which is why the eration. I came here because in West rates. The only problem is that our budget proposal the President offered Virginia, even during a recession, we country’s leaders from both parties this week is so disappointing and mad- lived within our means and had a sur- won’t move forward with the rec- dening. plus every year that I was Governor. ommendations of the Bowles-Simpson Let’s be clear. Both Republicans and The people of my State are proud of Commission. So instead of real solu- Democrats are responsible for our what our little State accomplished, tions where we choose our priorities budget problems. Everybody is respon- and I know Americans can again feel based on our values, we see political sible for where we are today. In fair- that same pride in this great Nation of proposals that will only send this coun- ness, this administration inherited a ours. I know we can put our fiscal try further into a death spiral of debt. tremendous debt, falling revenues, and house back in order. Take for example the fact that this a terrible economy. Everyone was at I had those priorities in mind when I body will soon debate extending the so- fault, and the public spoke loudly and looked at the President’s proposed called payroll tax cut for the remain- clearly. They changed things with the budget, the projected deficits, the ac- der of this year, 10 more months. Let’s 2008 election, and they said: Fix it. But cumulated debt over the next decade call that what it really is: It truly is we haven’t done it, and this budget and wondered, what in the world are we cutting funding to Social Security. doesn’t do it either. doing? This budget claims to be bal- This Congress has voted twice since I If we are going to address our fiscal anced, but only if we don’t count the have been here to tell Americans that nightmare and stop digging a deeper exploding interest we must pay on our they don’t have to pay their share as debt hole, we must have meaningful ever-increasing debt. Including inter- far as their obligation to Social Secu- tax reform that not only ensures that est, there is not a single year that this rity. I voted for the idea the first time everybody pays their fair share but budget is balanced. At the end of the around because I thought, as it was that also strengthens our economy and decade, this budget puts an additional proposed to me, it might create jobs or creates jobs—good jobs. Instead, this $6.7 trillion more on the debt. And I save jobs. But I don’t think we have budget is not balanced even once. Over would ask anybody, how does that seen much evidence that that hap- the next decade, it would actually add make sense? pened, so I decided to stop throwing an additional $6.7 trillion more debt on This is not the first time I have good money after bad and stop jeopard- top of the $16.4 trillion debt ceiling we shared my concerns about this country izing Social Security. But, as I warned have now that the President just au- going down the wrong fiscal track, and this fall, along with my dear friend thorized. That is more than $23 trillion I can already hear some folks saying: Senator MARK KIRK, whom all of our of debt by 2022. That is simply Oh, there goes JOE MANCHIN again prayers are with, now we are talking unsustainable. blaming President Obama. Well, let me about extending this policy indefi- This proposed budget relies too much tell you, I am a proud Democrat, but I nitely because once something like on phantom accounting from so-called am a proud West Virginian and Amer- this is enacted, even an act of Congress war savings from a war that should ican first, and I will stand and speak can’t reverse it. It might take an act of have been over when its purpose my mind whether our President is a God to reverse it. changed to what I call nation building. Democrat or Republican. I am trying I know going back home and saying In terms of energy investment—one to be as understanding and respectful we voted for tax cuts is popular. Every- area that business and labor both be- as possible in my critique, but what we one wants to be popular in this arena. lieve is critical to not only creating are doing doesn’t make any sense at all But this is not a tax cut, this is a So- more jobs but keeping the good jobs we to me, and I certainly cannot in good cial Security cut, plain and simple, and have—this administration continues to conscience tell the people of West Vir- you cannot make it look any different. pick winners and losers. Take the role ginia any differently. And if we don’t Knowing that we are adding 10,000 of coal, for example. As I just pointed do anything to address this fiscal mess, beneficiaries turning 65 years of age out in the Energy and Natural Re- the priorities of both Democrats and every day—and when you look at last sources Committee, the administra- Republicans will face the con- year, Social Security was the first time tion’s own Department of Energy fore- sequences. we paid out more than we took in—it casts that coal will play a major role in

VerDate Mar 15 2010 01:32 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.040 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S826 CONGRESSIONAL RECORD — SENATE February 16, 2012 the energy portfolio well into the com- The legislative clerk proceeded to Right now this vital artery is badly ing decades, up through 2035. But this call the roll. clogged. Every day 100,000 cars travel budget slashes funding for the research Mrs. SHAHEEN. Mr. President, I ask on a road designed for 60,000. This con- that would allow us to use coal more unanimous consent that the order for gestion wastes time and wastes money. efficiently and cleanly with environ- the quorum call be rescinded. Crowding so many vehicles on Inter- mental standards for which we must be The PRESIDING OFFICER (Mr. state 93 is not only an inconvenience to responsible. This doesn’t make sense, SANDERS). Without objection, it is so the thousands who use it every day, and it puts the livelihoods of an awful ordered. but it also compromises the safety of lot of West Virginians and Americans Mrs. SHAHEEN. Mr. President, we drivers traveling at regular highway in jeopardy. Those priorities defy com- voted 85 to 11 to start work on the speed in heavy traffic. mon sense, especially when millions of highway bill, which is an essential The Interstate 93 project was budg- people rely on coal for their jobs and piece of legislation to reauthorize our eted and planned based on the idea that the affordable, reliable electricity it highway and transit programs. the Federal Government would provide Eight hundred sixty-eight days have produces. a consistent level of funding. But the We are spending more where we don’t passed since our last Federal Transpor- uncertainty created by the lack of a tation bill expired. If you cannot do the need to and less where we do. We are long-term highway bill has made the math very fast, just to put a little extending programs that do not work project difficult to finance. Right now more emphasis on that, that is 2 years, and going into debt to pay for them, New Hampshire transportation officials 4 months, and 18 days since the last and then we wonder why this great Na- have $115 million worth of bonding for Federal Transportation bill expired. tion faces such a dire fiscal future. So We need new legislation to help this project that is sitting on the side- if and when the President’s budget pro- streamline Federal programs, spur job lines until the Federal Government posal comes up for a vote, I simply can- creation, and move our transportation makes good on its commitment. We not support it. As always, though, I system into the 21st century. need to move these Federal funds off will continue to work diligently with This Transportation bill before us is the sidelines and get this project going. my colleagues on both sides of the aisle about infrastructure. We call it infra- Laura Scott, who is the economic de- to push for a more commonsense fiscal structure because ‘‘infra’’ means velopment director for the town of approach based on the bipartisan ‘‘below.’’ So it is the foundation be- Windham, near the Massachusetts bor- Bowles-Simpson template so we can fi- neath everything else on which our civ- der, summed it up best: nally and responsibly address the fiscal ilized country is built. As we think The I–93 project is critical to the future problems our Nation and our families about the buildings and operating our economic vitality of Windham and all of face. I urge the President and my col- municipalities and our States and our southern New Hampshire. Our businesses leagues to do the same. want it, our citizens want it, and we need to Federal Government, our country, it is get it done. Madam President, allow me to close about making sure we have a sound in- by saying I do travel my State, like frastructure. The bill before us today can help most of my colleagues, and I am sure Our businesses, our workers, our complete this vital project and others you do in Missouri. I meet with my innovators, all of them rely on a sys- like it. We need to work on this bill in constituents, as you do also, and I can tem of quality infrastructure to suc- a bipartisan fashion just as it has come tell you what I find out from them. ceed. More funding for transportation out of the Environment and Public There are a lot of issues they are wor- in this bill means we can do critical Works Committee. There was strong ried about. There are some places roads and bridges, and we can do re- bipartisan support coming out of that where they disagree, but there is one pairs to the existing roads and bridges. committee. We need to set aside the issue that gets universal agreement It means we have more transit for partisanship now, the election year and brings everybody together when buses and railroads, and it means we comments, and come together to do they tell us, to a person, they are con- can put people back to work. More jobs what is right for our economy and our cerned that those of us in Washington for construction and manufacturing country. I hope in the end all of my are not listening to their cries to put workers, more jobs for workers means colleagues on both sides of the aisle the country ahead of our politics. They more consumer spending and a strong- will support that. urge all of us to stand and do what is er overall economy. I suggest the absence of a quorum. right for this country. The Federal Highway Administration The PRESIDING OFFICER. The We must not let selfish ambitions estimates that for every $1 we spend on clerk will call the roll. about the next election cloud what highways, that spending supports more The bill clerk proceeded to call the must be done for the Nation that I than 27,000 jobs. Economists at roll. know we all love. The challenge before Moody’s estimate that for every $1 we Mr. CORKER. Mr. President, I ask us is a simple one. Over the course of invest in infrastructure, our gross do- unanimous consent that the order for our history, this Nation has succeeded mestic product goes up by $1.59. That is the quorum call be rescinded. because our parents and grandparents because of the ripple effect those in- The PRESIDING OFFICER. Without left our country better off than what vestments have on our economy. objection, it is so ordered. they inherited from their parents and The bill before us would help create Mr. CORKER. Mr. President, I have grandparents. We cannot be the first about 1 million American jobs, many of come to the floor to talk about a topic generation to fail to leave the United them in the construction industry, I spoke a little bit about yesterday. States in better shape for the next gen- which has been one of the hardest hit I know all the focus right now is eration. I don’t want to be a part of by the recession. In New Hampshire, working on a solution to some of the that. I do not intend to stand by and the number of people who were work- things going on between the House and let a party or politics destroy the ing in the construction industry in 2010 the Senate. I know that is what people hopes of the next generation for this was the lowest it had been in a dec- are focused on today. I understand that great country, and I urge all of our ade—25 percent lower than it was in probably sometime tomorrow there congressional leaders and our Presi- 2006, 5 years ago. We need to pass this will be a vote on the highway bill, dent to put politics aside and realize bill to help put those people back to which is expected to fail, and then it is one simple fact: Whether we are Demo- work. my understanding there will be some crats or Republicans or Independents, One of the most important efforts we amendments brought forth to bring a we all belong to the same party, and have in New Hampshire right now is finance bill, an EPW bill, a commerce that party is called America, and we the long overdue and badly needed wid- bill, and a banking bill together that will rise or fall together. ening of Interstate 93, which is in the will actually be debated and, it is my I thank the Chair. southern part of New Hampshire. I–93 is sense, will ultimately pass, but that I yield the floor and suggest the ab- our State’s most important highway. It after the recess is over we will come sence of a quorum. connects New Hampshire citizens to back and deal with that. The PRESIDING OFFICER. The their jobs, businesses to global mar- I wish to speak to that topic now. I clerk will call the roll. kets, and communities to each other. know I am beginning to sound a little

VerDate Mar 15 2010 01:32 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.042 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S827 bit like a broken record on this, but we Back in 1997, we passed a bill here— nance Committee will come up with a have had so many people down here on I wasn’t here at the time—that basi- different package that actually either both sides of the aisle who have actu- cally created a mechanism for paying pays for this bill by offering funding ally worked together, for a year and a physicians who dealt with seniors, and formulas—which, by the way, is just half after the Bowles-Simpson report the formula was flawed. So what we math, it is not very difficult—or where came out, on long-term deficit reduc- have done every 18 months or every we spend the amount of money that is tion, progrowth tax reform, and enti- year is cause the medical community actually coming in. tlement reform, and there seems to be to be panicked and seniors to be pan- I will say that if we spent just the a real seriousness about that issue. I icked over whether this is going to be base moneys that are coming in, States think all those who have signed letters extended because the sustainable such as Vermont and Tennessee and in support of it were very sincere. Yet growth rate, as it was put forth, was other places have the ability, if they I think what we are finding with this going to call for huge reductions in choose, to generate gasoline taxes in highway bill, in spite of the changes payments to physicians. their own States and do things with that are likely to take place with the We are actually dealing with that road money. Candidly, the way this finance component, is that what we are right now. It is one of the issues we are program works, I think most people ending up with is a situation where we trying to work out with the House. know that citizens send up $1 and they have 2 years’ worth of spending that is What we did was to create a cliff. So get back 98 cents. So it actually could taking place and we are using 10 years’ every time we deal with this issue it be a more efficient way for this to worth of pay-fors. gets more and more difficult to deal work than sending it up to us and let- I can tell you there is no one in this with it because we will not just sit ting us get our hands on part of the body who likes infrastructure more down and do the long-term reforms on money and figuring out what we are than me or has spent more time on the that one component that need to hap- going to do with it. back of a paving machine or on a pen. We keep taking from Peter to pay I do believe this is one of the most ir- screed. Those are the kind of things I Paul. We keep wrestling with this issue responsible things we can do, especially love to see happening. I know they cre- but we will not deal with it. when there may have been some criti- ate jobs and tremendous economic What we are getting ready to do with cisms over the President’s budget. I growth over the long haul. But I know the highway bill is basically inject that haven’t heard a lot of people speak on the Presiding Officer remembers the same poisonous formula into the high- it because I don’t think it has been debate we had for a long time in this way bill. What we are getting ready to taken up as a document that we will body over health care, and I know he do is to pass a highway bill that will debate on this floor in a real way. But remembers the tremendous discussions fund highways through 2013, but at the it is difficult to criticize the Presi- that took place on the floor over the fi- end of that period of time we will have dent’s budget. I know the vote on last nancing mechanisms. I don’t think the same kind of cliff that we deal with year’s budget was 97 to 0 against it. there is any question that people on regarding the SGR. We will have a $10 But it is very difficult for people on ei- my side of the aisle railed strongly—I billion shortfall, instead of just dealing ther side of the aisle to criticize the might say as they should have—over with a funding formula. If we don’t President’s budget if, in fact, there is a the fact we had a pay-for formula think we are spending enough on infra- large bipartisan desire to pass a high- where basically we were spending structure and people want to offer that way bill that does exactly the same money over a 6-year period and paying in some way, now is the time to do it. thing. for it over 10. Otherwise, if people don’t want to go I hope the Finance Committee will Ultimately, the bill passed, but there into a deficit situation, what we ought meet again and come up with a solu- was tremendous divide in this body to do is spend the amount of money tion to this. It is not urgent. We have over mostly just the budget gimmickry that is coming in. a recess period that is coming up. Sure- that took place. Yet what I see getting But it feels to me as if we are getting ly, this Congress, this Senate, can show ready to happen, in a large bipartisan ready, in a very bipartisan way, when the ability to deal with an issue such way, is we are going to vote for a high- we get back from recess, to show the as this, which, again, is so simple, and way bill, possibly—I am not going to do country it is ridiculous to think this demonstrate to the American people, that—that spends money over a 2-year Congress will deal with the kind of re- in a bipartisan way, that we have the period and recoups it over 10. forms to Medicare to make it solvent, ability to begin looking at these pro- I am actually stunned by this. We to do the kinds of things we need to do grams that are so important to people talk about all the things we need to do with Social Security—both of which across our country in a way that in this body regarding Medicare and are more complex—because this Con- doesn’t take us down the fiscal tube. how we need to focus on reforms that gress will not even deal with this little I thank the Chair for listening. I make sure seniors in Vermont and sen- program. It is a very important pro- know it is tough when there is not iors in Tennessee have these programs gram, very important to my State and much happening down here. down the road, and we talk about Medi- I am sure to Vermont. But we will not I yield the floor, and I suggest the ab- care in the same light. I think all of us even deal with the reforms to it, in this sence of a quorum. want to make sure Social Security is time of great concern about our fiscal The PRESIDING OFFICER. The here for future generations—for these situation. clerk will call the roll. young people in front of us. All of us Again, I strongly support infrastruc- The legislative clerk proceeded to know we have to figure out a way to ture funding. But I think what we will call the roll. solve that problem. The highway bill is show the country, if we pass a bill like Mr. BEGICH. Mr. President, I ask simple. It is just math. It is unlike this, in a strong bipartisan way, is that unanimous consent that the order for Medicare, it is unlike Medicaid, and it there is very little hope Congress will the quorum call be rescinded. is unlike so many of the things we deal ever deal with the more complex issues The PRESIDING OFFICER. Without with around here that are so complex that challenge this country and which objection, it is so ordered. to get it just right. We have a highway cause many seniors in our country to ELIZABETH PERATROVICH DAY bill that is not complicated. It is just be concerned, which cause taxpayers to Mr. BEGICH. Mr. President, I rise math. There aren’t all kinds of moving be very concerned, and certainly cause today to recognize a great civil rights parts, as far as people providing health future generations to wonder whether leader in Alaska and to join all Alas- care and the incentives that are in this body is ever going to deal with the kans in celebrating Elizabeth place. But it feels to me like what we issues they know will haunt them down Peratrovich Day. are getting ready to do as a body—and the road. Almost 25 years ago, the Alaska I hope this is not the case—is to pass a I came down to speak on this. I have State legislature designated today as highway bill where we are going to do done it daily in the lunch meetings we Elizabeth Peratrovich Day to com- exactly what we have done with the have with our own side. I just hope memorate the signing of the Alaska sustainable growth rate for physicians that sometime over the recess period, Anti-Discrimination Act of 1945, and to in Medicare. prior to coming to the floor, the Fi- honor Ms. Peratrovich.

VerDate Mar 15 2010 01:32 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.046 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S828 CONGRESSIONAL RECORD — SENATE February 16, 2012 Elizabeth Peratrovich is a Tlingit civilization behind them, of our Bill of throughout his recent personal difficul- Alaska Native who fought for equal Rights. ties have been an inspiration to all, rights for all Alaskans long before her She then recounted her experiences and his fighting spirit will be missed now famous address to the Alaska leg- with discrimination—how she and her once he leaves our legislature. His ex- islature. She was grand president of husband had not been allowed to lease emplary work ethic is something to the Alaska Native Sisterhood and a house in a White neighborhood; how which we should all aspire. fought against the very public dis- she was prohibited from enrolling her He was born into a family of nine crimination taking place against the children in the same schools as every- children, the son of a sheepherder in first people of Alaska. one else, the schools for which she paid the small town of Nambe in northern In many places in southeast Alaska a school tax. She talked about the em- New Mexico. In 1957 he began working just 60 years ago, public signs read: No barrassment her children felt when as an ironworker at Los Alamos Na- Dogs, No Natives or Filipinos. Others they were not allowed to sit with their tional Laboratory. It was from these simply said: No Natives Allowed. friends in the theater. experiences that he learned the impor- There were separate drinking foun- Following Elizabeth Peratrovich’s tance of always striving to do better, tains and separate doors in public speech, the senate exploded in ap- to do more, not only for his family but buildings. As Tlingits, the Peratrovichs plause. Her plea had been effective. The for his community and for his beloved could only purchase property in Native opposition that had been so absolute State. In 1970 he began his extraor- neighborhoods, could only be seated in shrank to a mere whisper. dinary public service when he was segregated portions of the theater, and On February 8, 1945—again, I under- elected to Santa Fe’s County Commis- could only send their children to mis- line the date, thinking of our national sion. He aspired to have a wider im- sionary schools—not the public schools history—on February 8, 1945, a bill to pact, and he ran for the New Mexico for which they paid a school tax. In the end discrimination in Alaska passed House of Representatives in 1975. After face of this discrimination, Ms. the senate by a vote of 11 to 5. Eliza- nearly a quarter of a century in the house, he was elected by his colleagues Peratrovich demonstrated courage in beth Peratrovich had been instru- her convictions—a courage which as the speaker of the house in 2001. mental in making Alaska the first or- His devotion is a characteristic that changed the course of civil rights ganized government under the U.S. flag is reflected in all aspects of his life, treatment for Alaska Natives. to condemn discrimination. public and private. He and his wife Car- In 1941, Elizabeth and her husband Today in Alaska we celebrate Eliza- men have been married for 52 years. Roy wrote a joint letter to Territorial beth Peratrovich Day and affirm our His children—Shirley, Jackie, Jerome, Governor Ernest Gruening about their beliefs in equality. With each passing and BEN RAY—are a testament to the concerns. In part, they wrote: year we move closer to truly realizing values with which they were raised. In My attention has been called to a business the quote that all men are created fact, we are fortunate to have his son establishment . . . which has a sign on the equal and all are endowed with certain BEN RAY as a Member of the U.S. door which reads, ‘‘No Natives Allowed.’’ In unalienable rights. view of the present emergency when unity is House of Representatives representing Thank you for allowing me to em- the Third District of New Mexico. Tom being stressed, don’t you think that it is brace the memory of one woman who very un-American? and I have had the good fortune to We have always contended that we are en- fought for those fundamental prin- serve with BEN RAY in the New Mexico titled to every benefit that is accorded our ciples, Alaskan Elizabeth Peratrovich. delegation, and he represents our State so-called White Brothers. We pay the re- I suggest the absence of a quorum. extremely well. quired taxes, taxes in some instances that we The PRESIDING OFFICER (Mrs. All of us whose lives have been en- feel are unjust, such as the School tax. Our SHAHEEN). The clerk will call the roll. riched by Ben Luja´ n’s work in Native people pay the school tax each year The assistant legislative clerk pro- bettering our State owe him a debt of to educate the White Children, yet they try ceeded to call the roll. gratitude for his service. His illness has to exclude our children from these schools. The PRESIDING OFFICER. The Sen- Although antidiscrimination legislation had not hindered his dedication and hard been floating around the territorial legisla- ator from New Mexico. work for our State, as he continued ture for years, it had not gained any trac- Mr. BINGAMAN. Madam President, I running the house of representatives in tion. ask unanimous consent that the our State throughout the current ses- Again, I want you to put your mind quorum call be rescinded. sion of our legislature, which is ex- in this time. This was the 1940s. Many The PRESIDING OFFICER. Without pected to end today. legislators believed Alaskan Natives objection, it is so ordered. I am joined with all New Mexicans were second-class citizens. Despite the TRIBUTE TO BEN LUJA´ N and Senator UDALL in extending my fact they paid taxes and bore arms in Mr. BINGAMAN. Madam President, I gratitude to the speaker for his ex- defense of this Nation, they were not come to the floor, along with my col- traordinary work for the people of New endowed with the same rights as oth- league Senator UDALL, to honor Ben Mexico. We are, indeed, fortunate to ers. Luja´ n, who is the longtime speaker of have had a man of his character serv- In 1945, however, hope emerged. Anti- the New Mexico House of Representa- ing our State in such an exemplary discrimination legislation had passed tives. After tirelessly representing Dis- way and in such an important position the Alaska statehouse but was stalled trict 46 in our State legislature for 37 for so many years. I thank the Chair. in the State senate. One senator made years—the last 12 years of that 37 years as speaker of the house—Ben is retir- I yield the floor. a speech stating that Natives had only The PRESIDING OFFICER. The Sen- ing. He is doing so to pursue his fight recently emerged from savagery and ator from New Mexico. were not fit for society. He argued that against lung cancer. I am certain he Mr. UDALL of New Mexico. Madam they had not had the experience of 5,000 will bring the same strength and tenac- President, I also rise today to join New years of civilization. ity and courage to that battle that he Mexico’s senior Senator, who has With great courage and composure has brought to every other endeavor he served New Mexico so well. It is a real and poise, Elizabeth Peratrovich con- has taken on throughout his life. honor to join Senator BINGAMAN in fronted the senator who had just belit- Throughout his long career, he has paying tribute to one of our great New tled her and her people. Not only was fought fiercely to ensure that the needs Mexico citizens, Speaker Ben Luja´ n. she a Native addressing the mostly of his fellow New Mexicans were being Ben, as Senator BINGAMAN said, is re- White Alaskan audience, she was also addressed. He has worked hard to im- tiring this month. He is an esteemed the first woman ever to address the prove the quality of New Mexico’s colleague of ours, and he is also our Alaska State senate. In a quiet, steady, school system. He has fought for the friend—a good friend at that. Indeed, but bold voice, Elizabeth Peratrovich rights of our workers, and he has Ben Lujan´ is a friend to all New Mexi- opened her testimony with the fol- worked hard at strengthening our cans. Ben recently said: lowing words: economy. Let us make our time on Earth . . . worth- I would not have expected that I, who am I know I speak for all of his col- while, and do what is right, and make a dif- barely out of savagery, would have to remind leagues in our State legislature when I ference for the children, our working fami- the gentlemen with 5,000 years of recorded say that his service and strength lies, and our elderly.

VerDate Mar 15 2010 01:32 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.048 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S829 He has lived up to that challenge I was present at the opening of the paign Medal with Bronze Service Star, throughout his career, fighting for edu- New Mexico State Legislature last the Global War on Terrorism Service cation, for workers, for middle-class month when Ben informed us of his ill- Medal, the Korean Defense Service families, for Native Americans, for ness—an illness that left him weakened Medal, the Army Service Ribbon, the health care, and for jobs. In a world but not defeated. Like everyone in that Overseas Service Ribbon, the NATO that grows ever more cynical, Ben room, I was deeply saddened at the Medal, the Combat Infantryman Badge, Luja´ n has always been the real deal. news of Ben’s illness, but that sorrow is the Weapons Qualification Badge, and Ben was born in 1935 in the small tempered by admiration—admiration the Overseas Service Bar. community of Nambe, NM, one of nine for Ben, for Carmen, for the entire Sergeant Ray knew the risks of children. His family, like so many, Luja´ n family and for the incredible Army service and faced them squarely struggled through the Great Depres- strength they have shown. He would without flinching. In fact, a reporter sion. He used to relate tales of his fa- not allow a terrible illness to distract imbedded with Sergeant Ray’s unit has ther as a sheepherder herding sheep from his duties as speaker of the house. written of how his patrol’s assignment from the Valley Grande to the Chama He remains steadfast in his services to on the day he was killed was to find in New Mexico. Ben still lives on the the people of New Mexico. Even while and deactivate explosives hidden by the property that has been in his family for undergoing chemotherapy, he contin- enemy in culverts under the main road three generations. ued to work as speaker. Even a dev- heading west from Kandahar con- Ben is that rare combination—hum- astating illness could not deter Ben necting to major cities such as Kabul. ble but tenacious in what he believes. Luja´ n from the job he had committed ‘‘People ask me if I regret letting He has never forgotten from where he to do, and his family supported him Adam join,’’ says his mother, Donna came, and he has always been a cham- every step of the way. That is honor, Ray. pion for the less fortunate among us. that is integrity, and that is courage. Well, I don’t. Adam died doing what he Even in his youth, Ben showed a re- None of us will ever forget Ben’s loved more than anything else in the world. markable talent for teamwork, for brave words the day last month when No, Adam did not go into this wanting to die playing by the rules, for just plain hard he said, ‘‘While this has taken a toll on for his country, but he was more than willing work, and for determination. me physically, it has not broken my to do it. I am so very honored to be his moth- He loves basketball. In high school he spirit, my will, my faith and my com- er and to tell everyone about him. was the captain of his high school var- mitment to New Mexico.’’ Adam Ray was born March 9, 1986, to sity basketball squad, and the gym- So to Ben, I want to say thank you. Jim and Donna Ray. When Adam was nasium where the Pojoaque Elks play Thank you for your service, thank you in the third grade, he went on a school today is named in his honor. Ben Luja´ n for your sacrifice, and thank you for field trip to a military museum. From has been leading teams ever since. your friendship. that moment on, he wanted to be a sol- He attended the College of Santa Fe As we celebrate this great son of New dier. but had to disenroll for lack of money. Mexico, I will close with these lines ‘‘He would play army with his little For the next couple of years, he sought from the poet, Lord Alfred Tennyson: toy solders in the bath tub,’’ remem- work wherever he could find it in Cali- Though much is taken, much abides, and bers Donna. fornia and in New Mexico, wherever he though we are not now that strength which He lined them up around the edge of the had to go to get a job. He understands in the old days moved earth and heaven, that tub and prepared for the attack of his dino- hard times. He knows what it is like to which we are, we are—one equal temper of saurs. At night, when I tucked him in his try to make ends meet. And in all of heroic hearts, made weak by time and fate, bed, I would have to pry the toy soldiers out his years of public service, a sense of but strong in will to strive, to seek, to find, of his clenched fist. justice and fair play has always been at and not to yield. Adam’s father Jim attended West his core. That, my friends, is Ben Luja´ n—to Point, and Adam wanted to follow in Ben worked as an iron man in Los Al- serve, to strive, and not to yield. his footsteps and also go there. How- amos. He joined the International As- It is a real honor to be on the floor ever, after the terrorist attacks of 9/11, sociation of Bridge, Structural, Orna- with Senator BINGAMAN to talk about Adam felt an urgency to serve his mental, and Reinforcing Iron Workers. our good friend Ben Luja´ n. country that could not wait, so he en- In 1959 Ben married his high school I yield the floor. tered military service in April of 2005 sweetheart, the love of his life, Car- Mr. BINGAMAN. I suggest the ab- and graduated basic combat training at men, his devoted partner for over half sence of a quorum. Fort Benning, GA. a century. They began a family that The assistant bill clerk proceeded to Adam then attended advanced indi- would grow to include four children: call the roll. vidual training at Fort Sam Houston, Shirley, Jackie, Jerome, and Congress- Mr. MCCONNELL. Madam President, TX, where he was trained as a patient man BEN RAY LUJA´ N. As Jeff said, we I ask unanimous consent that the order administrative specialist. His first de- are fortunate to have BEN RAY serving for the quorum call be rescinded. ployment was to Camp Casey, Korea. in our delegation, and we have worked The PRESIDING OFFICER. Without After 1 year in Korea, Adam reenlisted with him on many occasions on a daily objection, it is so ordered. and was transferred to an infantry basis. Ben began his extraordinary ca- HONORING OUR ARMED FORCES unit. By the time he was deployed to reer in public service when he was SERGEANT ADAM J. RAY Afghanistan, he was assigned to C elected to the Santa Fe County Com- Mr. MCCONNELL. Madam President, Company, 4th Battalion, 23rd Infantry mission in 1970. Four years later he was I have the sad and solemn task today Regiment, 2nd Infantry Division based elected to the New Mexico House of to speak of one brave and honorable out of Joint Base Lewis-McChord, WA. Representatives. After a quarter of a Kentuckian who was lost in the per- In early 2009, Adam was deployed to century of service in that body, he was formance of his duties while wearing Afghanistan. He visited his family elected speaker of the New Mexico his country’s uniform. SGT Adam J. while on leave in September of that House of Representatives. Ray of Louisville, KY, was killed on year and returned to Afghanistan in He has always called attention to the February 9, 2010, in Afghanistan when October. By Christmas, his family was needs of others and not to himself. Ben an improvised explosive device set by hearing less from him because he was is an inspiration not just to those who the enemy detonated near his patrol. preparing for a dangerous mission. aspire to a life of public service but He was 23 years old. ‘‘The Friday before he was killed, he also to a life of personal integrity. His For his heroic service, Sergeant Ray called about 2 a.m. our time—he al- word is his bond to his family and to received many medals, awards, and ways forgot about the time difference,’’ the people of New Mexico. His prin- decorations, including the Bronze Star Donna remembers. ‘‘He told me that ciples have illuminated his life and Medal, the Purple Heart, the Army his unit was moving and that I may not brightened the lives of all who know Commendation Medal, the Army hear from him for a while, and not to him. I count myself among that num- Achievement Medal, the Army Good worry.’’ ber. I am proud to call Ben Luja´ n my Conduct Medal, the National Defense A few days later came the fateful friend. Service Medal, the Afghanistan Cam- Tuesday that was February 9. Adam’s

VerDate Mar 15 2010 01:32 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.051 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S830 CONGRESSIONAL RECORD — SENATE February 16, 2012 unit was conducting ‘‘culvert denial’’ have got right now, it makes some Well, it seems on this economic pol- in an area where an Afghanistan sol- sense to maintain some form of payroll icy we are talking about today, of de- dier had recently been killed by a bomb tax holiday for a limited period of ferring payment for this payroll tax hidden in a culvert underneath a road. time. policy, that Wimpy once again has won At approximately 9:30 a.m., the ex- I know the Presiding Officer feels out. plosion went off, and as one contem- that one of the most important issues Let me cite the third reason I will be porary news report puts it, ‘‘Adam our country confronts right now—I voting against the conference report Ray, the third of five children, beloved would say the most important issue tomorrow. As I acknowledged at the son of a minister and a devoted moth- and the one that overhangs everything beginning of my comments, I believe er, a soccer player and a flirt, who tu- else we debate here—is our inability to extension of the payroll tax holiday tored dyslexic kids and was known to come to grips with our debt and deficit. makes sense in this recovery, but it ask less popular girls to dance at I know, as we try to nurture this just needs to be paid for. So I could school events, died.’’ growing recovery, one of the ways we have very easily supported a number of We are thinking of Sergeant Ray’s take on that debt and deficit is by hav- the proposals put forward by my col- loved ones today as I recount his story ing a growing economy. leagues on the Democratic side, includ- for my colleagues here in the Senate. But I also believe it is terribly impor- ing a 1-percent increase of the taxes on We are thinking of his parents Jim and tant that we show progress on this those of us who make more than $1 Donna Ray; his grandparents John and issue. Our national debt now exceeds million a year—a defined benefit for Doris Ray and Bobby and Marilyn $15 trillion. Every day that we fail to the defined pay-for. Sumner; his brothers Zachary and Seth act, we add $4 billion to that total. If we couldn’t breach the gap on that, Ray; his sisters Betsy and Amanda None of this becomes self-correcting. It I could have looked at means-testing Ray; his nephew Christopher Mitchem; will not correct itself until and unless the payroll tax holiday. and many other beloved family mem- we act. If we are trying to make sure these I, for one, believe there is no action bers and friends. dollars get into the economy as quick- this body could take that would be I know my colleagues join me in ex- ly as possible over this coming year, more stimulative to our economy, that tending the sincere and profound grati- then clearly a payroll tax holiday for would be a better jobs program, that tude of the Senate to the family of folks who make less than $150,000 a would do more to restore the trust of SGT Adam J. Ray. We have set aside year or $250,000 a year or $500,000 a year the business community and the public this moment to recognize his service, or $1 million or less a year—it didn’t than to show bipartisan collaboration service proudly and freely given, for make sense to say that regardless of and cooperation on a long-term debt the country he so loved. And we pay one’s income. This payroll tax holi- and deficit deal. So let me share with tribute to his supreme sacrifice. day—going to folks like me, who are my colleagues the five reasons I will be I suggest the absence of a quorum. doing pretty well—is not going to have voting against the conference report The PRESIDING OFFICER. The a stimulative effect, I just don’t think tomorrow. clerk will call the roll. First and foremost, the payroll tax economic theory bears that out. So if The bill clerk proceeded to call the cut that has been proposed isn’t being we had paid for this or put some re- roll. paid for. It will add $100 billion to the straints on it, I would have been happy Mr. WARNER. Mr. President, I ask debt. to support this conference report. unanimous consent that the order for Second, I think the compromise that The fourth reason I can’t support the the quorum call be rescinded. has been put together turns some of conference report is because I am con- The PRESIDING OFFICER (Mr. our traditional policies on their head. cerned this payroll tax holiday—which MANCHIN). Without objection, it is so By taking this action of saying tax goes into the Social Security trust ordered. cuts somehow don’t have to be paid for, fund, is supposed to end at the end of Mr. WARNER. Mr. President, I ask we are advancing a policy I believe will this year. But we have no metrics unanimous consent to speak for up to come back to haunt us later this year placed on it. It scares me greatly that 10 minutes as in morning business. when the Bush tax cuts expire. we will approach the end of the year The PRESIDING OFFICER. Without As a matter of fact, while I have only and there will be some other reason it objection, it is so ordered. been a Member of this body for 3 years, needs to be extended again. PAYROLL TAX CONFERENCE REPORT I know it has been a tradition that in I believe we should have put in place Mr. WARNER. Mr. President, let me moments of economic crisis, the Con- a requirement that this payroll tax rise today to speak about the con- gress will sometimes extend unemploy- holiday would start to ratchet back if ference report that it appears we will ment benefits, particularly for those we continued to see growth in the be voting on tomorrow regarding the States that have been hardest hit. In economy—perhaps ratcheted back one- issues of the payroll tax, unemploy- those moments of crisis, the unemploy- third if we had seen GDP growth for ment benefits, and the so-called doc ment benefits sometimes go unpaid for. the next 3 months or employment fix. Let me first of all acknowledge Well, in the compromise in this con- growth for the next 3 months, that I know that many of my col- ference report, we turn that policy on ratcheted back another one-third, leagues have worked long hours on the its head in that there was a require- ratcheted back another one-third—so payroll tax deal that was apparently ment to pay for the extension of unem- we wouldn’t have the cliff effect that is reached late last night. ployment benefits but no requirement being proposed at the end of the year, I have been briefed on pieces of this to pay for the $100 billion of additional again, a cliff effect that will come at deal and I’ve also seen many of the debt taken on by the payroll tax cut. the same time as the end of the Bush press reports that have described this I know in this body, as we have had tax cuts, the imposition of the so- deal as a new sign of bipartisanship. As debates about debt and deficits and ec- called $1.2 trillion sequester cuts, and a new Member of the Senate, I know, onomics, we have discussed the eco- the proverbial train wreck that is al- like the Presiding Officer, we believe nomic theories of a whole host of ready being talked about. that we do our best work here in Con- thinkers and economists—John May- So while I believe this payroll tax gress when we can have bipartisan so- nard Keynes, Frederick Von Hayek, holiday is important, the price, the lutions, when we can find ways to Milton Friedman, Paul Krugman. I fact we are not paying for it, the fact reach common ground. somehow feel as though this conference we have put no restrictions or param- All of those factors make it doubly report we will be voting on tomorrow eters around it and the fact that difficult for me to now rise and say I may reflect the thinking of a more ob- there’s no guarantee it will actually will be voting against the conference scure individual, but someone I recall expire because we have no metrics of report when it comes before this body as a child growing up, and that was how much economic progress we need tomorrow. Wimpy, who was a cartoon character— to have before it expires are reasons I Now, let me acknowledge on the Popeye’s hungry pal. Wimpy used to al- will be voting no. front end that I think there are worthy ways say, ‘‘I will gladly pay you Tues- Let me raise one other concern I reasons in this recovering economy we day for a hamburger today.’’ have about the conference report. This

VerDate Mar 15 2010 03:07 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.054 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S831 is one more example of particularly that is actually at a level that is high- For people here or elsewhere who our colleagues in the House saying the er than it was before we went into the think these jobs aren’t real in the wind first place they go for any pay-for for recession. industry, I brought some pictures. I any project seems to be our Federal Our productivity is higher today brought some pictures of a manufac- workers—the same Federal workers, than it has been at any time in the his- turing plant made in America—made in close to 2 million strong, who keep our tory of the United States of America. America—in this case, in Brighton, streets safe, make sure we get those It has become fashionable to talk CO—a manufacturing plant, the towers Social Security checks, try to take out about what has happened or not hap- from which wind turbines are going to terrorists, drug dealers, you name it. pened since the founding of our coun- be hung, driving electricity and jobs in They are the same Federal workers try. Since the founding of our country, the United States. So we are not talk- who have had their pay frozen for the our economy has never been more pro- ing about some fly-by-night, experi- last 2 years and who have had to en- ductive than it is today, and there are mental industry. This credit has trig- dure the prospects of two or three po- several reasons for that. Competition gered enormous economic growth in tential shutdowns over the last year from abroad that has become a daily Colorado and across the country. and a half. To say we are going to come occurrence—something we have to Congressman STEVE KING, a Repub- back to the well time after time on fight hard every day to stay ahead of— lican from Iowa, wrote today in an op- this group I don’t think is fair or right. has driven productivity. That is a good ed that he published that ‘‘the produc- As someone who has looked at the result. Technology has driven produc- tion tax credit has driven as much as Federal pay and benefits, when we get tivity. That is a good result. And the $20 billion in private investing.’’ This to that issue of a comprehensive tax re- recession itself drove productivity isn’t some Bolshevik trick, some So- straight up. As our business men and form, entitlement reform, big deficit cialist trick; it is $20 billion in private women of this country did what they deal, all these items will need to be re- investment in real American manufac- had to do to get through this incred- viewed. But the notion the first place turing jobs. ibly tough economic time to keep their to come back to for any pay-for is our Wind power accounts for more than businesses alive, to keep their doors Federal employees, to me, doesn’t seem one-third of all new U.S. electric gen- open, to keep a promise to the next fair nor does it seem right. So for these eration in recent years. In Colorado generation of Americans, productivity five reasons, I will reluctantly be vot- alone, I can tell you it has created 6,000 went ever skyward. That is a good re- ing against the conference report to- jobs in my State. It has moved our sult. That is progress. And we are only morrow. I believe it was, again, in the State toward a more diversified and going to become more productive over cleaner energy portfolio, so that Colo- context of the debt and deficit particu- time as we face competitive threats rado today is a leader among the 50 larly, Will Rogers who said: When you from around the world. find yourself in a hole and you want to But we can see what else has hap- States in diversifying our portfolio. Let’s be clear. We have oil and we get out, stop digging. Well, in some pened over this period of time. Median small way, by voting no tomorrow, I family income has fallen over the last have coal and we have natural gas. We hope I will send a signal that I—and I decade for the first time in our coun- have abundant wind and abundant sun hope others will join me—will stop try’s history. The middle class is earn- and entrepreneurial horsepower all digging. ing less today in real dollars than in across the Front Range. What we don’t With that, Mr. President, I yield the the early 1990s. And, as the President have is Washington’s cooperation. floor, and I suggest the absence of a knows, we are producing this economic What we don’t have is the decency of quorum. output with 23 or 24 million people who people coming together and doing bet- The PRESIDING OFFICER. Will the today are unemployed or under- ter than just keeping the flickering Senator withhold his request for a employed in this economy. There are lights on in this place. quorum? no jobs for these Americans in this It is because they can’t get any cer- Mr. WARNER. I will. economy even though our output is as tainty out of Washington that devel- The PRESIDING OFFICER. The Sen- high as it was before we went into this opers and manufacturers are starting ator from Wyoming is recognized. recession. layoffs already in anticipation of the Mr. ENZI. I thank the Chair. There are a lot of people smarter credit expiring at the end of this year. (The remarks of Mr. ENZI pertaining than I am who could figure out the an- This is the result of nothing other than to the introduction of S.J. Res. 36 are swers to this, but there are at least two our political dysfunction in Wash- located in today’s RECORD under big ones we have to keep in mind. The ington. ‘‘Statements on Introduced Bills and first one is education because the worst Vestas, which has a huge manufac- Joint Resolutions.’’) the unemployment rate ever got for turing footprint in Colorado—from Mr. BENNET. Mr. President, I ask people with a college degree during Windsor all the way south to Pueblo— unanimous consent that the order for this recession was 4.5 percent. That is is poised to lay off 1,600 workers if we the quorum call be rescinded. the worst it got for people who had a fail to act. Iberdrola Renewables, also The PRESIDING OFFICER. Without college degree, who could compete in doing business in Colorado, has already objection, it is so ordered. the 21st century, even in the worst re- laid off 50 employees for no reason Mr. BENNET. Mr. President, I am cession since the Great Depression. other than our inability to get our here on the floor today to talk a little As I have said on the floor of this work done. Nationally, 37,000 jobs are bit about our economy and something Chamber that has 100 seats, 100 desks, at risk, not to mention the ones we that I think is very important that has if we were poor children living in the could have created after 2012 but won’t been left unaddressed in this payroll United States of America today, only 9 if we let this credit expire. tax compromise that I think is a real of these 100 seats would represent col- I brought a couple of other pictures tragedy for our country and for my lege graduates because 91 of 100 poor just to make sure people know this is State, the State of Colorado, and, most children in the United States in the distributed all over the United States. importantly, for people who are suf- 21st century cannot get access to a col- This is Pennsylvania and Texas. fering through this incredibly difficult lege degree. So that is job No. 1, to I know I sound like a broken record economy. keep a promise to the next generation when I say this because I have said it It is not well understood by people— of Americans. over and over on this floor, but we I think maybe even in this Chamber— I think job No. 2 needs to be driving should not be confused that the rest of that our country’s gross domestic prod- innovation and job growth in this econ- the world is somehow waiting for us to uct—the economic output of our coun- omy, which is what has brought me to get our act together, that they are try—is actually higher today than it the floor today because we are failing somehow waiting for us to cure our was before we went into this recession. in this package, among other things, to politics and do something that will ac- We saw it rising all the way in the 1990s extend the wind production tax credit tually solve those curves that I men- and 2000s, and then we had the worst which cuts right to the core of whether tioned earlier and put Americans back recession since the Great Depression. and how we want to compete in the 21st to work manufacturing in jobs that are Now we are seeing economic output century in this global economy. actually driving middle-class family

VerDate Mar 15 2010 03:07 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.056 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S832 CONGRESSIONAL RECORD — SENATE February 16, 2012 income up, rather than down, which is CONGRESS OF THE UNITED STATES, CONGRESS OF THE UNITED STATES, what we are doing today. Washington, DC, February 7, 2012. Washington, DC, February 8, 2012. Hon. MAX BAUCUS, Hon. HARRY REID, Our largest single export from the Chairman, Senate Finance Committee, Dirksen Majority Leader, U.S. Senate, Washington, DC. United States of America is aircraft. Building, Washington, DC. Hon. MITCH MCCONNELL, We export $30 billion a year. China’s Hon. DAVE CAMP, Minority Leader, U.S. Senate, Washington, DC. export of solar panels last year was $15 Chairman, House Ways and Means Committee, Hon. Speaker JOHN BOEHNER, billion—half our largest single export. Longworth House Office Building, Wash- Majority Leader, House of Representatives, They didn’t export one solar panel 10 ington, DC. Washington, DC. Hon. NANCY PELOSI, years ago, and we invented the tech- DEAR CHAIRMAN BAUCUS AND CHAIRMAN Minority Leader, House of Representatives, CAMP: The undersigned Members of the Colo- nology here in the United States. In Washington, DC. rado delegation urgently request inclusion of fact, some of us believe we invented Hon. DAVID CAMP, that technology in the State of Colo- a provision to extend the wind energy pro- Chairman, Conference Committee on H.R. 3630, rado. I am sure the Chinese would love duction tax credit (PTC) as your conference House of Representatives, Washington, DC. to have this business as well. And my negotiates the payroll tax reduction pack- Hon. MAX BAUCUS, concern is not that this is a temporary age. In passing this extension, we would urge Co-Chairman, Conference Committee on H.R. interruption in our wind industry but the conference committee to include a pay 3630, U.S. Senate, Washington, DC. that this will become a permanent for as well. DEAR LEADER REID, LEADER MCCONNELL, SPEAKER BOEHNER, REPRESENTATIVE PELOSI, shutdown of our ability to drive eco- The PTC has been very effective in facili- REPRESENTATIVE CAMP, SENATOR BAUCUS, nomic growth across the United States. tating new market penetration of wind en- AND MEMBERS OF THE CONFERENCE COM- This is a perfect example of an indus- ergy and moving us toward a more diversi- MITTEE ON H.R. 3630: The undersigned Mem- try that can move this employment fied and cleaner energy portfolio. A delay in bers of the Iowa delegation respectfully urge level back up, an industry that we this extension would do enormous damage to you to include a short term Production Tax don’t have today, one that is in its in- that progress. Since its inception, the wind Credit (PTC) extension for wind energy as fancy but 50 years from now or 20 years PTC has driven economic growth across the part of any payroll tax cut extension you are currently negotiating. from now may be driving significant nation, including substantial growth in Colo- Our state and the whole nation have bene- employment growth across the United rado. Our state is a wind energy leader, cur- fited tremendously from the economic devel- States of America. This is an industry rently generating the third highest percent- opment, new manufacturing jobs, and in- that, by the way, would drive this age of power from wind of any state in the creased domestic energy supply that wind curve up as well. nation. Colorado is home to several major energy has provided. And the PIC has been a wind energy developers and wind turbine major factor behind this success. Iowa is now I met a young man in Logan County manufacturing facilities, employing upwards receiving 20% of our electricity from wind at not long ago. He was working—he was of 6,000 workers statewide. We’re also home stable and dependable rates. There are over giving me a tour on the top of a wind 215 wind related businesses operating in 55 to the National Renewable Energy Labora- turbine. I was standing on the very top counties across our state, employing over tory (NREL), a critical government lab and 5000 people. While Iowa has been a leader, we of the box. It was about 10,000 feet in the world’s premier renewable energy re- the air—or it felt that way to me. I was are seeing these results multiplying across search facility. the country. wearing the shoes I am wearing right Unless the wind PTC is renewed in the first However, with the PTC for wind due to ex- now on the floor of the Senate, which pire at the end of 2012, the expansion, jobs quarter of this year, new wind energy devel- is not what you should wear when you and manufacturing of the industry is put in opment projects and the thousands of jobs are on the top of a wind turbine, serious jeopardy—not just in Iowa, but swaying in the wind. He told me he associated with those projects are predicted across the country. We must provide some would be unable to live in his home to drop off precipitously after 2012. This dire certainty to allow this industry to keep situation will be especially pronounced in community and raise his family in his growing. If the PTC is not extended imme- Colorado, where we manufacture many of the home community if it had not been for diately, our communities back home stand components for wind turbines. Wind-related to lose thousands of jobs, manufacturing, in- that job, a job he could not even have manufacturing workers will be the first to frastructure and private investment. The imagined there being 5 years ago. And lose their jobs as developers stop ordering manufacturing workers, in particular, are there it is today. turbines for installation after the PTC ends. the first to lose their jobs as developers have already stopped ordering turbines for instal- These are high-quality, high-paying Companies with a footprint in Colorado have lation after 2012 because of uncertainty jobs in the United States of America. It already started layoffs and several thousand about the continuation of the credit. would seem to me the Congress ought Colorado jobs could be lost if the PTC isn’t Clearly, no energy incentive should be in to figure out a way to support these in- extended in the near future. place forever, but now is not the time to pull dustries. I actually do not believe any While the PTC is vital to the near-term fu- the rug out from under the wind energy in- of these kinds of credits should be per- ture of wind energy production in Colorado dustry, as it is putting in place the domestic manufacturing, the private investment and manent. I want to be clear about that. and across the nation, the credit should not the technological advancements that will I think we would be doing ourselves exist in perpetuity, particularly as the wind allow it to prosper without the PTC in the and the country a service if we de- industry matures. Following a prompt exten- signed them in a way that phased them near future. We appreciate your consider- sion, we believe that Congress should engage ation of our request to include language in out over time, because at a certain in a broader conversation about an incre- the upcoming payroll tax cut legislation to point every business has to sink or mental phase-down of the credit over the immediately extend the wind energy PTC. swim based on its merits. We are ‘‘this long-term. Sincerely, SENATOR TOM HARKIN. close’’ to being there with wind produc- In a difficult economy, with thousands of SENATOR CHARLES tion and we are ‘‘this close’’ to turning high-quality jobs at stake across our state it over to the rest of the world. GRASSLEY. and the entire country, we urge the Con- REPRESENTATIVE BRUCE This is not a partisan issue. This is ference Committee to extend the wind PTC BRALEY. not a partisan issue. Last week Repub- as part of your upcoming package. REPRESENTATIVE TOM licans and Democrats from the Colo- Sincerely, LATHAM. rado delegation came together in the MICHAEL F. BENNET. REPRESENTATIVE DAVE House and the Senate to urge a quick MARK UDALL. LOEBSACK. extension as part of the payroll deal. I DIANA DEGETTE. REPRESENTATIVE LEONARD BOSWELL. know my colleagues Senators HARKIN ED PERLMUTTER. JARED POLIS. REPRESENTATIVE STEVE and GRASSLEY did the same with the CORY GARDNER. KING. delegation from Iowa. SCOTT R. TIPTON. Mr. BENNET. As I recall, Senator I ask unanimous consent to have MIKE COFFMAN. GRASSLEY actually was the one who those letters printed in the RECORD. wrote this to begin with. We have also There being no objection, the mate- recently filed an amendment, a bipar- rial was ordered to be printed in the tisan, fully paid for, 1-year extension of RECORD, as follows: the credit to the surface transportation

VerDate Mar 15 2010 01:46 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.058 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S833 bill. I thank Senator MORAN, a Repub- the drawdown of military engagement arated powers our Founders put in lican from Kansas, for joining me to in Iraq and Afghanistan, can be appro- place to prevent tyranny and the mis- lead on that amendment. priately reallocated against accrued use of authority. There is plenty of support out there SGR debt that will not be collected. It is worth repeating that the con- for us to get this done. More important This would not constitute new spend- troversy surrounding the President’s than that, if we do not act, there are ing, but rather amount to a down pay- non-recess appointments has nothing thousands of people who are going to ment on an SGR fix. I urge conferees to to do with the personal character of have to go home to their families and give strong consideration to utilizing Mr. Cordray or of those named to the say they were laid off from their job for OCO funding to offset SGR’s retrospec- National Labor Relations Board. Nor is no reason other than the political dys- tive debt. It’s time that Congress use the debate over appointments when the function here in Washington, DC. honest budgeting and provide Penn- Senate is in recess. What the President I think enough is enough. I cannot sylvania’s 2.2 million Medicare bene- has done transcends party issues and tell you how much I look forward to a ficiaries and 155,776 employees of med- ideological divides. time when we have a thoughtful, bipar- ical practices, with some certainty. A day after the appointments were tisan, fact-based tax reform in this I yield the floor. made, former attorney general Edwin country; when we are thinking about The PRESIDING OFFICER. The Sen- Meese III and former Office of Legal our Tax Code and our regulatory code ator from Mississippi is recognized. Counsel lawyer Todd Gaziano wrote in and asking ourselves: Are we driving Mr. WICKER. Mr. President, are we the Washington Post that President job growth here in the United States in morning business or do I have to ask Obama’s move is ‘‘a constitutional with these policies? Are we driving up consent to speak as in morning busi- abuse of a high order.’’ It challenges middle-class family income with these ness? 225 years of executive practice. policies? Are we addressing the income The PRESIDING OFFICER. The Sen- The Constitution is very clear in its inequality gap by having an economy ate is on the bill. delegation of powers. It explicitly Mr. WICKER. I ask unanimous con- that truly does lift all ships and, as the grants the Senate the exclusive respon- sent to speak as in morning business. President would make the point, are The PRESIDING OFFICER. Without sibility to give ‘‘advice and consent’’ we dealing with the fiscal challenges objection, it is so ordered. on treaties and nominations. It endows this country faces so we do not strap the President with the right to fill va- RECESS APPOINTMENTS our kids with this mountain of debt? cancies when the Senate is not in ses- Mr. WICKER. Mr. President, I came I know there are people on both sides to the floor previously to speak about sion—a provision conceived by the of the aisle who are anxious to work on President Obama’s unconstitutional Framers as a way to keep the govern- this, but we have failed that test in appointments of Richard Cordray as ment operational when the ability of this compromise measure. It is my Director of the Consumer Financial Senators to communicate with the ex- hope that at some point in the near fu- Protection Bureau and of three new ecutive branch and travel back to the ture we can get a vote on this amend- members to the National Labor Rela- Capitol took much longer than today. ment, Senator MORAN’s amendment, tions Board. I spoke about why this Of course, it is disappointing that and we can put Americans back to blatant overstep of executive authority President Obama has dismissed the will work in these industries before we lose violates the President’s right to make of the Senate, which rejected Mr. them forever. recess appointments under article II, Cordray’s nomination in December. Mr. TOOMEY. Mr. President, I rise section 2 of the Constitution. I de- But never before has a President as- today to speak about an important re- scribed its unequivocal reversal of sumed the authority to issue recess ap- imbursement issue that impacts the years of precedent which the Obama pointments when the Senate is not in lives of millions of Medicare bene- Justice Department’s Office of Legal recess. In doing so, the President is ficiaries and providers. The sustainable Council has since defended, essentially violating the Constitution plain and growth rate, SGR, originally imple- stating that pro forma sessions no simple, and invalidating the legitimacy mented in 1997 through the Balanced longer matter. of his appointees. It stands to reason Budget Act, was intended to constrain This issue is far from over. We can- that any decisions of the CFPB or overall Medicare spending growth in not allow it simply to go away and the NLRB will be subject to the same physician services. However, since 2002, illegal appointments must eventually shroud of unconstitutionality and legal actual expenditures for physician serv- be set aside. contest. ices have exceeded allowed targets, The 23-page Justice Department The Constitution and nearly a cen- yielding negative updates in prospec- opinion, written by Assistant Attorney tury of legal opinion provide a solid tive years. As a result, Congress inter- General Virginia A. Seitz, wrongly ad- basis for determining the parameters of vened 13 times to preempt a physician vises that, despite the convening of pro what qualifies as a legislative ‘‘recess,’’ payment cut. In doing so, they failed to forma sessions, the President ‘‘has dis- which is required for the President to address the underlying issue and sus- cretion to conclude that the Senate is invoke his appointment privileges. tained a flawed reimbursement mecha- unavailable to perform its advise-and- Under Article section 5, clause 4 of nism. With each year that passes, the consent function and to exercise his the Constitution, the House of Rep- cost of ‘fixing’ the SGR grows, amount- power to make recess appointments.’’ resentatives must grant its consent in ing to an albatross of several hundred Under this misguided opinion, the order for the Senate to adjourn longer billion dollars. Consequently, on March Obama administration is suggesting than 3 days. The Senate must do the 1, 2012, Medicare physicians will face a that the executive branch—not Con- same for the House. 27.4 percent cut to their reimburse- gress—can determine when the legisla- It is an undisputed fact that the ment. Our budget baseline perpetuates tive branch is in session. The egregious House of Representatives did not give an illusory premise that these cuts will overreach undermines the checks and this chamber that consent and, in occur. However, it’s widely acknowl- balances at the very heart of our Con- keeping with the Constitution, this edged that if implemented, these cuts stitution. Senate did not adjourn for more than 3 would have a debilitative effect on I am deeply concerned that this pre- days. medical practices and Medicare bene- sumptuous action by the President The President’s claim that a brief ad- ficiaries. poses profound and dangerous implica- journment can be called a ‘‘recess’’ As Congress looks to yet again pre- tions. As others have suggested, Presi- goes against 90 years of legal opinion. empt a physician payment cut, I be- dent Obama’s abuse of his recess ap- In 1921, President Harding’s Attorney lieve it is imperative that we identify a pointment power could lead to unilat- General Harry M. Daugherty had this viable pathway to replacing the SGR. eral ‘‘recess’’ appointments anytime, to say about what defines a recess: We can begin by utilizing Overseas such as during lunch or in the middle ‘‘[N]o one, I venture to say, would for a Contingency Operations, OCO, funding of the night. This is not that far moment contend that the Senate is not to pay for the $195 billion in accrued fetched. in session when an adjournment [of two SGR retrospective debt. OCO funds, As I said before, it is my hope that days] is taken. Nor do I think an ad- deemed to be budgetary savings from both parties will rise to defend the sep- journment for 5 or even 10 days can be

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It will not be denied, that power is of an conference report that has been filed in by the Constitution.’’ encroaching nature, and that it ought to be regard to the extension of the payroll Since then, Attorneys General and effectually restrained from passing the lim- tax holiday, the Medicare physician Presidents of both parties have agreed its assigned to it. issues so our seniors can continue to that at least 10 days should pass before As elected public servants, we are have access to their doctors, and the a recess is acknowledged. bound by our oath of office to uphold extension of the unemployment insur- And yet, as we are aware, there were and preserve the principles of the Con- ance. not 10 days of adjournment when Presi- stitution. I was appointed to that conference, dent Obama made his four appoint- To do that, we must guard the sanc- and the conference has been meeting ments. We were holding pro forma ses- tity of the decisions made and privi- now for the better part of the last 6 to sions—proceeding just as the Senate leges held by this chamber. Our govern- 8 weeks. We were able to reach an did in 2007, when Majority Leader REID ment’s separation of powers is not an agreement that was filed. I first wish wanted to block President Bush from antiquated idea but a timeless safe- to compliment Senator BAUCUS, the making recess appointments—and suc- guard to liberty. Senate chair of the conference com- ceeded in doing so. As Edwin Meese and In 1985, Sen. Byrd, the Democratic mittee. There was a real effort made Todd Gaziano acknowledged in their Majority Leader from West Virginia, that this conference would operate the op-ed, ‘‘Reid was right, whether or not wrote in a letter to President Reagan: way a conference should operate; that his tactics were justified.’’ Recess appointments should be limited to is, the House and Senate Members Michael McConnell, a former Federal circumstances when the Senate, by reason of meeting, discussing the differences be- judge and director of the Constitu- a protracted recess, is incapable of con- tween the two bodies and trying to rec- firming a vitally needed public officer. Any tional Law Center at Stanford Law other interpretation of the Recess Appoint- oncile their differences in a somewhat School, came to the same conclusion. ments clause could be seen as a deliberate ef- open process. We had several open dis- Last month, he wrote in the Wall fort to circumvent the Constitutional re- cussions where we talked about some Street Journal: sponsibility of the Senate to advise and con- of the issues. Several years ago—under the leadership of sent to such appointments. Each Member of the conference had a Harry Reid and with the vote of then-Sen. Where are the Robert Byrds today? chance to express themselves on the Obama—the Senate adopted a practice of Those who served before us provided issues, and we had a good exchange. I holding pro forma sessions every three days precedent and wisdom to address our think during that exchange we were during its holidays with the expressed pur- problems today. They defended the able to reach some consensus. Almost pose of preventing President George W. Bush immediately we reached a consensus from making recess appointments during constitutional duties we are now en- intrasession adjournments. This administra- trusted to protect. Is there not one that all of us wanted to make sure the tion must think the rules made to hamstring Democratic Senator who will step for- payroll tax holiday was extended. The President Bush do not apply to President ward to defend the constitutional prin- payroll tax holiday provides tax relief Obama. But an essential bedrock of any ciple of separation of powers? for 160 million Americans. This is not functioning democratic republic is that the The President has made no secret of the time for paychecks to actually go same rules apply regardless of who holds of- his contempt for Congress in recent down for American workers. We are fice. months. His campaign rhetoric is trying to build a confidence in the It is appalling that the Obama ad- heavy with ‘‘do-nothing’’ accusations. workplace, in the marketplace. The ministration would call into question The President is certainly free to en- more money in the paychecks allows the entire legitimacy of pro forma ses- gage in election-year hyperbole. But he people the opportunity to be better sions when, less than two weeks before is not free to overstep the constitu- consumers, helping to create jobs. the appointments, the President signed tional limits of his office. I can think There was general consensus that we into law the payroll tax extension that of a number of other priorities demand- needed to extend the unemployment in- the Senate had passed in such a ses- ing our undivided attention right surance, that we are still in the recov- sion. now—fixing the economy and putting ery where unemployment rates are so What makes the business conducted Americans back to work are top among high that it is important we use this during the pro forma session on Dec. 23 them. Yet in order to address these countercyclical program to help people any different from the pro forma ses- challenges, we need a working relation- but to also build our economy. It helps sions that came just days after? Based ship between the legislative and execu- create jobs, again having more money on this case, it appears the validity of tive branches. The President’s power available for the consumers to help our a Senate session is subject to the Presi- grab undermines the very constitu- small businesses and to help our econ- dent’s whim. He signs legislation tional foundation of this relationship. omy. passed in one pro forma session. He I urge Members from both sides of Lastly, we all understood we could concludes that another pro forma ses- the aisle to call for President Obama to not allow a 27-percent cut in Medicare sion did not exist at all. rescind these appointments. Regardless rates for physicians, that that would In the same op-ed to the Washington of our party allegiances, we are united deny many of our seniors access to Post, Edwin Meese and Todd Gaziano by a pledge to serve the American peo- health care. So very early in the con- concluded: ple. That is what motivated Robert ference process we reached consensus If Congress does not resist, the injury is Byrd earlier, and it is what ought to that those three issues should be ex- not just to its branch but ultimately to the motivate us today. Keeping that prom- tended, at least through the end of this people. [And that is what is important.] ise means standing for the sanctity of calendar year. For the payroll tax holi- James Madison made clear that the separa- our country’s founding document and day, that was our understanding, to ex- tion of powers was not to protect govern- the integrity of this institution. tend it through the end of the year. ment officials’ power for their sake but as a We know the Medicare issues need to vital check on behalf of individual liberty. I thank the Chair. I yield the floor and note the absence be extended for a longer period of time. Indeed, the forefathers of this coun- of a quorum. We worked together. I thought it was try were candid about the crucial link The PRESIDING OFFICER (Mr. very important that we allow the full between the separation of powers and BLUMENTHAL). The clerk will call the Senate, the full House to consider that freedom itself. roll. conference report. We have had too As Madison wrote in essay No. 48 of The assistant legislative clerk pro- much gridlock. We have had too much The Federalist: ceeded to call the roll. of individual Members trying to block It is agreed on all sides, that the powers Mr. CARDIN. Mr. President, I ask the consideration of important legisla- properly belonging to one of the departments unanimous consent that the order for tion, particularly in the Senate. So I ought not to be directly and completely ad- think it is very important that we were ministered by either of the other depart- the quorum call be rescinded. ments. It is equally evident, that none of The PRESIDING OFFICER. Without able to bring this issue to the full Sen- them ought to possess, directly or indirectly, objection, it is so ordered. ate, and we are going to have, I hope, a an overruling influence over the others, in Mr. CARDIN. Mr. President, I wish to good debate, and sometime tomorrow the administration of their respective pow- take the time now to talk about the we are going to have a chance to vote

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It is calculated to cost about $30 strictly a punitive hit at the Federal a very strong position against adding billion. Historically, we have extended workforce. these extraneous positions that came unemployment insurance benefits dur- Public servants have already given over from the House, the so-called ing tough economic times without hav- $60 billion toward deficit reduction in Boiler MACT, which was a provision ing offsets. the form of a 2-year pay freeze and will that would have affected the health of Why? Because unemployment insur- give at least another $30 billion if the people in our community. There is no ance is countercyclical. It is there to base pay adjustment for 2013 is .5 per- question that if we would have accept- help people during tough times. During cent instead of the 1.2 percent, which is ed the House position, it would have good times we pay money into the sys- what the adjustment should be under weakened our Clean Air Act, it would tem. We are trying to put more money the Federal Employees Pay Com- have led to more premature deaths, into the economy. It does not make parability Act. Add it all together, and more hospital admissions, more lost sense to take money out of the econ- present and future Federal workers are days from work. The cost-benefit ratio omy when we are trying to create jobs providing over $100 billion in deficit re- of this rule is well documented, that it and get our economy back on track. duction. That is $100 billion in deficit will help our economy, help save the Unfortunately, that principle was reduction coming out of our Federal health and workdays for American violated in this conference report. The workforce. Yet the Republicans con- tinue to defend the most affluent workers. $30 billion is offset. Let me compare We also removed a provision from the that to the payroll tax holiday, which Americans who won’t pay one extra House bill that dealt with the Keystone is $100 billion, which many of us think penny for funding this payroll tax issue. This has to go through a regular should be offset, which is not offset. As package. I don’t think that is right, I regulatory process. It should have no you know, we came in with rec- don’t think that is fair, and I don’t place in this conference. We were able ommendations where we could fairly think we should have done it in that manner. to remove that provision. offset the extension of the payroll tax Now, I want to say some positive On the unemployment insurance holiday without adversely affecting our things. You can always look at things front, let me mention that we were economy. We had suggested we would and say it could have been a lot worse. able to reserve the extension of unem- have a surtax on income, exempting $1 And that is true, it could have been a ployment insurance benefits. Under the million of taxable income from the sur- lot worse. When you look at the House current law, there is a maximum avail- tax—a little bit of fairness in our Tax bill that included these provisions, it able of 99 weeks. Let me remind my Code—in order to make sure we do not included a pay freeze for our Federal colleagues that because of the way the add to the deficit, do not hurt the econ- workers. That is not in this. We got extended benefit program is calculated, omy but allow middle-income tax- that out. that at least in my State by April, payers to continue to get their tax re- I worked very hard with my col- those 20 weeks are likely to be not lief. league, Congressman CHRIS VAN HOL- available for new people who become To me, that would have been the re- LEN from Maryland. We worked to- unemployed, and throughout the rest sponsible thing for us to do. But we do gether. In the original package, all of our Nation, we are finding that ex- not do that in this conference. Instead, Federal workers would have had to pay tended benefit program will not be pro- we did not pay for the $100 billion for more, including current Federal work- viding those extra weeks. extending the payroll tax, but we paid ers. This package does not affect cur- So the conference committee rec- for the unemployment insurance bene- rent Federal workers. They will not ommendation is to try to use better fits, $30 billion, which I would suggest have to pay extra for their pension triggers as it relates to the different is an emergency. That truly is a mat- plans. That is fair. When they signed tiers of benefits in the extended benefit ter that historically we have not paid up as a Federal employee, they knew program, so the high unemployment for. what the ground rules were and they States have a greater number of weeks All right. Here is the problem. In knew what the pension contributions than those States that are doing better order to pay for that $30 billion, we would have to be and what the benefits and to transition us to a more regular picked on our Federal workforce. I tell were. It is right that we live up to that unemployment system as we go you, I find that wrong. We put a provi- commitment. So this agreement will through the year. sion in this bill that will require new not affect current workers. Their pen- In regard to the Medicare provisions Federal employees, those who start sion contributions will remain the in this bill, we were able not only to work after January of 2013, to pay more same. extend the sustainable growth rate, the for their defined retirement benefit. The bill that came over to us from SGR system, so we do not get the auto- That is how we funded about half the the House also reduced pension bene- matic cuts that would occur against cost of extending the unemployment fits. We took that out of the bill. That physicians, we were able to extend that insurance. I think that is wrong. is not in the bill. And the rate they through the end of the year. But we Let me also say that the extension of would have had new hires pay is higher also extended the therapy caps. If we the unemployment benefits is tem- than what we agreed to in this pack- did not do that, those who are the vic- porary—only until the end of this year. age. tims of stroke or who have had a hip The extra costs for the retirement ben- Congressman VAN HOLLEN and I replacement would have run into an ar- efits are permanent. It stays in the worked very hard to try to accommo- bitrary cap which would provide them law. That doesn’t seem like a good deal date the parameters of the conference the therapy they need for their recov- for what we are trying to do. and what was being required of our ery. We were able to get that done. We also are saying that one group of Federal workforce in a way that it On the payroll tax, as I said earlier, workers, and only one group, makes a would not penalize our existing work- there was an agreement we would ex- contribution toward this. These are ers and would not be anywhere near as tend that. The payroll tax is all about middle-income workers who will be punitive as the provisions that were helping 160 million Americans. It is paying for this, a large part of the un- put in the House bill. So we are at least about creating jobs. employment insurance cost. I don’t grateful that the conference includes That is where we were able to come think that is right. I don’t think we that, but I can’t help but be dis- to an agreement that I think was in should have done that. appointed that the unemployment in- the best interest of the conference. Let Let me also point out, as we talk surance is being financed at least in me talk about some serious problems I about the Federal workforce, that the half by a permanent change in the con- have with the conference report. It additional cost the new workers will tribution rates to defined benefit plans

VerDate Mar 15 2010 01:46 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.063 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S836 CONGRESSIONAL RECORD — SENATE February 16, 2012 by those who join the Federal work- viding services to our people. Whether fashion that would be acceptable to the force after January 1, 2013. They are it is guarding our borders, whether it is American people. the only ones who are affected by that finding the answers to the most dread I think we all understand that with proposal. diseases, whether it is helping us de- this kind of an economy and with sky- Let me conclude by saying that we velop the technology that will make rocketing gasoline prices, it is not very all should be pleased that the con- America competitive, or providing pub- likely that folks will be marching out- ference worked, that we took a dif- lic safety as a correctional officer or side our Senate offices anytime soon ficult issue in which there are strong helping us make sure we get our Social carrying signs saying: Senator, please fundamental differences between the Security checks or get our disability raise the gas tax; that is what I hope House and the Senate and we were able checks, these are the people on the you will spend your time doing. So we to come to an agreement to at least be front lines. We are asking them to do have this challenge given the fact that presented to the Members of the House more with less, and they deserve not the traditional system of funding and Senate for an up-or-down vote just the respect of this body but they transportation—user fees—of course, in where each of us can make our own deserve our support. a tough economy, is going to be hard to judgment as to whether we think this Mr. President, I suggest the absence suggest as a route to generate addi- is the right package for the American of a quorum. tional funds. people. I might have a different view The PRESIDING OFFICER. The So for quite some time I have been than the Presiding Officer, and we will clerk will call the roll. devoted to the cause of trying to find a way to secure the possibility of getting both be able to express our views by The assistant legislative clerk pro- additional funds through transpor- our votes tomorrow. ceeded to call the roll. I hope that process will be used to Mr. INHOFE. Mr. President, I ask tation bonds. They, of course, have get more work done for the American unanimous consent that the order for been used at a variety of levels of gov- ernment, particularly State and local, people. They want us to work together. the quorum call be rescinded. They want Democrats and Republicans The PRESIDING OFFICER. Without over the years. About 8 years ago, I put forward the to say: OK, we know we differ on objection, it is so ordered. first proposal for looking at paying for issues. Now let’s get together and get Mr. INHOFE. I ask unanimous con- transportation projects with our sent that I be recognized as in morning things done. former colleague, Senator Jim Talent, We have the Transportation bill that business. a Republican from Missouri, and we is on the floor and that we are talking The PRESIDING OFFICER. Without called them Build America Bonds. Sen- about today. That Transportation bill objection, it is so ordered. ator Talent and I thought at that time should end up on the President’s desk. (The remarks of Mr. INHOFE per- that this was an opportunity to come That Transportation bill came out of taining to the introduction of S.J. Res. up with a fresh and attractive way to our committees with bipartisan votes. 37 are located in today’s RECORD under pay for transportation projects. We So now let’s not clutter that bill with ‘‘Statements on Introduced Bills and sought to work with the private sector issues that will divide us. Let’s work in Joint Resolutions.’’) to find some way to use Federal tax the spirit the conference committee Mr. INHOFE. I yield the floor and credit bonding for these projects, and did—a committee on which I was privi- suggest the absence of a quorum. over the years Senator Talent and I leged to serve—and try to keep it rel- The PRESIDING OFFICER (Mr. were able to attract a number of Sen- evant to the issues at hand so that at FRANKEN). The clerk will call the roll. ators on both sides of the aisle for this the end of the day we can not only pass The bill clerk proceeded to call the cause. To give an idea of just how bi- the Transportation bill in the Senate, roll. partisan this effort has been over the The PRESIDING OFFICER. The Sen- but we can get it passed in the House of years, Senator THUNE, Senator VITTER, Representatives—or work out our dif- ator from Oregon. our former colleague Senator Dole, Mr. WYDEN. Mr. President, I ask ferences—and get it to the President Senator COLLINS, Senator WICKER, and for his signature. That bill will create unanimous consent that the order for our former colleague Senator Coleman jobs. the quorum call be rescinded. are just a few on the Republican side By the way, I think the American The PRESIDING OFFICER. Without who were part of the effort. And on the objection, it is so ordered. people will applaud us for moving for- Democratic side, Senator KLOBUCHAR, ward with the people’s business. That Mr. WYDEN. Mr. President, I ask our former colleague Senator Dayton, unanimous consent to speak as in is what we need to do. If we could get Senator CARDIN, and Senator ROCKE- morning business and would also ask that bill done, maybe—just maybe—we FELLER have been just a few of those can get other issues done. unanimous consent that following my who have supported the bonding ef- I have talked to my Republican col- remarks, my colleague in this effort to forts. leagues, and they all agree we can’t fund transportation projects, Senator In 2009 the Congress decided to test a allow sequestration to take place. That HOEVEN, follow me. version of Build America Bonds. In ef- is these automatic cuts, if we can’t do The PRESIDING OFFICER. Without fect, as a member of the Senate Fi- another $1.2 trillion of deficit reduction objection, it is so ordered. nance Committee, I had brought it up over the 10 years. We should be able to Mr. WYDEN. Mr. President, we all so many times with Chairman BAUCUS get that done. We shouldn’t have to understand that our country faces an and Senator GRASSLEY, who was then wait until after the November elec- array of major economic challenges, the ranking member, I think the two of tions. Let’s take a lesson from the con- and I made the judgment quite some them said: Well, let’s give this a try as ference committee on which I served. time ago that it was simply impossible part of the Recovery Act. In effect, it Let’s sit down and work out our dif- to have big league economic wealth would essentially go from the middle of ferences and not just say ‘‘it has to be with little league transportation sys- 2009 until the end of 2010. my way or it is not going to get done.’’ tems. All across the country—I know Late in the evening, as Chairman That is what is in the best interests of the distinguished Presiding Officer has BAUCUS and Senator GRASSLEY were the Senate, and that is in the best in- seen this in Minnesota, where he has working to put together the details on terests of our Nation. been doing good work on infrastructure the Recovery Act, I was asked what I I hope we will have a robust debate and bridges—we have seen this in every thought might be the results of the on the conference report. I hope each corner. Build America Bonds program, and I Member will have an opportunity to re- When the Senator from North Da- said: Well, it is not going to last all view it, and at the end of the day we kota came to the Senate, I had the that long. It is going to take the Inter- will have a chance to see how the votes good fortune to begin to have discus- nal Revenue Service a period of time to turn out. Again, I am sorry I have cer- sions with him with respect to some put together the rules. And I said: I am tain reservations about it, and I needed new ways to address the question of just making this up, but why don’t we to express them, but, quite frankly, I how to generate funds for the critical just estimate that it might generate $6 think we need to stand for our Federal transportation work that needs to be billion to $10 billion worth of transpor- workforce out there every day pro- done and to generate those funds in a tation and infrastructure investments.

VerDate Mar 15 2010 02:22 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.071 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S837 Everybody said: It is an experimental We would pay for the bonds with a issue. As a former Governor, I think he program, sounds promising, go ahead. sinking fund comprised of State understands particularly well the role Let’s give it a try. matching contributions and Customs of the States in terms of infrastruc- Well, between April 2009 and the end user fees. In the proposal that was ac- ture. of the program at the end of 2010, there cepted by the Finance Committee, we We will be talking to colleagues be- was more than $181 billion worth of would cap the total amount of bonds tween now and the time the Transpor- Build America Bonds issued. It was issued at $50 billion, giving each State tation bill comes up, and I thank my just a little bit more than 18 times 2 percent of the total. In effect, what friend from North Dakota for his sup- what was predicted. the Finance Committee has done is put port. You don’t often have this kind of a placeholder in their bill for us to go With that, I yield the floor. challenge, but, in effect, one of the forward with this effort. The PRESIDING OFFICER. The Sen- issues we had to deal with was Build Each State would get at least $1 bil- ator from North Dakota. America Bonds became so popular that lion in bonds to issue on projects at Mr. HOEVEN. Mr. President, I thank there was an effort to use them for a their discretion. States can also band my esteemed colleague from the great variety of other kinds of projects, together to bond for larger projects or State of Oregon, Senator WYDEN, for many of them very laudable but they ones that would have the benefit of ad- his leadership on this important issue, were not projects that focused specifi- dressing a concern of States in a re- cally on transportation, and, of course, for his work on the highway bill, and gion. This would give the States the in- specifically for his work on the TRIP that was the original intent of Build centive and the ability to invest in America Bonds. Also, there was no cap bonds, as he said, the Transportation their own transportation and does so in and Regional Infrastructure Project on them. Nobody realized they would a way that leverages private invest- be so popular. bonds. It is a creative concept, and I ment and costs little to our govern- think it is very timely. So there was a concern that this was ment in lost revenue. more than colleagues on both sides of Senator WYDEN approached me and We would give private investors who said: As we are working on this high- the aisle had bargained for. show a willingness to help build our We do want to note that the Treasury way bill, can we work together on this roads, bridges, and rail systems a tax Department issued their final report on concept of something like a TRIP bond credit for their commitment. What Build America Bonds earlier this year, concept? I expressed my appreciation Build America Bonds taught us is that and they said that Build America for his creativity and the offer to work there is a real market out there, and Bonds issuers saved well over $20 bil- together and said, one, I absolutely what we would like to do is look at a lion in borrowing costs on a present wanted to do it because it is so impor- different approach now, focusing on the value basis as compared to tax-exempt tant to our country right now—we need States, focusing on an approach that bonds. the jobs, we need the economic activ- So clearly there was something to would drive these projects, not in ity, we need the infrastructure, that is work with in terms of trying to take Washington, DC but at the local level. clear—and, as the good Senator said, The Joint Committee on Taxation the next step, and when the Senator we have to be creative in figuring out has told us this is an approach that from North Dakota arrived here, I said: how to do this. would produce a particularly good deal It would be great to have an oppor- I said: We are going to have to do it for American taxpayers. tunity to work with a partner and look within the framework of making sure specifically at trying to rebuild the We can get a transportation bill done. We can put folks back to work. it is paid for and making sure it does concept of focusing specifically on not add to the deficit or the debt. He transportation in a way that would But we are going to have to find a way to come up with more creative ap- said: Agreed. And we went to work on generate a substantial amount of new it. revenue and would be acceptable to proaches to generate additional rev- enue. If we do not, I think we are going So this truly is bipartisan, and I colleagues across the political spec- thank him for taking the initiative and trum and those who follow these to continue to see, in every corner of the country, critically needed projects for all the work both and he his staff issues. have put into what I think is a very As the Senator from North Dakota simply go unaddressed. We are going to continue to see traffic jams in areas of creative idea and a real opportunity for knows, we have now come up with a us, as I say, in infrastructure and in job new approach called Transportation the country nobody could have even dreamt a traffic jam would be. creation and economic activity for our and Regional Infrastructure Project country. Bonds. Chairman BAUCUS and Senator I hope Senators, as we go forward I also extend my thanks to two Mem- HATCH have been good enough to in- with this debate, particularly after the bers of the House of Representatives as clude them in the finance title of this President’s Day break, will join my well, both ED WHITFIELD, Congressman year’s Transportation Funding Pro- colleagues. Senator BEGICH has been from Kentucky, Republican, and Con- gram, and we wanted to take a few very supportive of this approach as gressman LEONARD BOSWELL, Democrat minutes to talk a little bit about how well. We think this is an approach with from the State of Iowa. this would work. a proven track record given what we Given the fact that we have been able saw with Build America Bonds. We be- So in both the Senate and the House to attract a number of folks on the pro- lieve this is a chance to take the les- this has been a bipartisan effort. That gressive side of the political spec- sons we learned from that experience is important because at the end of the trum—folks in labor, for example— and, by changing the focus so it zeros day, if we are going to get this passed, Doug Holtz-Eakin has issued a very in more directly, one, on transpor- that is what it is going to take, bipar- helpful paper that I hope will also tation, two, on the States, and looks to tisan support. So this is about address- bring conservatives to this cause. We some creative features—it is possible, ing something that is vitally impor- have shared that paper with Senators for example, for someone to strip the tant: our infrastructure needs, job cre- on both sides of the aisle. credit from the underlying bond and to ation. It is something we pay for, so it The way the TRIP bonds would work sell the credit—so this provides a lot does not increase the deficit or the is, first, they are tax credit bonds cre- more flexibility in terms of finding a debt, and it is absolutely bipartisan. ated specifically for transportation way to get the private sector into the Again, as my esteemed colleague just projects. We would allow infrastructure transportation area. mentioned, I bring a perspective as a banks that already exist in nearly I hope my colleagues, when we come Governor. We are talking about $25 bil- every State to issue these bonds. This back, will be supportive of this effort. lion in addition to the normal highway time we are looking to really focus on It has won, as I have indicated, support funding. So this is for projects in infra- the States. The States are the primary from across the political spectrum. structure that State departments of vehicle for ensuring that these projects I want to thank my partner from the transportation and Governors—people would have local support and would State of North Dakota. I have very at the State level, at the local level— really meet the long-term needs the much enjoyed working with him both decide what infrastructure projects States have identified. on the Energy Committee and on this need to be done, and they can then use

VerDate Mar 15 2010 02:22 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.074 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S838 CONGRESSIONAL RECORD — SENATE February 16, 2012 these funds accordingly. That is of tre- ramifications that has for our economy Mr. REID. I suggest the absence of a mendous value to them. Without excep- right now. It is incredibly important. quorum. tion, go across the States, ask any of It makes a huge difference, and then The PRESIDING OFFICER. The the Governors or directors of transpor- we have the lasting infrastructure, we clerk will call the roll. tation, and they will tell you: That is are meeting the lasting infrastructure The legislative clerk proceeded to exactly the kind of funding we want needs of this country. call the roll. and need to do the very best job for the Before I yield the floor, just a final Mr. REID. Mr. President, I ask unan- people we serve in our respective comment and that is to ask our col- imous consent that the order for the States. leagues to join us in this effort. If they quorum call be rescinded. Mr. President, $25 billion—$10 billion have good ideas, we are absolutely open The PRESIDING OFFICER. Without the first year, $15 billion in year 2—will to those ideas. But this is a concept objection, it is so ordered. make an incredible difference for every whose time has come. We need to make ORDER OF PROCEDURE single State in the country. sure, as we work forward on this high- Mr. REID. Mr. President, I ask unan- Now, the other thing to keep in mind way bill, we include the TRIP bonds as imous consent that at a time to be de- termined by the majority leader, after is—Senator WYDEN went through for part of that package. just a minute how we have structured With that, I yield the floor back to consultation with the Republican lead- the bonds—essentially, it results in a 4- my esteemed colleague. er, the Senate proceed to the cloture to-1 leveraging of funds for every The PRESIDING OFFICER. The Sen- vote with respect to the Reid amend- State. They put their dollars into the ator from Oregon. ment No. 1633; that if cloture is in- sinking fund. They select the projects. Mr. WYDEN. Mr. President, I ask voked on the Reid amendment, the sec- ond-degree amendment be withdrawn, Then, on a project-by-project basis, unanimous consent to proceed for just the Reid amendment be agreed to and they put forward dollars in the sinking 2 additional minutes. I see our friend from Iowa is in the Chamber. the bill, as amended, be considered fund, and we provide them a 4-to-1 The PRESIDING OFFICER. Without original text for the purposes of further match. objection, it is so ordered. amendment; that if cloture is not in- So, for example, $1⁄2 billion goes to a Mr. WYDEN. Mr. President, I thank voked, the motion to recommit and the State. As they select projects, that $1⁄2 my colleague from North Dakota for Reid amendment No. 1633 be with- billion funds those projects. They put his statement. This is bipartisan. It is drawn; that immediately following the up $100 million as they select and ad- a bicameral effort. My colleague’s cloture vote and the actions listed vance those projects. For their $100 point at the end, in terms of our being above, depending on the result of the million, they are doing $500 million in open to additional ideas and sugges- cloture vote, the Senate then proceed projects. tions, is particularly appropriate. to executive session and the cloture Again, this is exactly what the What the challenge is going to be on motion on the Furman nomination be States are looking for. This is exactly this transportation issue for years to vitiated; that there be 2 minutes equal- what they need to meet their infra- come is to try to find a way to gen- ly divided between the chair and rank- structure needs. Anyone driving erate the additional money for the ing members of the Judiciary Com- around the country—whether it is in work that needs to be done in a fashion mittee prior to a vote on the confirma- the District or anywhere else—is going that is acceptable to the American peo- tion of the Furman nomination; that if to tell you: Look, we have to address ple. If it was so easy, everybody would the nomination is confirmed, the mo- our infrastructure needs. And this is be just ripping through one idea after tion to reconsider be considered made absolutely something that will make a another. and laid upon the table, with no inter- big difference in doing that. The two of us have spent many vening action or debate; that no fur- Again, in addition to being truly a bi- months trying to take the lessons we ther motions be in order; that any re- partisan effort, and a bicameral effort, have learned from the Build America lated statements be printed in the at this point we have received tremen- bonds effort to try to come up with a RECORD; that the President be imme- dous support and encouragement from fresh approach, a fresh bipartisan ap- diately notified of the Senate’s action; across the country and from truly a di- proach, that would be acceptable to that following the vote on confirma- verse range of groups—from labor, from colleagues on both sides of the aisle. tion of the Furman nomination, the business, from mayors, from county We think we have done it. We do not Senate then resume legislative session commissioners. It truly has not only think this is the only way. We are cer- and the majority leader be recognized. bipartisan support but incredibly tainly open to ideas and suggestions. The PRESIDING OFFICER. Without strong support across the country. But the model of trying to focus on the objection, it is so ordered. Just some of the various groups that States, to build on the support we have The Senator from Iowa is recognized. have come out and already endorsed from folks in business and labor PAYROLL TAX CONFERENCE REPORT the project include the American Asso- unions, and a whole host of groups at Mr. HARKIN. Mr. President, I come ciation of Road and Transportation the local level—mayors and county to the floor to state my vehement op- Builders, the American Association of commissioners—strikes us as the way position to the agreement to extend State Highway and Transportation Of- to go. the payroll tax cut and to slash the ficials, the U.S. Chamber of Commerce, We are open to additional ideas and Public Health and Prevention Fund to the American Highway Users Alliance, suggestions. Our staffs will be working help pay for the continuation of unem- the Associated General Contractors of all through this week, the period of the ployment benefits. America, the International Union of President’s Day recess, to refine our Let me preface my remarks by Operating Engineers, the Labors’ Inter- proposal, to deal with the various stressing that the No. 1 priority in national Union of North America, the issues related to scoring. But this is a Washington today must be creating National Association of Manufacturers, genuinely new approach to generating jobs, growing the economy, and restor- and the American Society of Civil En- revenue. It is bipartisan; it is bi- ing the middle class. In recent months, gineers. cameral, with the support of folks in we have seen modestly good news on Again, mayors, commissioners—this labor and business. We hope colleagues the jobs front, including the manufac- truly has broad, strong support at the will be supportive, and we are inter- turing sector, and we must do every- grassroots level. That is reflective of ested in their ideas and suggestions thing possible to keep our economy the fact that it is exactly the kind of over this period between now and when moving in the right direction. project we need to advance. we start voting on the Transportation To this end, nothing is more effective So as we work on this highway bill, I bill. than continuing unemployment insur- see this as a tremendous opportunity— So, again, I thank my friend from ance benefits for those hardest hit by really an opportunity, and not just in North Dakota. It has been great to the great recession. Details on the un- terms of the infrastructure we so badly work with him. employment insurance portion of this need but to put people to work in good I yield the floor. agreement are not available. But what jobs, in good-paying jobs. Think of the The PRESIDING OFFICER. The ma- I am hearing sounds less and less like ramifications that has, the secondary jority leader. a good or fair deal for workers.

VerDate Mar 15 2010 02:22 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.075 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S839 Federal unemployment benefits will supported that, wholeheartedly sup- I never thought I would live to see be dramatically scaled back over the ported that. the day when a Democratic President year, especially in Iowa, my own State, However, in late 2010, Congress voted and a Democratic Vice President would and some other States in the Midwest. to replace that tax credit with a 2-per- agree to put Social Security in this I do not understand that. It seems to cent reduction in payroll taxes which kind of jeopardy. Never did I ever me, if you are unemployed, you are un- are dedicated to the Social Security imagine a Democratic President begin- employed. If you are out of work and trust fund. This was done on a tem- ning the unraveling of Social Security. your family needs help, I do not care porary basis to provide added income I warn my colleagues to consider the whether you live in Iowa or Minnesota for working families, and it was not long-term ramifications of these ac- or New York or New Jersey or any- offset. It was not paid for. So for the tions. where else. first time—for the first time—general While we need to maintain tem- The payroll tax provisions are also revenues were transferred to the Social porary supports for middle-class fami- seriously flawed. This Congress will be Security trust fund to replace lost rev- lies in these tough economic times, making a grave mistake—a grave mis- enue. this assistance should not come at the take—and reinforcing a dangerous While this ensured that no financial expense of American’s retirement secu- precedent by extending the payroll tax harm was done to the trust fund itself, rity. As traditional pensions have fall- cuts and adding another negative, what it did is it created a dangerous en by the wayside, as the value of peo- without paying for it. I am dismayed precedent by calling into question So- ples’ retirements in 401(k)s has plum- that Democrats, including a Demo- cial Security’s dedicated funding. I meted, Social Security remains the one cratic President and a Democratic Vice voted against that bill. So in late 2010, essential program preventing millions President, have proposed this and are we transferred general revenues to re- of seniors from plunging into poverty willing to sign off on a deal that could place lost revenue. in their retirement years, a program begin the unraveling of Social Secu- In December of 2011, just a couple started by a Democratic President and rity. months ago, we were persuaded to sup- a Democratic Congress, further en- Two of the critical strengths of So- port the 2-month extension of the pay- hanced by future Democratic Presi- cial Security are that it is universal roll tax cut. Some may look at the dents, others, Truman, Kennedy, Lyn- and it is self-funded. Not one dollar in record and say: HARKIN, you voted for don Johnson, of course, the Great Soci- benefits ever came from any source that. I did with misgivings. But a crit- ety. other than the payroll tax on future ical factor was that it was at least This, I believe, has been the hallmark Social Security beneficiaries. More- fully paid for and would not negatively and the underpinning of the party I have been proud to belong to. Now this over, the program has never contrib- impact the Social Security trust fund. party—this party—the Democratic uted even one dime to the deficit or the However, we are being offered an Party, with a Democratic President, is national debt. How often have we, agreement that extends the payroll tax now beginning the unraveling of Social those who support Social Security in cut through the end of this calendar Security. That is what is happening, its entirety—how many times have we year. Bad enough, doubly negative, it the unraveling of Social Security. come to this floor and argued against does not pay for it. This is terrible pub- Never again can any one of us come to those who would invade Social Secu- lic policy, with grave consequences for the floor and say: No. No, we cannot rity and say, well, we have to reduce Social Security. With this new agree- cut Social Security to reduce the def- the deficit, so we will cut Social Secu- ment, we will be taking $100 billion from the general fund, which is in def- icit because it does not add to the def- rity. What do we say, with all honesty, icit. icit, by the way. So we are going to add with all the evidence backing us up? With this agreement, Social Security $100 billion to the deficit, to substitute Social Security has never contributed will add to the deficit by $100 billion. one dime to the deficit. for the $100 billion in revenues lost due Think about it. I urge my colleagues to So cutting Social Security will never to the payroll tax cut. As I said and I look at excellent alternative ways of reduce the deficit. With this bill, we repeat, we will be adding $100 billion to providing temporary support to our can no longer say that. We can no the deficit and the debt. middle class. One proven approach This compounds the mistake Con- longer say Social Security does not would be to enlarge the Making Work gress made in late 2010 by passing the contribute to the deficit. This argu- Pay tax credit I talked about that was ment, this fact, that Social Security original payroll tax cut without paying in the Recovery Act. Again, this tax has never contributed a dime to the for it. No longer—no longer—can we credit, as I said, put an additional $800 deficit has given Social Security a say Social Security is a program that in both 2009 and 2010. It could be en- unique, even an almost sacrosanct, sta- pays for itself without adding to the larged to provide the similar level of tus in our society. deficit. Mixing general revenues into benefits to median-income working It was one of the strongest argu- the system will make it easier for families as compared to the payroll tax ments, I repeat, for those of us defend- those who have long wished to dis- cut. ing Social Security from misguided at- mantle Social Security to do so in the So instead of cutting the payroll tax, tempts to cut it in the name of deficit future. let’s do the tax credit that we had in reduction. Some might say, well, peo- Worse—worse—since this tax cut is 2009 and 2010, just bump it up a little ple are out of work; with the fragile not being paid for, there is a much bit. How do we pay for it? The same economy, we need to put some spend- greater likelihood it will be extended way we are paying for the cut in the ing in the pockets of our middle-class yet again in the future because, you Social Security taxes. Put it on the Americans. see, there is another precedent here: deficit. Put it on the deficit. But at I could not agree more. The biggest Tax cuts do not have to be paid for. least we are not invading the Social job creator in America is not someone Only spending has to be paid for, not Security trust fund. Cutting the pay- who is rich and has billions of dollars. tax cuts. roll tax is a bad idea, a terrible idea. I The biggest job creator in America is a Does this not open the door to even am embarrassed it is being proposed by working American with money in his further extending payroll tax cuts be- a Democratic President and a Demo- or her pocket to spend. That is the big- cause we do not have to pay for it? I cratic Vice President. gest job creator. choose my words carefully. Make no We could fully pay for a tax credit, a So, yes, we have to get money in the mistake about it, American people, refundable tax credit, do it over a 10- pockets of working Americans, and we make no mistake about it. This is the year period of time so it does not nega- have done that in the past in a good beginning of the end of the sanctity of tively impact the fragile economic re- way. In the 2009 Recovery Act, working Social Security. The very real risk is covery. It would support middle-class Americans received a 6.2-percent credit that Social Security will become just families, give them the support they of their taxes, refundable up to $400, to another program to be paid for with need and deserve, but it would not increase their spending power and deficit spending and then in the future harm Social Security. boost the economy. This in no way im- perhaps raided to help reduce the def- I said there were a couple reasons I pacted the Social Security trust fund. I icit. am opposed to this. That is one. That

VerDate Mar 15 2010 02:22 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.077 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S840 CONGRESSIONAL RECORD — SENATE February 16, 2012 is a big one, what we are doing to the sles, mumps, rubella, polio, and a the dangerous consequences and prece- Social Security trust fund. But I must whole bunch of other diseases. dence of passing this bill in its current also state my strenuous opposition to Given the relentless rise in health form. This bill ends Social Security’s the cuts in this agreement to the Pub- care costs, it is a classic case of penny historic status as a program that pays lic Health and Prevention Fund that is wise and pound foolish to take money for itself. Think about it. The bill vali- in the Affordable Care Act. from the Prevention and Public Health dates the absurd idea that tax cuts My Republican friends and colleagues Fund. Americans get it. Americans get have a special status—they do not need have been trying to get at the health it when it comes to disease prevention. to be offset, but spending does. Think care reform bill ever since we passed it: They understand that prevention saves about it. And this bill foolishly slashes Cut it here, nick it there. We have lives, saves money, and is the common- funding for the Prevention and Public fought that off. The health care act is sense thing to do. In this bill—again, Health Fund, cuts that will signifi- now making a big impact in Ameri- for the first time—$5 billion is taken cantly add to the deficit in future cans’ lives. Need I mention the fact out of the Prevention and Public years. that kids are covered now, even though Health Fund—$5 billion. This is out- I repeat: We need to continue to bol- they may have a preexisting condition. rageous and unacceptable. ster the economy and boost the income Young people can stay on their par- As I said, Americans get it. Here is a of ordinary Americans. This bill is not ents’ policy until they are age 26. But letter from the American College of the way to do it. It is a devil’s deal. It we put into that affordable care act a Preventive Medicine urging us to op- is a bad deal. There are better ways to Prevention and Public Health Fund, pose taking any money, to diverting accomplish these goals. I urge my col- with the aim of transforming Amer- any money from the Prevention and leagues to vote against this terribly ica’s sick care system into a true Public Health Fund. Here is the Coali- misguided bill in its current form. health care system, emphasizing tion for Health Funding, opposed to EXHIBIT 1 taking money from the prevention wellness and prevention and public AMERICAN COLLEGE OF health, keeping people out of the hos- fund. The American Heart Association PREVENTIVE MEDICINE, pital in the first place. is opposed taking money from the pre- February 9, 2012. So this last October things started vention fund; the Campaign to End On behalf of the American College of Pre- kicking into effect. Beginning last Oc- Obesity Action Fund, opposed to tak- ventive Medicine (ACPM), I urge you to op- tober, for example, women over age 40 ing money from that fund; the Center pose any effort to divert funds from the Pre- could get a mammogram every year for Science in the Public Interest, op- vention and Public Health Fund to finance with no copays, no deductibles, no cost. posed to taking money from the pre- an extended ‘‘doc fix’’ in the Medicare physi- It has to be absorbed in the insurance cian fee schedule as part of the negotiations vention fund; the Heartland Alliance, on H.R. 3630, the Temporary Payroll Tax Cut program. Seniors on Medicare get a opposed to taking money from the pre- Continuation Act of 2011. ACPM is the na- free screening of their health and a vention fund; the Association of State tional professional society for over 2,500 phy- health assessment every year so they and Territorial Health Officials, op- sicians who dedicate their careers to preven- know what to do in the future to keep posed to taking money from this fund; tion and health promotion at the individual themselves healthy. No copays, no the Prevention Institute, opposed to and population levels. As such, ACPM has a deductibles. Colonoscopies over age 50, taking money from the Prevention and primary interest in expanding our nation’s no copays, no deductibles. We also Public Health Fund; the American investment in prevention to improve the started investing in proven programs health of communities across the country Heart Association, the National Alli- while adding greater value to our health care to promote health and wellness, de- ance of State and Territorial AIDS Di- system. creasing obesity, for example, across rectors, the American Public City While ACPM has been a staunch supporter the country, through this fund. Health Officials, the American Lung of efforts to fix the broken sustainable Earlier this month, the Trust for Association, the National Viral Hepa- growth rate formula used to calculate Medi- America’s Health released a remark- titis Roundtable, the Association of care physician reimbursement levels, the able study showing that a 5-percent re- Maternal & Child Health Programs, the College will not support any proposal that duction in the obesity rate could yield American Association of Colleges of diverts funds away from disease prevention programs in order to increase payments for more than $600 billion in savings on Pharmacy—722 groups across this health care in the next 20 years. This disease treatment. The Prevention and Pub- country—opposed to taking money lic Health Fund, established through the Af- study is the latest confirmation of from the Prevention and Public Health fordable Care Act, represents a critical in- what common sense tells us: Preven- Fund. vestment in public health and a historic tion is the best medicine both for our Mr. President, I ask unanimous con- commitment towards efforts that will help bodies and for our budgets. sent to have printed in the RECORD at shift the focus of our health care system Now think about it. We currently the end of my remarks some letters in from disease treatment to disease prevention spend more than $2 trillion on health opposition to this taking. There are and health promotion. care each year. An estimated 75 per- over 700 organizations in opposition to Already, states are using Prevention Fund dollars to bolster our public health infra- cent of that is accounted for by pre- this. ventable chronic diseases and condi- structure and to build a stronger foundation The PRESIDING OFFICER. Without for prevention in communities and neighbor- tions. Chronic disease is a prime cul- objection, it is so ordered. hoods that are most in need. To drain the prit in the relentless rise in health in- (See exhibit 1.) fund of its important resources just when surance premiums, and it contributes Mr. HARKIN. So who do we listen to, communities are now putting prevention to to the overall poor health that places Mr. President? Do we listen to public work represents a shortsighted approach to our Nation’s economic security and health officials—the American Heart fund increased reimbursements for Medicare competitiveness in jeopardy. Association, the American Lung Asso- providers. This is shameful and, frankly, exas- ciation, people all across America say- There has long been strong bipartisan sup- perating because we know how to pre- port for efforts that improve health, reduce ing don’t do this? costs, and enhance the value of our health vent many of these diseases and condi- This is what is going to save us in the care system. Now is not the time to abandon tions from developing in the first future. Yet they are taking $5 billion these goals. ACPM will continue to strongly place. We know a lot about the power out of it. It is totally unacceptable and oppose any efforts to decrease the federal of prevention through the kinds of evi- it is outrageous—outrageous—out- commitment to prevention and public health dence-based clinical and community rageous. And again, this wasn’t in ei- and we ask that you join us in these efforts. prevention programs and things that ther the House or the Senate bill. If Sincerely, are funded by the Prevention and Pub- I’m not mistaken, maybe a point of MIRIAM A. ALEXANDER, lic Health Fund. For example, for every order lies against things in a con- MD, MPH, ACPM President. $1 we spend on the full course of child- ference report that were not considered hood vaccines, we can save $16.60 in fu- either in the House or the Senate. COALITION FOR HEALTH FUNDING, ture health care costs. Not a bad return This agreement is being presented as Washington, DC, February 15, 2012. on a dollar, not to mention the quality a done deal, nothing we can do about DEAR MEMBER OF CONGRESS: The Coalition of the lives of kids who don’t get mea- it. Well, I urge Senators to think about for Health Funding is gravely concerned and

VerDate Mar 15 2010 03:43 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.078 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S841 deeply disappointed that Congress—in nego- and costs of CVD will increase dramatically President to reconsider his recommendation, tiating a compromise on the ‘‘extenders’’ in the next two decades, leaving 40 percent of which would undermine vital obesity preven- package—plans to raid the Prevention and the population with some form of the dis- tion and reversal initiatives already in place Public Health Fund to partially offset the ease. around the country.’’ costs of a temporary patch to Medicare phy- We know that prevention works and is one ‘‘The initiatives supported by the Preven- sician fee schedule. The Coalition’s 75 na- of the best ways to avert this cardiovascular tion Fund can help our communities to get tional organizations—representing more crisis. In a 2008 study, the AHA used a model on track to a healthy weight and achieve than 100 million patients and families, to evaluate the impact of 11 widely recog- more manageable long-term health care health care providers, public health profes- nized measures for cardiovascular preven- costs. Standing pat will not get us there. If sionals, and scientists—feels strongly that it tion. We found that if all 11 measures were we are serious about reigning in health care is penny-wise and pound foolish to cut public addressed, heart attacks would be reduced by costs, we must have strategies to change our health and prevention funding. We urge you 36 percent and strokes by 20 percent. These nation’s current course. No easy fixes exist to oppose these proposed cuts to the Fund, measures could add 200 million life-years to balancing our budget, but failing to put and instead consider the return on invest- over the next three decades and increase life all of our muscle behind tackling the obesity ment the Fund will show in the long-term by expectancy by 1.3 years. epidemic will only lead to greater illness for keeping people healthy. However, only 18 percent of U.S. adults fol- patients and greater expenses for taxpayers Prevention and public health are vital to low three important measures recommended in the long run. Reducing the Prevention and securing America’s position as a global lead- by the AHA for optimal health: not smoking, Public Health Fund is economically back- er in prosperity, discovery, and military ca- maintaining a healthy body weight, and ex- wards.’’ pability. The Prevention and Public Health ercising at moderate-vigorous intensity for Fund, established through the Affordable at least 30 minutes, five days per week. Pro- Ultimately, slashing obesity prevention Care Act, represents a critical investment grams supported by the Fund can help Amer- programs will not help the U.S. to reduce its and an unprecedented commitment to im- icans adopt healthier lifestyles and we know deficit, particularly in light of a recent proving America’s health. that the earlier in life they develop these study from the Trust for America’s Health, Already, states and communities are using habits, the better. Studies estimate that which finds that if obesity rates were re- the Fund to combat chronic diseases, which when people practice these healthy habits duced by five percent in the U.S. the country account for 70 percent of all deaths and 75 reach middle age, they have only a six to could save $29.8 billion in five years, $158.1 percent of all Medicare spending. Specifi- eight percent chance of developing CVD in billion in 10 years and $611.7 billion in 20 cally, the Fund is bringing communities to- their lifetimes. years in health care costs. gether to reverse the obesity epidemic. A Investing in prevention is a smart move Currently, the annual health costs related new analysis by Trust for America’s Health during these fiscally challenging times to to obesity in the U.S. are as high as $168 bil- shows that reducing the average body mass maintain both a healthy economy and a lion and obesity drives nearly 17 percent of index by just five percent could lead to near- healthy society. We urge you to protect the U.S. medical costs, according to research re- ly $30 billion in health care savings in just Fund. leased by the National Bureau of Economic five years. Sincerely, Research. By 2018—just six years from now, Evidence abounds—from the Department of NANCY A. BROWN, researchers at Emory University estimate Defense to the U.S. Chamber of Commerce— Chief Executive Officer. that obesity could account for 21 percent of that healthy Americans are stronger on the all health care spending. Employers alone battlefield, have higher academic achieve- PRESIDENT’S BUDGET PRESENTS DANGEROUS, experience a more than $73 billion loss each ment, and are more productive in school and COSTLY SETBACK TO OBESITY EPIDEMIC, year due to losses in productivity, absentee- on the job. Healthy Americans drive our eco- CAMPAIGN WARNS ism and medical costs attributed to obesity, nomic engine, and cost our nation less in according to researchers at Duke University. health care spending. It is shortsighted to WASHINGTON, DC.—In the face of staggering drain the Fund just as communities are now costs—both in lives and in billions of tax- putting prevention to work. We need to im- payer dollars spent because of the nation’s CENTER FOR SCIENCE prove health, reign in health care spending, obesity epidemic—the President’s budget IN THE PUBLIC INTEREST, and reduce our nation’s deficit and debt. The cuts vital obesity prevention programs by $4 Washington, DC, February 13, 2012. Fund will help us achieve these goals. billion over the next ten years, the Cam- Hon. Senator MAX BAUCUS, There has long been strong bipartisan sup- paign to End Obesity Action Fund warned Chairman, Finance Committee, U.S. Senate, port for efforts that improve health, reduce today. Hart Senate Office Building, Washington, costs, and enhance the value of our health The President’s budget recommends dras- DC. tic reductions to programs that the White care system. Now is not the time to abandon DEAR CHAIRMAN BAUCUS: On behalf of the these goals by ‘‘robbing Peter to pay Paul.’’ House championed a little more than 18 Center for Science in the Public Interest, I The Coalition strongly opposes any efforts to months ago designed to promote prevention urge you to support the Prevention and Pub- reduce the federal commitment to preven- and wellness through ‘‘an unprecedented lic Health Fund and oppose any efforts to re- tion and public health. We hope you will join funding commitment to these areas.’’ At duce, eliminate, or divert its funding. At a us in our opposition. that time, the President specifically pro- time when today’s children are in danger of Sincerely, posed ‘‘the creation of a national prevention becoming the first generation in American JUDY SHERMAN, and health promotion strategy that incor- history to live shorter, less healthy lives President. porates the most effective and achievable than their parents, we need to do more—not EMILY J. HOLUBOWICH, methods to improve the health status of less—to reduce the burden of heart disease, Executive Director. Americans and reduce the incidence of pre- cancer, and other preventable diseases. ventable illness and disability in the United The Prevention Fund, supported by nearly AMERICAN HEART ASSOCIATION, States.’’ 720 organizations, is a much-needed invest- Washington, DC, February 15, 2012. These programs were largely contained in ment in national, state, and local efforts to Hon. MAX BAUCUS, the Affordable Care Act, which established prevent disease, save lives, and reduce long- U.S. Senate, Hart Senate Office Building, the Prevention and Public Health Fund in term health costs. Due to the growing bur- Washington, DC. significant part to reverse the obesity epi- den of chronic disease, our country faces ex- DEAR SENATOR BAUCUS: The American demic and help the nation secure a healthier Heart Association (AHA), on behalf of its future. The Fund—the whose budget the ploding health-care costs that diminish our more than 22 million volunteers and sup- President now proposes to cut by more than economic productivity and limit businesses’ porters, urges you to protect the Prevention 20 percent over the next 10 years—enables ability to compete in a global economy. and Public Health Fund (Fund) and oppose work by state and local governmental agen- Right now, 75 percent of all health care costs any efforts to reduce, eliminate, or divert its cies and community organizations to in- are spent on the treatment of chronic dis- funding as you consider options for paying crease healthy food options in schools, cre- eases, many of which could be prevented. for an extension of the payroll tax reduction, ate physical activity programs and promote States are also using Prevention Fund dol- for unemployment insurance benefits, and incentives for workplace wellness. lars to mount campaigns to reduce obesity for Medicare payments to physicians. In a statement, Stephanie Silverman, co- and tobacco use, promote healthy eating and The programs supported by the Fund are founder of the Campaign to End Obesity Ac- physical activity, expand mental health essential if we are to reduce the growth of tion Fund, said: services, provide flu and other immuniza- chronic diseases, such as heart disease and ‘‘The President must know that there is tions, and fight infectious diseases. If we are obesity, and decrease tobacco use rates, little good news about obesity—the epidemic serious about reducing health care costs and which are primary drivers of rising health continues, and with it the long term costs to the deficit, decreasing funding for prevention care costs. Cardiovascular disease (CVD), in- our nation increase. The First Lady has done would be counterproductive. With your sup- cluding heart disease and stroke, is the lead- exemplary work highlighting some of the port, we can ensure that vital programs ing cause of death and disability in the successes of prevention efforts, but obesity aimed at preventing illness and promoting United States and our nation’s costliest ill- remains one of the country’s costliest med- health and wellness continue through the ness. Based on recent projections, prevalence ical conditions. We respectfully urge the next decade. Please let me know what you

VerDate Mar 15 2010 02:22 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.029 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S842 CONGRESSIONAL RECORD — SENATE February 16, 2012 will do to protect this important health By supporting collaborative job- adjourned, and Bill’s recess appoint- funding. training programs between community ment expired. He leaves the agency in Sincerely, colleges and transit agencies, we sup- sound condition and in the good hands MARGO G. WOOTAN, port our workforce in gaining valuable of Acting Public Printer Davita Vance- Director of Nutrition Policy. technical skills, while also supporting Cooks. During his brief tenure, Bill FEBRUARY 13, 2012. industries that are facing a workforce compiled a remarkable record of ac- Hon. RICHARD J. DURBIN, shortage. complishments. I know I speak for the U.S. Senate, State of Illinois, Hart Senate Office I will urge my colleagues to vote for Senate family when we thank Bill for Building, Washington DC. this amendment to ensure that we are his service as our Nation’s Public DEAR SENATOR DURBIN: Your support is supporting our workers in getting a Printer. needed to maintain funding for critical pre- valuable education and supporting an f ventive health work made possible by the industry that is facing a critical work- Prevention and Public Health Fund. Recent RECOGNIZING MIDWAY COLLEGE proposals to reduce, eliminate or divert its force shortage. funding ignore the long-term fiscal and The PRESIDING OFFICER. The ma- Mr. MCCONNELL. Mr. President, I health benefits of investing in prevention. jority leader. rise today to pay tribute to an edu- We urge you to oppose any reduction in f cational institution that has been de- funding to the Prevention Fund. The fund is MORNING BUSINESS termined to create job opportunities an unprecedented investment in national, and more easily accessible pathways to state and local efforts to prevent disease, Mr. REID. Mr. President, I ask unan- attaining professional degrees for Ken- save lives and reduce long-term health costs. imous consent that we go to a period of More than 700 national, state and local orga- tuckians, Midway College. nizations support the Prevention Fund. morning business, with Senators per- Midway College is a private school in Last year, Illinois received almost $21 mil- mitted to speak for up to 10 minutes Midway, KY, located in between Lex- lion to invest in effective and proven preven- each. ington and Frankfort. The school, es- tion efforts. That money is going to commu- The PRESIDING OFFICER. Without tablished in 1847, has since created not nities making changes to improve long-term objection, it is so ordered. health, the state’s public health infrastruc- only a rich tradition but a bright fu- f ture and training centers, HIV prevention ef- ture for itself as well. Grounded in the forts, tobacco prevention, and primary care RECOGNIZING BILL BOARMAN golden rule, the school’s motto is ‘‘ama and behavioral health services. Mr. REID. Mr. President, I rise today vicinum acte,’’ Latin for ‘‘love your Overall, the Prevention Fund will provide neighbor in deed.’’ And Midway College communities across the U.S. with more than to recognize the service of the 26th Public Printer of the United States. and its faculty are dedicated to living $16 billion over the next 10 years. Slashing just so. The college has opened 14 dif- this funding would be an enormous step Bill Boarman led the Government backward in our progress on cost contain- Printing Office, GPO, with distinction ferent branches across the State offer- ment, public health modernization and over the past year. He has been a tre- ing numerous disciplines students can wellness promotion. mendous asset to the organization, and choose to study and thereby diversi- By and large, our health care system is we will miss his service. fying the type of student who could po- based on treating illness rather than pre- tentially enroll by constructing venting it: Billions of dollars are spent each President Obama nominated Bill to serve as the Public Printer in April schools in an array of unique locations. year through Medicare, Medicaid, and other In 2009, Midway College president Dr. federal health care programs to pay for 2010, and his nomination was reported health care services once patients get sick. favorably by the Senate Rules Com- William B. Drake, Jr., along with at- Before the Prevention Fund, there was no mittee in July of that year. Because torney G. Chad Perry III, and his wife corresponding, reliable investment in efforts the Senate was unable to confirm Bill Judy Perry, had a vision to create a to promote wellness, prevent disease, and in the 111th Congress, President Obama 15th branch of the college in a small protect against public health or bioterrorism used a recess appointment to install Kentucky town. This new branch would emergencies. be expected to not only strengthen the Prevention is the key to lowering health Bill as the Public Printer in December care costs and creating a long-term path to 2010. Commonwealth but the entire Nation a healthier and economically sound America. Once in office Bill found that the as well. Their dream soon became a re- I urge you to continue our investment in the GPO faced serious financial problems. ality in January of 2010 when Midway Prevention and Public Health Fund. Bill immediately took steps to put College’s board of trustees announced Sincerely, GPO on solid financial footing by cut- plans to open the Midway College JOSEPH A. ANTOLIN, ting spending overhead and other non- School of Pharmacy in Paintsville, KY. Vice President, essential costs. He successfully imple- The small community of Paintsville Heartland Alliance; is located in Johnson County, and, ac- Executive Director, mented a buyout to adjust the size of Heartland Human Care Services, Inc. GPO’s workforce. Perhaps most impor- cording to President Drake, they could not have asked for a more perfect loca- Mr. HARKIN. Mr. President, I yield tant, Bill set up a special task force to tion for the school. The town’s citizens, the floor. collect millions in outstanding pay- Mrs. FEINSTEIN. Mr. President, ments owed to the GPO by other Fed- who strongly care about education, got today I have submitted an amendment eral agencies. These actions saved the involved early with the project and to the pending surface transportation GPO and the taxpayers millions of dol- stepped forward to ensure that reauthorization bill. lars. Paintsville would be the right home for Community colleges are a critical Bill did more than just cut costs. To the school. The new institute of learn- source of education and job training for help Congress reduce its use of printed ing will not only offer over 100 jobs to many individuals. Nationwide, we have documents, Bill ordered the first-ever an area that is suffering from high un- 1,655 community colleges, which enroll survey of all Senate and House offices employment rates but will generate nearly 6 million students. These com- that allowed them to opt out of receiv- around $30 million in revenue each munity colleges will play a big role in ing printed copies of the CONGRES- year. helping Americans develop the skills to SIONAL RECORD and other publications. The climate of our Nation is rapidly be competitive in our 21st century He put the GPO on Facebook, oversaw changing. As baby boomers age and are economy. the release of the GPO’s first mobile now in more medical need than ever In light of the President’s call for job Web app, and drafted a strategic in- before, Midway College is breaking new training assistance, it is imperative vestment plan to modernize the GPO’s grounds in its attempt to combat the that we support programs that help technology. He also presided over the problem. Only four States have greater workers meet the new demands of our observance of the GPO’s 150th anniver- need of pharmacists than Kentucky, a economy. My amendment does just sary and made history himself by ap- State which currently has only two that. pointing as his deputy a seasoned GPO pharmaceutical schools. Midway seeks This amendment ensures that transit official who is the first woman ever to to provide an opportunity to students agencies that partner with community hold that position. in the Appalachian regions of eastern colleges on job training programs are Unfortunately, the Senate did not Kentucky, in hopes that they will take eligible for Federal grants. confirm Bill before the 112th Congress their professional degree and return to

VerDate Mar 15 2010 03:43 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.026 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S843 their hometowns across the Common- he says has been taxing but worthwhile. ‘‘It’s elevating the level of care to patients in all wealth and make a difference for those like building a whole new culture,’’ he said, practice settings, with special emphasis on in need. describing the many facets of expanding the eastern Kentucky and Appalachia. With that Eighty percent of Kentuckians are college’s already sizable system of location. goal in mind, Midway College has signed an He called the projected $20-million startup agreement with the University of Pikeville still without a college degree. The venture one of the biggest decisions ever for guaranteeing interviews to the top 10 stu- fight to educate citizens of Kentucky the private college, whose roots predate the dents who meet the academic qualifications. wages on, and with the help of forward- Civil War. Similar agreements have been penned be- thinking institutions like Midway Col- Founded in 1847, Midway College has a tween Midway and Eastern Kentucky Uni- lege, the future looks brighter than main campus in Midway, Kentucky, which is versity, Big Sandy Community and Tech- ever before. So today I would like to located between Frankfort and Lexington, nical College, and Morehead State Univer- and offers coursework in 14 different loca- ask my colleagues in the U.S. Senate if sity. These agreements not only benefit the tions across the Commonwealth. In addition students through specific pharmaceutical in- they would join me in recognizing the to offering in-seat coursework in both the struction, but they will allow all schools to faculty and staff of Kentucky’s own traditional and accelerated setting, Midway share their academic resources. Hand in Midway College. offers classes in an online format, providing hand with the University of Pikeville’s Mr. President, the Kentucky publica- additional flexibility for students to have School of Osteopathic Medicine and other tion ‘‘Discover the Power of Southeast the opportunity to obtain their degree. One post-secondary institutions in the area, Mid- Kentucky,’’ published by the Southeast program unique to Midway includes an on- way is looking to show the mountain com- Kentucky Chamber of Commerce, re- line bachelor’s degree in Mining Manage- munities the diverse options that are avail- ment and Safety. This is one of the only pro- cently printed an article extolling Mid- able to them. With 80 percent of Kentuckians grams in the country designed for those without college degrees, the new institution way College and its president, Dr. Wil- working in the mining industry. Midway Col- will offer a fresh new route, a route that’s al- liam B. Drake, Jr. I ask unanimous lege also offers a Masters of Business Admin- ready proving popular with students from consent that said article be printed in istration and will launch a Master of Arts in the area. Fifty-five to 60 percent of the in- the RECORD. Teaching this fall, both of which are offered coming class is from the state, and even There being no objection, the mate- in an online format. more from adjacent mountain communities. rial was ordered to be printed in the The new school is expected to fill a need In keeping with the original vision of Mid- for pharmacists all across the nation. With RECORD, as follows: way and its donors, the new pharmacy school the baby-boomer generation coming into its is by Kentuckians for Kentuckians, strength- [From Discover the Power of Southeast retirement years, there is a call for phar- ening the region through strong ties to sur- Kentucky, Summer 2011] macists not only to care for the aging popu- rounding communities and its renewed out- MIDWAY COLLEGE PRESIDENT DR. WILLIAM B. lace but to replace those ‘‘boomers’’ who are look to higher education. DRAKE, JR. retiring from behind the drug counters them- f Anticipation is in the air as the new Mid- selves. According to industry data, there are way College School of Pharmacy prepares to approximately five applications for each AMBASSADOR SHERRY REHMAN greet its inaugural class. The City of opening at pharmacy schools in the U.S., with even greater need in Appalachia. Only Mr. KERRY. Mr. President, I want to Paintsville, Johnson County, and people welcome Pakistan’s new Ambassador throughout the region are excited about the four states have more difficulty than Ken- arrival of students aspiring to earn the Doc- tucky in filling pharmacists positions, and to the United States, Sherry Rehman. tor of Pharmacy (PharmD) degree. there are only two other pharmacy schools Ambassador Rehman has rightly been Five years ago, the vision of bringing a in Kentucky—the University of Kentucky in described as representing ‘‘the tradi- pharmacy school to eastern Kentucky began Lexington and the Sullivan School in Louis- tional values of Jinnah’s Pakistan.’’ As taking shape in the minds of Paintsville at- ville. a journalist, politician, and diplomat, torney G. Chad Perry III, his wife, Judy, and ‘‘Because of the number of students that apply to pharmacy schools, we could fill en- she has fought tirelessly in defense of the administration of Midway College led by tolerance and moderation and has been Midway College President Dr. William B. rollment with students from California, Drake, Jr. One by one, the people whose sup- there are that many,’’ Dr. Drake said. But, a leading voice for women’s equality port was needed recognized the merit of the he explained, there is a special emphasis on and protection of minority rights. idea and got behind it. One by one the obsta- drawing students from the immediate area. The United States-Pakistan relation- cles to such an ambitious plan were over- ‘‘It has been the intent of those who care ship has been tested this past year, and come. about the school that we look first and fore- while the problems we face are In January 2010, Midway College Board of most at the students from Appalachia’’ he daunting, the basic fact is that sta- Trustees Chairman James J. O’Brien, Chair- said. ‘‘As students graduate from our school bility in Pakistan remains vital to our man and CEO of Ashland, Inc., officially an- they will meet the pressing need that exists national security. Ambassador Rehman nounced that the Midway College School of in Kentucky today for pharmacists.’’ has arrived in Washington at a time of Pharmacy would open in Paintsville. Local Within a year of the official announcement and state government officials were on hand deep mistrust on both sides. A series of about the opening of the school, the process tactical disputes have strained our along with a large crowd gathered for the an- was underway to select the 80 students who nouncement. U.S. Representative Hal Rogers would make up the enrollment of the first strategic partnership. Progress on bed- said, ‘‘This project will bring a hundred good class. More than 430 applications were re- rock national interests has stalled, and paying jobs to the region during a time of ceived for the coveted 80 spots. To date, 25 Pakistan’s internal politics seems ex- high unemployment rates. It also builds edu- faculty and staff members have been hired ceptionally turbulent at this time. cational resources at home to continue the with an anticipated total of approximately Pakistan faces major challenges mission of providing quality opportunities so 100. The school’s faculty salaries will be in today, including an economic and fis- our best and brightest students don’t have to the 60th percentile of pharmaceutical faculty cal crisis, a growing insurgency within leave Kentucky for professional degrees and salaries in the United States. its borders and cities, and chronic en- careers.’’ When asked about the contributions of his In explaining why Midway College chose staff, President Drake said, ‘‘Having a staff ergy shortages. There is increasing Paintsville as the site, President Drake said, like mine, with such an entrepreneurial spir- anxiety in Pakistan about how the war ‘‘The citizens of this community care about it, has been like gold to me.’’ The staff in- ends in Afghanistan and what implica- education and these citizens, as well as the cludes Martha Jean McKenzie Wells (PhD, tions this will have for regional sta- local public officials, have stepped forward MsS) and Emily L. Coleman (PhD, MEd) who bility. Many on both sides are ques- at this unique time to make this school hap- are natives to the area. The school is also tioning the value and meaning of our pen.’’ A two-million dollar campaign took honored to have Dr. Barry Bleidt taking the place in Paintsville to assist with the capital strategic partnership. helm as its Dean. Dr. Bleidt, who earned his The truth is we have a lot of work to expenses of building the new school. The undergraduate degrees in Pharmacy and En- school is expected to generate more than $30 vironmental Geography from the University do to rebuild a productive relationship. million in economic activity annually in the of Kentucky, was formerly a founding mem- Despite our many frustrations and set- Paintsville area. ber of Texas A&M’s Health Science Center backs, we still have more to gain by President Drake said the college could not College and left there as the school’s Pro- finding common ground. Whether it is ask for a more enthusiastic or dedicated fessor of Pharmaceutical Sciences and Asso- finding a political solution in Afghani- community than Paintsville. ‘‘They under- ciate Dean of Academic Affairs. He has also stan, reducing militancy, supporting stand the value of education,’’ he said. ‘‘And held prestigious positions at other pharmacy democracy and civil society, or pro- it is an incredibly attractive place to work, schools in California, Virginia, and Lou- live, and earn your professional degree.’’ isiana. moting economic and development re- Dr. Drake has been making weekly trips to The School of Pharmacy has a vision of ex- forms, the basic fact is that our inter- Johnson County to oversee the process which panding the scope of pharmacy practice and ests do converge. The challenge for all

VerDate Mar 15 2010 02:32 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.015 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S844 CONGRESSIONAL RECORD — SENATE February 16, 2012 of us now is to find ways to act to- good works is found throughout the both past and present, who have done gether in common purpose, when and Wasatch Front, including the Inter- so much for so many to make Utah the where possible. national Peace Gardens the group was great place it is today. For instance, on Afghanistan, we instrumental in making a reality in need to make our goals and strategy 1947 and has helped preside over ever f absolutely clear. Pakistan has a con- since. structive role to play in forging a dura- That alone is sufficient to ensure REMEMBERING WHITNEY ble political settlement that will bring that the Salt Lake Council of Women’s ELIZABETH HOUSTON an end to this war. And while we have legacy will long endure in the heads often been frustrated by the divergence and hearts of its legions of admirers. Mr. LAUTENBERG. Mr. President, of policies on Afghanistan, it remains But this service organization’s legacy on Saturday, February 11, 2012, New important that we work together to neither begins nor ends there. Jersey lost one of its proudest daugh- further a reconciliation process that is Its service began on February 26, ters and our country lost one of its Afghan led and supported by the re- 1912, when it organized with the aim of brightest stars when Whitney Houston gion’s key players. This is a time for us bettering the ‘‘social, civic and moral’’ died at the untimely age of 48. to be careful, to be thoughtful, and to environment of the Salt Lake City Whitney Houston’s New Jersey roots proceed deliberately but deter- area, and that service has continued run deep. She was born in Newark in minately—as I believe we are—to unabated and on an ever-increasing 1963. She moved to East Orange at age strengthen our relationship and con- scale ever since. 4 and attended high school at Mount front our common challenges. Over the years, members of the Coun- Moreover, I want to emphasize that cil have been a tireless advocate for Saint Dominic Academy in Caldwell. this relationship is not only about the Utah’s youth, supporting child labor The daughter of noted gospel singer threats we face. It is not only about de- laws, visiting nurse and teacher pro- Cissy Houston, Whitney spent her feating militant extremists who grams for children who are ill, respect young life singing in the choir of the threaten the security of both our coun- for the American flag, and the installa- New Hope Baptist Church in Newark. tries. It is also about building a deeper, tion of the first drinking fountains in She never forgot her roots, and even broader, and long term strategic en- public schools. after she became a star, she sometimes gagement with the people of Pakistan. They have further assisted with the returned to New Hope Baptist Church As I have said before, Pakistan’s pros- Boy and Girl Scouts programs and to sing on Easter Sunday. Fittingly, it perity and its security—as well as our helped found a home for troubled girls, is at New Hope Baptist Church that own—depend on it. And I am deter- which has evolved into what is now Whitney’s family and friends will mined to make sure that the kinds of known as the Utah Youth Village. The mourn her loss and celebrate her life projects supported by Kerry-Lugar-Ber- organization has also helped the Utah this Saturday, February 18. man funds remain on track and dem- State Development Center, Alcoholics Anonymous, Ronald McDonald House, Virtually from the moment of the re- onstrate our long term commitment to lease of her debut album, ‘‘Whitney the stability of Pakistan and to the re- and numerous hospitals, nursing Houston,’’ Whitney was an inter- gion itself. homes, and homeless shelters and ani- national superstar. The album spent a Make no mistake: our ability to in- mal shelters, just to name a few. record 14 weeks at the top of the Bill- fluence events in Pakistan is limited, And Utahns have not been the only board charts, and it was the first and we should be realistic about what beneficiaries. During World War I, the album by a female artist to yield three we can achieve. But we cannot allow group provided relief to the embattled events that might divide us in a small and starving Finnish people. When No. 1 hits. One of those hits, ‘‘The way to distract from the shared inter- World War II erupted, the council gave Greatest Love of All,’’ became an an- ests that unite us in a big way. Moham- generously to the USO, American Red them and a symbol of hope. For all of mad Ali Jinnah said it best in his ad- Cross, and War Bond Drives. The coun- us who work to make a better world for dress to Pakistan’s Constituent Assem- cil also has been a strong advocate for our children and grandchildren, the bly in 1947. His words are as relevant in the arts, supporting the Utah Sym- song’s opening line, ‘‘I believe the chil- today’s context as they were then: phony, Ballet West and the Days of ’47, dren are our future,’’ is a constant re- minder of our mission. If you will work in cooperation, forgetting Utah’s annual July celebration to com- the past, burying the hatchet, you are bound memorate the 1847 arrival of the Mor- Much more than just a great singer to succeed. mon Pioneers in the Salt Lake Valley. and performer, Whitney was a great pa- The road ahead will be difficult no Today, as the Salt Lake Council of triot and humanitarian. Her perform- doubt. But I look forward to working Women’s centennial anniversary nears, ance of the ‘‘Star Spangled Banner’’ for with Ambassador Rehman as a partner its 200 members—representing 40 orga- Super Bowl XXV in 1991—during the in these efforts in the months and nizations and 5,000 women—are as en- first gulf war—has been hailed as the years to come. gaging and anxiously engaged in the yardstick for other singers performing f community as ever. Along with their our national anthem. Whitney donated continued commitment to the Inter- her proceeds from that performance to RECOGNIZING THE SALT LAKE national Peace Gardens and Utah the American Red Cross Gulf Crisis COUNCIL OF WOMEN Youth Village, council members are in- Fund. When her rendition was re-re- Mr. HATCH. Mr. President, I rise volved with the YWCA, University Hos- leased in the wake of the September 11 today to pay tribute to the Salt Lake pital Project, Wasatch Youth Center, attacks, Whitney donated those pro- Council of Women on the upcoming and with an ever-widening variety of ceeds to firefighters and victims of the 100th anniversary of its founding. special projects. This month, for in- attacks. In the ranks of those who greatly ad- stance, the council will award a college mire this wonderful organization and scholarship to a victim of domestic vi- For her many accomplishments, its exemplary members, I stand front olence, who will be chosen from moth- Whitney received numerous awards, in- and center today to salute them for ers in the YWCA’s long-term transi- cluding 6 Grammys, 2 Emmys, and 22 their accomplishments and out- tional housing program. American Music Awards. But no standing public service. As I do so, I No matter what they do or who they achievement meant more to Whitney am humbled by the magnitude of the serve, members of the Salt Lake Coun- than the birth of her daughter Bobbi task. It is difficult to find the right cil of Women are the embodiment of Kristina in 1993. words that will do justice to their ex- what Mahatma Gandhi called ‘‘the Though her loss will be felt far and traordinary contributions to Utah. spirit of service and sacrifice.’’ As the wide, Whitney’s powerful words—‘‘I be- A century after its founding, this re- council gathers February 25th to cele- lieve the children are our future. Teach markable group has more than lived up brate its 100th anniversary, I add my them well and let them lead the to its motto: ‘‘Community Service for voice to the chorus of praise in salut- way’’—live on in New Jersey, across Civic Improvement.’’ Evidence of its ing its visionary and selfless members, the country, and around the world.

VerDate Mar 15 2010 03:43 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.064 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S845 ADDITIONAL STATEMENTS its foremothers’ legacy of service and able and underprivileged, both at home advocacy, emphasizing collaboration, and abroad. I join my colleagues in sa- coalition building, and responsiveness luting him for his tireless efforts, TRIBUTE TO CHIEF DONALD F. to community needs. The Junior which have brought joy and comfort to CONLEY League of Baltimore’s recent projects so many. He deserves recognition as a ∑ Ms. AYOTTE. Mr. President, today I include art programs, family support true humanitarian and a true Amer- wish to recognize and congratulate services, and partnerships with various ican patriot.∑ chief of police Donald F. Conley of the organizations such as Read Across f Nashua, NH, Police Department for his America, in addition to its innovative TRIBUTE TO JOHN E. FRAMPTON 32 years of dedicated service to the law nutrition education program designed ∑ enforcement profession, the City of to fight childhood obesity. Mr. GRAHAM. Mr. President, I ask Nashua, and the State of New Hamp- I would ask my colleagues to join me my colleagues to join me in recog- shire. in congratulating the Junior League of nizing John E. Frampton on the occa- After serving in the U.S. Marine Baltimore on 100 years of service to sion of his retirement as director of the Corps, Chief Conley began his law en- Baltimore, and in thanking league South Carolina Department of Natural forcement career with the U.S. Capitol members past and present for all that Resources, SCDNR. John has dedicated the past 35 years Police and then joined the Nashua Po- they have done and are doing to enrich to advancing and improving the State lice Department in 1980. He was pro- the lives of the citizens of Baltimore of South Carolina’s natural resources moted to sergeant in 1988, lieutenant in and Maryland.∑ and quality of life. He has been a tire- 1995, captain in 1998, and deputy chief f less advocate of wildlife preservation of police in 2002. He was named the TRIBUTE TO DR. KENNETH HALL in South Carolina and across the chief of police in 2007. United States. As director of SCDNR, During his long tenure as a police ∑ Mr. CORNYN. Mr. President, today I he served as the chief administrator for chief, Donald Conley has been a leader would like to commend the extraor- natural resources in the State and was in promoting community-oriented po- dinary career of Buckner International responsible for management and super- licing, improving public safety within CEO Dr. Kenneth Hall, who will soon be retiring from the Dallas-based orga- vision of the agency’s five divisions. the State of New Hampshire, and pro- Leading with passion, determination, nization after 19 years of dedicated moting sound public policies and prac- and humility, John has worked to pro- service. Throughout his tenure, he has tices that have helped keep New Hamp- tect and promote South Carolina’s nat- promoted founder R.C. Buckner’s mis- shire one of the safest States in the Na- ural resources at every level around sion of bringing unconditional Chris- tion. Chief Conley has worked tire- the State. John joined SCDNR in 1974 tian love to needy children. Hall has lessly with his peers and with other as an assistant district biologist. Prior been instrumental in expanding the public safety officials to better the ad- to his appointment as director, he scope of Buckner’s activities, which are ministration of justice. served as a regional wildlife biologist, inspired by the biblical principles of As Donald Conley celebrates his re- chief of wildlife, and assistant director tirement, I want to commend him on a James 1:27: ‘‘Religion that God our Fa- for development and national affairs. job well done and ask my colleagues to ther accepts as pure and faultless is On April 2, 2003, Mr. Frampton was se- join me in wishing him and his wife this: to look after orphans and widows lected as the agency’s director by the ∑ Tricia well in all future endeavors. in their distress and to keep oneself SCDNR Board. f from being polluted by the world.’’ John is an active member of multiple A Baptist minister by training, R.C. regional, national, and international RECOGNIZING THE JUNIOR Buckner devoted his life to helping LEAGUE OF BALTIMORE wildlife organizations and served as a children whose families had been dis- past president of both the South- ∑ Mr. CARDIN. Mr. President, I rise placed or broken by war, poverty, and eastern Association of Fish and Wild- today to recognize the 100th anniver- other hardships. The mustard seed of life Agencies and the Association of sary of the Junior League of Balti- Buckner International was planted on Fish and Wildlife Agencies. Because of more. Mary Goodwillie founded the a hot July day in 1877, when Dr. his dedicated leadership and commit- Junior League of Baltimore in 1912 Buckner gathered concerned citizens ment to conservation, John was ap- with the goal of engaging educated around an old oak tree in Paris, TX, pointed to the National Marine Pro- young ladies to help alleviate the ills and asked for their assistance in build- tected Area Federal Advisory Com- of the city. The league members began ing a home for orphans. From a humble mittee by the Secretary of Commerce working with underprivileged women collection that day of $27, Dr. Buckner and appointed to the prestigious Wild- and children in Baltimore. Their early created Buckner Orphans’ Home in life and Hunting Heritage Conservation advocacy efforts helped bring about re- Dallas in 1879. Now known as Buckner Council by the Secretary of Interior duced work hours for women and better Children’s Home, it is one of the oldest and the Secretary of Agriculture in living conditions for children. orphanages west of the Mississippi 2010. Throughout its 100-year history, the River. John’s well-deserved acknowledg- league has harnessed the spirit of vol- One hundred and thirty-five years ments and recognitions highlight the unteerism to help countless families in after the famous oak tree meeting, impact he has had on the conservation Baltimore with projects ranging from a Buckner International is aiding more community at the State and national nursery school for blind and deaf chil- than 400,000 people in countries across level. John has received numerous hon- dren in the 1940s, a drug abuse edu- the world. Dr. Hall became its fifth ors and awards over his career, includ- cation program in the 1970s, and the President and CEO in 1994. Under his ing the International Canvasback Kids in the Kitchen nutrition edu- leadership, the endowment surpassed Award from the North American Wa- cation program today. $200 million, and the organization es- terfowl Management Plan Committee, Once, the league was a volunteer ac- tablished a new global ministry pro- the Clarence W. Watson Award from tivity for well-to-do women; today, it gram. It now does charitable work in the Southeastern Association of Fish is a training ground where women in- China, the Dominican Republic, Egypt, and Wildlife Agencies, the Shooting, terested in nonprofit management, so- Ethiopia, Ghana, Guatemala, Hon- Hunting and Outdoor Trades’, SHOT, cial work, and public service profes- duras, India, Kenya, Mexico, Peru, Rus- Business Person of the Year Award, the sions receive hands-on experience. Vol- sia, Sierra Leone, South Korea, and Henry S. Mosby Award from the Na- unteer activities are designed to em- Vietnam. Buckner also runs several re- tional Wild Turkey Federation, the power diverse women from all walks of tirement communities in Texas, and Captain David Hart Award by the At- life to make a difference in their com- provides an extensive array of services lantic States Marine Fisheries Com- munity. to assist and empower families in cri- mission, and the Seth Gordon Award by The Junior League of Baltimore is sis. the Association of Fish and Wildlife part of the Association of Junior I am grateful for all that Dr. Hall has Agencies. Additionally, John is recog- Leagues International and continues done to improve the lives of the vulner- nized for initiating South Carolina’s

VerDate Mar 15 2010 02:32 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.017 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S846 CONGRESSIONAL RECORD — SENATE February 16, 2012 Ashepoo, Combahee, and South Edisto, and transformed it into a lifelong, posi- have served as useful examples to our ACE, Basin Project in 1988 and con- tive pursuit that filled a void for many men and women in uniform. I know my tinues to serve on the ACE Basin Task across Michigan. Senate colleagues join me in congratu- Force. He is an invaluable asset to the After his death last month, Ruthann lating Major General Dorko and hon- conservation community and as a lead- was inundated with letters of condo- oring his distinguished record of serv- er has set an example for future lence from across our State. Some of ice to our country. I wish him the best SCDNR directors to follow. these condolence letters even came as he embarks on the next chapter of Born in Summerville, SC, John holds from people Brian had prosecuted, who his life.∑ a bachelor of science degree in marine praised his fairness and decency and f biology from the College of Charleston. expressed sorrow for his loss. To be re- He later received a master of arts in spected by one’s colleagues is a sign of RECOGNIZING DELOITTE LLC teaching degree in biology from the a job well done, but to be respected by ∑ Mr. MENENDEZ. Mr. President, last Citadel and a master of science degree one’s adversaries is the mark of a truly week I had the privilege of speaking at in wildlife biology from Clemson Uni- unique man. Posthumously, Brian was the LATINA Style 50 Awards Ceremony versity. He is a certified wildlife biolo- honored by the Prosecuting Attorneys and Diversity Leaders Conference, gist through the Wildlife Society. Association of Michigan for his out- which is held each year to recognize I ask that the Senate join me in cele- standing service as a prosecutor in leaders in corporate diversity. A pre- brating John Frampton’s lifelong dedi- Kalkaska County, an honor he richly mier and well-respected publication, cation to the South Carolina Depart- deserved. LATINA Style 50 honored Deloitte LLC ment of Natural Resources, the State Brian Donnelly left a legacy of nobil- with its Company of the Year award, in of South Carolina, and our Nation. I ity and dedicated public service for recognition of its commitment to fos- wish John the very best in his future Michigan and for the legal profession. tering an inclusive workplace for endeavors.∑ He will be missed, but his many efforts Latinas and professionals from diverse f and the good he has done will be re- backgrounds and perspectives. I would membered for years to come. Senator like to congratulate Deloitte for re- REMEMBERING BRIAN DONNELLY STABENOW and I are proud to honor him ceiving this honor. ∑ Mr. LEVIN. Mr. President, my col- today.∑ Deloitte has a long legacy of devel- league Senator DEBBIE STABENOW and I f oping leaders and giving back to its would like to pay tribute to Brian Don- communities. From establishing the nelly. The measure of a man is seen TRIBUTE TO MAJOR GENERAL accounting industry’s first women’s from many vantage points, from the JEFFREY J. DORKO initiative in 1993, to operating an ex- family he loves, to the good work he ∑ Mr. LEVIN. Mr. President, I would ternal advisory council, chaired by Dr. has done, to the lives he has positively like to pay tribute to MG Jeffrey J. Sally Ride, that oversees its women’s influenced along the way. By this Dorko, deputy commanding general for initiatives, Deloitte has been a leader measure, Brian Donnelly lived a full military and international operations in promoting diversity in the work- and prosperous life. We see that in the for the U.S. Army Corps of Engineers, place. Deloitte also focuses its efforts words of his adoring and devoted wife who is retiring from Active Duty serv- externally through its support of a and family; we see that in the seem- ice on Friday, February 10, 2012. As we broad range of community groups, in- ingly endless outpouring of affection reflect on the career of this exemplary cluding several that serve Hispanics. from his colleagues, friends, and asso- public servant, I express appreciation Deloitte’s CEO, Joe Echevarria, per- ciates; and we see that even from those for his distinguished and selfless serv- sonifies the career and development op- he prosecuted. ice on behalf of a grateful nation. It is portunities available at the organiza- Brian Donnelly, who died suddenly his sacrifice, along with the sacrifices tion. Of Puerto Rican heritage, Mr. last month, was a dedicated civil serv- of countless others in uniform around Echevarria began working at Deloitte ant from my home State of Michigan. the world, which helps to keep our Na- as an audit recruit from the University He devoted his life to upholding the tion strong and secure. of Miami. Today, he oversees 45,000 pro- law and serving the citizens of Michi- Major General Dorko has accumu- fessionals who specialize in multiple gan. This devotion and commitment lated more than 33 years of service to industries, in nearly 90 U.S. cities. He can be seen through Brian’s 25 years of our country, and, more important, has understands inclusive and empowering service as a prosecutor, most recently amassed an impressive record of ac- policies aren’t just good for his em- for Kalkaska County. Brian was a complishments. His military career ployees—they are good for business. skilled and highly respected litigator began in 1978 as a platoon leader, com- It is a pleasure to congratulate who was known to work long days, pany executive officer, and assistant Deloitte, its employees, and Deloitte often returning to the office after din- battalion operations officer for the CEO, Mr. Joseph Echevarria, on being ner. Brian was admired not only by his 299th Engineer Battalion at Fort Sill, named Company of the Year by colleagues but by those on both sides of OK. Over the next three decades, he LATINA Style 50, and I encourage the bench. His commitment both to his served three tours of duty with the other companies to follow the lead of work and to his family was evident to U.S. Army Corps of Engineers in Ger- Deloitte in growing and developing di- all who knew him. many and was deployed in support of verse talent in their executive suites Brian graduated from Michigan State Operations Joint Endeavor and Joint and boardrooms.∑ University and received his law degree Guard in Bosnia-Herzegovina. f from the University of Michigan From 2007 to 2008, Major General School of Law. He married his wife Dorko assumed command of the U.S. TRIBUTE TO DOYLE ROGERS Ruthann in July of 1987, and they re- Army Engineer Division, Gulf Region, ∑ Mr. PRYOR. Mr. President, for over mained partners for the rest of his life. headquartered in Baghdad, Iraq, in sup- 50 years, Doyle W. Rogers has been a While Brian’s life was full of many suc- port of Operation Iraqi Freedom. And proud resident of the city of Batesville, cesses, he also experienced tragedy. currently, as the deputy commanding AR. Next month, Batesville will honor Brian’s brother, Mac J. Donnelly, Jr., general for military and international him by designating March 6, 2012, as was killed in the line of duty while operations for the U.S. Army Corps of Doyle Rogers Day. Through his many working as a police officer in Lansing, Engineers, Major General Dorko is re- endeavors, Doyle has found success MI, in 1977. His brother’s death helped sponsible for the successful execution through visionary leadership and hard encourage Brian to pursue a successful of more than $28 billion in design, con- work. It is in that spirit that I rise career as a prosecutor. It also led to his struction, and environmental projects. today to recognize a man I consider a continued support of Michigan Con- I know Major General Dorko would great businessman and an even greater cerns of Police Survivors, MI–C.O.P.S, want us to also recognize his family’s Arkansan. an organization dedicated to sup- many sacrifices throughout his exem- Doyle Rogers was born in Diaz, AR, porting the families of fallen officers. plary career. Major General Dorko’s in 1918, and raised in Newport. After at- He took what was a personal tragedy dedicated service and sound leadership tending Arkansas State University in

VerDate Mar 15 2010 03:43 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.006 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S847 Jonesboro, Doyle enlisted in the Royal from professional athletes and men and women who serve our Nation Canadian Air Force to fight in World NASCAR drivers to several former in uniform. As everyone knew, this was War II before the United States had en- Governors. Doyle Rogers has certainly a part of his very being. tered the war. He then went on to serve earned the honor of being listed as a Emory and Anita then moved to in Burma with the U.S. Army Air great resident of Batesville. Even with Montgomery, where he joined his Corps. His return from the war and Doyle’s business success, he has re- brother, James Folmar, to run a suc- transition into civilian life brought mained humble to his roots, always be- cessful construction and shopping cen- him to Batesville, where he started his lieving in the value of hard work and ter development company. In 1975 professional career. Doyle tried his loving the great city of Batesville. In Mayor Folmar was urged to enter po- hand in several businesses in those 2004, my good friend and former Con- litical life and run for the District 8 early years, even traveling southern gressman Marion Berry said this of seat on the Montgomery City Council. States selling Masonic Bibles, until es- Doyle: He was elected president of the city tablishing the Doyle Rogers Realty and In a day and age when the presiding belief council and became mayor of Mont- Insurance Agency in 1953. is in order to grow up and succeed you must gomery in 1977 in a most remarkable This company would later become escape Rural America, Doyle Rogers and his election. He was elected mayor with 65 the Doyle Rogers Company. This com- family lived in Batesville, Arkansas for more percent of the vote, despite having 57 pany’s real estate projects have shaped than 50 years, proving success comes with competitors. Mayor Folmar went on to the Arkansas landscape and the Little hard work, not a change of zip code. serve as mayor for 22 years until 1999. Rock skyline. In 1982, Doyle’s vision I agree with my former colleague. Mayor Folmar was a fiscal conserv- led to the development and opening of Doyle’s life and work are worthy of ative who was most proud of the finan- the Statehouse Convention Center and praise, and I am proud of the legacy he cial health of the city. He was famous Excelsior Hotel, a world-class facility has built. I know that whatever en- for maintaining a balanced budget and now known as the Peabody Hotel. A deavor Doyle chooses to pursue in the establishing a healthy reserve fund. few years later, Doyle added the Rogers future, he will continue to have a posi- Mayor Folmar was also known to walk Building, a 25-story office tower now tive impact on Batesville and Arkan- municipal ditches and visit public called the Stephens Building. These sas. I ask my colleagues to join me in property in order to ensure that munic- projects still stand proud along the Ar- congratulating Doyle Rogers for this ipal services were operating at peak kansas River in downtown Little Rock honor bestowed on him by the city of performance. He would often say, ‘‘It’s and assisted in the rejuvenation of Batesville and thank him for a job well not what you expect, it’s what you in- business development in downtown Lit- done.∑ spect.’’ He was perhaps one of the tle Rock. f greatest mayors in the history of Ala- bama and one of the best in America. Doyle would go on to purchase Met- REMEMBERING MAYOR EMORY ropolitan National Bank in 1983 and re- He was honest, courageous, a superb MCCORD FOLMAR locate its headquarters to downtown manager, and, quite noticeably, direct Little Rock. He serves as chairman of ∑ Mr. SESSIONS. Mr. President, I wish and plain spoken. the board, and during his tenure the to pay tribute to a friend and the In 1980, Mayor Folmar served as bank has grown to one of the largest in former mayor of Montgomery, AL, State chairman of President Ronald the State. His success with Metropoli- Emory McCord Folmar. He passed on Reagan’s finance committee, and in tan National Bank and his other from this life on November 11, 2011, and 1984, he served as Reagan’s State cam- projects led to his induction into the I wish to honor Mayor Folmar’s cour- paign chairman. In 1982, Mayor Folmar Arkansas Business Hall of Fame in age and service to his country, the ran a competitive race as the Repub- 2006. With this induction, Doyle joined State of Alabama, and the city of lican candidate for the Governor’s of- a prestigious group that includes Sam Montgomery. fice in Alabama. Mayor Folmar also Walton, William Dillard, and Don Mayor Folmar was born in Troy, AL served as the State campaign chairman Tyson. on June 3, 1930, to Marshall Bibb for Bush-Quayle in 1988 and again in Many of Doyle’s friends speak of his Folmar and Miriam Woods Pearson 1992. After retiring from politics, relentless work effort and dedication to Folmar. At the age of 14, the Folmar Mayor Folmar worked as a business the causes he holds dear. Education has family moved to Montgomery, AL, consultant and then was appointed been one of those issues over the years. where he graduated from Sidney Lanier commissioner of the important Ala- He has served on the board of trustees High School in 1948. Mayor Folmar at- bama Beverage Control Board in 2003 of Hendrix College as well as advisory tended the University of Alabama, by Gov. Bob Riley. He served the State boards for the School of Business and where he earned a B.S. in business in in this role until 2011, doing superb School of Law at the University of Ar- just 3 years. During his time at the work making the department leaner kansas in Fayetteville. He holds hon- Capstone, he served as a cadet colonel and more productive. orary degrees from Lyon College and in the Army ROTC and was a member On a personal note, I had the pleas- Philander Smith College. I know these of the Sigma Alpha Epsilon fraternity. ure of working closely with Mayor institutions and countless students Upon graduation, Mayor Folmar re- Folmar when he served as campaign have benefited from Doyle’s business ceived a regular Army commission and chairman for my first campaign for the acumen and visionary leadership. was assigned to the parachute training Senate in 1996. I will always appreciate Doyle attributes much of his success and instructors’ school for the 11th Air- and remember his support throughout to the love and support of his great borne Division of the 2nd Infantry Divi- the years and his leadership in Ala- family. He married the love of his life, sion at Fort Benning, GA. bama. Those of us who knew Mayor the former Josephine Raye Jackson, in He married Anita Pierce in February Folmar know also that he was a man of 1941. Together they have been blessed 1952, immediately prior to his deploy- faith who was an elder at Trinity Pres- with two children, Barbara Rogers ment to the Korean war theatre later byterian Church in Montgomery, AL. Hoover and Doyle W. ‘‘Rog’’ Rogers, that summer. During that intense con- Governor Riley noted how impressed he Jr., and six grandchildren. He noted in flict, Mayor Folmar was wounded in was with Mayor Folmar’s wisdom and an interview with Arkansas Business: combat and received the Silver Star, scriptural knowledge. Emory Folmar The way you enjoy your life is through Bronze Star, and Purple Heart. He also had the reputation in Alabama as an your family. Material things are good, but received the French Croix de Guerre for extremely intelligent, hard-working, being with your family, watching them grow his actions with the 23rd Regiment of honest, and headstrong leader. He was and prosper is probably the greatest reward. the 2nd Infantry Division and French all that and more. Batesville is one of my State’s oldest troops. Following the Korean war, he His dedication to serving the Nation cities. Situated along the White River, was assigned to Fort Campbell, KY, as in military conflict and to serving the it was used as a shipping point decades an airborne jump master until 1954. citizens of the State of Alabama and before Arkansas was granted state- Mayor Folmar was then and until his city of Montgomery, AL, as a public hood. With this history, Batesville has last breath a true American patriot servant will continue to inspire others been home to many notable residents, who loved, respected, and defended the for generations to come. We shall miss

VerDate Mar 15 2010 02:32 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.025 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S848 CONGRESSIONAL RECORD — SENATE February 16, 2012 his leadership in the public arena. I bination of strength, modesty, and loy- We are pleased to congratulate the feel quite privileged to be a U.S. Sen- alty deep in his character. And to a Lansing Regional Chamber of Com- ator and to have the honor to pay trib- very unusual degree, this remarkable merce on this special occasion and wish ute to Mayor Emory McCord Folmar’s businessman, who never sought the them many more years of success.∑ life and service to this great Nation.∑ limelight, was well known and loved f f throughout our State. Alabama and the Nation have lost MESSAGES FROM THE PRESIDENT REMEMBERING JAMES LUCIEN one of its finest citizen. My sympathy Messages from the President of the HINTON is extended to his family upon this United States were communicated to ∑ Mr. SESSIONS. Mr. President, I wish loss, but they have been given a won- the Senate by Mr. Pate, one of his sec- to remember Mr. James Lucien derful heritage of industry, humility, retaries. ‘‘Jimmy’’ Hinton, who passed away on and public service.∑ f December 3, 2011, in Tuscaloosa, AL, at f EXECUTIVE MESSAGES REFERRED the age of 88. He was one of Alabama’s best known and respected citizens. RECOGNIZING THE LANSING RE- As in executive session the Presiding Mr. Jimmy was born in Tuscaloosa GIONAL CHAMBER OF COM- Officer laid before the Senate messages on April 8, 1923. He grew up in the Lit- MERCE from the President of the United tle Sandy community, attended the ∑ Ms. STABENOW. Mr. President, my States submitting sundry nominations University of Alabama in the 1940s, and colleague Senator CARL LEVIN and I which were referred to the appropriate served in the U.S. Army. In 1958, he would like to pay tribute to the Lan- committees. married Jean Jolly and they had three sing Regional Chamber of Commerce (The nominations received today are children: Jimmy, Jr., Mary Katherine, on the occasion of the 100th anniver- printed at the end of the Senate and Elizabeth. He loved his family and sary of its annual dinner. proceedings.) enjoyed spending time at his farm, From the very first dinner held in f 1912 to the present, the Lansing Re- Sedgefield Plantation, in Dallas Coun- MESSAGES FROM THE HOUSE ty. gional Chamber of Commerce Annual Mr. Jimmy was a highly successful Dinner has played a significant role in At 10:03 a.m., a message from the businessman and involved in many bringing business and community lead- House of Representatives, delivered by businesses during his lifetime, starting ers together to celebrate exciting de- Mrs. Cole, one of its reading clerks, an- his own sawmill company at the age of velopments in the region. Although the nounced that the House has passed the 16. He was engaged in the lumber busi- format of the evening may have following bills, in which it requests the ness, real estate development, a box changed over the years, the mission re- concurrence of the Senate: and pallet factory, automobile busi- mains the same: to serve as the pre- H.R. 2079. An act to designate the facility ness, asphalt business, and the family mier business networking event of the of the United States Postal Service located owned a meat-packing company, R. L. year and to celebrate the contributions at 10 Main Street in East Rockaway, New York, as the ‘‘John J. Cook Post Office’’. Zeigler Co., Inc., where he served as of individuals and organizations that H.R. 3247. An act to designate the facility chairman of the board. He also served make the region great. of the United States Postal Service Located as a board member for the First Na- The group of Lansing area business at 1100 Town and Country Commons in Ches- tional Bank of Tuscaloosa and South- leaders who formed the Lansing Busi- terfield, Missouri, as the ‘‘Lance Corporal ern United Life Insurance Company. In ness Men’s Association certainly paved Matthew P. Pathenos Post Office Building’’. 1999, he was inducted into the Alabama the way for the tradition that is cele- H.R. 3248. An act to designate the facility Business Hall of Fame. brated today. After changing their of the United States Postal Service located Mr. Jimmy loved his family very name to the Lansing Chamber of Com- at 112 South 5th Street in Saint Charles, much and particularly enjoyed hunting merce, Ransom E. Olds, founder of Missouri, as the ‘‘Lance Corporal Drew W. Weaver Post Office Building’’. and fishing with them and his many Oldsmobile, addressed the first annual friends at Sedgefield. He often opened meeting at the Masonic Temple. The ENROLLED BILL SIGNED Sedgefield for national and State field association had encouraged him to The message also announced that the trials and also allowed hunts for per- come back to Lansing from Detroit and Speaker has signed the following en- sons with disabilities and terminal ill- build a factory, which he did. This rolled bill: ness. He began the first Life Hunts for clearly established the chamber as the H.R. 1162. An act to provide the Quileute such hunters over 25 years ago, and community leader in fostering eco- Indian Tribe Tsunami and Flood Protection, and for other purposes. many have benefited from his care and nomic growth and creating jobs. concern. He supported a host of worthy I am very proud that the Lansing The enrolled bill was subsequently causes over his life. Chamber founded the now internation- signed by the President pro tempore In 1998, Jimmy received the Gov- ally known ATHENA Award in 1982. (Mr. INOUYE). ernor’s Award and was named Con- What started as a visionary way to sup- At 2:42 p.m., a message from the servationist of the Year for his dedica- port, develop and honor local women House of Representatives, delivered by tion to conservation in Alabama. leaders, has now become a global move- Mr. Novotny, one of its reading clerks, He was a passionate supporter of the ment with more than 6000 awards pre- announced that pursuant to 36 U.S.C. University of Alabama and its athletics sented in 500 communities in the 2302, and the order of the House of Jan- program. Paul W. ‘‘Bear’’ Bryant and United States, Canada, Russia, the uary 5, 2011, the Speaker appoints the he were famous friends. He served on United Arab Emirates and the United following Member of the House of Rep- the University of Alabama Presidents Kingdom. resentatives to the United States Holo- Cabinet and the Board of Visitors of It is exciting that on February 22, caust Memorial Council: Mr. ISRAEL of the Culverhouse College of Commerce 2012, the 100th Annual Dinner will be New York. and Business Administration. celebrated at the Lansing Center. This f I knew Mr. Jimmy for a number of event will not only celebrate the cham- MEASURES REFERRED years. It was easy to see why he engen- ber’s history and the many people who dered such affection and respect. A de- made things happen over the past 100 The following bills were read the first cisive and strong man, certainly, he years, it will include updates from cur- and the second times by unanimous nevertheless was totally unassuming. rent business leaders and the presen- consent, and referred as indicated: That background of country living, his tation of the 2011 Community Service, H.R. 2079. An act to designate the facility love of hunting and the outdoors, his Outstanding Small Business and Leg- of the United States Postal Service located success in business, and his association acy Awards. at 10 Main Street in East Rockaway, New York, as the ‘‘John J. Cook Post Office’’; to with athletics at the iconic University More than just a dinner, this event the Committee on Homeland Security and of Alabama combined in a special way showcases the businesses and people Governmental Affairs. to shape who he was. People saw him who have helped make this region into H.R. 3247. An act to designate the facility for who he was. There was a rare com- what it is today and shape its future. of the United States Postal Service located

VerDate Mar 15 2010 02:45 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.018 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S849 at 1100 Town and Country Commons in Ches- titled ‘‘Defense Federal Acquisition Regula- Treasury, transmitting, pursuant to law, the terfield, Missouri, as the ‘‘Lance Corporal tion Supplement; Award Fee Reduction or report of a rule entitled ‘‘Foreign Tax Credit Matthew P. Pathenos Post Office Building’’; Denial for Health or Safety Issues’’ Splitting Events’’ ((RIN1545–BK50) (TD 9577)) to the Committee on Homeland Security and ((RIN0750–AH37) (DFARS Case 2011–D033)) re- received in the Office of the President of the Governmental Affairs. ceived in the Office of the President of the Senate on February 13, 2012; to the Com- H.R. 3248. An act to designate the facility Senate on February 14, 2012; to the Com- mittee on Finance. of the United States Postal Service located mittee on Armed Services. EC–5042. A communication from the Chief at 112 South 5th Street in Saint Charles, EC–5032. A communication from the Acting of the Publications and Regulations Branch, Missouri, as the ‘‘Lance Corporal Drew W. Under Secretary of Defense (Personnel and Internal Revenue Service, Department of the Weaver Post Office Building’’; to the Com- Readiness), transmitting a report on the ap- Treasury, transmitting, pursuant to law, the mittee on Homeland Security and Govern- proved retirement of Vice Admiral John M. report of a rule entitled ‘‘Physical Inspec- mental Affairs. Mateczun, United States Navy, and his ad- tions Pilot Program’’ (Notice 2012–18) re- vancement to the grade of vice admiral on ceived in the Office of the President of the f the retired list; to the Committee on Armed Senate on February 13, 2012; to the Com- Services. mittee on Finance. MEASURES PLACED ON THE EC–5043. A communication from the Chief CALENDAR EC–5033. A communication from the Sec- retary of Commerce, transmitting, pursuant of the Publications and Regulations Branch, The following bill was read the sec- to law, a report relative to the continuation Internal Revenue Service, Department of the Treasury, transmitting, pursuant to law, the ond time, and placed on the calendar: of a national emergency declared in Execu- report of a rule entitled ‘‘Application of Sec- tive Order 13222 with respect to the lapse of S. 2111. A bill to enhance punishment for tion 367 to Section 304 Transactions’’ (Notice the Export Administration Act of 1979; to the identity theft and other violations of data 2012–15) received in the Office of the Presi- Committee on Banking, Housing, and Urban privacy and security. dent of the Senate on February 13, 2012; to Affairs. f the Committee on Finance. EC–5034. A communication from the Direc- EC–5044. A communication from the Assist- MEASURES READ THE FIRST TIME tor of the Regulatory Management Division, ant Secretary, Office of Legislative Affairs, Environmental Protection Agency, transmit- The following bill was read the first Department of State, transmitting, pursuant ting, pursuant to law, the report of a rule en- to law, the report of a rule entitled ‘‘Visas: time: titled ‘‘Greenhouse Gas Reporting Program: Issuance of Full Validity L Visas to Quali- S. 2118. A bill to remove unelected, unac- Electronics Manufacturing (Subpart I): Revi- fied Applicants’’ (22 CFR part 41) received in countable bureaucrats from seniors’ personal sions to Heat Transfer Fluid Provisions’’ the Office of the President of the Senate on health decisions by repealing the Inde- (FRL No. 9633–5) received in the Office of the February 13, 2012; to the Committee on For- pendent Payment Advisory Board. President of the Senate on February 14, 2012; eign Relations. to the Committee on Environment and Pub- EC–5045. A communication from the Acting f lic Works. Chief Executive Officer, Corporation for Na- EXECUTIVE AND OTHER EC–5035. A communication from the Direc- tional and Community Service, transmit- COMMUNICATIONS tor of the Regulatory Management Division, ting, pursuant to law, the Corporation’s fis- Environmental Protection Agency, transmit- cal year 2013 Congressional Budget Justifica- The following communications were ting, pursuant to law, the report of a rule en- tion and fiscal year 2011 Annual Performance laid before the Senate, together with titled ‘‘Approval and Promulgation of Imple- Report; to the Committee on Health, Edu- accompanying papers, reports, and doc- mentation Plans; State of Missouri’’ (FRL cation, Labor, and Pensions. uments, and were referred as indicated: No. 9632–7) received in the Office of the Presi- EC–5046. A communication from the Direc- dent of the Senate on February 14, 2012; to tor of Regulations and Policy Management EC–5027. A communication from the Direc- the Committee on Environment and Public Staff, Food and Drug Administration, De- tor of the Regulatory Management Division, Works. partment of Health and Human Services, Environmental Protection Agency, transmit- EC–5036. A communication from the Direc- transmitting, pursuant to law, the report of ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, a rule entitled ‘‘Revisions to Labeling Re- titled ‘‘Pasteuria nishizawae—Pn 1; Exemp- Environmental Protection Agency, transmit- quirements for Blood and Blood Components, tion From the Requirement of a Tolerance’’ ting, pursuant to law, the report of a rule en- Including Source Plasma; Correction’’ (FRL No. 9337–2) received in the Office of the titled ‘‘Quality Assurance Requirements for (Docket No. FDA–2003–N–0097) received in the President of the Senate on February 14, 2012; Continuous Opacity Monitoring Systems at Office of the President of the Senate on Feb- to the Committee on Agriculture, Nutrition, Stationary Sources’’ (FRL No. 9630–7) re- ruary 13, 2012; to the Committee on Health, and Forestry. ceived in the Office of the President of the Education, Labor, and Pensions. EC–5028. A communication from the Direc- Senate on February 14, 2012; to the Com- EC–5047. A communication from the Sec- tor of the Regulatory Management Division, mittee on Environment and Public Works. retary of Health and Human Services, trans- Environmental Protection Agency, transmit- EC–5037. A joint communication from the mitting, pursuant to law, a report entitled ting, pursuant to law, the report of a rule en- Secretary of Health and Human Services and ‘‘Fiscal Year 2011 Performance Report to titled ‘‘Aureobasidium pullulans strains the Attorney General, transmitting, pursu- Congress for the Medical Device User Fee Amendments of 2007’’; to the Committee on DSM 14940 and DSM 14941; Exemption From ant to law, an annual report relative to the the Requirement of a Tolerance’’ (FRL No. Health, Education, Labor, and Pensions. Health Care Fraud and Abuse Control Pro- EC–5048. A communication from the Mem- 9337–3) received in the Office of the President gram for fiscal year 2011; to the Committee of the Senate on February 14, 2012; to the bers of the Railroad Retirement Board, on Finance. transmitting, pursuant to law, the Board’s Committee on Agriculture, Nutrition, and EC–5038. A communication from the Sec- Congressional Justification of Budget Esti- Forestry. retary of Health and Human Services, trans- EC–5029. A communication from the Direc- mates Report for fiscal year 2013; to the mitting, pursuant to law, the fiscal year 2011 Committee on Health, Education, Labor, and tor of the Regulatory Management Division, Report on the progress to date on imple- Environmental Protection Agency, transmit- Pensions. menting Congressionally mandated goals EC–5049. A communication from the In- ting, pursuant to law, the report of a rule en- and responsibilities of the Medicare-Med- spector General of the Railroad Retirement titled ‘‘Spirotetramat; Pesticide Tolerances icaid Coordination Office; to the Committee Board, transmitting, pursuant to law, the In- for Emergency Exemptions’’ (FRL No. 9332–9) on Finance. spector General’s Budget Justification Re- received in the Office of the President of the EC–5039. A communication from the Chair- port for fiscal year 2013; to the Committee on Senate on February 14, 2012; to the Com- man of the United States International Health, Education, Labor, and Pensions. mittee on Agriculture, Nutrition, and For- Trade Commission, transmitting, pursuant EC–5050. A communication from the Direc- estry. to law, the Commission’s Annual Perform- tor, Administrative Office of the United EC–5030. A communication from the Direc- ance Report for fiscal year 2011 and Adden- States Courts, transmitting, pursuant to tor of Defense Procurement and Acquisition dum to the Strategic Plan for fiscal years law, a report relative to time limitations es- Policy, Department of Defense, transmit- 2009–2014; to the Committee on Finance. tablished for deciding habeas corpus death ting, pursuant to law, the report of a rule en- EC–5040. A communication from the Chief penalty petitions; to the Committee on the titled ‘‘Defense Federal Acquisition Regula- of the Publications and Regulations Branch, Judiciary. tion Supplement; Business Systems-Defini- Internal Revenue Service, Department of the EC–5051. A communication from the Gen- tion and Administration’’ ((RIN0750–AG58) Treasury, transmitting, pursuant to law, the eral Counsel and Acting Executive Director, (DFARS Case 2009–D038)) received in the Of- report of a rule entitled ‘‘Definition of a Tax- U.S. Election Assistance Commission, trans- fice of the President of the Senate on Feb- payer’’ ((RIN1545–BF73) (TD 9576)) received in mitting, pursuant to law, a report entitled ruary 14, 2012; to the Committee on Armed the Office of the President of the Senate on ‘‘Fiscal Year 2011 Activities’’; to the Com- Services. February 13, 2012; to the Committee on Fi- mittee on Rules and Administration. EC–5031. A communication from the Direc- nance. EC–5052. A communication from the Sec- tor of Defense Procurement and Acquisition EC–5041. A communication from the Chief retary of the Commission, Bureau of Com- Policy, Department of Defense, transmit- of the Publications and Regulations Branch, petition, Federal Trade Commission, trans- ting, pursuant to law, the report of a rule en- Internal Revenue Service, Department of the mitting, pursuant to law, the report of a rule

VerDate Mar 15 2010 05:00 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.030 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S850 CONGRESSIONAL RECORD — SENATE February 16, 2012 entitled ‘‘Revised Jurisdictional Thresholds are allowed to receive for purposes of section certain steam generating units; to the Com- for Section 8 of the Clayton Act’’ received in 487 of the Higher Education Act of 1965, and mittee on Environment and Public Works. the Office of the President of the Senate on for other purposes; to the Committee on f February 13, 2012; to the Committee on Com- Health, Education, Labor, and Pensions. merce, Science, and Transportation. By Mr. WEBB (for himself, Mr. REED, SUBMISSION OF CONCURRENT AND EC–5053. A communication from the Acting and Mr. BROWN of Ohio): SENATE RESOLUTIONS S. 2117. A bill to increase access to adult Director, Office of Sustainable Fisheries, De- The following concurrent resolutions partment of Commerce, transmitting, pursu- education to provide for economic growth; to ant to law, the report of a rule entitled the Committee on Finance. and Senate resolutions were read, and ‘‘Fisheries of the Exclusive Economic Zone By Mr. CORNYN (for himself, Mr. referred (or acted upon), as indicated: Off Alaska; Reallocation of Pollock in the BURR, Mr. COBURN, Mr. ROBERTS, Mr. By Mr. KERRY: Bering Sea and Aleutian Islands’’ (RIN0648– BLUNT, Mr. GRASSLEY, Mr. LEE, Mr. S. Res. 379. An original resolution con- XA940) received in the Office of the President PAUL, Mr. COATS, Mr. INHOFE, Mr. demning violence by the Government of of the Senate on February 14, 2012; to the ISAKSON, Mr. RISCH, Mr. HELLER, Mr. Syria against the Syrian people; from the Committee on Commerce, Science, and BARRASSO, Mr. COCHRAN, Mr. RUBIO, Committee on Foreign Relations; placed on Transportation. Mr. MORAN, Mr. JOHANNS, Mr. THUNE, the calendar. EC–5054. A communication from the Ad- and Mr. CRAPO): By Mr. GRAHAM (for himself, Mr. LIE- ministrator, National Aeronautics and Space S. 2118. A bill to remove unelected, unac- BERMAN, Mr. CASEY, Ms. AYOTTE, Mr. Administration, transmitting, pursuant to countable bureaucrats from seniors’ personal BLUMENTHAL, Mr. BOOZMAN, Mr. law, a report entitled ‘‘National Aeronautics health decisions by repealing the Inde- BROWN of Massachusetts, Mr. BROWN and Space Administration: Acquisition Ap- pendent Payment Advisory Board; read the of Ohio, Mr. CARDIN, Mr. CHAMBLISS, proach for Commercial Crew Transportation first time. Mr. COATS, Ms. COLLINS, Mr. COONS, Includes Good Practices, but Faces Signifi- By Mr. UDALL of Colorado (for him- Mr. CORNYN, Mrs. GILLIBRAND, Mr. cant Challenges’’; to the Committee on Com- self, Mr. CARPER, Mr. COONS, Mr. HATCH, Mr. HELLER, Mr. HOEVEN, merce, Science, and Transportation. FRANKEN, and Mr. UDALL of New Mrs. HUTCHISON, Mr. INHOFE, Mr. Mexico): MCCAIN, Mrs. MCCASKILL, Mr. f S. 2119. A bill to establish a pilot program MENENDEZ, Ms. MIKULSKI, Mr. NEL- REPORTS OF COMMITTEES to address overweight/obesity among chil- SON of Florida, Mr. NELSON of Ne- dren from birth to age 5 in child care set- braska, Mr. PORTMAN, Mr. PRYOR, Mr. The following reports of committees tings and to encourage parental engagement; RISCH, Mr. SCHUMER, Mr. UDALL of were submitted: to the Committee on Health, Education, Colorado, Mr. WYDEN, Ms. SNOWE, Mr. By Mr. KERRY, from the Committee on Labor, and Pensions. VITTER, Mr. ISAKSON, and Mr. SES- Foreign Relations, without amendment with By Ms. MURKOWSKI (for herself, Mr. SIONS): a preamble: BROWN of Ohio, and Mr. BROWN of S. Res. 380. A resolution to express the S. Res. 379. An original resolution con- Massachusetts): sense of the Senate regarding the importance demning violence by the Government of S. 2120. A bill to require the lender or of preventing the Government of Iran from Syria against the Syrian people. servicer of a home mortgage upon a request acquiring nuclear weapons capability; to the by the homeowner for a short sale, to make Committee on Foreign Relations. f a prompt decision whether to allow the sale; to the Committee on Banking, Housing, and f EXECUTIVE REPORTS OF Urban Affairs. ADDITIONAL COSPONSORS COMMITTEE By Ms. KLOBUCHAR: S. 102 The following executive reports of S. 2121. A bill to modify the Department of nominations were submitted: Defense Program Guidance relating to the At the request of Mr. MCCAIN, the award of Post-Deployment/Mobilization Res- name of the Senator from North Caro- By Mr. LEAHY for the Committee on the pite Absence administrative absence days to lina (Mrs. HAGAN) was added as a co- Judiciary. members of the reserve components to ex- Kristine Gerhard Baker, of Arkansas, to be sponsor of S. 102, a bill to provide an empt any member whose qualified mobiliza- optional fast-track procedure the United States District Judge for the Eastern tion commenced before October 1, 2011, and District of Arkansas. continued on or after that date, from the President may use when submitting re- John Z. Lee, of Illinois, to be United States changes to the program guidance that took scission requests, and for other pur- District Judge for the Northern District of effect on that date; to the Committee on poses. Illinois. Armed Services. S. 418 George Levi Russell, III, of Maryland, to be By Mr. PAUL (for himself and Mr. At the request of Mr. HARKIN, the United States District Judge for the District LEE): of Maryland. S. 2122. A bill to clarify the definition of name of the Senator from California John J. Tharp, Jr., of Illinois, to be United navigable waters, and for other purposes; to (Mrs. FEINSTEIN) was added as a co- States District Judge for the Northern Dis- the Committee on Environment and Public sponsor of S. 418, a bill to award a Con- trict of Illinois. Works. gressional Gold Medal to the World (Nominations without an asterisk By Mr. ENZI (for himself, Mr. ALEX- War II members of the Civil Air Patrol. were reported with the recommenda- ANDER, Ms. AYOTTE, Mr. BARRASSO, S. 491 Mr. BLUNT, Mr. BOOZMAN, Mr. BURR, tion that they be confirmed.) At the request of Mr. PRYOR, the Mr. CHAMBLISS, Mr. COATS, Mr. f COBURN, Mr. COCHRAN, Ms. COLLINS, name of the Senator from Montana Mr. CORKER, Mr. CORNYN, Mr. CRAPO, (Mr. BAUCUS) was added as a cosponsor INTRODUCTION OF BILLS AND Mr. DEMINT, Mr. GRAHAM, Mr. GRASS- of S. 491, a bill to amend title 38, JOINT RESOLUTIONS LEY, Mr. HATCH, Mr. HELLER, Mr. United States Code, to recognize the The following bills and joint resolu- HOEVEN, Mrs. HUTCHISON, Mr. INHOFE, service in the reserve components of tions were introduced, read the first Mr. ISAKSON, Mr. JOHANNS, Mr. JOHN- the Armed Forces of certain persons by and second times by unanimous con- SON of Wisconsin, Mr. KYL, Mr. LEE, honoring them with status as veterans Mr. LUGAR, Mr. MCCAIN, Mr. MCCON- sent, and referred as indicated: under law, and for other purposes. NELL, Mr. MORAN, Mr. PAUL, Mr. By Mr. RUBIO: PORTMAN, Mr. RISCH, Mr. ROBERTS, S. 543 S. 2115. A bill to limit the authority of the Mr. RUBIO, Mr. SESSIONS, Mr. SHELBY, At the request of Mr. WYDEN, the Administrator of the Environmental Protec- Ms. SNOWE, Mr. THUNE, Mr. TOOMEY, name of the Senator from Mississippi tion Agency with respect to certain numeric Mr. VITTER, and Mr. WICKER): (Mr. WICKER) was added as a cosponsor nutrient criteria, and for other purposes; to S.J. Res. 36. A joint resolution providing of S. 543, a bill to restrict any State or the Committee on Environment and Public for congressional disapproval under chapter 8 Works. of title 5, United States Code, of the rule local jurisdiction from imposing a new By Mr. CARPER (for himself, Mr. submitted by the National Labor Relations discriminatory tax on cell phone serv- WEBB, Mr. HARKIN, Mrs. HAGAN, Mrs. Board relating to representation election ices, providers, or property. MCCASKILL, Mr. ROCKEFELLER, Mr. procedures; to the Committee on Health, S. 648 JOHNSON of South Dakota, and Mr. Education, Labor, and Pensions. At the request of Mrs. GILLIBRAND, FRANKEN): By Mr. INHOFE: S. 2116. A bill to count revenues from mili- S.J. Res. 37. A joint resolution to dis- the name of the Senator from Hawaii tary and veteran education programs toward approve a rule promulgated by the Adminis- (Mr. AKAKA) was added as a cosponsor the limit on Federal revenues that certain trator of the Environmental Protection of S. 648, a bill to require the Commis- proprietary institutions of higher education Agency relating to emission standards for sioner of Social Security to revise the

VerDate Mar 15 2010 05:00 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.036 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S851 medical and evaluation criteria for de- (Mr. WHITEHOUSE) was added as a co- ator from New York (Mr. SCHUMER), termining disability in a person diag- sponsor of S. 1787, a bill to amend the the Senator from New Jersey (Mr. nosed with Huntington’s Disease and to Internal Revenue Code of 1986 to im- MENENDEZ) and the Senator from Lou- waive the 24-month waiting period for pose a tax on certain trading trans- isiana (Mr. VITTER) were added as co- Medicare eligibility for individuals dis- actions. sponsors of S. 2099, a bill to amend the abled by Huntington’s Disease. S. 1796 Federal Deposit Insurance Act with re- S. 810 At the request of Mr. ISAKSON, the spect to information provided to the At the request of Ms. CANTWELL, the name of the Senator from Louisiana Bureau of Consumer Financial Protec- name of the Senator from New Jersey (Mr. VITTER) was added as a cosponsor tion. (Mr. MENENDEZ) was added as a cospon- of S. 1796, a bill to make permanent the S. 2104 sor of S. 810, a bill to prohibit the con- Internal Revenue Service Free File At the request of Mr. CARDIN, the ducting of invasive research on great program. name of the Senator from Arkansas apes, and for other purposes. S. 1884 (Mr. BOOZMAN) was added as a cospon- S. 905 At the request of Mr. DURBIN, the sor of S. 2104, a bill to amend the Water At the request of Mr. HARKIN, the name of the Senator from Pennsyl- Resources Research Act of 1984 to reau- name of the Senator from Vermont vania (Mr. CASEY) was added as a co- thorize grants for and require applied (Mr. LEAHY) was added as a cosponsor sponsor of S. 1884, a bill to provide water supply research regarding the of S. 905, a bill to amend the Internal States with incentives to require ele- water resources research and tech- Revenue Code of 1986 to allow a credit mentary schools and secondary schools nology institutes established under against income tax for the purchase of that Act. hearing aids. to maintain, and permit school per- sonnel to administer, epinephrine at AMENDMENT NO. 1516 S. 1086 schools. At the request of Mr. MCCAIN, the At the request of Mr. HARKIN, the name of the Senator from North Caro- names of the Senator from Maine (Ms. S. 1906 At the request of Mr. TESTER, the lina (Mrs. HAGAN) was added as a co- COLLINS) and the Senator from sponsor of amendment No. 1516 in- Vermont (Mr. SANDERS) were added as name of the Senator from California (Mrs. FEINSTEIN) was added as a co- tended to be proposed to S. 1813, a bill cosponsors of S. 1086, a bill to reauthor- to reauthorize Federal-aid highway and ize the Special Olympics Sport and sponsor of S. 1906, a bill to modify the Forest Service Recreation Residence highway safety construction programs, Empowerment Act of 2004, to provide and for other purposes. assistance to Best Buddies to support Program as the program applies to AMENDMENT NO. 1520 the expansion and development of men- units of the National Forest System At the request of Mr. BLUNT, the toring programs, and for other pur- derived from the public domain by im- name of the Senator from Georgia (Mr. poses. plementing a simple, equitable, and ISAKSON) was added as a cosponsor of S. 1161 predictable procedure for determining amendment No. 1520 intended to be pro- At the request of Mr. GRASSLEY, the cabin user fees, and for other purposes. posed to S. 1813, a bill to reauthorize name of the Senator from Wyoming S. 1925 Federal-aid highway and highway safe- (Mr. ENZI) was added as a cosponsor of At the request of Mr. LEAHY, the ty construction programs, and for S. 1161, a bill to amend the Food Secu- names of the Senator from Ohio (Mr. other purposes. rity Act of 1985 to restore integrity to BROWN) and the Senator from Hawaii AMENDMENT NO. 1549 and strengthen payment limitation (Mr. INOUYE) were added as cosponsors rules for commodity payments and of S. 1925, a bill to reauthorize the Vio- At the request of Mr. CARDIN, the benefits. lence Against Women Act of 1994. names of the Senator from Massachu- setts (Mr. KERRY), the Senator from S. 1494 S. 1971 New Jersey (Mr. LAUTENBERG), the Sen- At the request of Mrs. BOXER, the At the request of Mr. INHOFE, the ator from Colorado (Mr. UDALL), the name of the Senator from New Mexico name of the Senator from South Da- Senator from New Hampshire (Mrs. (Mr. UDALL) was added as a cosponsor kota (Mr. THUNE) was added as a co- SHAHEEN) and the Senator from of S. 1494, a bill to reauthorize and sponsor of S. 1971, a bill to provide for Vermont (Mr. SANDERS) were added as amend the National Fish and Wildlife the establishment of a committee to cosponsors of amendment No. 1549 in- Foundation Establishment Act. assess the effects of certain Federal tended to be proposed to S. 1813, a bill S. 1503 regulatory mandates and to provide for to reauthorize Federal-aid highway and At the request of Mr. BROWN of Mas- relief from those mandates, and for highway safety construction programs, sachusetts, the name of the Senator other purposes. and for other purposes. from Ohio (Mr. PORTMAN) was added as S. 2017 a cosponsor of S. 1503, a bill to decrease AMENDMENT NO. 1562 At the request of Mr. CARDIN, the At the request of Mr. LIEBERMAN, the the deficit by realigning, consoli- name of the Senator from Vermont dating, selling, disposing, and improv- names of the Senator from Delaware (Mr. SANDERS) was added as a cospon- (Mr. CARPER) and the Senator from ing the efficiency of Federal buildings sor of S. 2017, a bill to secure the Fed- and other civilian real property, and Massachusetts (Mr. BROWN) were added eral voting rights of persons when re- for other purposes. as cosponsors of amendment No. 1562 leased from incarceration. S. 1526 intended to be proposed to S. 1813, a S. 2043 At the request of Mrs. GILLIBRAND, bill to reauthorize Federal-aid highway the name of the Senator from West At the request of Mr. RUBIO, the and highway safety construction pro- name of the Senator from Ohio (Mr. Virginia (Mr. ROCKEFELLER) was added grams, and for other purposes. as a cosponsor of S. 1526, a bill to PORTMAN) was added as a cosponsor of AMENDMENT NO. 1613 amend the Internal Revenue Code of S. 2043, a bill to amend title XXVII of At the request of Mr. BEGICH, the 1986 to provide a tax incentive for the the Public Health Service Act to pro- name of the Senator from Michigan installation and maintenance of me- vide religious conscience protections (Ms. STABENOW) was added as a cospon- chanical insulation property. for individuals and organizations. sor of amendment No. 1613 intended to S. 1773 S. 2075 be proposed to S. 1813, a bill to reau- At the request of Mr. BROWN of Ohio, At the request of Mr. LEVIN, the thorize Federal-aid highway and high- the name of the Senator from Rhode Is- name of the Senator from Alaska (Mr. way safety construction programs, and land (Mr. WHITEHOUSE) was added as a BEGICH) was added as a cosponsor of S. for other purposes. cosponsor of S. 1773, a bill to promote 2075, a bill to close unjustified cor- AMENDMENT NO. 1625 local and regional farm and food sys- porate tax loopholes, and for other pur- At the request of Mr. JOHANNS, the tems, and for other purposes. poses. name of the Senator from Indiana (Mr. S. 1787 S. 2099 COATS) was added as a cosponsor of At the request of Mr. HARKIN, the At the request of Mr. JOHNSON of amendment No. 1625 intended to be pro- name of the Senator from Rhode Island South Dakota, the names of the Sen- posed to S. 1813, a bill to reauthorize

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All of this the names of the Senator from Con- kind of further education or training. is relevant to my longstanding per- necticut (Mr. BLUMENTHAL) and the There are other signs pointing to the sonal goal of promoting basic economic Senator from Minnesota (Ms. KLO- need for a better approach to adult fairness in our society. BUCHAR) were added as cosponsors of education. Consider adult education Other provisions of the Adult Edu- amendment No. 1649 intended to be pro- enrollment rates. In 1998 there were cation and Economic Growth Act will posed to S. 1813, a bill to reauthorize more than 4 million individuals en- improve workers’ readiness to meet the Federal-aid highway and highway safe- rolled in adult education programs. In demands of a global workforce by pro- ty construction programs, and for 2007, enrollments had dropped to just 2 viding pathways to obtain basic skills, other purposes. million. This is a 40 percent drop from job training, and adult education. AMENDMENT NO. 1652 when the Workforce Investment Act The act will provide workers with At the request of Mr. HARKIN, the was originally enacted in 1998. greater access to on-the-job training A growing number of U.S. skilled name of the Senator from Michigan and adult education by encouraging workers are facing retirement age and (Ms. STABENOW) was added as a cospon- public-private partnerships between the growth in skilled labor force has sor of amendment No. 1652 intended to government, business and labor. stagnated. Addressing the looming be proposed to S. 1813, a bill to reau- skills shortage in many sectors and re- The act will improve access to cor- thorize Federal-aid highway and high- gions in the U.S., through reinvest- rectional education programs to chan- way safety construction programs, and ment in our adult education system, nel former offenders into productive for other purposes. will result in an educated and literate endeavors and reduce recidivism. AMENDMENT NO. 1661 adult population. The act will encourage investment in At the request of Ms. KLOBUCHAR, the According to the Workforce Alliance, lower skilled workers by providing em- names of the Senator from Vermont 80 percent of jobs in today’s economy ployers with a tax credit if they invest (Mr. SANDERS) and the Senator from require some education beyond a high in their employee’s education. This tax Colorado (Mr. UDALL) were added as co- school degree. Yet there are 8 million credit is aimed at encouraging general sponsors of amendment No. 1661 in- adults in the workforce who have low and transferable skills development tended to be proposed to S. 1813, a bill literacy, limited English proficiency, that may be in the long term interest to reauthorize Federal-aid highway and or lack educational credentials beyond of most employers but are not always highway safety construction programs, high school. so clearly rewarded by the market. and for other purposes. With so many workers who are unem- This act focuses on addressing the f ployed or underemployed, it is clear unique needs of adults with limited STATEMENTS ON INTRODUCED that we should invest in the training or basic skills, with no high school di- BILLS AND JOINT RESOLUTIONS re-training of U.S. workers to fill this ploma, or with limited English pro- growing gap. ficiency. Those individuals who may By Mr. WEBB (for himself, Mr. Our legislation begins the vital task have taken a different path earlier in REED, and Mr. BROWN of Ohio): of addressing these problems. life, and who now find themselves eager S. 2117. A bill to increase access to Today, we are proposing a four- to go back to school and receive addi- adult education to provide for eco- pronged approach to strengthen the tional job training and skills, should be nomic growth; to the Committee on Fi- Nation’s workforce. First, we want to provided opportunities to get back on nance. build ‘‘on ramps’’ for American work- track. Mr. WEBB. Mr. President, today I am ers who need new skills and a better I encourage my colleagues to support reintroducing the Adult Education and education in order to improve their this important endeavor. Our Nation’s Economic Growth Act of 2012. This bill lives. Currently our adult education workforce and local communities will will address the critical needs in our programs are operating in silos and it be stronger for it. workforce by investing in adult edu- is critical that we improve the adult cation, job training and other work- education system through partnerships By Mr. UDALL of Colorado (for force programs needed to build a strong with businesses and workforce develop- himself, Mr. CARPER, Mr. and competitive 21st century work- ment groups. Just as importantly, we COONS, Mr. FRANKEN, and Mr. force. I am pleased to be joined in this want to encourage employers to help UDALL of New Mexico): initiative by Senators JACK REED and them, by offering tax credits to busi- S. 2119. A bill to establish a pilot pro- SHERROD BROWN. An identical bill has nesses that invest in their employees. gram to address overweight/obesity been reintroduced in the House of Rep- This government has long provided em- among children from birth to age 5 in resentatives by Congressman HINOJOSA. ployers with limited tax credits when child care settings and to encourage By almost any measure, our Nation they help their employees go to college parental engagement; to the Com- faces a critical need to strengthen ex- or graduate school. It is basic logic and mittee on Health, Education, Labor, isting programs of adult education. Our to the national good, that we should and Pensions. current adult education system falls provide similar incentives for basic short in preparing our people to com- adult education. Mr. UDALL of Colorado. Mr. Presi- pete globally. In fact, fewer than 3 mil- Second, we must modernize the deliv- dent, today I am introducing the lion of the 93 million people who could ery system of adult education by har- Healthy Kids from Day One Act—a bill benefit from these services actually re- nessing the increased use of technology that will add another tool to our tool- ceive them. in workforce skills training and adult box for tackling the national epidemic The U.S. labor market has changed education. The bill provides incentives of childhood obesity. Today, about one dramatically with the advent of new to states and local service providers to in three children is either overweight technology and with the loss of jobs in increase their use of technology and or obese, and nearly 21 percent of our the manufacturing sector. The need for distance learning in adult education. littlest ones—those in preschool—are well-trained and highly skilled workers Many adult learners cannot afford the obese or overweight. This problem has has increased. At the same time, our time or money to travel to a classroom become an epidemic, and I want to adult education system, which should and deploying technology will help thank Senators COONS, CARPER, effectively prepare our low-skill work- meet this need. FRANKEN, and TOM UDALL for joining ers to meet the demands of this shift- Third, our bill establishes stronger me in introducing this important legis- ing economy, has not kept pace with assessment and accountability meas- lation. this changing workforce. ures. The Healthy Kids from Day One Act Since 2002, the Federal Government This bill authorizes a rather modest seeks to focus on the childcare setting has consistently decreased funding for $500 million increase in funding to in- as a part of our strategy to combat adult education. In addition, the Na- vigorate state and local adult edu- childhood obesity and get kids healthy tion’s primary Federal resource for cation programs nationwide to increase and moving again. This bill recognizes adult education, job training and em- the number of adults with a high that in order to reduce the prevalence

VerDate Mar 15 2010 03:42 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.041 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S853 of childhood obesity, we must reach By Mr. ENZI (for himself, Mr. from the regulated community, which children in as many settings as pos- ALEXANDER, Ms. AYOTTE, Mr. was clearly quite engaged on the pro- sible and particularly in the places BARRASSO, Mr. BLUNT, Mr. posal, it would certainly have received where they live, learn, and play. With BOOZMAN, Mr. BURR, Mr. CHAM- even more comments. Yet this rel- 75 percent of U.S. children aged 3 to 5 BLISS, Mr. COATS, Mr. COBURN, atively small agency reported that it years in childcare and 56 percent in Mr. COCHRAN, Ms. COLLINS, Mr. gone through all 65,957 comments in centers, including nursery schools, CORKER, Mr. CORNYN, Mr. just the 7 weeks they took to release a preschools, and full-day centers, it CRAPO, Mr. DEMINT, Mr. GRA- modified rule, which was then final- makes sense to focus on the preschool HAM, Mr. GRASSLEY, Mr. HATCH, ized. The rule was finalized just days and childcare environment. Experts are Mr. HELLER, Mr. HOEVEN, Mrs. before the board lost its quorum with increasingly acknowledging this set- HUTCHISON, Mr. INHOFE, Mr. the expiration of Member Becker’s re- ting as critical to obesity prevention. ISAKSON, Mr. JOHANNS, Mr. cess appointment term. Under any cir- For example, this past October the JOHNSON of Wisconsin, Mr. KYL, cumstances, a rulemaking this hasty Robert Wood Johnson Foundation re- Mr. LEE, Mr. LUGAR, Mr. looks suspicious. In this case, there is leased a research synthesis on how MCCAIN, Mr. MCCONNELL, Mr. simply no justification for the rush. childcare settings can promote healthy MORAN, Mr. PAUL, Mr. Today’s secret ballot elections occur eating and physical activity. Further- PORTMAN, Mr. RISCH, Mr. ROB- in a median timeframe of 38 days. more, an article in the January 2012 ERTS, Mr. RUBIO, Mr. SESSIONS, Unions win more than 71 percent of issue of Pediatrics examined barriers Mr. SHELBY, Ms. SNOWE, Mr. elections—their highest win rate on to children’s physical activity in THUNE, Mr. TOOMEY, Mr. VIT- record. The current system does not childcare. TER, and Mr. WICKER): disadvantage labor unions at all. But it Childcare providers want to create S.J. Res. 36. A joint resolution pro- does ensure there is fairness for the healthy environments for children but viding for congressional disapproval employees whose right it is to make vary in the expertise or resources need- under chapter 8 of title 5, United the decision of whether or not to form ed to achieve this goal. This legislation States Code, of the rule submitted by a union, to pay union dues, and to have builds on a bill I introduced with Sen- the National Labor Relations Board re- some of their dues go into political ator FRANKEN in 2010 by supporting the lating to representation election proce- campaigns and have the full oppor- establishment of childcare collabo- dures; to the Committee on Health, tunity to hear from both sides about rative workshops at the local level to Education, Labor, and Pensions. the ramifications of that decision—to offer childcare providers the tools, Mr. ENZI. Mr. President, I rise today have the time to get full disclosure. training, and assistance they need to after introducing a Congressional Re- There is supposed to be a poster that encourage healthy eating and physical view Act Resolution of Disapproval to notifies employees of their right not to activity. This bill supplements some of stop the National Labor Relations have their money go into political the work being done right now by the Board’s unfair and unnecessary ambush campaigns, but this administration has First Lady in her Let’s Move Child elections rule. I am pleased that 43 fel- taken that off of the poster so they are Care initiative, as it would bring to- low Senators have cosponsored this no longer informed of that right. gether, in interactive collaborative resolution. I know it will draw more This principle of law has been upheld learning sessions, relevant entities support on the Senate floor as people over nearly seven decades. It was Sen- needed for meaningful childhood-obe- learn the details of the new rule. ator John F. Kennedy who argued dur- sity prevention. This administration’s National Labor Obesity has serious health and eco- ing the debate over the 1959 amend- Relations Board has done a lot of con- ments to the law, saying: nomic consequences. It puts our chil- troversial things, but the ambush elec- dren at greater risk of costly but pre- tions rule stands out because it is a po- There should be at least a 30-day interval ventable chronic illnesses, such as dia- between the request for an election and the liticized and unjustified effort to make holding of an election . . . in which both par- betes, heart disease, and stroke. Obe- a fair system less fair, and it is being ties can present their viewpoints. sity also comes at a tremendous cost to rushed into effect over tremendous ob- Frankly, whenever I hear a govern- our society. The total economic cost is jection. ment decision that aims to limit infor- estimated at $300 billion annually, and, The National Labor Relations Act, mation available to citizens and de- as the Nation’s youth continues to age, which the National Labor Relations press free speech, I am very concerned. further costs will be added to the na- Board enforces, is a carefully balanced tional health care system if these law that protects the rights of employ- It was that sort of agenda that was be- trends continue. Obesity also has im- ees to join or not join a union and also hind the card check legislation which pacted our ability to recruit healthy, protects the rights of employers to free was defeated in the Senate. Let me re- young servicemembers into the mili- speech and unrestricted flow of com- peat that. It was that sort of agenda tary and maintain a strong national merce. that was behind the card check legisla- defense. Since it was enacted in 1935, changes tion that was defeated in the Senate. I My childhood and much of my adult to this statute have been rare. When am afraid this rule has been hatched in life has been spent in the great out- they do occur, it is the result of careful the same laboratory, and I hope it will doors, and I have tried to bring my en- negotiations with all the stakeholders. meet the same fate. thusiasm for being active and exploring Most of the questions that come up The ambush elections rule eliminates the world around us here to the U.S. under the law are handled through de- the 25-day waiting period to conduct Congress as a cochair of the Senate cisions of the board. Board decisions elections in cases where a party has Outdoor Recreation Caucus. I firmly often do change the enforcement of the filed a preelection request for review. believe that we need to reconnect folks law significantly, but they are issued It effectively eliminates the oppor- with the idea that being active is fun in response to an actual dispute and an tunity for parties to voice objections and rewarding, and it can help us lower actual question of law. In contrast, the and settle issues before the elections health care costs and improve the qual- ambush elections rule is not a response and limits the ability to address them ity of life here in America. to a real issue because the current elec- after elections as well. I would like to thank Nemours, Trust tion process for certifying whether em- What are we trying to hide? The ef- for America’s Health, the YMCA of the ployees want to form a union is not fect of these changes will be union cer- USA, the American Academy of Pediat- broken. tification elections held in as few as 10 rics, and the American Heart Associa- This rule was not carefully nego- days. Union organizers will hand-select tion for working with me to develop tiated by stakeholders. Instead, it was members of the bargaining unit, and this legislation. This bill builds upon rushed into place over just 6 months, any review of the appropriateness of their expertise with obesity preven- despite the fact that it drew over 65,000 the unit makeup or status of employ- tion. comments in the 2-month period after ees who may qualify as supervisors will I urge my colleagues to join me in it was first proposed. be postponed until after the election— the fight against childhood obesity by Had the board held the comment pe- something always done before the elec- supporting this bill. riod open longer to allow more input tion. Employees will be voting on

VerDate Mar 15 2010 05:00 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.065 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S854 CONGRESSIONAL RECORD — SENATE February 16, 2012 whether to form a union without any The President has redefined a recess NATIONAL ASSOCIATION idea of who will actually be in the bar- appointment in order to keep it going. OF MANUFACTURERS, gaining unit. There is no law that allowed that. Washington, DC, February 16, 2012. Hon. MICHAEL B. ENZI, Employers will be caught off guard There is no change that has been made and potentially flying blind with re- Ranking Member, Committee on Health, Edu- that would allow a President to do cation, Labor and Pensions, U.S. Senate, gard to their rights under the law, par- something different than has ever been Washington, DC. ticularly small businesses. Union orga- done before. But he did it. He redefined DEAR SENATOR ENZI: On behalf of the Na- nizers spend months, if not years, orga- the recess appointment in order to tional Association of Manufacturers (NAM), nizing and spreading their message to keep the Board going. I am writing to express manufacturers’ the employees, unbeknownst to the strong support for S.J. Res. 36, the ‘‘Resolu- employer. So when a union files a rep- A few weeks ago, National Labor Re- tion of Disapproval’’ of the National Labor resentation petition, employers are al- lations Board Chairman Pearce an- Relations Board’s (NLRB) rule relating to ready at a significant disadvantage in nounced that he intends to push representation election procedures. educating employees about their views through even more controversial The NAM is the nation’s largest industrial trade association, representing small and on unionization. Employers also use changes to the elections rules before large manufacturers in every industrial sec- this time to consult with their attor- the end of the year. He is planning to tor and in all 50 states. The NAM’s mission neys to ensure their actions are per- require a mandatory hearing 7 days is to enhance the competitiveness of the missible under the law. Shortening the after a petition is filed. Employers manufacturing economy by advocating poli- time period will increase the likelihood would be forced to file a position state- cies that are conducive to U.S. economic that employers will act hastily, open- ment on important legal questions at growth. The NLRB’s rule relating to representation ing themselves to unfair labor practice the hearing or lose the right to subse- charges that have very severe con- election procedures, finalized in December, quently argue those issues. He plans to represents one of many recent actions and sequences. require employers to provide personal I am particularly concerned about decisions made by the NLRB, stifling eco- employee information to union orga- nomic growth and job creation. These ac- the small businesses that will be am- tions would burden manufacturers with bushed under this rule. Instead of fo- nizers, such as e-mail addresses, within 2 days. Do you think the employees harsh rules, making it harder to do business cusing on growing and creating more in the United States. The rule would limit jobs, they will be swamped with legal want to be harassed with e-mails? I what issues and evidence can be presented at issues, with bargaining obligations, a doubt it. These changes would com- a pre-election hearing, potentially leaving less flexible workforce, and increased pletely cripple any employer’s ability important questions unresolved until after costs across the board. Most small to have a voice in the decisionmaking an election has taken place, making these businesses likely have no idea about process, let alone a small employer’s. questions moot. the changes being made by the Na- Furthermore, the rule would also elimi- Enacting a resolution of disapproval nate the current 25–day ‘‘grace period,’’ com- tional Labor Relations Board because of the ambush elections rule would pre- pressing the time frame for elections to the rule was rushed into place so hast- vent Chairman Pearce from promul- occur in approximately 20 days. Business ily. gating these destruction changes. It owners would effectively be stripped of legal Instead of directing the National would not roll back any rights or privi- rights ensuring a fair election and those who Labor Relations Board to focus on en- leges, it would simply return these lack resources, or in house legal expertise, forcing current law rather than am- will be left scrambling to navigate and un- bushing small business job creators and workplace rules to current law. Cur- derstand complex labor processes with too their employees, President Obama has rent law. Not current rule, current law. little time. Moreover, employees will be de- stacked the Board with unconstitu- It just returns it to the workplace nied the ability to make fully informed deci- tional recess appointees and requested rules we have under current law. I will sions about whether they want to join a union. Finally, the NLRB has not provided a $15 million increase in their budget. remind my colleagues that current law is a fair system under which employees any evidence such a rule is needed in order He simply doesn’t understand. He to address a systematic problem of represen- doesn’t get it. retain the right to decide by secret bal- tation election delays. Absent any justifica- By passing this resolution through lot election whether to form a union. tion, the NAM believes the rule is unneces- both the House and Senate, we will Elections occur in a median of 38 days, sary and will create problems where none strike a victory for those on the side of and unions win 71 percent of the elec- currently exist. job creation and fairness to employees. tions. S.J. Res. 36 would send a strong message to It will also send a very important mes- the NLRB and rein in the agency, whose ac- I ask unanimous consent to have sage to a runaway agency. Under this tions have resulted in the most dramatic printed in the RECORD letters of sup- changes to labor law in 75 years, threatening administration, the National Labor Re- port from a number of groups. the ability of business owners to create and lations Board has been more controver- retain jobs. We look forward to continuing to sial than most observers can ever re- There being no objection, the mate- work with you on our shared goals for a member. They have flouted the inten- rial was ordered to be printed in the strong economy, job creation and promoting tions of Congress repeatedly. RECORD, as follows: fair and balanced labor laws. NLRB REPRESENTATION ELECTION STATUS THROUGH THE YEARS

Election Fiscal year Cases agreement % Median days 56-day %

2011 ...... 2010 ...... 1790 92 .1 38 95.1 2009 ...... 1690 91 .9 37 95.5 2008 ...... 2085 91 .8 38 95.1 2007 ...... 2080 91 .2 39 93.9 2006 ...... 2296 91 .1 38 94.2 2005 ...... 2715 89 39 93.6 2004 ...... 2537 89 39 93.6 2003 ...... 2659 88 .5 40 92.5 2002 ...... 2871 86 .1 41 91 2001 ...... 2842 88 .2 40 N/A 10 year Average ...... 2356 89 .9 38.9 93.8

NATIONAL RESTAURANT ASSOCIATION, of the Congressional Review Act (CRA) to The ambush election regulations would, in February 15, 2012. challenge the National Labor Relations practice, deny employees’ proper access to MICHAEL B. ENZI, Board’s (NLRB) decision to issue ‘‘ambush information on unions, while restricting em- Ranking Member, Senate Health, Education, election’’ regulations. These regulations ployers’ rights of free speech and due proc- Labor, & Pensions,Washington, DC. make it more difficult for small businesses ess. Specifically, the ambush election regula- DEAR SENATOR ENZI: We write on behalf of to respond and educate their employees dur- tions restrict an employer’s ability to raise the National Restaurant Association to com- ing union election campaigns. substantive issues and concerns prior to a mend you on your leadership urging the use union election, such as allowing the NLRB

VerDate Mar 15 2010 03:34 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.066 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S855 to limit the issues raised at a pre-election the NLRB will fuel economic uncertainty On behalf of millions of job creators con- hearing and preventing an employer from and have serious negative ramifications for cerned with mounting threats to the basic raising objections to the size and scope of a millions of American workers. We applaud tenets of free enterprise, the Coalition for a unit. you for introducing S.J. Res. 36 and urge Democratic Workplace thanks you for intro- The ambush election regulations would Congress to immediately pass this much- ducing S.J. Res. 36 and its companion resolu- also eliminate the requirement that a union needed resolution. tion in the House of Representatives, which election not be held within 25 days after a Sincerely, provide for congressional disapproval and hearing judge rules on pre-election matters. GEOFFREY G. BURR, nullification of the National Labor Relations As NLRB Board Member Brian Hayes points Vice President, Federal Affairs. Board’s (NLRB or Board) rule related to rep- out, the intent of the ambush election regu- resentation election procedures. This ‘‘am- lations is to ‘‘eviscerate an employer’s le- NATIONAL RETAIL FEDERATION, bush’’ election rule is nothing more than the gitimate opportunity to express its views February 16, 2012. Board’s attempt to placate organized labor about collective bargaining.’’ Hon. MICHAEL B. ENZI, by effectively denying employees’ access to We praise your leadership on this issue and U.S. Senate, 379A Russell Senate Office Build- critical information about unions and strip- look forward to assisting you as this matter ing, Washington, DC. ping employers of free speech and dues proc- moves toward a floor vote in the US Senate. DEAR SENATOR ENZI: On behalf of the Na- ess rights. The rule poses a threat to both Sincerely, tional Retail Federation (NRF), I am writing employees and employers. We support S.J. ANGELO I. AMADOR, ESQ., to you urge your support for the Joint Reso- Res. 36 and its House companion and urge Vice President Direc- lution of Disapproval challenging the Na- Congress to immediately pass these much- tor, Labor & Work- tional Labor Relations Board’s (NLRB) rule needed resolutions, which will nullify the force Policy. on ambush elections. Senator Mike Enzi has ambush election proposal. The Coalition for a Democratic Workplace, MICHELLE REINKE introduced this resolution, and NRF urges a group of more than 600 organizations, has NEBLETT, you to support this legislation. been united in its opposition to the so-called Director, Labor & As the world’s largest retail trade associa- ‘‘Employee Free Choice Act’’ (EFCA) and Workforce Policy. tion and the voice of retail worldwide, NRF’s global membership includes retailers of all EFCA alternatives that pose a similar threat to workers, businesses and the U.S. econ- ASSOCIATED BUILDERS sizes, formats and channels of distribution as omy. Thanks to the bipartisan group of AND CONTRACTORS, INC., well as chain restaurants and industry part- elected officials who stood firm against this February 16, 2012. ners from the United States and more than damaging legislation, the threat of EFCA is The Hon. MICHAEL B. ENZI, 45 countries abroad. In the U.S., NRF rep- less immediate this Congress. Politically U.S. Senate, resents an industry that includes more than powerful labor unions, other EFCA sup- Washington, DC. 3.6 million establishments and which di- porters, and their allies in government are DEAR SENATOR ENZI: On behalf of Associ- rectly and indirectly accounts for 42 million not backing down, however. Having failed to ated Builders and Contractors (ABC), a na- jobs—one in four U.S. jobs. The total U.S. achieve their goals through legislation, they tional association with 74 chapters rep- GDP impact of retail is $2.5 trillion annu- are now coordinating with the Board and the resenting more than 22,000 merit shop con- ally, and retail is a daily barometer of the Department of Labor (DOL) in what appears struction and construction-related firms, I health of the nation’s economy. Senator Enzi’s resolution will relieve the to be an all-out attack on job-creators and am writing to thank you for introducing S.J. serious threat to both employees and em- employees in an effort to enact EFCA Res. 36, which provides for congressional dis- ployers posed by a recently finalized NLRB through administrative rulings and regula- approval and nullification of the National rule regarding election timing. The rule, an- tions. Labor Relations Board’s (NLRB) rule related nounced December 21, 2011, would drastically On June 21, 2011, the Board proposed its to representation election procedures. ABC change the process for union representation ambush election rule, which was designed to supports S.J. Res. 36 and urges Congress to elections and would severely limit worker significantly speed up the existing union immediately pass this much-needed resolu- access to information needed to make an in- election process and limit employer partici- tion, which will nullify the ambush election formed decision about whether or not to vote pation in elections. At the time, Board Mem- proposal. in favor of a union. ber Hayes warned that ‘‘the proposed rules The ambush election rule is nothing more The average amount of time that elapses will (1) shorten the time between filing of than the Board’s attempt to promote the in- in a NLRB election is presently 37 days. the petition and the election date, and (2) terests of organized labor by effectively de- Under the new rule, a vote could happen in substantially limit the opportunity for full nying employees access to critical informa- as few as fourteen days, leaving an employer evidentiary hearing or Board review on con- tion about the pros and cons of union rep- little time to prepare for an election. More- tested issues involving, among other things, resentation. Stripping employers of free over, since a union can be organizing for an appropriate unit, voter eligibility, and elec- speech and the ability to educate their em- election and talking to employees for up to tion misconduct.’’ Hayes noted the effect ployees, the rule poses a threat to both em- a year before a formal petition for an elec- would be to ‘‘stifle debate on matters that ployees and employers. tion is submitted to the NLRB, the new rule demand it.’’ The Board published a final rule In August, ABC criticized the NLRB pro- severely tilts the playing field against em- on December 22, 2011, with an April 30, 2012 posed ambush rule that could dramatically ployers. As a result, the quality and quantity effective date. While it somewhat modified shorten the time frame for union organizing of information available to employees in the original proposal, the final rule is iden- elections from the current average of 38 days consideration of the issue will be severely tical in purpose and similar in effect to the to as few as 10 days between when a petition unbalanced; and the rights of employees who proposal. is filed and the election occurs. ABC sub- do not favor the union position will be un- The NLRB’s own statistics reveal the aver- mitted comments to the NLRB stating the dermined. age time from petition to election was 31 proposed rule would significantly impede the This action by the NLRB, taken along with days, with over 90% of elections occurring ability of construction industry employers a series of other extraordinary rulings over within 56 days. There is no indication that to protect their rights in the pre-election the course of the last nine months, are noth- Congress intended a shorter election time hearing process; hinder construction employ- ing more than an attempt to impose the Em- frame, and indeed, based on the legislative ers ability to share facts and information re- ployee Free Choice Act (card-check) on em- history of the 1959 amendments to the Na- garding union representation with their em- ployees and employers through regulation. tional Labor Relations Act, it is clear Con- ployees; and impose numerous burdens with- We urge you to strongly reject this ‘‘back- gress believed that an election period of at out any reasoned justification on small door’’ card check agenda by a board of least 30 days was necessary to adequately as- merit shop businesses and their employees, unelected bureaucrats and restore balance to sure employees the ‘‘fullest freedom’’ in ex- which constitute the majority of the con- the organizing process so that we can start ercising their right to choose whether they struction industry. In the largest response removing the economic uncertainty facing wish to be represented by a union. As then on record, the NLRB received more than both employers and employees. Senator John F. Kennedy Jr. explained, a 30- 70,000 comments regarding the proposal, NRF is fully behind Senator Enzi’s effort, day period before any election was a nec- many of which strongly opposed the changes. and we urge you to support the Joint Resolu- essary ‘‘safeguard against rushing employees The Board published a final rule on Decem- tion of Disapproval. We look forward to into an election where they are unfamiliar ber 22, 2011, with an April 30, 2012 effective working with the Senate to move this Reso- with the issues.’’ Senator Kennedy stated date. While it somewhat modified the origi- lution forward. ‘‘there should be at least a 30-day interval nal proposal, disposing of the rigid seven- Sincerely, between the request for an election and the and two-day requirements, the final rule is DAVID FRENCH, holding of the election’’ and he opposed an identical in purpose and similar in effect to Senior Vice President, Government Relations. amendment that failed to provide ‘‘at least the August proposal. 30 days in which both parties can present At this time of economic challenges, it is COALITION FOR A their viewpoints.’’ unfortunate that the NLRB continues to DEMOCRATIC WORKPLACE, The current election time frames are not move forward with policies that threaten to February 16, 2012. only reasonable, but permit employees time paralyze the construction industry and stifle DEAR SENATORS ENZI AND ISAKSON AND to hear from both the union and the em- job growth. If left unchecked, the actions of REPRESENTATIVES KLINE, ROE AND GINGREY: ployer and make an informed decision, which

VerDate Mar 15 2010 03:34 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.053 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S856 CONGRESSIONAL RECORD — SENATE February 16, 2012 would not be possible under the ambush elec- quirements in these EPA rules that re- 11-percent rate increase on average tion rule. In fact, in other situations involv- quire different industries to do things that it would cost if we were to pass ing ‘‘group’’ employee issues, Congress re- where there is no technology available this Utility MACT under the regula- quires that employees be given at least 45 to allow them to get that done. So the tions of the utilities. This would send days to review relevant information in order to make a ‘‘knowing and voluntary’’ deci- Utility MACT is one of the most expen- ripple effects throughout the economy, sion. (This is required under the Older Work- sive environmental rules in American causing approximately 1.4 million net ers Benefit Protection Act when employees history, second only to President job losses by 2020. And it is not just evaluate whether to sign an age discrimina- Obama’s cap-and-trade rules, which he jobs in the coal industry that would be tion release in the context of a program of- was unable to achieve legislatively. affected. fered to a group or class of employees.) Also, Left untouched, the Utility MACT Dr. Bernard Weinstein of the Maguire in many cases, employers, particularly small would destroy over 1 million jobs and Energy Institute at Southern Meth- ones, will not have enough time under the cost the American economy billions of odist University has estimated EPA’s rule’s time frames to secure legal counsel, let alone an opportunity to speak with em- dollars. air rules could endanger 1 million man- ployees about union representation or re- My CRA, the Congressional Review ufacturing jobs outside of the coal and spond to promises union organizers may Act, will be the moment of truth for a utility industry losses. Workers re- have made to secure union support, even majority in this body who understand cently laid off in Ohio, Kentucky, and though many of those promises may be com- how harmful the Obama EPA regu- West Virginia are feeling the dev- pletely unrealistic. Given that union orga- latory agenda will be for their con- astating impacts of the rule. Sadly, nizers typically lobby employees for months stituents. Remember, last year at this these lost jobs are all part of Obama’s outside the workplace without an employer’s time 64 Senators voted in different wider war on coal and fossil fuels. knowledge, these ‘‘ambush’’ elections would ways to rein in the EPA’s destructive You might remember that he admit- often result in employees’ receiving only half the story. They would hear promises of greenhouse gas regulations. I had a bill ted this was his goal in the campaign raises and benefits that unions have no way to take away the jurisdiction from the of 2008 when he said: of guaranteeing, without an opportunity for Environmental Protection Agency to If somebody wants to build a coal-fired the employer to explain its position and the regulate greenhouse gases. It was plant they can. It’s just that it will bankrupt possible inaccuracies put forward by the called the Energy Tax Prevention Act. them. And under my plan of a cap-and-trade union. At the same time, there was another I system, electricity rates would necessarily For these reasons, we thank you for intro- call a cover vote. Sometimes when you skyrocket. ducing S.J. Res. 36 and its House companion want to tell people at home that you When the cap-and-trade failed, and urge Congress to immediately pass these Obama began aggressively pursuing much-needed resolutions. If left unchecked, are against something, you can have a the actions of the NLRB will fuel economic less maybe severe vote, and there hap- these goals through an executive regu- uncertainty and have serious negative rami- pens to be a cover vote that takes latory barrage of unelected bureau- fications for millions of employers, U.S. place. crats. So companies such as Solyndra workers they have hired or would like to The bottom line is 64 of the 100 Sen- got big cash payoffs while a regulatory hire, and consumers. ators voted to do something about the train wreck was unleashed by the EPA Sincerely, overregulation that is coming out of to destroy America’s fossil fuel indus- GEOFFREY BURR, try. Chairman. the Environmental Protection Agency. That particular one was on the regula- The political climate is much dif- Mr. ENZI. Mr. President, I look for- tion that would be the most expensive ferent now than it was in the days ward to the opportunity to debate this of all. when global warming alarmists could resolution on the floor, and I thank the The Utility MACT I am offering the bask in their historical gloom-and- Senators who have joined me as origi- CRA on now is probably the second doom predictions about the end of the nal cosponsors. most expensive. But to refresh your world. Now, President Obama wouldn’t I yield the floor, and I suggest the ab- memory, in order to have the EPA dare say anything like that because sence of a quorum. the American people no longer are buy- The PRESIDING OFFICER. The have jurisdiction of the greenhouse ing it. Instead, he has begun touting oil clerk will call the roll. gases, they had to somehow come up and gas development and saying he is The assistant editor of the Daily Di- with an endangerment finding. They for an all-out, all-of-the-above energy gest proceeded to call the roll. did, and they based it on the IPCC science that gave rise to the concern strategy. In an election year, he knows By Mr. INHOFE: that was exposed in climategate. I the American people want the hun- S.J. Res. 37. A joint resolution to dis- think everyone understands that was dreds of thousands of jobs and afford- approve a rule promulgated by the Ad- flawed science. But, nonetheless, that able energy prices that come with do- ministrator of the Environmental Pro- is what they used. That is why we were mestic oil and gas. tection Agency relating to emission able to get two-thirds of this body to But he is clearly still determined to standards for certain steam generating object to the EPA regulating green- achieve his global warming agenda. His units; to the Committee on Environ- house gases. war on affordable energy is moving un- ment and Public Works. I think the bottom line now is that derneath the radar and wrapped in lies Mr. INHOFE. Mr. President, I want there are more than a dozen Senate about protecting public health. Make to announce that I introduced a resolu- Democrats who have claimed they no mistake, the train wreck will tion of disapproval just a few minutes want to rein in the EPA because they achieve all of Obama’s global warming ago under the Congressional Review know the devastating impact the Agen- objectives, and it will severely under- Act. cy’s regulatory train wreck will have mine our Nation’s economy in the A lot of people don’t know what the at home. The Senators understand if process. So I will spend just a moment Congressional Review Act is, but it is their constituents lose their jobs as a on that. an act that will allow Congress to look result of these overregulations, they When President Obama could not at some of the regulations. If there is might lose their jobs. achieve cap-and-trade through legisla- something they don’t believe is in the So today the Senate can look forward tion, he said he would just do it best interest of the country, they are to having one more opportunity to through regulations. EPA’s greenhouse able to introduce something to rescind stand up to President Obama’s war on gas regime will cost American families that. It would call for a vote, and the affordable energy. They can vote for between $300 billion and $400 billion a vote would be a 51-vote. So it is one this CRA which will put a halt to one year. This is important because no one that has not been used very much, but of the Obama EPA’s most expensive has refuted this. We have gone through it is a measure that would prevent, in and economically destructive rules. the Kyoto convention, and that was a this case the Obama EPA, from going Under the Utility MACT, it would range that was given to us by the through with its Utility MACT. cost American families—and nobody Wharton econometrics survey at that MACT is the maximum achievable disagrees with this—the range is be- time. And several others chimed in— control technology. That is used quite tween $11 billion and $18 billion in elec- MIT chimed in, CRA chimed in. So the often because there are sometimes re- tricity rate increases. That is over an cost of regulating greenhouse gas

VerDate Mar 15 2010 03:34 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.056 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S857 would be about $300 billion to $400 bil- security, yet he stopped the Keystone nent. It is interesting that only yester- lion a year. Pipeline. day President Obama sent his Energy When we talk about billions and tril- I am very proud of a lot of Senators Secretary, Steven Chu, to Georgia, to lions of dollars, I am like everybody in here who have talked about it. Sen- take credit for the 5,800 jobs that will else. I have a hard time seeing how ator HOEVEN, for example, is very fa- be created when two new nuclear reac- that really affects us. In my State of miliar with it because of the produc- tors are built there. As Secretary Chu Oklahoma, I regularly determine each tion in his State. We are talking about said yesterday: year how many families in my State of the sands up in Alberta and bringing In his State of the Union Address, Presi- Oklahoma are going to file a tax re- them down through the United States. dent Obama outlined a blueprint for an turn, and then I do the math. This par- I am interested in this because Cush- American economy that is built to last and ticular one, at $300 billion a year, ing, OK, happens to be one of the inter- develops every available source of American would cost each family filing a tax re- sections that is there for the pipeline. energy. Nuclear power is an important part turn in my State of Oklahoma about So here is something there is abso- of that blueprint. $3,000 a year. Now, that is not just lutely no reason to do away with ex- Yes, nuclear power is so important once, that would be every year. cept to kill oil because we know the that President Obama forgot to men- What do you get for it? And this is pipeline is going to bring oil down into tion it in his very long State of the the thing that I think is important, the United States through, I might say, Union message. To send Secretary Chu and the American people finally have my State of Oklahoma down to the to Georgia is kind of ironic, given that caught on. They have admitted that coast where it can be used. A lot of Chu is the one who said that nuclear through the EPA, when you ask them people don’t understand this because power is the ‘‘lesser of two evils.’’ It if we were to pass one of these things they have been told things that, quite was the President himself who des- regulating CO2 through the cap-and- frankly, are not true. ignated a Chairman of the Nuclear trade legislation that we have defeated, In terms of oil, gas, and coal, the Regulatory Commission who had been would this reduce greenhouse gases, United States of America has the larg- leading the antinuclear energy group the answer from the Administrator of est recoverable reserves in the world. for quite some time. In fact, Chairman the EPA is, no, it wouldn’t because this People keep saying over and over Jaczko tried to delay the progress on only would affect the United States of again: Well, we only have 3 percent of licensing the very reactors in Georgia America. This isn’t where the problem the reserves. Yet we use 25 percent. that they went up to try to take credit is. China would still be doing its thing, Quite frankly, they are talking about for. India would be doing its thing, and proven reserves. You can’t get a recov- We see this over and over again. Mexico. erable reserve until you drill. If they What does this all mean? President I have contended if we are regulating don’t let us drill because of the policies Obama knows he needs to talk the talk these in the United States, it could ac- of this administration, then, obviously, on domestic energy because people tually have the effect of increasing the we would be stuck with just the very have caught on. I think people know emissions because, as we chase our small amount we could produce. None- now that we have the recoverable re- manufacturing base overseas to find theless, it is out there. We are the only serves to be completely free from the energy, they would be going to coun- country in the world that our politi- Middle East. All we have to do in a tries such as China and India where cians don’t allow us to explore and re- short period of time is develop our own they don’t have the regulatory restric- cover our own reserves—the only coun- resources. I know my environmental tions we have in this country. try in the world. friends are already saying, about the So the Utility MACT is second only Natural gas. We know it is happening CRA on the Utility MACT—the NRDC to the greenhouse gas regulations in right now. We know in areas like New jumped on the story today with the terms of what it would cost, in terms York and Pennsylvania with the headline ‘‘Let Loose the Defenders of of costing the people in terms of jobs Marcellus debate, we have opportuni- Mercury Poisoning.’’ Nothing could be and money. Actually, the regulatory ties we have never had in this country. further from the truth. thing would be worse when we are talk- We have the opportunity to recover I remember in 2003 and 2005 when we ing about greenhouse gases because more natural gas. When the President had the Clear Skies bill. The Clear under the bills that were introduced made a statement in the State of the Skies bill would have had mandatory starting in 2003—that was the McCain- Union Message about being supportive reductions—keep in mind we are talk- Lieberman bill, going all the way for- of ‘‘all the above,’’ talking about nat- ing about 2003—mandatory reductions ward to the Waxman-Markey bill—the ural gas, he slipped in one little state- on mercury emissions by 70 percent by assumption has been that they would ment: Well, we don’t want to poison 2018. It was a matter of a few years regulate industries and emitters that the Earth—or something like that. from now, that would be reality. Think were over the 25,000 tons a year. What he is talking about is they have about it, 6 years from now we would al- Now, if we do it through regulation, spent countless hours trying to regu- ready have a 70-percent reduction if the as they are trying to do it right now, late a process called hydraulic frac- Democrats had not stopped the bill. the Clean Air Act has a limit of 250 turing—a process that started in my The reason they did is because we re- tons. So we would be talking about reg- State of Oklahoma in 1949. There has fused—we want to have SOX, NOX, and ulating virtually every church, school, never been a documented case of mercury, which are the real pollutants, and hospital in America and not just ground water contamination since they reduced and reduced in a rapid fashion, the very large utilities. So that is have been using hydraulic fracturing. faster than President Clinton or any- where we were on that issue. And we can’t get into these tight for- body else has tried to do it. They held On oil, President Obama has been mations without hydraulic fracturing. it hostage because they also wanted congratulating himself on decreasing It can’t be done. CO2 included in it, so we got none of the imports of oil from the Middle So the President can get by with say- the above as a result of it. East, but he fails to mention his poli- ing he wants to produce the natural The EPA’s Utility MACT is designed cies have been consistently against oil gas we have locally, and at the same to destroy jobs by killing off the coal and gas. In fact, he and people in his time take over the regulation of hy- industry. EPA admits itself that the administration have said they want to draulic fracturing by the Federal Gov- Utility MACT rule would cost an un- do away with fossil fuels. Secretary of ernment. We know what that would precedented $11 billion to implement. Energy Steven Chu said they wanted to mean. I think the best evidence of that Of course these costs will come in the ‘‘boost the price of gasoline to the lev- is President Obama in his current form of higher electricity rates for els in Europe.’’ budget is doubling the funding for the every American. Importantly, the EPA Well, that is $7 or $8 a gallon. Right antifracking agenda in the 2013 budget. also admits that the $11 billion in costs now we are looking at $4 a gallon, and Nuclear? That is agreed. If we believe will yield a mere $6 billion in direct that is what they want to do. What is in ‘‘all of the above,’’ you have to have benefits. their motive? To do away with fossil fossil fuel as coal, oil, and gas, but also Do the math. It means the agency fuels. He claims to care about energy nuclear. It is a very important compo- has by its own admission completely

VerDate Mar 15 2010 05:00 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.068 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S858 CONGRESSIONAL RECORD — SENATE February 16, 2012 failed the cost-benefit test. It has the are the ones who put the budgets down ia’s crackdown on its people, including on advantage of reducing emissions with- every year. A lot of times they try to January 30, 2012, when Secretary of State out killing jobs and the Utility MACT blame the House or Senate, Democrats Hillary Clinton stated ‘‘The status quo is would do little for the environment but or Republicans. No. It doesn’t matter. unsustainable. . .The longer the Assad re- destroy millions of jobs. Why did Clear Who is in the White House, they are gime continues its attacks on the Syrian Skies fail? As I said, it was held hos- the ones who determine what the budg- people and stands in the way of a peaceful transition, the greater the concern that in- tage because they didn’t want us to et is. During the Bush years there was stability will escalate and spill over just lose SOX, NOX, and mercury, the a total of $2 trillion of deficits in 8 throughout the region.’’; real pollutants. They wanted to include years. However, after this budget came Whereas President Obama, on April 29, CO2. out last week, in the Obama 4 years the 2011, designated 3 individuals subject to sanc- Before Obama’s decision to halt the increase has been, in deficits, $5.3 tril- tions for humans rights abuses in Syria: ozone rule, which would have put hun- lion. That is $5.3 trillion in 4 years as Mahir al-Assad, the brother of Syrian Presi- dreds of thousands of jobs at risk, then- opposed to $2 trillion in 8 years. dent Bashar al-Assad and brigade com- White House Chief of Staff Bill Daley As bad as that is, I contend that the mander in the Syrian Army’s 4th Armored asked: What are the health impacts of regulations of this administration are Division; Atif Najib, the former head of the unemployment? actually more expensive to the Amer- Political Security Directorate for Daraa That is a good question. What are the ican people than servicing this debt. So Province and a cousin of Bashar al-Assad; health impacts of skyrocketing elec- I think it is important that we talk and Ali Mamluk, director of Syria’s General tricity rates which hurt the poor the about this, talk about not just Utility Intelligence Directorate; most? What are the health impacts on MACT but all of these. Utility MACT is Whereas, on May 18, 2011, President Obama children whose parents will lose one of issued an executive order sanctioning senior where we should draw the line, how- officials of the Syrian Arab Republic and the 1.4 million jobs that will be de- ever, because that is one that directly their supporters, specifically designating 7 stroyed by the EPA’s rules on power- affects our ability to provide energy for people: President Bashar al-Assad, Vice plants? America, for our manufacturing jobs. President Farouk al-Shara, Prime Minister The Senate needs to focus on pro- We are right now a little bit under 50 Adel Safar, Minister of the Interior Moham- moting policies that improve our envi- percent dependent upon coal for our mad Ibrahim al-Shaar, Minister of Defense ronment without harming our econ- ability to run this machine called Ali Habib Mahmoud, Head of Syrian Military omy. The EPA’s Utility MACT does the America. If you do this, we would lose, Intelligence Abdul Fatah Qudsiya, and Direc- opposite. My CRA, I think, is one of it is anticipated, 20 percent of our gen- tor of Political Security Directorate Moham- the things about which they say: You eration capacity and that translates med Dib Zaitoun; will never get it done. I have criticized into a lot of money, as I have noted. Whereas President Obama, on August 17, people for bringing a Congressional Re- That is what we have introduced 2011, issued Executive Order 13582, blocking property of the Government of Syria and view Act up against regulations where today. I encourage my Democratic and I know the votes are not there. It takes prohibiting certain transactions with respect Republican colleagues to join us in to Syria; just 51 votes. The reason I think the passing the CRA. Whereas, on December 1, 2011, the Depart- votes should be here now is if the peo- f ment of the Treasury designated 2 individ- ple at home care enough to put the uals, Aus Aslan and Muhammad Makhluf, pressure on. That is exactly what hap- SUBMITTED RESOLUTIONS under Executive Order 13573 and 2 entities, pened on the ozone requirements. They the Military Housing Establishment and the said the President was committed to SENATE RESOLUTION 379—CON- Real Estate Bank of Syria, under Executive Order 13582; ozone changes. He changed his mind be- DEMNING VIOLENCE BY THE cause of that. Whereas, on May 6, 2011, the European GOVERNMENT OF SYRIA Remember the farm dust rule? The Union’s 27 countries imposed sanctions on AGAINST THE SYRIAN PEOPLE President was going to have a farm the Government of Syria for the human dust rule on emissions that would hit Mr. KERRY submitted the following rights abuses, including asset freezes and the air. I always remember, I had a resolution; from the Committee on visa bans on members of the Government of news conference in my State of Okla- Foreign Relations; which was placed on Syria and an arms embargo on the country; the calendar: Whereas, on November 12, 2011, the League homa, in the western part of the State. of Arab States voted to suspend Syria’s S. RES. 379 We had a couple of people there from membership in the organization; Washington who had never been west of Whereas the Syrian Arab Republic is a Whereas, on December 2, 2011, the United the Mississippi. We got down there in party to the International Covenant on Civil Nations Human Rights Council passed Reso- this area of Oklahoma. We were talk- and Political Rights (ICCPR), adopted at lution S-18/1, which deplores the human ing about farm dust. I said: You see New York December 16, 1966, the United Na- rights situation in Syria, commends the this brown stuff down here? That is tions Convention Against Torture and Other League of Arab States, and supports imple- Cruel, Inhuman or Degrading Treatment or dirt. You see that round green thing? mentation of its Plan of Action; Punishment, done at New York December 10, Whereas the League of Arab States ap- That is cotton. Hold your finger up in 1984; the air—that is wind. Are there any proved and implemented a plan of action to Whereas Syria voted in favor of the Uni- send a team of international monitors to questions? versal Declaration of Human Rights, adopted Syria, which began December 26, 2011; There is no technology to do that, at Paris, December 10, 1948; Whereas, on January 28, 2012, the League of yet the expense to each of my farmers Whereas, in March 2011, peaceful dem- Arab States decided to suspend its inter- onstrations in Syria began against the au- in a farm State like Oklahoma would national monitoring mission due to esca- thoritarian rule of Bashar al-Assad; have been hundreds of thousands of lating violence within Syria; Whereas, in response to the demonstra- dollars a year and not accomplishing Whereas, on February 4, 2012, the Russian anything. We were able to get the pub- tions, the Government of Syria launched a brutal crackdown, which has resulted in Federation and People’s Republic of China lic to write in to complain about that. gross human rights violations, use of force vetoed a United Nations Security Council As a result of that, the President against civilians, torture, extrajudicial Resolution in support of the League of Arab pulled back. killings, arbitrary executions, sexual vio- States’ Plan of Action; I hope enough people are concerned lence, and interference with access to med- Whereas, on February 14, 2012, General about Utility MACT and its dev- ical treatment; Martin Dempsey, Chairman of the Joint astating effect on our economy and on Whereas the United Nations, as of January Chiefs of Staff, testified before the Com- jobs in America that they will join in 25, 2012, estimated that more than 5,400 peo- mittee on Armed Services of the Senate that and apply the pressure necessary to ple in Syria have been killed since the vio- Syria ‘‘is a much different situation than we lence began in March 2011; collectively saw in Libya,’’ presenting a help the people in this Chamber under- ‘‘very different challenge’’ in which ‘‘we also stand that we should pass this Congres- Whereas, on February 4, 2012, President Barack Obama stated that President Bashar know that other regional actors are pro- sional Review Act and do away with al-Assad ‘‘has no right to lead Syria, and has viding support’’ as a part of a ‘‘Sunni major- this particular, very harmful regula- lost all legitimacy with his people and the ity rebelling against an oppressive Alawite- tion that is before us. international community’’; Shia regime’’; I have often said—a lot of people do Whereas the Department of State has re- Whereas the Governments of the Russian not understand this—but Presidents peatedly condemned the Government of Syr- Federation and the Islamic Republic of Iran

VerDate Mar 15 2010 03:34 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.070 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S859 remain major suppliers of military equip- Whereas the United Nations Security engage the Iranian Government in dialogue ment to the Government of Syria notwith- Council has adopted multiple resolutions about Iran’s nuclear program and its inter- standing that government’s violent repres- since 2006 demanding the full and sustained national commitments under the Nuclear sion of demonstrators; suspension of all uranium enrichment-re- Nonproliferation Treaty. Whereas the gross human rights violations lated and reprocessing activities by the Ira- Whereas on March 31, 2010, President perpetuated by the Government of Syria nian Government and its full cooperation Obama stated that the ‘‘consequences of a against the people of Syria represent a grave with the International Atomic Energy Agen- nuclear-armed Iran are unacceptable’’; risk to regional peace and stability; and cy (IAEA) on all outstanding issues related Whereas in his State of the Union Address Whereas the Committee on Foreign Rela- to its nuclear activities, particularly those on January 24, 2012, President Obama stated: tions of the Senate will immediately sched- concerning the possible military dimensions ‘‘Let there be no doubt: America is deter- ule a hearing to take place as soon as the of its nuclear program; mined to prevent Iran from getting a nuclear Senate reconvenes to assess the situation in Whereas on November 8, 2011, the IAEA weapon, and I will take no options off the Syria and all the international options avail- issued an extensive report that— table to achieve that goal’’; able to address this crisis: Now, therefore, be (1) documents ‘‘serious concerns regarding Whereas Secretary of Defense Panetta it possible military dimensions to Iran’s nu- stated, in December 2011, that it was unac- Resolved, That the Senate— clear programme’’; ceptable for Iran to acquire nuclear weapons, (1) strongly condemns the Government of (2) states that ‘‘Iran has carried out activi- reaffirmed that all options were on the table Syria’s brutal and unjustifiable use of force ties relevant to the development of a nuclear to thwart Iran’s nuclear weapons efforts, and against civilians, including unarmed women device’’; and vowed that if the United States gets ‘‘intel- (3) states that the efforts described in para- and children and its violations of the funda- ligence that they are proceeding with devel- graphs (1) and (2) may be ongoing; mental human rights and dignity of the peo- oping a nuclear weapon then we will take Whereas as of November 2008, Iran had pro- ple of Syria; whatever steps necessary to stop it’’; duced, according to the IAEA— Whereas the Defense Department’s Janu- (2) expresses its solidarity with the people (1) approximately 630 kilograms of ura- of Syria, who have exhibited remarkable ary 2012 Strategic Guidance stated that U.S. nium-235 enriched to 3.5 percent; and defense efforts in the Middle East would be courage and determination in the face of un- (2) no uranium-235 enriched to 20 percent; aimed ‘‘to prevent Iran’s development of a speakable violence to rid themselves of a Whereas as of November 2011, Iran had pro- nuclear weapons capability and counter its brutal dictatorship; duced, according to the IAEA— (3) expresses strong disappointment with (1) nearly 5,000 kilograms of uranium-235 destabilizing policies’’; the Governments of the Russian Federation enriched to 3.5 percent; and Now, therefore, be it and the People’s Republic of China for their (2) 79.7 kilograms of uranium-235 enriched Resolved, That the Senate— veto of the United Nations Security Council to 20 percent; (1) affirms that it is a vital national inter- resolution condemning Bashar al-Assad and Whereas on January 9, 2011, IAEA inspec- est of the United States to prevent the Gov- the violence in Syria and urges them to re- tors confirmed that the Iranian government ernment of the Islamic Republic of Iran from consider their votes; had begun enrichment activities at the acquiring a nuclear weapons capability; (4) encourages the members of the United Fordow site, including possibly enrichment (2) warns that time is limited to prevent Nations Security Council to continue to pur- of uranium-235 to 20 percent; the Iranian government from acquiring a nu- sue a resolution in support of a political so- Whereas if Iran were successful in acquir- clear weapons capability; (3) urges continued and increasing eco- lution to the crisis in Syria; ing a nuclear weapon capability, it would nomic and diplomatic pressure on the Is- (5) commends the League of Arab States’ likely spur other countries in the region to lamic Republic of Iran to secure an agree- efforts to bring about a peaceful resolution consider developing their own nuclear weap- ment from the Government of the Islamic in Syria; ons capabilities; Republic of Iran that includes— (6) regrets that the League of Arab States Whereas on December 6, 2011, Prince Turki (A) the full and sustained suspension of all observer mission was not able to monitor the al-Faisal of Saudi Arabia stated that if inter- uranium enrichment-related and reprocess- full implementation of the League of Arab national efforts to prevent Iran from obtain- ing activities; States’ Action Plan of November 2, 2011, due ing nuclear weapons fail, ‘‘we must, as a (B) complete cooperation with the IAEA on to the escalating violence in Syria; and duty to our country and people, look into all all outstanding questions related to Iran’s (7) urges the international community to options we are given, including obtaining nuclear activities, including— review legal processes available to hold offi- these weapons ourselves’’; (i) the implementation of the Non-Pro- cials of the Government of Syria accountable Whereas top Iranian leaders have repeat- liferation Treaty Additional Protocol; and for crimes against humanity and gross viola- edly threatened the existence of the State of (ii) the verified end of Iran’s ballistic mis- tions of human rights. Israel, pledging to ‘‘wipe Israel off the map’’; Whereas the Department of State— sile programs; and f (1) has designated Iran as a ‘‘State Sponsor (C) a permanent agreement that verifiably SENATE RESOLUTION 380—TO EX- of Terrorism’’ since 1984; and assures that Iran’s nuclear program is en- PRESS THE SENSE OF THE SEN- (2) has characterized Iran as the ‘‘most ac- tirely peaceful; tive state sponsor of terrorism’’; (4) expresses support for the universal ATE REGARDING THE IMPOR- Whereas Iran has provided weapons, train- rights and democratic aspirations of the Ira- TANCE OF PREVENTING THE ing, funding, and direction to terrorist nian people; GOVERNMENT OF IRAN FROM groups, including Hamas, Hezbollah, and Shi- (5) strongly supports United States policy ACQUIRING NUCLEAR WEAPONS ite militias in Iraq that are responsible for to prevent the Iranian Government from ac- CAPABILITY the murders of hundreds of American forces quiring nuclear weapons capability; and innocent civilians; (6) rejects any United States policy that Mr. GRAHAM (for himself, Mr. LIE- Whereas on July 28, 2011, the Department would rely on efforts to contain a nuclear BERMAN, Mr. CASEY, Ms. AYOTTE, Mr. of the Treasury charged that the Govern- weapons-capable Iran; and BLUMENTHAL, Mr. BOOZMAN, Mr. BROWN ment of Iran had forged a ‘‘secret deal’’ with (7) urges the President to reaffirm the of Massachusetts, Mr. BROWN of Ohio, al Qaeda to facilitate the movement of al unacceptability of an Iran with nuclear- Mr. CARDIN, Mr. CHAMBLISS, Mr. COATS, Qaeda fighters and funding through Iranian weapons capability and oppose any policy Ms. COLLINS, Mr. COONS, Mr. CORNYN, territory; that would rely on containment as an option Mrs. GILLIBRAND, Mr. HATCH, Mr. HELL- Whereas in October 2011, senior leaders of in response to the Iranian nuclear threat. Iran’s Islamic Revolutionary Guard Corps ER, Mr. HOEVEN, Mrs. HUTCHISON, Mr. f (IRGC) Quds Force were implicated in a ter- INHOFE, Mr. MCCAIN, Mrs. MCCASKILL, rorist plot to assassinate Saudi Arabia’s Am- AMENDMENTS SUBMITTED AND Mr. MENENDEZ, Ms. MIKULSKI, Mr. NEL- bassador to the United States on United PROPOSED SON of Florida, Mr. NELSON of Ne- States soil; SA 1663. Mr. BLUNT submitted an amend- braska, Mr. PORTMAN, Mr. PRYOR, Mr. Whereas on December 26, 2011, the United ment intended to be proposed by him to the ISCH CHUMER DALL Nations General Assembly passed a resolu- R , Mr. S , Mr. U of Col- bill S. 1813, to reauthorize Federal-aid high- orado, Mr. WYDEN, Ms. SNOWE, Mr. VIT- tion denouncing the serious human rights way and highway safety construction pro- TER, Mr. ISAKSON, and Mr. SESSIONS) abuses occurring in the Islamic Republic of grams, and for other purposes; which was or- submitted the following resolution; Iran, including torture, cruel and degrading dered to lie on the table. which was referred to the Committee treatment in detention, the targeting of SA 1664. Mr. THUNE submitted an amend- human rights defenders, violence against on Foreign Relations: ment intended to be proposed by him to the women, and ‘‘the systematic and serious re- bill S. 1813, supra; which was ordered to lie S. RES. 380 strictions on freedom of peaceful assembly’’ on the table. Whereas since at least the late 1980s, the as well as severe restrictions on the rights to SA 1665. Mr. CARPER (for himself and Mr. Government of the Islamic Republic of Iran ‘‘freedom of thought, conscience, religion or LIEBERMAN) submitted an amendment in- has engaged in a sustained and well-docu- belief’’; tended to be proposed by him to the bill S. mented pattern of illicit and deceptive ac- Whereas President Obama, through the 1813, supra; which was ordered to lie on the tivities to acquire nuclear capability; P5+1 process, has made repeated efforts to table.

VerDate Mar 15 2010 03:34 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.050 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S860 CONGRESSIONAL RECORD — SENATE February 16, 2012 SA 1666. Mr. CARPER (for himself, Mr. SA 1685. Mr. SCHUMER submitted an to be proposed by him to the bill S. 1813, ALEXANDER, and Mr. BOOZMAN) submitted an amendment intended to be proposed by him supra; which was ordered to lie on the table. amendment intended to be proposed by him to the bill S. 1813, supra; which was ordered SA 1706. Mr. CARDIN submitted an amend- to the bill S. 1813, supra; which was ordered to lie on the table. ment intended to be proposed to amendment to lie on the table. SA 1686. Mr. SCHUMER submitted an SA 1633 proposed by Mr. REID to the bill S. SA 1667. Mr. NELSON of Nebraska (for amendment intended to be proposed by him 1813, supra; which was ordered to lie on the himself and Mrs. HUTCHISON) submitted an to the bill S. 1813, supra; which was ordered table. amendment intended to be proposed by him to lie on the table. SA 1707. Mrs. GILLIBRAND (for herself and to the bill S. 1813, supra; which was ordered SA 1687. Mr. SCHUMER submitted an Mr. WYDEN) submitted an amendment in- to lie on the table. amendment intended to be proposed by him tended to be proposed by her to the bill S. SA 1668. Mr. NELSON of Nebraska sub- to the bill S. 1813, supra; which was ordered 1813, supra; which was ordered to lie on the mitted an amendment intended to be pro- to lie on the table. table. posed by him to the bill S. 1813, supra; which SA 1688. Mr. SCHUMER (for himself and SA 1708. Mr. WARNER submitted an was ordered to lie on the table. Mrs. GILLIBRAND) submitted an amendment amendment intended to be proposed by him SA 1669. Mr. MCCAIN (for himself, Mr. intended to be proposed by him to the bill S. to the bill S. 1813, supra; which was ordered REID, Mr. HELLER, and Mr. KYL) submitted 1813, supra; which was ordered to lie on the to lie on the table. an amendment intended to be proposed by table. him to the bill S. 1813, supra; which was or- SA 1689. Mr. SCHUMER submitted an f dered to lie on the table. amendment intended to be proposed by him TEXT OF AMENDMENTS SA 1670. Mr. CARPER (for himself, Mr. to the bill S. 1813, supra; which was ordered KIRK, and Mr. WARNER) submitted an amend- to lie on the table. SA 1663. Mr. BLUNT submitted an ment intended to be proposed by him to the SA 1690. Mr. SCHUMER submitted an amendment intended to be proposed by bill S. 1813, supra; which was ordered to lie amendment intended to be proposed by him him to the bill S. 1813, to reauthorize on the table. to the bill S. 1813, supra; which was ordered Federal-aid highway and highway safe- SA 1671. Mr. CARPER submitted an amend- to lie on the table. ty construction programs, and for ment intended to be proposed by him to the SA 1691. Mr. SCHUMER submitted an bill S. 1813, supra; which was ordered to lie amendment intended to be proposed by him other purposes; which was ordered to on the table. to the bill S. 1813, supra; which was ordered lie on the table; as follows: SA 1672. Mr. MERKLEY submitted an to lie on the table. On page l, between lines l and l, insert amendment intended to be proposed by him SA 1692. Mr. WYDEN (for himself, Mr. the following: to the bill S. 1813, supra; which was ordered HOEVEN, and Mr. BEGICH) submitted an SEC. ll001. WAIVER OF FUEL REQUIREMENTS. to lie on the table. amendment intended to be proposed by him Section 211(c)(4)(C) of the Clean Air Act (42 SA 1673. Mr. LEAHY (for himself and Mr. to the bill S. 1813, supra; which was ordered U.S.C. 7545(c)(4)(C)) is amended— SANDERS) submitted an amendment intended to lie on the table. (1) in clause (ii)(II), by inserting ‘‘an unex- to be proposed by him to the bill S. 1813, SA 1693. Mr. DEMINT submitted an amend- pected problem with distribution or delivery supra; which was ordered to lie on the table. ment intended to be proposed by him to the equipment that is necessary for the trans- SA 1674. Mr. CASEY (for himself and Mr. bill S. 1813, supra; which was ordered to lie portation or delivery of fuel or fuel addi- UDALL of New Mexico) submitted an amend- on the table. tives,’’ after ‘‘equipment failure,’’; and ment intended to be proposed by him to the SA 1694. Mr. BAUCUS (for himself and Mr. (2) by redesignating the second clause (v) bill S. 1813, supra; which was ordered to lie BINGAMAN) submitted an amendment in- (relating to the authority of the Adminis- on the table. tended to be proposed by him to the bill S. trator to approve certain State implementa- SA 1675. Mr. CASEY submitted an amend- 1813, supra; which was ordered to lie on the tion plans) as clause (vi). ment intended to be proposed by him to the table. ll bill S. 1813, supra; which was ordered to lie SEC. 002. FUEL SYSTEM REQUIREMENTS HAR- SA 1695. Mrs. FEINSTEIN submitted an MONIZATION STUDY. on the table. amendment intended to be proposed by her Section 1509 of the Energy Policy Act of SA 1676. Mr. SANDERS submitted an to the bill S. 1813, supra; which was ordered 2005 (Public Law 109–58; 119 Stat. 1083) is amendment intended to be proposed by him to lie on the table. amended— to the bill S. 1813, supra; which was ordered SA 1696. Mr. KOHL submitted an amend- (1) in subsection (a)— to lie on the table. ment intended to be proposed to amendment (A) in paragraph (1)(A), by inserting SA 1677. Mr. SANDERS (for himself, Mr. SA 1633 proposed by Mr. REID to the bill S. ‘‘biofuels,’’ after ‘‘oxygenated fuel’’; MENENDEZ, Mr. LAUTENBERG, and Mr. LEAHY) 1813, supra; which was ordered to lie on the (B) in paragraph (2)— submitted an amendment intended to be pro- table. (i) in subparagraph (B)— posed by him to the bill S. 1813, supra; which SA 1697. Mr. KOHL submitted an amend- (I) by redesignating clause (ii) as clause was ordered to lie on the table. ment intended to be proposed to amendment (iii); SA 1678. Mrs. SHAHEEN submitted an SA 1633 proposed by Mr. REID to the bill S. (II) in clause (i), by striking ‘‘and’’ after amendment intended to be proposed by her 1813, supra; which was ordered to lie on the the semicolon; and to the bill S. 1813, supra; which was ordered table. to lie on the table. SA 1698. Mrs. MURRAY submitted an (III) by inserting after clause (i) the fol- SA 1679. Mrs. SHAHEEN (for herself, Ms. amendment intended to be proposed by her lowing: ‘‘(ii) the renewable fuels standard; and’’; MURKOWSKI, Ms. COLLINS, Mr. LEVIN, Ms. to the bill S. 1813, supra; which was ordered and KLOBUCHAR, Mr. SANDERS, Mr. BEGICH, Mr. to lie on the table. (ii) in subparagraph (G), by striking ‘‘Tier LEAHY, and Ms. STABENOW) submitted an SA 1699. Mrs. MURRAY submitted an amendment intended to be proposed by her amendment intended to be proposed by her II’’ and inserting ‘‘Tier III’’; and to the bill S. 1813, supra; which was ordered to the bill S. 1813, supra; which was ordered (2) in subsection (b)(1), by striking ‘‘2008’’ to lie on the table. to lie on the table. and inserting ‘‘2014’’. SA 1680. Mr. BINGAMAN (for himself and SA 1700. Mr. CASEY submitted an amend- Mr. DURBIN) submitted an amendment in- ment intended to be proposed by him to the SA 1664. Mr. THUNE submitted an tended to be proposed by him to the bill S. bill S. 1813, supra; which was ordered to lie amendment intended to be proposed by 1813, supra; which was ordered to lie on the on the table. him to the bill S. 1813, to reauthorize table. SA 1701. Mr. WHITEHOUSE (for himself Federal-aid highway and highway safe- SA 1681. Ms. COLLINS (for herself, Mr. and Mr. REED) submitted an amendment in- ty construction programs, and for BROWN of Massachusetts, Mr. LEVIN, Mr. tended to be proposed by him to the bill S. other purposes; which was ordered to KYL, Mr. AKAKA, and Mr. COBURN) submitted 1813, supra; which was ordered to lie on the lie on the table; as follows: an amendment intended to be proposed by table. her to the bill S. 1813, supra; which was or- SA 1702. Mr. CARPER submitted an amend- In division D, at the end, add the following: dered to lie on the table. ment intended to be proposed by him to the SEC. llll. ADDITIONAL TRANSFER TO HIGH- SA 1682. Mr. SCHUMER submitted an bill S. 1813, supra; which was ordered to lie WAY TRUST FUND. amendment intended to be proposed by him on the table. Subsection (f) of section 9503 of the Inter- to the bill S. 1813, supra; which was ordered SA 1703. Mr. WARNER (for himself and Mr. nal Revenue Code of 1986, as amended by this to lie on the table. KIRK) submitted an amendment intended to Act, is amended by redesignating paragraph SA 1683. Mr. SCHUMER submitted an be proposed by him to the bill S. 1813, supra; (5) as paragraph (6) and by inserting after amendment intended to be proposed by him which was ordered to lie on the table. paragraph (4) the following new paragraph: to the bill S. 1813, supra; which was ordered SA 1704. Mr. WARNER (for himself and Mr. ‘‘(7) TRANSFER OF ADDITIONAL RESULTING to lie on the table. BEGICH) submitted an amendment intended REVENUES.—Out of money in the Treasury SA 1684. Mr. SCHUMER submitted an to be proposed by him to the bill S. 1813, not otherwise appropriated, there are hereby amendment intended to be proposed by him supra; which was ordered to lie on the table. appropriated to the Highway Trust Fund to the bill S. 1813, supra; which was ordered SA 1705. Mr. BENNET (for himself and Mr. amounts equivalent to the increases in reve- to lie on the table. WARNER) submitted an amendment intended nues received in the Treasury resulting from

VerDate Mar 15 2010 03:34 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.051 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S861 the provisions of, and amendments made by recognized program in transportation re- be proposed by him to the bill S. 1813, division D of the Highway Investment, Job search and education, as evidenced by— to reauthorize Federal-aid highway and Creation, and Economic Growth Act of 2012, ‘‘(I) for each of the preceding 5 years, not highway safety construction programs, which are not otherwise subject to appro- less than $2,000,000 in highway or public and for other purposes; which was or- priation or transfer to the Highway Trust transportation research expenditures per Fund.’’. year; dered to lie on the table; as follows: ‘‘(II) for each of the preceding 5 years, not At the appropriate place, insert the fol- SA 1665. Mr. CARPER (for himself less than 10 graduate degrees awarded in pro- lowing: and Mr. LIEBERMAN) submitted an fessional fields closely related to highways SEC. ll. AIRCRAFT NOISE ABATEMENT. amendment intended to be proposed by and public transportation per year; and (a) IN GENERAL.—Section 3 of Public Law him to the bill S. 1813, to reauthorize ‘‘(III) during the preceding 5 years, not less 100–91 (16 U.S.C. 1a–1 note) is amended— Federal-aid highway and highway safe- than 5 tenured or tenure-track faculty mem- (1) in subsection (a)— bers who— (A) by striking ‘‘(a)’’ and inserting the fol- ty construction programs, and for ‘‘(aa) specialize, on a full-time basis, in lowing: other purposes; which was ordered to professional fields closely related to high- ‘‘(a) FINDING.—’’; and lie on the table; as follows: ways and public transportation; and (B) by inserting ‘‘commercial air tour’’ be- On page 324, line 16, insert ‘‘149(k),’’ after ‘‘(bb) as a group, have published a total of fore ‘‘aircraft’’ each place such term appears; ‘‘148(h),’’. not less than 50 refereed journal publications and On page 325, line 10, strike ‘‘and’’. on highway or public transportation re- (2) in section (b)— On page 325, between lines 12 and 13, insert search. (A) in paragraph (1), by striking ‘‘associ- the following: ‘‘(C) RESTRICTIONS.—For each fiscal year, a ated with aircraft’’inserting ‘‘associated ‘‘(iii) the congestion mitigation and air grant made available under this paragraph with commercial air tour aircraft’’; and quality performance plan; and shall not exceed $3,500,000 for each recipient. (B) in paragraph (2), by striking ‘‘air traf- On page 325, line 13, strike ‘‘(iii)’’ and in- ‘‘(D) MATCHING REQUIREMENTS.— fic’’ and inserting ‘‘commercial air tour traf- sert ‘‘(iv)’’. ‘‘(i) IN GENERAL.—As a condition of receiv- fic’’. ing a grant under this paragraph, a grant re- (b) SAVINGS PROVISIONS.— SA 1666. Mr. CARPER (for himself, cipient shall match 100 percent of the (1) JURISDICTION OF NATIONAL AIRSPACE.— Mr. ALEXANDER and Mr. BOOZMAN) sub- amounts made available under the grant. None of the environmental recommendations mitted an amendment intended to be ‘‘(ii) SOURCES.—The matching amounts re- for commercial air tour operations required proposed by him to the bill S. 1813, to ferred to in clause (i) may include amounts under section 3(b)(1) of Public Law 100–91 (16 U.S.C. 1a–1 note), including raising the reauthorize Federal-aid highway and made available to the recipient under— ‘‘(I) section 504(b) or 505 of title 23; and flight-free zone altitude ceilings above the highway safety construction programs, ‘‘(II) subject to prior approval by the Sec- ceilings in effect on the date of the enact- and for other purposes; which was or- retary, a transportation-related grant from ment of this Act, shall affect the manage- dered to lie on the table; as follows: the National Science Foundation. ment of the National Airspace System, as de- In section 149(b)(1) of title 23, United ‘‘(3) TIER 1 UNIVERSITY TRANSPORTATION termined by the Administrator of the Fed- States Code (as amended by section 11013), CENTERS.— eral Aviation Administration. strike ‘‘(G) if the project’’ and all that fol- ‘‘(A) IN GENERAL.—For each of fiscal years (2) EFFECT OF NEPA DETERMINATIONS.—None lows through ‘‘(H) if the Secretary’’ and in- 2012 and 2013 and subject to subparagraph of the environmental thresholds, analyses, or sert the following: (B), the Secretary shall provide grants to not impact determinations that are included in ‘‘(G) if the project involves the installation more than 15 recipients that the Secretary the environmental impact statement pre- of battery charging or replacement facilities determines best meet the criteria described pared by the National Park Service for the for electric-drive vehicles, or refueling facili- in subsection (b)(2). plan required under section 3(b)(2) of Public ties for alternative-fuel vehicles; ‘‘(B) RESTRICTIONS.— Law 100–91 shall have broader application or ‘‘(H) if the project or program shifts traffic ‘‘(i) IN GENERAL.—For each fiscal year, a be given deference beyond the application of demand to nonpeak hours or other transpor- grant made available under this paragraph such Act. tation modes, increases vehicle occupancy shall not exceed $3,500,000 for each recipient. (c) CONVERSION TO QUIET TECHNOLOGY AIR- rates, or otherwise reduces demand for roads ‘‘(ii) FOCUSED RESEARCH.—At least 2 of the CRAFT.— through such means as telecommuting, ride- recipients awarded a grant under this para- (1) IN GENERAL.—Not later than 15 years sharing, carsharing, alternative work hours, graph shall have expertise in, and focus re- after the date of the enactment of this Act, and pricing; or search on, public transportation issues. all commercial air tour aircraft operating in ‘‘(I) if the Secretary ‘‘(C) MATCHING REQUIREMENT.— the Grand Canyon National Park Special ‘‘(i) IN GENERAL.—As a condition of receiv- Flight Rules Area shall be required to fully SA 1667. Mr. NELSON of Nebraska ing a grant under this paragraph, a grant re- convert to quiet aircraft technology (as de- termined in accordance with regulations in (for himself and Mrs. HUTCHISON) sub- cipient shall match 100 percent of the amounts made available under the grant. effect on the day before the date of the en- mitted an amendment intended to be actment of this Act). proposed by him to the bill S. 1813, to ‘‘(ii) SOURCES.—The matching amounts re- ferred to in clause (i) may include amounts (2) CONVERSION INCENTIVES.—Not later than reauthorize Federal-aid highway and made available to the recipient under— 60 days after the date of the enactment of highway safety construction programs, ‘‘(I) section 504(b) or 505 of title 23; and this Act, the Director of the National Park and for other purposes; which was or- ‘‘(II) subject to prior approval by the Sec- Service and the Administrator of the Federal dered to lie on the table; as follows: retary, a transportation-related grant from Aviation Administration shall provide incen- On page 527, strike line 22 and all that fol- the National Science Foundation. tives for commercial air tour operators that lows through page 529, line 8, and insert the ‘‘(4) TIER 2 UNIVERSITY TRANSPORTATION convert to quiet aircraft technology (as de- following: CENTERS.— termined in accordance with the regulations in effect on the day before the date of the en- ‘‘(2) REGIONAL UNIVERSITY TRANSPORTATION actment of this Act) before the date specified CENTERS.— SA 1668. Mr. NELSON of Nebraska in paragraph (1), such as increasing the ‘‘(A) LOCATION OF REGIONAL CENTERS.—One submitted an amendment intended to regional university transportation center be proposed by him to the bill S. 1813, flight allocations for such operators on a net shall be located in each of the 10 Federal re- basis consistent with section 804 of the Na- to reauthorize Federal-aid highway and tional Park Air Tours Management Act of gions that comprise the Standard Federal highway safety construction programs, Regions established by the Office of Manage- 2000 (title VIII of Public Law 106–181). and for other purposes; which was or- (d) REVIEW.—Not later than 90 days after ment and Budget in the document entitled dered to lie on the table; as follows: the date of the enactment of this Act, the ‘Standard Federal Regions’ and dated April, National Academy of Sciences shall conduct 1974 (circular A–105). On page 469, after line 22, add the fol- a review of the National Park Service’s noise ‘‘(B) SELECTION CRITERIA.—In conducting a lowing: impact criteria and noise thresholds, and the competition under subsection (b), the Sec- SEC. 15ll. INTERSTATE SYSTEM RECONSTRUC- mitigating impact of quiet technology air- retary shall provide grants to 10 recipients TION AND REHABILITATION PILOT craft in existence on the date of the enact- on the basis of— PROGRAM. ment of this Act on the outdoor environment ‘‘(i) the criteria described in subsection Section 1216 of the Transportation Equity of Grand Canyon National Park. (b)(2); Act for the 21st Century (23 U.S.C. 129 note; 1212 Stat. 212) is amended by striking sub- ‘‘(ii) the location of the center within the Mr. CARPER (for himself, Federal region to be served; and section (b). SA 1670. ‘‘(iii) whether or not the institution (or, in Mr. KIRK, and Mr. WARNER) submitted the case of a consortium of institutions, the SA 1669. Mr. MCCAIN (for himself, an amendment intended to be proposed lead institution) demonstrates that the in- Mr. REID, Mr. HELLER, and Mr. KYL) by him to the bill S. 1813, to reauthor- stitution has a well-established, nationally submitted an amendment intended to ize Federal-aid highway and highway

VerDate Mar 15 2010 05:00 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.060 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S862 CONGRESSIONAL RECORD — SENATE February 16, 2012 safety construction programs, and for ‘‘(v) any combination of the technologies plementation plans and transportation other purposes; which was ordered to listed in clauses (i) through (iv); plans.’’. lie on the table; as follows: ‘‘(B) reduces particulate matter emission On page 449, line 18, strike ‘‘21 years’’ and from covered’’. insert ‘‘1 year’’. On page 469, after line 22, add the fol- On page 446, strike lines 3 through 5 and in- lowing: sert the following: SA 1672. Mr. MERKLEY submitted an SEC. 15ll. REMOVAL OF FEDERAL PROGRAM ‘‘(C) EXCLUSIONS.—The term ‘nonroad die- LIMITATIONS. sel equipment’ does not include— amendment intended to be proposed by (a) INNOVATIVE SURFACE TRANSPORTATION ‘‘(i) a locomotive or marine vessel; or him to the bill S. 1813, to reauthorize FINANCING METHODS.— ‘‘(ii) any project with a total budgeted cost Federal-aid highway and highway safe- (1) VALUE PRICING PILOT PROGRAM.—Section not to exceed $5,000,000 (which, notwith- ty construction programs, and for 1012(b)(1) of the Intermodal Surface Trans- standing any other provision of this section, other purposes; which was ordered to portation Efficiency Act of 1991 (23 U.S.C. 149 may be excluded from the requirement to lie on the table; as follows: note; 105 Stat. 1938) is amended in the second comply with this section by an applicable sentence by striking ‘‘as many as 15 such State or metropolitan planning organiza- On page 180, strike lines 17 through 23 and State or local governments or public au- tion). insert the following: thorities’’ and inserting ‘‘States, local gov- On page 446, strike line 19 and insert the ‘‘(4) OTHER ELIGIBLE COSTS.—In addition to ernments, and public authorities’’. following: eligible project costs, a State may use funds (2) INTERSTATE SYSTEM RECONSTRUCTION ‘‘(c) CRITERIA ELIGIBLE ACTIVITIES.—For apportioned under section 104(b)(5) for the AND REHABILITATION PILOT PROGRAM.—Sec- purposes of subsection (b)(3)(A): necessary costs of— tion 1216(b)(2) of the Transportation Equity On page 446, line 25, strike ‘‘non-road’’ and ‘‘(A) conducting analyses and data collec- Act for the 21st Century (23 U.S.C. 129 note; insert ‘‘nonroad’’. tion; 112 Stat. 212) is amended— On page 447, line 1, strike ‘‘non-road’’ and ‘‘(B) developing and updating performance (A) in the first sentence, by striking ‘‘3’’ insert ‘‘nonroad’’. targets; and inserting ‘‘10’’; and On page 447, lines 4 through 5, strike ‘‘day ‘‘(C) reporting to the Secretary to comply (B) by striking the second sentence. before the date of enactment of the MAP-21; with subsection (i); or (b) EXPRESS LANES DEMONSTRATION PRO- and’’ and insert ‘‘date on which the eligible ‘‘(D) carrying out diesel retrofits or alter- GRAM.—Section 1604(b)(2) of the SAFETEA– entity enters into a prime contract or agree- native fuel projects defined under section 149 LU (23 U.S.C. 129 note; 119 Stat. 1250) is ment with a State to carry out a covered for class 8 vehicles. amended in the matter preceding subpara- highway construction project; and’’. On page 185, strike lines 3 and 4 and insert graph (A)— On page 447, strike line 10 and insert the the following: (1) by striking ‘‘15’’; and following: ‘‘(ii) the total freight tonnage and value of (2) by striking ‘‘2005 through 2009’’ and in- duction in particulate matter. freight moved by all modes of transpor- serting ‘‘2012 through 2013’’. On page 447, line 14, insert ‘‘or remanufac- tation; (c) INTERSTATE SYSTEM CONSTRUCTION TOLL tured’’ after ‘‘new’’. On page 186, line 10, strike ‘‘or’’. PILOT PROGRAM.—Section 1604(c) of the On page 447, line 16, strike ‘‘non-road’’ and On page 186, line 18, strike the period and SAFETEA–LU (23 U.S.C. 129 note; 119 Stat. insert ‘‘nonroad’’. insert ‘‘; or’’. 1253) is amended— On page 447, line 17, strike ‘‘non-road’’ and On page 186, between lines 18 and 19, insert (1) by striking paragraph (2); insert ‘‘nonroad’’. the following: (2) by redesignating paragraphs (9) and (1) On page 447, lines 20 through 21, strike ‘‘(3) carries a high volume of freight, as as paragraphs (1) and (2), respectively; and ‘‘day before the date of enactment of the measured by total freight tonnage or total (3) in paragraph (8), by striking ‘‘the date MAP-21; and’’ and insert ‘‘date on which the value of freight, compared to other rural of enactment of this Act’’ and inserting ‘‘the eligible entity enters into a prime contract roads in the State. date of enactment of the MAP–21’’. or agreement with a State to carry out a On page 187, strike lines 5 through 7 and in- covered highway construction project; and’’. sert the following: SA 1671. Mr. CARPER submitted an On page 448, strike line 2 and insert the fol- ‘‘(B) an identification of highway bottle- lowing: amendment intended to be proposed by necks on the national freight network that him to the bill S. 1813, to reauthorize particulate matter. create significant freight congestion prob- Federal-aid highway and highway safe- On page 448, line 4, strike ‘‘on’’ and insert lems, based on a quantitative methodology ty construction programs, and for ‘‘using’’. developed by the Secretary for calculating other purposes; which was ordered to On page 448, strike lines 8 through 14 and the national economic significance of high- lie on the table; as follows: insert the following: way bottlenecks on the national freight net- the condition that the replaced engine is re- work; On page 141, lines 17 and 18, strike ‘‘day be- turned to the supplier for remanufacturing fore the date of enactment of the MAP-21,’’ to a more stringent set of engine emissions and insert ‘‘date on which the eligible entity SA 1673. Mr. LEAHY (for himself and standards or for use as scrap; and. enters into a prime contract or agreement ANDERS On page 448, strike lines 15 through 20 and Mr. S ) submitted an amend- with a State to carry out a covered highway insert the following: ment intended to be proposed by him construction project (as defined in section ‘‘(B) certified by the engine manufacturer to the bill S. 1813, to reauthorize Fed- 330(b)(2)),’’. as meeting a more stringent engine particu- eral-aid highway and highway safety On page 152, strike line 22 and insert the late matter emission standard for the appli- construction programs, and for other following: cable engine power group established by the purposes; which was ordered to lie on ‘‘achieve the objectives of that section and Environmental Protection Agency than the the table; as follows: ensure that the bid proceeding and award of engine particulate matter emission standard the contract for any covered highway con- applicable to the replaced engine. At the appropriate place, insert the fol- struction project carried out under that sec- On page 449, line 2, strike ‘‘non-road’’ and lowing: tion will be— insert ‘‘nonroad’’. SEC. ll. TRANSIT-ORIENTED CAR SHARING ‘‘(I) made without regard to the particu- On page 449, line 3, strike ‘‘non-road’’ and PROJECTS. late matter emission levels of the fleet of the insert ‘‘nonroad’’. Section 5302 of title 49, United States Code, eligible entity; and On page 449, lines 6 and 7, strike ‘‘day be- as amended by this Act, is amended— ‘‘(II) consistent with existing requirements fore the date of enactment of the MAP-21; (1) in paragraph (3)— for full and open competition under section and’’ and insert ‘‘date on which the eligible (A) in subparagraph (K)(ii), by striking 112. entity enters into a prime contract or agree- ‘‘or’’ at the end; On page 443, strike lines 16 through 19 and ment with a State to carry out a covered (B) in subparagraph (L)(ii), by striking the insert the following: highway construction project; and’’. period at the end and inserting ‘‘; or’’; and ‘‘not meet current model year new engine On page 449, strike line 12 and insert the (C) by adding at the end the following: standards for particulate matter for the ap- following: ‘‘(M) transit-oriented car sharing.’’; plicable engine power group issued by the ‘‘duction in particulate matter. (2) by redesignating paragraphs (20) and Environmental Protection Agency, on a cov- ‘‘(d) ELIGIBILITY FOR CREDITS.— (21) as paragraphs (21) and (22), respectively; ered highway construction project ‘‘(1) IN GENERAL.—A State may take credit and On page 444, line 17, strike ‘‘or’’. in a State implementation plan for national (3) by inserting after paragraph (19) the fol- On page 444, at the end of line 19, insert ambient air quality standards for any emis- lowing: ‘‘or’’. sion reductions that result from the imple- ‘‘(20) TRANSIT-ORIENTED CAR SHARING.—The On page 444, strike lines 18 through 20 and mentation of this section. term ‘transit-oriented car sharing’, when insert the following: ‘‘(2) CREDITING.—An emission reduction de- used with respect to a project, means a ‘‘(iv) an idle reduction control technology; scribed in paragraph (1) may be credited to- project that— or ward demonstrating conformity of State im- ‘‘(A) is designed—

VerDate Mar 15 2010 03:34 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.062 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S863 ‘‘(i) to achieve local, community-based en- occurrence of the natural disaster or cata- LEVIN, Ms. KLOBUCHAR, Mr. SANDERS, vironmental and social objectives by acquir- strophic failure may amount to 100 percent Mr. BEGICH, Mr. LEAHY, and Ms. STABE- ing or contracting for equipment or a facil- of the cost of the repairs; NOW) submitted an amendment in- ity for use in providing cars through a mem- ‘‘(2) the Federal share payable for any re- tended to be proposed by her to the bill bership based service that is available to all pair or reconstruction of Federal land trans- qualified drivers in a community, including portation facilities and tribal transportation S. 1813, to reauthorize Federal-aid expenses incidental to such acquisition and facilities may amount to 100 percent of the highway and highway safety construc- to the marketing of the service (including cost of the repair or reconstruction; tion programs, and for other purposes; vehicle acquisition, insurance, and acquiring ‘‘(3) the Secretary shall extend the time which was ordered to lie on the table; parking facilities); period in paragraph (1) taking into consider- as follows: ‘‘(ii) for use during a short time and for ation any delay in the ability of the State to Beginning on page 264, strike line 23 and short-distance trips; and access damaged facilities to evaluate damage all that follows through page 267, line 9, and ‘‘(iii) as an extension of a public transpor- and the cost of repair; and insert the following: tation system; ‘‘(4) the Federal share payable for eligible ‘‘(5) SPECIAL RULES FOR SMALL METROPOLI- ‘‘(B) provides accessible, low-cost vehicles permanent repairs to restore damaged facili- TAN PLANNING ORGANIZATIONS.— serving many types of individuals; and ties to predisaster condition may amount to ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(C) is transit-oriented and promotes walk- 100 percent of the cost of the repairs if the el- (B), a metropolitan planning organization ing, biking, and public transportation as pri- igible expenses incurred by the State due to subject to this section and chapter 53 of title mary methods of transportation.’’. natural disasters or catastrophic failures in 49 (as in effect on the day before the date of a Federal fiscal year exceeds the annual ap- enactment of the MAP-21) shall continue to SA 1674. Mr. CASEY (for himself and portionment of the State under section 104 be designated as a metropolitan planning or- Mr. UDALL of New Mexico) submitted for the fiscal year in which the disasters or ganization subject to this section (as amend- an amendment intended to be proposed failures occurred.’’; ed by that Act) if the metropolitan planning by him to the bill S. 1813, to reauthor- organization— SA 1677. Mr. SANDERS (for himself, ize Federal-aid highway and highway ‘‘(i) serves an urbanized area; and Mr. MENENDEZ, Mr. LAUTENBERG, and safety construction programs, and for ‘‘(ii) the population of the urbanized area Mr. LEAHY) submitted an amendment other purposes; which was ordered to is more than 50,000 individuals and less than intended to be proposed by him to the 200,000 individuals. lie on the table; as follows: bill S. 1813, to reauthorize Federal-aid ‘‘(B) EXCEPTION.—Subparagraph (A) shall Beginning on page 585, strike line 22 and highway and highway safety construc- not apply if the Governor and units of gen- all that follows through page 586, line 4, and tion programs, and for other purposes; eral purpose local government— insert the following: ‘‘(i) agree to terminate the designation de- ‘‘(1) defines a recommended implementa- which was ordered to lie on the table; as follows: scribed in subparagraph (A); and tion path for dedicated short-range commu- ‘‘(ii) together represent at least 75 percent nications technology and applications; On page 469, after line 22, insert the fol- of the population described in subparagraph ‘‘(2) includes guidance on the relationship lowing: (A)(ii), based on the latest available decen- of the proposed deployment of dedicated SEC. 15lll. WEATHERIZATION ASSISTANCE nial census conducted under section 141(a) of short-range communications to the National PROGRAM FOR LOW-INCOME PER- title 13, United States Code. SONS FORMULA. ITS Architecture and ITS Standards; and ‘‘(C) TREATMENT.—A metropolitan plan- Notwithstanding the Consolidated Appro- ‘‘(3) ensures competition by not ning organization described in subparagraph priations Act, 2012 (Public Law 112–74) or any preferencing the use of any particular fre- (A) shall be treated, for purposes this section amendment made by that Act, the Secretary quency for vehicle to infrastructure oper- and chapter 53 of title 49 as a metropolitan of Energy shall distribute amounts allocated ations. planning organization that is subject to this for the Weatherization Assistance Program section (as amended by the MAP-21). for Low-Income Persons established under SA 1675. Mr. CASEY submitted an On page 267, line 10, strike ‘‘(8)’’ and insert part A of title IV of the Energy Conservation amendment intended to be proposed by ‘‘(6)’’. and Production Act (42 U.S.C. 6861 et seq.) for him to the bill S. 1813, to reauthorize fiscal year 2012 in accordance with the allo- SA 1680. Mr. BINGAMAN (for him- Federal-aid highway and highway safe- cation formula in section 414(a) of that Act self, and Mr. DURBIN) submitted an ty construction programs, and for (42 U.S.C. 6864(a)) (as in effect on the day be- other purposes; which was ordered to fore the date of enactment of the Consoli- amendment intended to be proposed by lie on the table; as follows: dated Appropriations Act, 2012 (Public Law him to the bill S. 1813, to reauthorize Federal-aid highway and highway safe- On page 491, strike lines 5 through 8 and in- 112–74)). ty construction programs, and for sert the following: SA 1678. Mrs. SHAHEEN submitted ‘‘(XVII) studies on the effectiveness of other purposes; which was ordered to fiber-based additives to improve the dura- an amendment intended to be proposed lie on the table; as follows: bility of surface transportation materials in by her to the bill S. 1813, to reauthorize On page 45, between lines 3 and 4, insert various geographic regions Federal-aid highway and highway safe- the following: ‘‘(XVIII) studies of infrastructure resil- ty construction programs, and for ‘‘(C) FURTHER ADJUSTMENT FOR PRIVATIZED ience and other adaptation measures; and other purposes; which was ordered to HIGHWAYS.— ‘‘(XIX) maintenance of seismic lie on the table; as follows: ‘‘(i) DEFINITION OF PRIVATIZED HIGHWAY.—In At the appropriate place, insert the fol- this subparagraph: SA 1676. Mr. SANDERS submitted an lowing: ‘‘(I) IN GENERAL.—The term ‘privatized amendment intended to be proposed by SEC. ll. OPERATING COST OF EQUIPMENT AND highway’ means a highway that was for- him to the bill S. 1813, to reauthorize FACILITIES FOR PUBLIC TRANSPOR- merly a publically operated toll road that is Federal-aid highway and highway safe- TATION SYSTEMS THAT OPERATE subject to an agreement giving a private en- ty construction programs, and for FEWER THAN 50 BUSES. tity— Section 5307(a)(2) of title 49, United States ‘‘(aa) control over the operation of the other purposes; which was ordered to Code, as amended by this Act, is amended— highway; and lie on the table; as follows: (1) in subparagraph (A), by striking ‘‘75 or ‘‘(bb) ownership over the toll revenues col- Beginning on page 435, strike line 22 and fewer’’ and inserting ‘‘a minimum of 50 buses lected from the operation of the highway. all that follows through page 437, line 10, and and a maximum of 75’’; ‘‘(II) EXCLUSION.—The term ‘privatized insert the following: (2) by redesignating subparagraphs (A) and highway’ does not include any highway or (2) by striking subsection (e) and inserting (B) as subparagraphs (B) and (C), respec- toll road that was originally— the following: tively; and ‘‘(aa) financed and constructed using pri- ‘‘(e) EMERGENCY RELIEF.—The Federal (3) by inserting before subparagraph (B), as vate funds; and share payable for any repair or reconstruc- so redesignated, the following: ‘‘(bb) operated by a private entity. tion provided for by funds made available ‘‘(A) for public transportation systems ‘‘(ii) ADJUSTMENT.—After making the ad- under section 125 for any project on a Fed- that operate fewer than 50 buses during peak justments to the apportionment of a State eral-aid highway, including the Interstate service hours, in an amount not to exceed 100 under subparagraphs (A) and (B), the Sec- System, shall not exceed the Federal share percent of the share of the apportionment retary shall further adjust the amount to be payable on a project on the system as pro- which is attributable to such systems within apportioned to the State by reducing the ap- vided in subsections (a) and (b), except that— the urbanized area, as measured by vehicle portionment by an amount equal to the ‘‘(1) the Federal share payable for eligible revenue hours;’’. product obtained by multiplying— emergency repairs to minimize damage, pro- ‘‘(I) the amount to be apportioned to the tect facilities, or restore essential traffic ac- SA 1679. Mrs. SHAHEEN (for herself, State, as so adjusted under those subpara- complished within 180 days after the actual Ms. MURKOWSKI, Ms. COLLINS, Mr. graphs; and

VerDate Mar 15 2010 05:00 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.063 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S864 CONGRESSIONAL RECORD — SENATE February 16, 2012 ‘‘(II) the percentage described in clause diation exposure (such as an examination of ‘‘(3) (iii). enzyme levels after x-ray exposure to deter- ‘‘(iii) PERCENTAGE.—The percentage re- mine if there is a biological response to cel- SA 1683. Mr. SCHUMER submitted an ferred to in clause (ii) is the percentage lular damage caused by such an exposure); amendment intended to be proposed by equal to the sum obtained by adding— (D) assess the fail-safe mechanisms of such him to the bill S. 1813, to reauthorize ‘‘(I) the product obtained by multiplying— machines in order to determine the optimal Federal-aid highway and highway safe- 1 ‘‘(aa) ⁄2; and operating efficacy of such machines; ty construction programs, and for ‘‘(bb) the proportion that— (E) ensure that any tests performed are ‘‘(AA) the total number of lane miles on replicable; other purposes; which was ordered to privatized highway lanes on National High- (F) obtain peer review of any tests per- lie on the table; as follows: way System routes in a State; bears to formed; and On page 157, line 8, strike ‘‘reduction’’. ‘‘(BB) the total number of all lane miles on (G) meet such other requirements as the National Highway System routes in the Under Secretary shall specify for purposes of SA 1684. Mr. SCHUMER submitted an State; and the study. amendment intended to be proposed by ‘‘(II) the product obtained by multiplying— (4) REPORT.— him to the bill S. 1813, to reauthorize 1 ‘‘(aa) ⁄2; and (A) EVALUATION.—The Under Secretary Federal-aid highway and highway safe- ‘‘(bb) the proportion that— shall provide for an independent panel, in ty construction programs, and for ‘‘(AA) the total number of vehicle miles consultation with the National Science traveled on privatized highway lanes on Na- other purposes; which was ordered to Foundation, with expertise in conducting lie on the table; as follows: tional Highway System routes in the State; similar evaluations, to evaluate the data col- bears to lected under the study to assess the health On page 602, between lines 3 and 4, insert ‘‘(BB) the total number of vehicle miles risks posed by backscatter x-ray machines to the following: traveled on all lanes on National Highway individuals and groups of people screened or ‘‘(3) COTERMINUS OBLIGATIONS.—Since a se- System routes in the State. affected by such machines, including— cured loan under section 603 constitutes Fed- (i) frequent air travelers; eral aid under this title, the obligations set SA 1681. Ms. COLLINS (for herself, (ii) employees of the Transportation Secu- forth in section 129 shall be coterminus with Mr. BROWN of Massachusetts, Mr. rity Administration; the successful repayment of such loan. LEVIN, Mr. KYL, Mr. AKAKA, and Mr. (iii) flight crews; COBURN) submitted an amendment in- (iv) other individuals who work at an air- SA 1685. Mr. SCHUMER submitted an tended to be proposed by her to the bill port; and amendment intended to be proposed by S. 1813, to reauthorize Federal-aid (v) individuals with greater sensitivity to him to the bill S. 1813, to reauthorize highway and highway safety construc- radiation, such as children, pregnant women, Federal-aid highway and highway safe- tion programs, and for other purposes; the elderly, and cancer patients. ty construction programs, and for which was ordered to lie on the table; (B) CONSIDERATIONS.—In conducting the other purposes; which was ordered to as follows: evaluation under subparagraph (A), the panel lie on the table; as follows: shall— At the appropriate place, insert the fol- (i) conduct a literature review of relevant At the appropriate place, insert the fol- lowing: clinical and academic literature; and lowing: SEC. ll. STUDY OF HEALTH EFFECTS OF (ii) consider the risk of backscatter x-ray SEC. lll. AUTHORIZATION OF LOCAL RESIDEN- BACKSCATTER X-RAY MACHINES. technology from a public health perspective TIAL OR COMMUTER TOLL, USER (a) IN GENERAL.—The Under Secretary for FEE, OR FARE DISCOUNT PRO- in addition to the individual risk to each air- Science and Technology in the Department GRAMS. line passenger. of Homeland Security shall provide for the (a) PURPOSE.—The purpose of this section (C) REPORTS.— conduct of an independent study of the ef- is to expressly authorize the establishment fects on human health caused by the use of (i) PROGRESS REPORTS.—Not later than 90 of programs that offer discounted transpor- backscatter x-ray machines at airline check- days after the date of the enactment of this tation tolls, user fees, and fares for residents points operated by the Transportation Secu- Act, and periodically thereafter until the in specific geographic areas, as necessary or rity Administration. final report is submitted pursuant to clause appropriate. (b) REQUIREMENTS FOR STUDY.— (ii), the Under Secretary shall submit a re- (b) AUTHORITY TO PROVIDE RESIDENTIAL OR (1) CONDUCT.—The study required under port to Congress that contains the prelimi- COMMUTER TOLL, USER FEE, OR FARE DIS- subsection (a) shall be— nary findings of the study conducted under COUNT PROGRAMS.— (A) initiated not later than 90 days after this subsection. (1) IN GENERAL.—States, counties, munici- the date of the enactment of this Act; (ii) FINAL REPORT.—Not later than 90 days palities, and multi-jurisdictional transpor- (B) conducted by an independent labora- after the date on which the panel completes tation authorities that operate or manage tory selected by the Under Secretary, in con- the evaluation required under this para- roads, highways, bridges, railroads, busses, sultation with the National Science Founda- graph, the Under Secretary shall submit a ferries, or other transportation systems are tion, from among laboratories with expertise report to Congress that contains the result authorized to establish programs that offer in the conduct of similar studies; and of the study and evaluation conducted under discounted transportation tolls, user fees, or (C) to the maximum extent practicable, this subsection. other fares for residents of specific geo- (c) SIGNAGE REQUIREMENT RELATING TO consistent with standard evaluations of radi- graphic areas in order to reduce or alleviate BACKSCATTER X-RAY MACHINES.—The Admin- ological medical equipment. toll burdens imposed upon such residents. istrator of the Transportation Security Ad- (2) TESTING EQUIPMENT.—In conducting the (2) RETROACTIVE APPLICABILITY.—The au- ministration shall ensure that large, easily study, the laboratory shall, to the maximum thority set forth in paragraph (1) shall apply readable signs or equivalent electronic dis- extent practicable— plays are placed at the front of airline pas- to residential or commuter toll, user fee, and (A) use calibration testing equipment de- senger check point queues where backscatter fare discount programs established before, veloped by the laboratory for purposes of advanced imaging technology machines are on, or after the date of the enactment of this study; and used for screening to inform airline pas- Act. (B) use commercially-available calibration sengers, particularly passengers who may be (c) RULEMAKING WITH RESPECT TO THE testing equipment as a control. sensitive to radiation exposure, that they STATE, LOCAL, OR AGENCY PROVISION OF (3) ELEMENTS.—In conducting the study, may request to undergo alternative screen- TOLL, USER FEE, OR FARE DISCOUNT PRO- the laboratory shall, to the maximum extent ing procedures instead of passing through a GRAMS TO LOCAL RESIDENTS OR COMMUTERS.— practicable and consistent with recognized backscatter x-ray machine. States, counties, municipalities, and multi- protocols for independent scientific testing— jurisdictional transportation authorities (A) dismantle and evaluate one or more SA 1682. Mr. SCHUMER submitted an that operate or manage roads, highways, backscatter x-ray machine used at airline amendment intended to be proposed by bridges, railroads, busses, ferries, or other checkpoints operated by the Transportation him to the bill S. 1813, to reauthorize transportation systems are authorized to Security Administration in order to deter- Federal-aid highway and highway safe- enact such rules or regulations that may be mine— necessary to establish the programs author- (i) the placement of testing equipment so ty construction programs, and for ized under subsection (b). that radiation emission readings during the other purposes; which was ordered to (d) RULE OF CONSTRUCTION.—Nothing in testing of such machines are as accurate as lie on the table; as follows: this section may be construed to limit or possible; and On page 128, line 9, strike ‘‘(2)’’ and insert otherwise interfere with the authority, as of (ii) how best to measure the dose emitted the following: the date of the enactment of this Act, of per scan; ‘‘(2) PRIORITY PROJECTS.—In selecting States, counties, municipalities, and multi- (B) determine the failure rates and effects projects under paragraph (1), priority shall jurisdictional transportation authorities of use of such machines; be given to projects that address safety im- that operate or manage roads, highways, (C) include the use of alternative testing provement in areas with a high number of bridges, railroads, busses, ferries, or other methods in the determination of levels of ra- pedestrian accidents. transportation systems.

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Mr. SCHUMER submitted an making required under paragraph (1), the Points to the North Shore Helicopter Route amendment intended to be proposed by Secretary shall consider— remaining over water; him to the bill S. 1813, to reauthorize ‘‘(A) the frequency with which safety per- (C) appropriate safeguards for safety and Federal-aid highway and highway safe- formance ratings will be assigned and up- operational necessity, including safeguards dated, which updates shall take place at to avoid adverse effects on the safe and effi- ty construction programs, and for least once per year; cient use and management of the national other purposes; which was ordered to ‘‘(B) the specific data elements and sources airspace system; and lie on the table; as follows: of information to be utilized in establishing (D) penalties for failing to comply with the At the end of subtitle A of title I of divi- and updating safety performance ratings for requirements described in subparagraph (A). sion C, add the following: motorcoaches; (3) LOS ANGELES COUNTY FLIGHT PATHS.— SEC. 31115. MAXIMUM HOUR REQUIREMENTS. ‘‘(C) the need and extent to which safety Not later than 2 years after the date of the Section 13(b)(1) of the Fair Labor Stand- performance ratings should be made avail- enactment of this Act, the Administrator of ards Act of 1938 (29 U.S.C. 213(b)(1)) is amend- able in languages other than English; and the Federal Aviation Administration shall ed by inserting before the semicolon the fol- ‘‘(D) penalties authorized under section prescribe regulations for helicopter oper- lowing: ‘‘, except a driver of an ‘over-the- 521. ations in Los Angeles County, California, road bus’ (as defined in section 3038(a)(3) of ‘‘(3) INSUFFICIENT INSPECTIONS.—Any motor that include requirements relating to the the Transportation Equity Act for the 21st carrier for which insufficient safety data is flight paths and altitudes associated with Century (Public Law 105–178; 49 U.S.C. 5310 available shall display a label warning of such operations to reduce helicopter noise note))’’. such insufficiency. pollution in residential areas, increase safe- ‘‘(c) EFFECT ON STATE AND LOCAL LAW.— ty, and minimize commercial aircraft delays. SA 1687. Mr. SCHUMER submitted an Nothing in this section may be construed to (b) EXCEPTIONS FOR EMERGENCY, LAW EN- amendment intended to be proposed by preempt a State, or a political subdivision of FORCEMENT, BROADCASTING AND MILITARY a State, from enforcing any requirements HELICOPTERS.—The rules required under sub- him to the bill S. 1813, to reauthorize section (a) shall provide exceptions for heli- Federal-aid highway and highway safe- concerning the manner and content of con- sumer information provided by motor car- copter activity related to emergency, law en- ty construction programs, and for riers that are not subject to the Secretary’s forcement, broadcast news gathering, or other purposes; which was ordered to jurisdiction under section 13501.’’. military activities.. (c) COMPLIANCE MONITORING.—For the 24 lie on the table; as follows: (b) CLERICAL AMENDMENT.—The analysis of month period following the completion of At the appropriate place, insert the fol- chapter 141 of title 49, United States Code, is amended by inserting after the item relating the rulemakings required in subsection (a), lowing: the Administrator of the Federal Aviation to section 14104 the following: SEC. lll. DISCLOSURE OF SAFETY PERFORM- Administration shall monitor compliance ANCE RATINGS OF MOTORCOACH ‘‘Sec. 14105. Safety performance ratings of with the rulemakings required under sub- SERVICES AND OPERATIONS. motorcoach services and oper- section (a). This monitoring shall include (a) IN GENERAL.—Subchapter I of chapter ations.’’. both the route and altitude of helicopter op- 141 of title 49, United States Code, is amend- erations. ed by adding at the end the following: SA 1688. Mr. SCHUMER (for himself (d) CONSULTATIONS.—In prescribing the reg- ‘‘§ 14105. Safety performance ratings of mo- and Mrs. GILLIBRAND) submitted an ulations under subsection (a)(3), the Admin- torcoach services and operations amendment intended to be proposed by istrator of the Federal Aviation Administra- ‘‘(a) DEFINITIONS.—In this section: him to the bill S. 1813, to reauthorize tion shall make reasonable efforts to consult ‘‘(1) MOTORCOACH.— Federal-aid highway and highway safe- with local communities and local helicopter operators in order to develop regulations ‘‘(A) IN GENERAL.—Except as provided in ty construction programs, and for subparagraph (B), the term ‘motorcoach’ has that meet the needs of local communities, the meaning given to the term ‘over-the-road other purposes; which was ordered to helicopter operators, and the Federal Avia- bus’ in section 3038(a)(3) of the Transpor- lie on the table; as follows: tion Administration. tation Equity Act for the 21st Century (49 At the appropriate place, insert the fol- (e) REPORT TO CONGRESS.—Within 60 days U.S.C. 5310 note). lowing: of the conclusion of the compliance moni- toring required in subsection (c), the Admin- ‘‘(B) INCLUSIONS AND EXCLUSIONS.—The SEC. ll. CONTROLLING HELICOPTER NOISE term ‘motorcoach’— POLLUTION IN RESIDENTIAL AREAS. istrator shall submit to the Committee on Commerce, Science, and Transportation of ‘‘(i) includes a motor vehicle used to trans- (a) RULEMAKING WITH RESPECT TO REDUC- the Senate and the Committee on Transpor- port passengers that has a gross vehicle ING HELICOPTER NOISE POLLUTION.— tation and Infrastructure of the House of weight of at least 10,001 pounds; and (1) NEW YORK NORTH SHORE HELICOPTER Representatives a report that includes, at ‘‘(ii) does not include— ROUTE.—Not later than 1 year after the date minimum— ‘‘(I) a bus used in public transportation of the enactment of this Act, the Adminis- (1) the compliance rate of helicopter oper- that is provided by a State or local govern- trator of the Federal Aviation Administra- ations; ment; or tion shall issue a final rule in Docket No. (2) the average altitude of helicopter oper- ‘‘(II) a school bus (as defined in section FAA-2010-0302 (The New York North Shore ations; 30125(a)(1)), including a multifunction school Helicopter Route), without additional notice (3) a comparison of North Shore and South activity bus. and comment. The final rule shall include— Shore route use; ‘‘(2) MOTORCOACH SERVICES AND OPER- (A) a requirement for helicopter operators (4) analysis of season, time and day use of ATIONS.—The term ‘motorcoach services and to utilize the North Shore route, as charted, the helicopter operations; and operations’ means passenger transportation when operating in that area of Long Island, (5) analysis of impact to commercial air- by a motorcoach for compensation. New York; craft arrival and departure flows. ‘‘(b) RULEMAKING.— (B) a requirement for helicopter operations ‘‘(1) IN GENERAL.—Not later than 1 year to enter and exit the west terminus of North SA 1689. Mr. SCHUMER submitted an after the date on which the safety fitness de- Shore Helicopter Route over water at amendment intended to be proposed by termination rule is implemented, the Sec- VPROK; retary shall require, by regulation— (C) appropriate safeguards for safety and him to the bill S. 1813, to reauthorize ‘‘(A) each motor carrier that owns or operational necessity, including safeguards Federal-aid highway and highway safe- leases 1 or more motorcoaches that trans- to avoid adverse effects on the safe and effi- ty construction programs, and for port passengers subject to the Secretary’s ju- cient use and management of the national other purposes; which was ordered to risdiction under section 13501 to display airspace system; and lie on the table; as follows: prominently in each terminal of departure, (D) penalties for failing to comply with the At the appropriate place, insert the fol- on the motorcoach if the motorcoach does requirements described in subparagraph (A). lowing: not depart from a terminal, and at all points (2) LONG ISLAND SOUTH SHORE ROUTE.—Not SEC. ll. INTEROPERABILITY OF ELECTRONIC of sale for such motorcoach services and op- later than 18 months after the date of enact- TOLL COLLECTION SYSTEMS. erations, a simple and understandable letter ment of this Act, the Administrator of the (a) DEFINITIONS.—In this section: grade rating system that allows motorcoach Federal Aviation Administration shall issue (1) DEMONSTRATION PROGRAM AREA.—The passengers to compare the safety perform- a notice of proposed rulemaking to address term ‘‘demonstration program area’’ means ance of motorcoach operators; and helicopter noise on the South Shore of Long the toll transportation facilities that are af- ‘‘(B) any person who sells tickets for mo- Island, New York. The proposed rule shall in- filiated with the E-ZPass Interagency Group torcoach services and operations to display clude— or located in States through which Inter- the letter grade rating system described in (A) a requirement for helicopter operators state Highway 95 passes. subparagraph (A) at all points of sale for to utilize the South Shore route, as charted, (2) ELECTRONIC TOLL COLLECTION.—the term such motorcoach services and operations. when operating in that area of Long Island, ‘‘electronic toll collection’’ means the col- ‘‘(2) ITEMS INCLUDED IN THE RULEMAKING.— New York; lection of tolls based on the identification In promulgating safety performance ratings (B) an expansion of the existing route to and classification of vehicles through elec- for motorcoaches pursuant to the rule- include linkage east of Orient and Montauk tronic systems.

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(b) DEMONSTRATION PROGRAM.—Not later ‘‘(2) the bond is issued by a State infra- ‘‘(B) to incur a binding commitment with a than 5 years after the date of the enactment structure bank and is in registered form third party— of this Act, the operator of any electronic (within the meaning of section 149(a)), ‘‘(i) to spend at least 10 percent of the pro- toll collection facility in the demonstration ‘‘(3) the State infrastructure bank des- ceeds of such issue, or program area shall implement policies and ignates such bond for purposes of this sec- ‘‘(ii) to commence construction, procedures to enable customers with ac- tion, with respect to such projects within the 12- counts in good standing with any other elec- ‘‘(4) the term of each bond which is part of month period beginning on such date, and tronic toll collection system to electroni- such issue does not exceed 30 years, ‘‘(C) to proceed with due diligence to com- cally pass through its toll facilities within ‘‘(5) the issue meets the requirements of plete such projects and to spend the proceeds the demonstration program area. subsection (e), of such issue. (c) INTEROPERABLE ELECTRONIC TOLL COL- ‘‘(6) the State infrastructure bank certifies ‘‘(2) RULES REGARDING CONTINUING COMPLI- LECTION SYSTEM.—Not later than 10 years that the State meets the State contribution ANCE AFTER 5-YEAR DETERMINATION.—To the after the date of the enactment of this Act, requirement of subsection (h) with respect to extent that less than 100 percent of the avail- the operators of all toll transportation fa- such project, as in effect on the date of able project proceeds of such issue are ex- cilities located on highways constructed or issuance, and pended by the close of the 5-year expenditure maintained with financial assistance from ‘‘(7) the State infrastructure bank certifies period beginning on the date of issuance, the the Highway Trust Fund shall jointly imple- the State meets the requirement described State infrastructure bank shall redeem all of ment a comprehensive interoperable elec- in subsection (i). the nonqualified bonds within 90 days after tronic toll collection system that— ‘‘(b) QUALIFIED PROJECT.—For purposes of the end of such period. For purposes of this (1) promotes interstate commerce; this section— paragraph, the amount of the nonqualified (2) enhances public safety; ‘‘(1) IN GENERAL.—The term ‘qualified bonds required to be redeemed shall be deter- (3) improves mobility; and project’ means the capital improvements to mined in the same manner as under section (4) protects the environment. any transportation infrastructure project of 142. ECAPTURE OF PORTION OF CREDIT any governmental unit or other person, in- ‘‘(f) R WHERE CESSATION OF COMPLIANCE.—If any SA 1690. Mr. SCHUMER submitted an cluding roads, bridges, rail and transit sys- bond which when issued purported to be a tems, ports, and inland waterways proposed amendment intended to be proposed by TRIP bond ceases to be such a bond, the and approved by a State infrastructure bank, him to the bill S. 1813, to reauthorize State infrastructure bank shall pay to the Federal-aid highway and highway safe- but does not include costs of operations or United States (at the time required by the ty construction programs, and for maintenance with respect to such project. Secretary) an amount equal to the sum of— other purposes; which was ordered to ‘‘(2) CERTAIN FEDERAL PROJECTS.—Such ‘‘(1) the aggregate of the credits allowable term may include the Federal share or por- lie on the table; as follows: under section 54A with respect to such bond tion thereof, of a congressionally authorized (determined without regard to section In section 403(b)(1) of title 23, United project where all environmental studies have 54A(c)) for taxable years ending during the States Code, as amended by section 31103 of been completed and the United States Army calendar year in which such cessation occurs this bill, strike subparagraph (D) and insert Corps of Engineers Chief’s Report has been and each succeeding calendar year ending the following: completed successfully. with the calendar year in which such bond is ‘‘(D) the development of technologies to ‘‘(c) APPLICABLE CREDIT RATE.—In lieu of redeemed by the bank, and detect drug impaired drivers; and section 54A(b)(3), for purposes of section ‘‘(2) interest at the underpayment rate ‘‘(E) the effect of State laws on any as- 54A(b)(2), the applicable credit rate with re- under section 6621 on the amount determined pects, activities, or programs described in spect to an issue under this section is the under paragraph (1) for each calendar year subparagraphs (A) through (D). rate equal to an average market yield (as of for the period beginning on the first day of the day before the date of sale of the issue) such calendar year. SA 1691. Mr. SCHUMER submitted an on outstanding long-term corporate debt ob- ‘‘(g) TRIP BONDS TRUST ACCOUNTS.— amendment intended to be proposed by ligations (determined in such manner as the ‘‘(1) IN GENERAL.—The following amounts him to the bill S. 1813, to reauthorize Secretary prescribes). shall be held in a TRIP Bonds Trust Account Federal-aid highway and highway safe- ‘‘(d) LIMITATION ON AMOUNT OF BONDS DES- by each State infrastructure bank: ty construction programs, and for IGNATED.— ‘‘(A) The proceeds from the sale of all other purposes; which was ordered to ‘‘(1) IN GENERAL.—The maximum aggregate bonds issued by such bank under this sec- lie on the table; as follows: face amount of bonds which may be des- tion. ignated under subsection (a) by any State in- ‘‘(B) The investment earnings on proceeds On page 487, line 12, insert ‘‘and bridge’’ frastructure bank shall not exceed the TRIP from the sale of such bonds. after ‘‘highway’’. bond limitation amount allocated to such ‘‘(C) 2 percent of the amount described in On page 489, line 22, insert ‘‘and bridge’’ bank under paragraph (3). paragraph (2). after ‘‘highway’’. ‘‘(2) NATIONAL LIMITATION AMOUNT.—There ‘‘(D) The amounts described in subsection is a TRIP bond limitation amount for each (h). SA 1692. Mr. WYDEN (for himself, calendar year. Such limitation amount is— ‘‘(E) Any earnings on any amounts de- Mr. HOEVEN, and Mr. BEGICH) sub- ‘‘(A) $10,000,000,000 for 2013, scribed in subparagraph (A), (B), (C), or (D). mitted an amendment intended to be ‘‘(B) $15,000,000,000 for 2014, and ‘‘(2) APPROPRIATION OF REVENUES.—There is proposed by him to the bill S. 1813, to ‘‘(C) except as provided in paragraph (4), hereby transferred to each TRIP Bonds Trust reauthorize Federal-aid highway and zero thereafter. Account an amount equal to 2 percent of the highway safety construction programs, ‘‘(3) ALLOCATIONS TO STATES.—The TRIP lesser of— and for other purposes; which was or- bond limitation amount for each calendar ‘‘(A) the revenues resulting from the impo- year shall be allocated by the Secretary dered to lie on the table; as follows: sition of fees pursuant to section 13031 of the among the States such that each State is al- Consolidated Omnibus Budget Reconciliation At the appropriate place, insert the fol- located 2 percent of such amount. Act of 1985 (19 U.S.C. 58c) for fiscal years be- lowing: ‘‘(4) CARRYOVER OF UNUSED ISSUANCE LIMI- ginning after September 30, 2021, or SEC. llll. CREDIT TO HOLDERS OF TRIP TATION.—If for any calendar year the TRIP ‘‘(B) $25,000,000,000. BONDS. bond limitation amount under paragraph (2) ‘‘(3) USE OF FUNDS.—Amounts in each TRIP (a) SHORT TITLE.—This section may be exceeds the amount of TRIP bonds issued Bonds Trust Account may be used only to cited as the ‘‘Transportation and Regional during such year, such excess shall be car- pay costs of qualified projects and redeem Infrastructure Project Bonds Act of 2012’’ or ried forward to 1 or more succeeding cal- TRIP bonds, except that amounts withdrawn ‘‘TRIP Bonds Act’’. endar years as an addition to the TRIP bond from the TRIP Bonds Trust Account to pay (b) IN GENERAL.—Subpart I of part IV of limitation amount under paragraph (2) for costs of qualified projects may not exceed subchapter A of chapter 1 of the Internal such succeeding calendar year and until used the proceeds from the sale of TRIP bonds de- Revenue Code of 1986 is amended by adding by issuance of TRIP bonds. scribed in subsection (a)(1). at the end the following new section: ‘‘(e) SPECIAL RULES RELATING TO EXPENDI- ‘‘(4) USE OF REMAINING FUNDS IN TRIP BONDS ‘‘SEC. 54G. TRIP BONDS. TURES.— TRUST ACCOUNT.—Upon the redemption of all ‘‘(a) TRIP BOND.—For purposes of this sub- ‘‘(1) IN GENERAL.—An issue shall be treated TRIP bonds issued by the State infrastruc- part, the term ‘TRIP bond’ means any bond as meeting the requirements of this sub- ture bank under this section, any remaining issued as part of an issue if— section if, as of the date of issuance, the amounts in the TRIP Bonds Trust Account ‘‘(1) 100 percent of the available project State infrastructure bank reasonably ex- held by such bank shall be available to pay proceeds of such issue are to be used for ex- pects— the costs of any qualified project in such penditures incurred after the date of the en- ‘‘(A) at least 100 percent of the available State. actment of this section for 1 or more quali- project proceeds of such issue are to be spent ‘‘(5) APPLICABILITY OF FEDERAL LAW.—The fied projects pursuant to an allocation of for 1 or more qualified projects within the 5- requirements of any Federal law, including such proceeds to such project or projects by year expenditure period beginning on such titles 23, 40, and 49 of the United States Code, a State infrastructure bank, date, which would otherwise apply to projects to

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States by taxing motor fuels used in the to— (2) Subparagraph (C) of section 54A(d)(2) of States and then distributing the proceeds to ‘‘(A) funds made available under each TRIP such Code is amended by striking ‘‘and’’ at the States based on the Federal Govern- Bonds Trust Account for similar qualified the end of clause (iv), by striking the period ment’s perceptions of what is best for the projects, other than contributions required at the end of clause (v) and inserting ‘‘, and’’, States; under subsection (h), and and by adding at the end the following new (7) the Federal Government has used the ‘‘(B) similar qualified projects assisted clause: Federal motor fuels tax revenues to force all through the use of such funds. ‘‘(vi) in the case of a TRIP bond, a purpose States to take actions that are not nec- ‘‘(6) INVESTMENT.—Subject to subsections specified in section 54G(a)(1).’’. essarily appropriate for individual States; (e) and (f), it shall be the duty of the State (d) CLERICAL AMENDMENT.—The table of (8) the Federal distribution, review, and infrastructure bank to invest in investment sections for subpart I of part IV of sub- enforcement process wastes billions of dol- grade obligations such portion of the TRIP chapter A of chapter 1 of the Internal Rev- lars on unproductive activities; Bonds Trust Account held by such Bank as is enue Code of 1986 is amended by adding at (9) Federal mandates that apply uniformly not, in the judgment of such bank, required the end the following new item: to all 50 States, regardless of the different to meet current withdrawals. To the max- ‘‘Sec. 54G. TRIP bonds.’’. circumstances of the States, cause the imum extent practicable, investments (e) EFFECTIVE DATE.—The amendments States to waste billions of hard-earned tax should be made in securities that support in- made by this section shall apply to bonds dollars on projects, programs, and activities frastructure investment at the State and issued after December 31, 2012. that the States would not otherwise under- local level. (f) EXTENSION OF CUSTOMS USER FEES.— take; and ‘‘(h) STATE CONTRIBUTION REQUIREMENTS.— Section 13031(j)(3) of the Consolidated Omni- (10) Congress has expressed a strong inter- ‘‘(1) IN GENERAL.—For purposes of sub- bus Budget Reconciliation Act of 1985 (19 est in reducing the role of the Federal Gov- section (a)(6), the State contribution re- U.S.C. 58c(j)(3)) is amended by adding at the ernment by allowing each State to manage quirement of this subsection is met with re- end the following: its own affairs. spect to any qualified project if the State in- ‘‘(E)(i) Notwithstanding subparagraph (A), (b) PURPOSES.—The purposes of this Act frastructure bank has received for deposit fees may be charged under paragraphs (9) and are— into the TRIP Bonds Trust Account held by (10) of subsection (a) during the period begin- (1) to return to the individual States max- such bank from 1 or more States, not later ning on October 1, 2021, and ending on Octo- imum discretionary authority and fiscal re- than the date of issuance of the bond, the ber 1, 2029. sponsibility for all elements of the national first of 10 equal annual installments consti- ‘‘(ii) Notwithstanding subparagraph (B)(i), surface transportation systems that are not tuting one-tenth of the contributions of not fees may be charged under paragraphs (1) within the direct purview of the Federal less than 20 percent (or such smaller percent- through (8) of subsection (a) during the pe- Government; age as determined under title 23, United riod beginning on October 1, 2021, and ending (2) to preserve Federal responsibility for States Code, for such State) of the cost of on October 1, 2029.’’. the Dwight D. Eisenhower National System the qualified project. of Interstate and Defense Highways; ‘‘(2) STATE CONTRIBUTIONS MAY NOT INCLUDE SA 1693. Mr. DEMINT submitted an (3) to preserve the responsibility of the De- FEDERAL FUNDS.—For purposes of this sub- amendment intended to be proposed by partment of Transportation for— section, State contributions shall not be de- him to the bill S. 1813, to reauthorize (A) design, construction, and preservation of transportation facilities on Federal public rived, directly or indirectly, from Federal Federal-aid highway and highway safe- funds, including any transfers from the High- land; way Trust Fund under section 9503. ty construction programs, and for (B) national programs of transportation re- ‘‘(i) UTILIZATION OF UPDATED CONSTRUCTION other purposes; which was ordered to search and development and transportation TECHNOLOGY FOR QUALIFIED PROJECTS.—For lie on the table; as follows: safety; and purposes of subsection (a)(7), the require- Beginning on page 1, strike line 4 and all (C) emergency assistance to the States in ment of this subsection is met if the appro- that follows through the end of the bill and, response to natural disasters; priate State agency relating to the qualified at the appropriate place, insert the fol- (4) to eliminate to the maximum extent project is utilizing updated construction lowing: practicable Federal obstacles to the ability technologies. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. of each State to apply innovative solutions ‘‘(j) OTHER DEFINITIONS AND SPECIAL (a) SHORT TITLE.—This Act may be cited as to the financing, design, construction, oper- RULES.—For purposes of this section— the ‘‘Transportation Empowerment Act’’. ation, and preservation of Federal and State ‘‘(1) STATE INFRASTRUCTURE BANK.— (b) TABLE OF CONTENTS.—The table of con- transportation facilities; and ‘‘(A) IN GENERAL.—The term ‘State infra- tents of this Act is as follows: (5) with respect to transportation activi- structure bank’ means a State infrastructure Sec. 1. Short title; table of contents. ties carried out by States, local govern- bank established under section 610 of title 23, Sec. 2. Findings and purposes. ments, and the private sector, to encour- United States Code, and includes a joint ven- Sec. 3. Limitation on expenditures. age— ture among 2 or more State infrastructure Sec. 3. Funding for core highway programs. (A) competition among States, local gov- banks. Sec. 4. Infrastructure Special Assistance ernments, and the private sector; and ‘‘(B) SPECIAL AUTHORITY.—Notwithstanding Fund. (B) innovation, energy efficiency, private any other provision of law, a State infra- Sec. 5. Return of excess tax receipts to sector participation, and productivity. structure bank shall be authorized to per- States. SEC. 3. LIMITATION ON EXPENDITURES. form any of the functions necessary to carry Sec. 6. Reduction in taxes on gasoline, diesel Notwithstanding any other provision of out the purposes of this section, including fuel, kerosene, and special fuels law, if the Secretary of Transportation de- the making of direct grants to qualified funding Highway Trust Fund. termines for any fiscal year that the aggre- projects from available project proceeds of Sec. 7. Report to Congress. gate amount required to carry out transpor- TRIP bonds issued by such bank. Sec. 8. Effective date contingent on certifi- tation programs and projects under this Act ‘‘(2) CREDITS MAY BE TRANSFERRED.—Noth- cation of deficit neutrality. and amendments made by this Act exceeds ing in any law or rule of law shall be con- SEC. 2. FINDINGS AND PURPOSES. the estimated aggregate amount in the High- strued to limit the transferability of the (a) FINDINGS.—Congress finds that— way Trust Fund available for those programs credit or bond allowed by this section (1) the objective of the Federal highway and projects for the fiscal year, each amount through sale and repurchase agreements. program has been to facilitate the construc- made available for such a program or project ‘‘(3) PROHIBITION ON USE OF HIGHWAY TRUST tion of a modern freeway system that pro- shall be reduced by the pro rata percentage FUND.—Notwithstanding any other provision motes efficient interstate commerce by con- required to reduce the aggregate amount re- of law, no funds derived from the Highway necting all States; quired to carry out those programs and Trust Fund established under section 9503 (2) that objective has been attained, and projects to an amount equal to that avail- shall be used to pay for credits under this the Interstate System connecting all States able for those programs and projects in the section.’’. is near completion; Highway Trust Fund for the fiscal year. (c) CONFORMING AMENDMENTS.— (3) each State has the responsibility of pro- SEC. 4. FUNDING FOR CORE HIGHWAY PRO- (1) Paragraph (1) of section 54A(d) of the viding an efficient transportation network GRAMS. Internal Revenue Code of 1986 is amended— for the residents of the State; (a) IN GENERAL.— (A) by striking ‘‘or’’ at the end of subpara- (4) each State has the means to build and (1) FUNDING.—For the purpose of carrying graph (D), operate a network of transportation sys- out title 23, United States Code, the fol- (B) by inserting ‘‘or’’ at the end of subpara- tems, including highways, that best serves lowing sums are authorized to be appro- graph (E), the needs of the State; priated out of the Highway Trust Fund: (C) by inserting after subparagraph (E) the (5) each State is best capable of deter- (A) INTERSTATE MAINTENANCE PROGRAM.— following new subparagraph: mining the needs of the State and acting on For the Interstate maintenance program ‘‘(F) a TRIP bond,’’, and those needs; under section 119 of title 23, United States

VerDate Mar 15 2010 03:52 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.067 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S868 CONGRESSIONAL RECORD — SENATE February 16, 2012 Code, $5,200,000,000 for fiscal year 2014, and the National Highway System’’ and in- (A) in the first sentence, by striking $5,280,000,000 for fiscal year 2015, $5,360,000,000 serting ‘‘system is the Interstate System’’. ‘‘under subsection (a) of section 104 of this for fiscal year 2016, $5,440,000,000 for fiscal (4) INTERSTATE MAINTENANCE PROGRAM.— title’’ and inserting ‘‘to carry out this sec- year 2017, and $5,520,000,000 for fiscal year Section 104(b) of title 23, United States Code, tion’’; and 2018. is amended by striking paragraph (4) and in- (B) by striking the second sentence. (B) EMERGENCY RELIEF.—For emergency re- serting the following: (7) FEDERALIZATION AND DEFEDERALIZATION lief under section 125 of that title, ‘‘(4) INTERSTATE MAINTENANCE COMPO- OF PROJECTS.—Notwithstanding any other $100,000,000 for each of fiscal years 2014 NENT.—For each of fiscal years 2014 through provision of law, beginning on October 1, through 2018. 2018, for the Interstate maintenance program 2013— (C) INTERSTATE BRIDGE PROGRAM.—For the under section 119, 1 percent to the Virgin Is- (A) a highway construction or improve- Interstate bridge program under section 144 lands, Guam, American Samoa, and the Com- ment project shall not be considered to be a of that title, $2,527,000,000 for fiscal year 2014, monwealth of the Northern Mariana Islands Federal highway construction or improve- $2,597,000,000 for fiscal year 2015, $2,667,000,000 and the remaining 99 percent apportioned as ment project unless and until a State ex- for fiscal year 2016, $2,737,000,000 for fiscal follows: pends Federal funds for the construction por- year 2017, and $2,807,000,000 for fiscal year ‘‘(A)(i) For each State with an average pop- tion of the project; 2018. ulation density of 20 persons or fewer per (B) a highway construction or improve- (D) FEDERAL LANDS HIGHWAYS PROGRAM.— square mile, and each State with a popu- ment project shall not be considered to be a (i) INDIAN RESERVATION ROADS.—For Indian lation of 1,500,000 persons or fewer and with Federal highway construction or improve- reservation roads under section 204 of that a land area of 10,000 square miles or less, the ment project solely by reason of the expendi- title, $470,000,000 for fiscal year 2014, greater of— ture of Federal funds by a State before the $510,000,000 for fiscal year 2015, $550,000,000 for ‘‘(I) a percentage share of apportionments construction phase of the project to pay ex- fiscal year 2016, $590,000,000 for fiscal year equal to the percentage for the State de- penses relating to the project, including for 2017, and $630,000,000 for fiscal year 2018. scribed in clause (ii); or any environmental document or design work (ii) PUBLIC LANDS HIGHWAYS.—For public ‘‘(II) a share determined under subpara- required for the project; and lands highways under section 204 of that graph (B). (C)(i) a State may, after having used Fed- title, $300,000,000 for fiscal year 2014, ‘‘(ii) The percentage referred to in clause eral funds to pay all or a portion of the costs $310,000,000 for fiscal year 2015, $320,000,000 for (i)(I) for a State for a fiscal year shall be the of a highway construction or improvement fiscal year 2016, $330,000,000 for fiscal year percentage calculated for the State for the project, reimburse the Federal Government 2017, and $340,000,000 for fiscal year 2018. fiscal year under section 105(b) of title 23, in an amount equal to the amount of Federal (iii) PARKWAYS AND PARK ROADS.—For United States Code. funds so expended; and parkways and park roads under section 204 of ‘‘(B) For each State not described in sub- (ii) after completion of a reimbursement that title, $255,000,000 for fiscal year 2014, paragraph (A), a share of the apportionments described in clause (i), a highway construc- $270,000,000 for fiscal year 2015, $285,000,000 for remaining determined in accordance with tion or improvement project described in fiscal year 2016, $300,000,000 for fiscal year the following formula: that clause shall no longer be considered to 1 2017, and $315,000,000 for fiscal year 2018. ‘‘(i) ⁄9 in the ratio that the total rural lane be a Federal highway construction or im- (iv) REFUGE ROADS.—For refuge roads miles in each State bears to the total rural provement project. under section 204 of that title, $32,000,000 for lane miles in all States with an average pop- (8) REPORTING REQUIREMENTS.—No report- each of fiscal years 2014 through 2018. ulation density greater than 20 persons per ing requirement, other than a reporting re- (E) HIGHWAY SAFETY PROGRAMS.— square mile and all States with a population quirement in effect as of the date of enact- (i) IN GENERAL.—For highway safety pro- of more than 1,500,000 persons and with a ment of this Act, shall apply on or after Oc- grams under section 402 of that title, land area of more than 10,000 square miles. tober 1, 2013, to the use of Federal funds for $170,000,000 for each of fiscal years 2014 ‘‘(ii) 1⁄9 in the ratio that the total rural ve- highway projects by a public-private part- through 2018. hicle miles traveled in each State bears to nership. (ii) HIGHWAY SAFETY RESEARCH AND DEVEL- the total rural vehicle miles traveled in all OPMENT.—For highway safety research and States described in clause (i). (b) EXPENDITURES FROM HIGHWAY TRUST FUND.— development under section 403 of that title, ‘‘(iii) 2⁄9 in the ratio that the total urban $35,000,000 for each of fiscal years 2014 lane miles in each State bears to the total (1) EXPENDITURES FOR CORE PROGRAMS.— through 2018. urban lane miles in all States described in Section 9503(c) of the Internal Revenue Code (F) SURFACE TRANSPORTATION RESEARCH.— clause (i). of 1986 is amended— For cooperative agreements with nonprofit ‘‘(iv) 2⁄9 in the ratio that the total urban (A) in paragraph (1), by striking ‘‘Surface research organizations to carry out applied vehicle miles traveled in each State bears to Transportation Extension Act of 2011, Part pavement research under section 502 of that the total urban vehicle miles traveled in all II’’ and inserting ‘‘Transportation Empower- title, $200,000,000 for each of fiscal years 2014 States described in clause (i). ment Act’’; through 2018. ‘‘(v) 3⁄9 in the ratio that the total diesel (B) in paragraph (1), by striking ‘‘April 1, (G) ADMINISTRATIVE EXPENSES.—For ad- fuel used in each State bears to the total die- 2012’’ and inserting ‘‘October 1, 2018’’; ministrative expenses incurred in carrying sel fuel used in all States described in clause (C) in paragraphs (3)(A)(i), (4)(A), and (5), out the programs referred to in subpara- (i).’’. by striking ‘‘April 1, 2012’’ each place it ap- graphs (A) through (F), $92,890,000 for fiscal (5) INTERSTATE BRIDGE PROGRAM.—Section pears and inserting ‘‘October 1, 2020’’; and year 2014, $95,040,000 for fiscal year 2015, 144 of title 23, United States Code, is amend- (D) in paragraph (2), by striking ‘‘January $97,190,000 for fiscal year 2016, $99,340,000 for ed— 1, 2013’’ and inserting ‘‘July 1, 2021’’. fiscal year 2017, and $101,490,000 for fiscal (A) in subsection (d)— (2) AMOUNTS AVAILABLE FOR CORE PROGRAM year 2018. (i) by inserting ‘‘on the Federal-aid system EXPENDITURES.—Section 9503 of such Code is (2) TRANSFERABILITY OF FUNDS.—Section or described in subsection (c)(3)’’ after ‘‘high- amended by adding at the end the following: 104 of title 23, United States Code, is amend- way bridge’’ each place it appears; and ‘‘(g) CORE PROGRAMS FINANCING RATE.—For ed by striking subsection (g) and inserting (ii) by inserting ‘‘on the Federal-aid sys- purposes of this section— the following: tem or described in subsection (c)(3)’’ after ‘‘(1) IN GENERAL.—Except as provided in ‘‘(g) TRANSFERABILITY OF FUNDS.— ‘‘highway bridges’’ each place it appears; paragraph (2)— ‘‘(1) IN GENERAL.—To the extent that a (B) in the second sentence of subsection ‘‘(A) in the case of gasoline and special State determines that funds made available (e)— motor fuels the tax rate of which is the rate under this title to the State for a purpose (i) in paragraph (1), by adding ‘‘and’’ at the specified in section 4081(a)(2)(A)(i), the core are in excess of the needs of the State for end; programs financing rate is— that purpose, the State may transfer the ex- (ii) in paragraph (2), by striking the ‘‘(i) after September 30, 2013, and before Oc- cess funds to, and use the excess funds for, comma at the end and inserting a period; and tober 1, 2014, 18.3 cents per gallon, any surface transportation (including mass (iii) by striking paragraphs (3) and (4); ‘‘(ii) after September 30, 2014, and before transit and rail) purpose in the State. (C) in the first sentence of subsection (k), October 1, 2015, 9.6 cents per gallon, ‘‘(2) ENFORCEMENT.—If the Secretary deter- by inserting ‘‘on the Federal-aid system or ‘‘(iii) after September 30, 2015, and before mines that a State has transferred funds described in subsection (c)(3)’’ after ‘‘any October 1, 2016, 6.4 cents per gallon, under paragraph (1) to a purpose that is not bridge’’; ‘‘(iv) after September 30, 2016, and before a surface transportation purpose as described (D) in subsection (l)(1), by inserting ‘‘on October 1, 2017, 5.0 cents per gallon, and in paragraph (1), the amount of the improp- the Federal-aid system or described in sub- ‘‘(v) after September 30, 2017, 3.7 cents per erly transferred funds shall be deducted from section (c)(3)’’ after ‘‘construct any bridge’’; gallon, and any amount the State would otherwise re- and ‘‘(B) in the case of kerosene, diesel fuel, ceive from the Highway Trust Fund for the (E) in the first sentence of subsection (m), and special motor fuels the tax rate of which fiscal year that begins after the date of the by inserting ‘‘for each of fiscal years 1991 is the rate specified in section determination.’’. through 2013,’’ after ‘‘of law,’’. 4081(a)(2)(A)(iii), the core programs financing (3) FEDERAL-AID SYSTEM.—Section 103(a) of (6) NATIONAL DEFENSE HIGHWAYS.—Section rate is— title 23, United States Code, is amended by 311 of title 23, United States Code, is amend- ‘‘(i) after September 30, 2013, and before Oc- striking ‘‘systems are the Interstate System ed— tober 1, 2014, 24.3 cents per gallon,

VerDate Mar 15 2010 03:52 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.069 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S869 ‘‘(ii) after September 30, 2014, and before share of which is determined under subclause SEC. 7. REDUCTION IN TAXES ON GASOLINE, DIE- October 1, 2015, 12.7 cents per gallon, (I). SEL FUEL, KEROSENE, AND SPECIAL ‘‘(iii) after September 30, 2015, and before ‘‘(iii) DISTRIBUTION OF REMAINING FUELS FUNDING HIGHWAY TRUST FUND. October 1, 2016, 8.5 cents per gallon, AMOUNT.—If after September 30, 2017, a por- ‘‘(iv) after September 30, 2016, and before tion of the amount specified in clause (i) re- (a) REDUCTION IN TAX RATE.— October 1, 2017, 6.6 cents per gallon, and mains, the Secretary, in consultation with (1) IN GENERAL.—Section 4081(a)(2)(A) of ‘‘(v) after September 30, 2017, 5.0 cents per the Secretary of Transportation, shall, on the Internal Revenue Code of 1986 is amend- gallon. October 1, 2017, apportion the portion among ed— ‘‘(2) APPLICATION OF RATE.—In the case of the States using the percentages determined (A) in clause (i), by striking ‘‘18.3 cents’’ fuels used as described in paragraph (3)(C), under clause (ii)(I) for such States. and inserting ‘‘3.7 cents’’; and (4)(B), and (5) of subsection (c), the core pro- ‘‘(B) ADDITIONAL EXPENDITURES FROM (B) in clause (iii), by striking ‘‘24.3 cents’’ grams financing rate is zero.’’. FUND.— and inserting ‘‘5.0 cents’’. (c) TERMINATION OF TRANSFERS TO MASS ‘‘(i) IN GENERAL.—Amounts in the Infra- (2) CONFORMING AMENDMENTS.— TRANSIT ACCOUNT.—Section 9503(e)(2) of the structure Special Assistance Fund, in excess (A) Section 4081(a)(2)(D) of such Code is Internal Revenue Code of 1986 is amended by of the amount specified in subparagraph amended— inserting ‘‘, and before October 1, 2013’’ after (A)(i), shall be available, as provided by ap- (i) by striking ‘‘19.7 cents’’ and inserting ‘‘March 31, 1983’’. propriation Acts, to the States for any sur- ‘‘4.1 cents’’, and (d) EFFECTIVE DATES.— face transportation (including mass transit (ii) by striking ‘‘24.3 cents’’ and inserting (1) IN GENERAL.—Except as provided in and rail) purpose in such States, and the Sec- ‘‘5.0 cents’’. paragraph (2), the amendments made by this retary shall apportion such excess amounts (B) Section 6427(b)(2)(A) of such Code is section take effect on October 1, 2013. among all States using the percentages de- amended by striking ‘‘7.4 cents’’ and insert- (2) CERTAIN EXTENSIONS.—The amendments termined under clause (ii)(I) for such States. ing ‘‘1.5 cents’’. made by subsection (b)(1) shall take effect on ‘‘(ii) ENFORCEMENT.—If the Secretary de- (b) ADDITIONAL CONFORMING AMEND- April 1, 2012. termines that a State has used amounts MENTS.— SEC. 5. INFRASTRUCTURE SPECIAL ASSISTANCE under clause (i) for a purpose which is not a (1) Section 4041(a)(1)(C)(iii)(I) of the Inter- FUND. surface transportation purpose as described nal Revenue Code of 1986 is amended by (a) BALANCE OF CORE PROGRAMS FINANCING in clause (i), the improperly used amounts striking ‘‘7.3 cents per gallon (4.3 cents per RATE DEPOSITED IN FUND.—Section 9503 of shall be deducted from any amount the State gallon after March 31, 2012)’’ and inserting the Internal Revenue Code of 1986 is amended would otherwise receive from the Highway ‘‘1.4 cents per gallon (zero after September by adding at the end the following: Trust Fund for the fiscal year which begins 30, 2020)’’. ‘‘(h) ESTABLISHMENT OF INFRASTRUCTURE after the date of the determination.’’. (2) Section 4041(a)(2)(B)(ii) of such Code is SPECIAL ASSISTANCE FUND.— (b) EFFECTIVE DATE.—The amendment amended by striking ‘‘24.3 cents’’ and insert- ‘‘(1) CREATION OF FUND.—There is estab- made by this section takes effect on October ing ‘‘5.0 cents’’. (3) Section 4041(a)(3)(A) of such Code is lished in the Highway Trust Fund a separate 1, 2013. fund to be known as the ‘Infrastructure Spe- amended by striking ‘‘18.3 cents’’ and insert- cial Assistance Fund’ consisting of such SEC. 6. RETURN OF EXCESS TAX RECEIPTS TO ing ‘‘3.7 cents’’. amounts as may be transferred or credited to STATES. (4) Section 4041(m)(1) of such Code is amended— the Infrastructure Special Assistance Fund (a) IN GENERAL.—Section 9503(c) of the In- (A) in subparagraph (A), by striking ‘‘April as provided in this subsection or section ternal Revenue Code of 1986 is amended by 1, 2012’’ and inserting ‘‘October 1, 2020,’’; 9602(b). adding at the end the following: ‘‘(2) TRANSFERS TO INFRASTRUCTURE SPE- (B) in subparagraph (A)(i), by striking ‘‘9.15 ‘‘(6) RETURN OF EXCESS TAX RECEIPTS TO CIAL ASSISTANCE FUND.—On the first day of cents’’ and inserting ‘‘1.8 cents’’; STATES FOR SURFACE TRANSPORTATION PUR- each fiscal year, the Secretary, in consulta- (C) in subparagraph (A)(ii), by striking POSES.— tion with the Secretary of Transportation, ‘‘11.3 cents’’ and inserting ‘‘2.3 cents’’; and ‘‘(A) IN GENERAL.—On the first day of each (D) by striking subparagraph (B) and in- shall determine the excess (if any) of— of fiscal years 2014, 2015, 2016, and 2017, the ‘‘(A) the sum of— serting the following: Secretary, in consultation with the Sec- ‘‘(B) zero after September 30, 2020.’’. ‘‘(i) the amounts appropriated in such fis- retary of Transportation, shall— cal year to the Highway Trust Fund under (5) Section 4081(d)(1) of such Code is amend- ‘‘(i) determine the excess (if any) of— ed by striking ‘‘4.3 cents per gallon after subsection (b) which are attributable to the ‘‘(I) the amounts appropriated in such fis- core programs financing rate for such year, March 31, 2012’’ and inserting ‘‘zero after cal year to the Highway Trust Fund under September 30, 2020’’. plus subsection (b) which are attributable to the ‘‘(ii) the amounts appropriated in such fis- (6) Section 9503(b) of such Code is amend- taxes described in paragraphs (1) and (2) ed— cal year to the Highway Trust Fund under thereof (after the application of paragraph subsection (b) which are attributable to (A) in paragraphs (1) and (2), by striking (4) thereof) over the sum of— ‘‘April 1, 2012’’ both places it appears and in- taxes under sections 4051, 4071, and 4481 for ‘‘(II) the amounts so appropriated which such year, over serting ‘‘October 1, 2020’’; are equivalent to— (B) in the heading of paragraph (2), by ‘‘(B) the amount appropriated under sub- ‘‘(aa) such amounts attributable to the striking ‘‘APRIL 1, 2012’’ and inserting ‘‘OCTO- section (c) for such fiscal year, core programs financing rate for such year, BER 1, 2020’’; and shall transfer such excess to the Infra- plus structure Special Assistance Fund. (C) in paragraph (2), by striking ‘‘after ‘‘(bb) the taxes described in paragraphs March 31, 2012, and before January 1, 2013’’ ‘‘(3) EXPENDITURES FROM INFRASTRUCTURE (3)(C), (4)(B), and (5) of subsection (c), and SPECIAL ASSISTANCE FUND.— and inserting ‘‘after September 30, 2020, and ‘‘(ii) allocate the amount determined under before July 1, 2021’’; and ‘‘(A) TRANSITIONAL ASSISTANCE.— clause (i) among the States (as defined in ‘‘(i) IN GENERAL.—Except as provided in (D) in paragraph (6)(B), by striking ‘‘April section 101(a) of title 23, United States Code) 1, 2012’’ and inserting ‘‘October 1, 2018’’. clause (iii), during fiscal years 2014 through for surface transportation (including mass 2017, $1,000,000,000 in the Infrastructure Spe- transit and rail) purposes so that— (c) FLOOR STOCK REFUNDS.— cial Assistance Fund shall be available to ‘‘(I) the percentage of that amount allo- (1) IN GENERAL.—If— States for transportation-related program cated to each State, is equal to (A) before October 1, 2017, tax has been im- expenditures. ‘‘(II) the percentage of the amount deter- posed under section 4081 of the Internal Rev- ‘‘(ii) STATE SHARE.—Each State is entitled mined under clause (i)(I) paid into the High- enue Code of 1986 on any liquid; and to a share of the amount specified in clause way Trust Fund in the latest fiscal year for (B) on such date such liquid is held by a (i) determined in the following manner: which such data are available which is at- dealer and has not been used and is intended ‘‘(I) Multiply the percentage of the tributable to highway users in the State. for sale; amounts appropriated in the latest fiscal there shall be credited or refunded (without ‘‘(B) ENFORCEMENT.—If the Secretary de- year for which such data are available to the termines that a State has used amounts interest) to the person who paid such tax (in Highway Trust Fund under subsection (b) under subparagraph (A) for a purpose which this subsection referred to as the ‘‘tax- which is attributable to taxes paid by high- is not a surface transportation purpose as de- payer’’) an amount equal to the excess of the way users in the State, by the amount speci- scribed in subparagraph (A), the improperly tax paid by the taxpayer over the amount of fied in clause (i). If the result does not ex- used amounts shall be deducted from any such tax which would be imposed on such liq- ceed $15,000,000, the State’s share equals amount the State would otherwise receive uid had the taxable event occurred on such $15,000,000. If the result exceeds $15,000,000, from the Highway Trust Fund for the fiscal date. the State’s share is determined under sub- year which begins after the date of the deter- (2) TIME FOR FILING CLAIMS.—No credit or clause (II). mination.’’. refund shall be allowed or made under this ‘‘(II) Multiply the percentage determined subsection unless— under subclause (I), by the amount specified (b) EFFECTIVE DATE.—The amendment (A) claim therefor is filed with the Sec- in clause (i) reduced by an amount equal to made by this section takes effect on October retary of the Treasury before April 1, 2018; $15,000,000 times the number of States the 1, 2013. and

VerDate Mar 15 2010 03:52 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.069 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S870 CONGRESSIONAL RECORD — SENATE February 16, 2012 (B) in any case where liquid is held by a (B) estimate the net change in discre- In division D, on page 232, strike lines 1 dealer (other than the taxpayer) on October tionary outlays resulting from the reduction through 5 and insert the following: 1, 2017— in contract authority under this Act for each ‘‘(G) target areas with high rates of unem- (i) the dealer submits a request for refund fiscal year through fiscal year 2018; ployment; or credit to the taxpayer before January 1, (C) determine, based on those estimates, ‘‘(H) address current or projected work- 2018; and whether the reduction in discretionary out- force shortages in areas that require tech- (ii) the taxpayer has repaid or agreed to lays is at least as great as the reduction in nical expertise; and repay the amount so claimed to such dealer revenues for each fiscal year through fiscal ‘‘(I) carry out programs that work with or has obtained the written consent of such year 2018; and community colleges with experience in de- dealer to the allowance of the credit or the (D) submit to Congress a report setting veloping activities eligible for assistance making of the refund. forth the estimates and determination. under subsection (a). (3) EXCEPTION FOR FUEL HELD IN RETAIL (2) APPLICABLE ASSUMPTIONS AND GUIDE- STOCKS.—No credit or refund shall be allowed LINES.— SA 1696. Mr. KOHL submitted an under this subsection with respect to any (A) REVENUE ESTIMATES.—The revenue esti- amendment intended to be proposed to liquid in retail stocks held at the place mates required under paragraph (1)(A) shall amendment SA 1633 proposed by Mr. where intended to be sold at retail. be predicated on the same economic and REID to the bill S. 1813, to reauthorize (4) DEFINITIONS.—For purposes of this sub- technical assumptions and scorekeeping Federal-aid highway and highway safe- section, the terms ‘‘dealer’’ and ‘‘held by a guidelines that would be used for estimates ty construction programs, and for dealer’’ have the respective meanings given made pursuant to section 252(d) of the Bal- other purposes; which was ordered to to such terms by section 6412 of such Code; anced Budget and Emergency Deficit Control lie on the table; as follows: except that the term ‘‘dealer’’ includes a pro- Act of 1985 (2 U.S.C. 902(d)). ducer. (B) OUTLAY ESTIMATES.—The outlay esti- On page 189, between lines 24 and 25, insert (5) CERTAIN RULES TO APPLY.—Rules similar mates required under paragraph (1)(B) shall the following: to the rules of subsections (b) and (c) of sec- be determined by comparing the level of dis- ‘‘(8) DATA REPORTING REQUIREMENTS.—A tion 6412 and sections 6206 and 6675 of such cretionary outlays resulting from this Act public transportation service provider that Code shall apply for purposes of this sub- with the corresponding level of discretionary receives assistance under this section or sec- section. outlays projected in the baseline under sec- tion 5311 for a fiscal year shall report to the (d) EFFECTIVE DATES.— tion 257 of the Balanced Budget and Emer- Secretary— (1) IN GENERAL.—Except as provided in gency Deficit Control Act of 1985 (2 U.S.C. ‘‘(A) the number of vehicles purchased dur- paragraph (2), the amendments made by this 907). ing the fiscal year using such assistance; and section shall apply to fuel removed after (d) CONFORMING ADJUSTMENT TO DISCRE- ‘‘(B) the number of rides provided during September 30, 2017. TIONARY SPENDING LIMITS.—On compliance the fiscal year that are attributable to such (2) CERTAIN CONFORMING AMENDMENTS.—The with the requirements specified in sub- assistance. section (b), the Director shall adjust the ad- amendments made by subsections (b)(1), Mr. KOHL submitted an (b)(4), (b)(5), and (b)(6) shall apply to fuel re- justed discretionary spending limits for each SA 1697. moved after September 30, 2011. fiscal year through fiscal year 2013 under sec- amendment intended to be proposed to tion 601(a)(2) of the Congressional Budget amendment SA 1633 proposed by Mr. SEC. 8. REPORT TO CONGRESS. Act of 1974 (2 U.S.C. 665(a)(2)) by the esti- Not later than 180 days after the date of REID to the bill S. 1813, to reauthorize mated reductions in discretionary outlays enactment of this Act, after consultation Federal-aid highway and highway safe- under subsection (c)(1)(B). with the appropriate committees of Con- ty construction programs, and for (e) PAYGO INTERACTION.—On compliance other purposes; which was ordered to gress, the Secretary of Transportation shall with the requirements specified in sub- submit a report to Congress describing such section (b), no changes in revenues estimated lie on the table; as follows: technical and conforming amendments to ti- to result from the enactment of this Act On page 195, line 15, after ‘‘agencies’’ insert tles 23 and 49, United States Code, and such shall be counted for the purposes of section the following: ‘‘, including any transpor- technical and conforming amendments to 252(d) of the Balanced Budget and Emergency tation activities carried out by the recipient other laws, as are necessary to bring those Deficit Control Act of 1985 (2 U.S.C. 902(d)). using a grant under title III of the Older titles and other laws into conformity with Americans Act of 1965 (42 U.S.C. 3021 et the policy embodied in this Act and the SA 1694. Mr. BAUCUS (for himself seq.)’’. amendments made by this Act. and Mr. BINGAMAN) submitted an Mrs. MURRAY submitted an SEC. 9. EFFECTIVE DATE CONTINGENT ON CER- amendment intended to be proposed by SA 1698. amendment intended to be proposed by TIFICATION OF DEFICIT NEU- him to the bill S. 1813, to reauthorize TRALITY. her to the bill S. 1813, to reauthorize Federal-aid highway and highway safe- (a) PURPOSE.—The purpose of this section Federal-aid highway and highway safe- ty construction programs, and for is to ensure that— ty construction programs, and for other purposes; which was ordered to (1) this Act will become effective only if other purposes; which was ordered to the Director of the Office of Management lie on the table; as follows: lie on the table; as follows: and Budget certifies that this Act is deficit Strike section 40201 and insert the fol- At the appropriate place, insert the fol- neutral; lowing: lowing: (2) discretionary spending limits are re- SEC. 40201. TEMPORARY INCREASE IN SMALL SEC. ll. PRIVATE OPERATORS OF INTERCITY duced to capture the savings realized in de- ISSUER EXCEPTION TO TAX-EXEMPT BUS SERVICE. volving transportation functions to the INTEREST EXPENSE ALLOCATION Section 5311(h)(3) of title 49, United States State level pursuant to this Act; and RULES FOR FINANCIAL INSTITU- Code, as amended by this Act, is amended— (3) the tax reduction made by this Act is TIONS. (1) in subparagraph (B), by striking ‘‘and’’ not scored under pay-as-you-go and does not (a) IN GENERAL.—Subparagraph (G) of sec- at the end; inadvertently trigger a sequestration. tion 265(b)(3) of the Internal Revenue Code of 1986 is amended— (2) in subparagraph (C), by striking the pe- (b) EFFECTIVE DATE CONTINGENCY.—Not- riod at the end and inserting ‘‘; and’’; and withstanding any other provision of this Act, (1) by striking ‘‘2009 or 2010’’ in clause (i) (3) by adding at the end the following: this Act and the amendments made by this and inserting ‘‘2009, 2010, 2012, or the period ‘‘(D) in the case of operating costs of con- Act shall take effect only if— beginning after December 31, 2012, and before necting rural intercity bus feeder service (1) the Director of the Office of Manage- July 1, 2013’’, funded under subsection (f)(1)(E), may be de- ment and Budget (referred to in this section (2) by striking ‘‘2009 or 2010’’ each place it rived from the costs of intercity bus service as the ‘‘Director’’) submits the report as re- appears in clauses (ii) and (iii) and inserting provided by a private operator, if— quired in subsection (c); and ‘‘2009, 2010, or the period beginning after ‘‘(i) the project includes both feeder service (2) the report contains a certification by June 30, 2012, and before July 1, 2013’’, and and a connecting unsubsidized intercity the Director that, based on the required esti- (3) by striking ‘‘2009 AND 2010’’ in the heading route segment; and mates, the reduction in discretionary out- and inserting ‘‘2009, 2010, 2012, AND 2013’’. (b) EFFECTIVE DATE.—The amendments ‘‘(ii) the private operator agrees in writing lays resulting from the reduction in contract made by this section shall apply to obliga- to the use of its unsubsidized costs as an in- authority is at least as great as the reduc- tions issued after June 30, 2012. kind match.’’. tion in revenues for each fiscal year through fiscal year 2018. SA 1695. Mrs. FEINSTEIN submitted SA 1699. Mrs. MURRAY submitted an (c) OMB ESTIMATES AND REPORT.— an amendment intended to be proposed amendment intended to be proposed by (1) REQUIREMENTS.—Not later than 5 cal- endar days after the date of enactment of by her to the bill S. 1813, to reauthorize her to the bill S. 1813, to reauthorize this Act, the Director shall— Federal-aid highway and highway safe- Federal-aid highway and highway safe- (A) estimate the net change in revenues re- ty construction programs, and for ty construction programs, and for sulting from this Act for each fiscal year other purposes; which was ordered to other purposes; which was ordered to through fiscal year 2018; lie on the table; as follows: lie on the table; as follows:

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On page 68, line 19, insert ‘‘(other than ‘‘ ‘(2) ELIMINATING A BREACH.— ‘‘(3) DIESEL EMISSION CONTROL TECH- amounts suballocated to metropolitan areas ‘‘ ‘(A) IN GENERAL.—Each nonexempt ac- NOLOGY.—The term ‘diesel emission control and other areas of the State under 133(d))’’ count within a category shall be reduced by technology’ means a technology that— after ‘‘104(b)(2)’’. a dollar amount calculated by multiplying ‘‘(A) is— On page 70, line 25, insert ‘‘(other than the enacted level of sequesterable budgetary ‘‘(i) a diesel exhaust control technology; amounts suballocated to metropolitan areas resources in that account by the uniform ‘‘(ii) a diesel engine upgrade; and other areas of the State under 133(d))’’ percentage necessary to eliminate a breach ‘‘(iii) a diesel engine repower; after ‘‘104(b)(2)’’. within that category. ‘‘(iv) an idle reduction control technology; On page 127, line 18, insert ‘‘(other than ‘‘ ‘(B) OVERSEAS CONTINGENCIES.—Any or amounts suballocated to metropolitan areas amount of budget authority for overseas con- ‘‘(v) any combination of the technologies and other areas of the State under 133(d))’’ tingency operations and related activities listed in clauses (i) through (iv); after ‘‘104(b)(2)’’. for fiscal year 2013 in excess of the level es- ‘‘(B) reduces particulate matter emission tablished in subsection (b)(2)(E) shall be from covered equipment by— SA 1700. Mr. CASEY submitted an counted in determining whether a breach has ‘‘(i) not less than 85 percent control of any amendment intended to be proposed by occurred in the security category and the emission of particulate matter; or him to the bill S. 1813, to reauthorize nonsecurity category on a proportional basis ‘‘(ii) the maximum achievable reduction of Federal-aid highway and highway safe- to the total spending for overseas contin- any emission of particulate matter; and ‘‘(C) is installed on and operated with the ty construction programs, and for gency operations in the security category and the nonsecurity category.’. covered equipment while the equipment is other purposes; which was ordered to ‘‘(iii) CONFORMING AMENDMENT.—Section operated on a covered public transportation lie on the table; as follows: 251(b)(2) of the Balanced Budget and Emer- construction project and that remains oper- At the appropriate place, insert the fol- gency Deficit Control Act of 1985 (2 U.S.C. ational on the covered equipment for the lowing: 901(b)(2)) is amended by striking subpara- useful life of the control technology or SEC. ll. HIGH-SPEED RAIL EQUIPMENT. graph (A) and inserting the following: equipment. The Secretary of Transportation shall not ‘‘ ‘(A) EMERGENCY APPROPRIATIONS.—If, for ‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible entity’ means an entity (including a subcon- preclude the use of Federal funds made avail- any fiscal year, appropriations for discre- tractor of the entity) that has entered into a able to purchase rolling stock to purchase tionary accounts are enacted that Congress prime contract or agreement with a State to any equipment used for ‘‘high-speed rail’’ (as designates as emergency requirements in law carry out a covered public transportation defined in section 26106(b)(4) of title 49, on an account by account basis and the construction project. United States Code) that otherwise complies President subsequently so designates, the ad- ‘‘(5) NONROAD DIESEL EQUIPMENT.— with applicable Federal standards, including justment shall be the total of such appro- ‘‘(A) IN GENERAL.—The term ‘nonroad die- safety, Buy America, and environmental priations in discretionary accounts des- sel equipment’ means a vehicle, including standards. ignated as emergency requirements.’. covered equipment, that is— ‘‘(i) powered by a nonroad diesel engine of SA 1701. Mr. WHITEHOUSE (for him- SA 1702. Mr. CARPER submitted an amendment intended to be proposed by not less than 50 horsepower; and self and Mr. REED) submitted an ‘‘(ii) not intended for highway use. amendment intended to be proposed by him to the bill S. 1813, to reauthorize ‘‘(B) INCLUSIONS.—The term ‘nonroad diesel him to the bill S. 1813, to reauthorize Federal-aid highway and highway safe- equipment’ includes a backhoe, bulldozer, Federal-aid highway and highway safe- ty construction programs, and for compressor, crane, excavator, generator, and ty construction programs, and for other purposes; which was ordered to similar equipment. other purposes; which was ordered to lie on the table; as follows: ‘‘(C) EXCLUSIONS.—The term ‘nonroad die- lie on the table; as follows: At the appropriate place, insert the fol- sel equipment’ does not include a locomotive lowing: or marine vessel. On page 41, between lines 15 and 16, insert ‘‘(6) ON-ROAD DIESEL EQUIPMENT.—The term the following: SEC. lll. CONSTRUCTION EQUIPMENT AND VE- ‘on-road diesel equipment’ means any self- HICLES. ‘‘(4) PROJECTS OF NATIONAL AND REGIONAL propelled vehicle that— (a) IN GENERAL.—Chapter 53 of title 49, SIGNIFICANCE.— ‘‘(A) operates on diesel fuel; United States Code, as amended by this Act, ‘‘(A) APPROPRIATION.— ‘‘(B) is designed to transport persons or is amended by adding at the end the fol- ‘‘(i) IN GENERAL.—Notwithstanding any property on a street or highway; and lowing: other provision of law, on October 1, 2012, out ‘‘(C) has a gross vehicle weight rating of at of any funds in the Treasury not otherwise ‘‘§ 5341. Construction equipment and vehicles least 14,000 pounds. appropriated, the Secretary of the Treasury ‘‘(a) IN GENERAL.—In accordance with the ‘‘(7) PM2.5 NONATTAINMENT OR MAINTENANCE shall transfer to the Secretary for the cost of obligation process established pursuant to AREA.—The term ‘PM2.5 nonattainment or the projects of national and regional signifi- section 149(j)(4) of title 23, a State shall ex- maintenance area’ means a nonattainment cance program under section 1118 pend amounts required to be obligated for or maintenance area designated under sec- $1,000,000,000, to remain available until ex- this section to install diesel emission control tion 107(d)(6) of the Clean Air Act (42 U.S.C. pended. technology on covered equipment, with an 7407(d)(6)). ‘‘(ii) RECEIPT AND ACCEPTANCE.—The Sec- engine that does not meet current model ‘‘(c) CRITERIA ELIGIBLE ACTIVITIES.—For retary shall be entitled to receive, shall ac- year new engine standards for particulate purposes of subsection (b)(3)(A): cept, and shall use to carry out this section matter for the applicable engine power group ‘‘(1) DIESEL EXHAUST CONTROL TECH- the funds transferred under clause (i), with- issued by the Environmental Protection NOLOGY.—For a diesel exhaust control tech- out further appropriation. Agency, on a covered public transportation nology, the technology shall be— ‘‘(B) OFFSET.— construction project within a PM2.5 non- ‘‘(A) installed on a diesel engine or vehicle; ‘‘(i) IN GENERAL.—Section 251(b)(2) of the attainment or maintenance area. ‘‘(B) included in the list of verified or cer- Balanced Budget and Emergency Deficit ‘‘(b) DEFINITIONS.—In this section, the fol- tified technologies for nonroad vehicles and Control Act of 1985 (2 U.S.C. 901(b)(2)) is lowing definitions apply: nonroad engines (as defined in section 216 of amended by adding at the end the following: ‘‘(1) COVERED EQUIPMENT.—The term ‘cov- the Clean Air Act (42 U.S.C. 7550)) published ‘‘ ‘(E) OVERSEAS CONTINGENCY AND RELATED ered equipment’ means any nonroad diesel pursuant to subsection (f)(2) of section 149 of ACTIVITIES.— equipment or on-road diesel equipment that title 23, as in effect on the date on which the ‘‘ ‘(i) CAP ADJUSTMENT.—If a bill or joint is operated on a covered public transpor- eligible entity enters into a prime contract resolution making appropriations for a fiscal tation construction project for not less than or agreement with a State to carry out a year is enacted that specifies an amount for 80 hours over the life of the project. covered public transportation construction overseas contingency and related activities ‘‘(2) COVERED PUBLIC TRANSPORTATION CON- project; and for that fiscal year, but not to exceed the STRUCTION PROJECT.—The term ‘covered pub- ‘‘(C) certified by the installer as having amounts specified in clause (ii), the adjust- lic transportation construction project’— been installed in accordance with the speci- ments for that fiscal year shall be the addi- ‘‘(A) means a public transportation con- fications included on the list referred to in tional new budget authority provided in that struction project carried out under this subparagraph (B) for achieving a reduction Act for the activities for that fiscal year. chapter, or any other Federal law, which is in particulate matter. ‘‘ ‘(ii) LEVELS.—The levels for overseas con- funded in whole or in part with Federal ‘‘(2) DIESEL ENGINE UPGRADE.—For a diesel tingency and related activities specified in funds; and engine upgrade, the upgrade shall be per- this subparagraph for fiscal year 2013 is ‘‘(B) does not include any project with a formed on an engine that is— $127,658,000,000 in budget authority.’. total budgeted cost not to exceed $5,000,000 ‘‘(A) rebuilt using new or remanufactured ‘‘(ii) BREACH.—Section 251(a) of the Bal- (which, notwithstanding any other provision components that collectively appear as a anced Budget and Emergency Deficit Control of this section, may be excluded from the re- system in the list of verified or certified Act of 1985 (2 U.S.C. 901(a)) is amended by quirement to comply with this section by an technologies for nonroad vehicles and striking paragraph (2) and inserting the fol- applicable State or metropolitan planning nonroad engines (as defined in section 216 of lowing: organization). the Clean Air Act (42 U.S.C. 7550)) published

VerDate Mar 15 2010 03:52 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.078 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S872 CONGRESSIONAL RECORD — SENATE February 16, 2012 pursuant to subsection (f)(2) of section 149 of as amended by this Act, is amended by add- construction programs, and for other title 23, as in effect on the date on which the ing at the end the following: purposes; which was ordered to lie on eligible entity enters into a prime contract ‘‘5341. Construction equipment and vehi- the table; as follows: or agreement with a State to carry out a cles.’’. At the appropriate place, insert the fol- covered public transportation construction lowing: project; and SA 1703. Mr. WARNER (for himself ‘‘(B) certified by the installer to have been SEC. lll. RECEIPTS FROM PRIVATE PRO- and Mr. KIRK) submitted an amend- VIDERS OF PUBLIC TRANSPOR- installed in accordance with the specifica- ment intended to be proposed by him TATION ELIGIBLE FOR LOCAL tions included on the list referred to in sub- to the bill S. 1813, to reauthorize Fed- SHARE PILOT PROGRAM. paragraph (A) for achieving a reduction in (a) PILOT PROGRAM.—The Secretary of particulate matter. eral-aid highway and highway safety construction programs, and for other Transportation (referred to in this section as ‘‘(3) DIESEL ENGINE REPOWER.—For a diesel the ‘‘Secretary’’) shall establish a pilot pro- engine repower, the repower shall be con- purposes; which was ordered to lie on gram under which the non-Government share ducted using a new or remanufactured diesel the table; as follows: of the cost of a capital project carried out by engine that is— At the appropriate place, insert the fol- a recipient of funding under section 5307 or ‘‘(A) installed as a replacement for an en- lowing: 5311 of title 49, United States Code, as gine used in the existing equipment, subject SEC. ll. PUBLIC-PRIVATE PARTNERSHIP EX- amended by this Act, may include an to the condition that the replaced engine is PERIMENTAL PROGRAM. amount equal to the amount that a private returned to the supplier for remanufacturing (a) DEFINITIONS.—In this section— provider of public transportation receives to a more stringent set of engine emissions (1) the term ‘‘Administrator’’ means the from providing public transportation service standards or for use as scrap; and Administrator of the Federal Transit Admin- in the service area of the recipient that is in ‘‘(B) certified by the engine manufacturer istration; excess of the operating costs of the service as meeting a more stringent engine particu- (2) the term ‘‘eligible project’’ means a provided, if the rolling stock used to provide late matter emission standard for the appli- project carried out using funding under chap- the service— cable engine power group established by the ter 53 of title 49, United States Code; (1) has been privately acquired; and Environmental Protection Agency, than the (3) the term ‘‘eligible recipient’’ means a (2) has not been acquired using any Gov- engine particulate matter emission standard recipient of funding under chapter 53 of title ernment capital assistance. applicable to the replaced engine. 49, United States Code; and (b) OVERSIGHT.—Each recipient that par- ‘‘(4) IDLE REDUCTION CONTROL TECH- (4) the term ‘‘experimental program’’ ticipates in the pilot program established NOLOGY.—For an idle reduction control tech- means the public-private partnership experi- under subsection (a) shall demonstrate nology, the technology shall be— mental program established under sub- that— ‘‘(A) installed on a diesel engine or vehicle; section (b). (1) the recipient has provided appropriate ‘‘(B) included in the list of verified or cer- (b) PUBLIC-PRIVATE PARTNERSHIP EXPERI- oversight of the provision of service by the tified technologies for nonroad vehicles and MENTAL PROGRAM.— private provider of public transportation; nonroad engines (as defined in section 216 of (1) PROGRAM ESTABLISHED.—The Adminis- and the Clean Air Act (42 U.S.C. 7550)) published trator shall establish a 6-year public-private (2) a lack of readily available non-Govern- pursuant to subsection (f)(2) of section 149, as partnership experimental program to en- ment funding has limited the expansion of in effect on the date on which the eligible en- courage eligible recipients to carry out tests service provided by the recipient. tity enters into a prime contract or agree- and experimentation in the project develop- (c) APPLICATION.—An application for par- ment with a State to carry out a covered ment process that are designed to— ticipation in the pilot program established public transportation construction project; (A) attract private investment in eligible under subsection (a) shall— and projects; and (1) be submitted by a designated recipient ‘‘(C) certified by the installer as having (B) increase project management flexi- on behalf of a recipient; and been installed in accordance with the speci- bility and innovation, improve efficiency, (2) include a certification that the recipi- fications included on the list referred to in allow for timely project implementation, ent meets the requirements under subsection subparagraph (B) for achieving a reduction and create new revenue streams. (b). in particulate matter. (2) IMPLEMENTATION OF PROGRAM.—The ex- (d) REPORT.—Not later than September 30, ‘‘(d) ELIGIBILITY FOR CREDITS.— perimental program shall— 2013, the Secretary shall submit a report to ‘‘(1) IN GENERAL.—A State may take credit (A) except as provided in paragraph (5), the Committee on Banking, Housing, and in a State implementation plan for national identify any provisions of chapter 53 of title Urban Affairs of the Senate and the Com- ambient air quality standards for any emis- 49, United States Code, and any regulations mittee on Transportation and Infrastructure sion reductions that result from the imple- or practices thereunder, that impede greater of the House of Representatives that at a mentation of this section. use of public-private partnerships and pri- minimum shall include a description of— ‘‘(2) CREDITING.—An emission reduction de- vate investment in eligible projects; and (1) any new or expanded services that scribed in paragraph (1) may be credited to- (B) develop procedures and approaches would not have been provided without pilot ward demonstrating conformity of State im- that— program established under subsection (a); plementation plans and transportation (i) address the impediments described in (2) the cost effectiveness of any services plans.’’. subparagraph (A), in a manner similar to the described in paragraph (1); (b) SAVINGS CLAUSE.—Nothing in this sec- Special Experimental Project Number 15 of (3) the amount of private capital added to tion modifies or otherwise affects any au- the Federal Highway Administration (com- the national public transportation system thority or restrictions established under the monly referred to as ‘‘SEP–15’’); and and the impact on job growth from that pri- Clean Air Act (42 U.S.C. 7401 et seq.). (ii) protect the public interest and any vate capital; (c) REPORT TO CONGRESS.— public investment in eligible projects. (4) the effect of participation in the pilot (1) IN GENERAL.—Not later than 1 year after (3) REPORT.—Not later than 2 years after program established under subsection (a) on the date of enactment of this Act, the Sec- the date of enactment of this Act, and every other public transportation services; and retary of Transportation shall submit to the 2 years thereafter until the termination of (5) any other information that the Sec- Committee on Transportation and Infra- the experimental program, the Adminis- retary determines is necessary. structure of the House of Representatives trator shall submit to Congress a report on and the Committee on Environment and Mr. BENNET (for himself the status of the experimental program. SA 1705. Public Works and the Committee on Bank- ARNER (4) RULEMAKING.—Not later than 180 days and Mr. W ) submitted an amend- ing, Housing, and Urban Affairs of the Sen- after the date of enactment of this Act, the ment intended to be proposed by him ate a report that describes the manners in Administrator shall issue rules to carry out to the bill S. 1813, to reauthorize Fed- which section 5341 of title 49, United States the experimental program. eral-aid highway and highway safety Code (as added by subsection (a)) has been (5) RULE OF CONSTRUCTION.—Nothing in this implemented, including the quantity of cov- construction programs, and for other subsection may be construed to allow the ered equipment serviced under those sections purposes; which was ordered to lie on Administrator to waive any requirement and the costs associated with servicing the the table; as follows: under— covered equipment. At the appropriate place, insert the fol- (A) section 5333 of title 49, United States (2) INFORMATION FROM STATES.—The Sec- lowing: Code; or retary shall require States and recipients, as SEC. ll. CREDIT FACILITY FOR TRANSIT-ORI- (B) any other provision of Federal law not a condition of receiving amounts under this ENTED DEVELOPMENT. described in paragraph (2)(A). Act or under the provisions of any amend- (a) CREDIT FACILITY ESTABLISHED.— (1) DEFINITIONS.—In this subsection: ments made by this Act, to submit to the SA 1704. Mr. WARNER (for himself Secretary any information that the Sec- (A) ELIGIBLE IMPROVEMENT.—The term ‘‘el- and Mr. BEGICH) submitted an amend- retary determines necessary to complete the igible improvement’’ means an infrastruc- report under paragraph (1). ment intended to be proposed by him ture improvement that— (d) TECHNICAL AMENDMENT.—The analysis to the bill S. 1813, to reauthorize Fed- (i) is located within the station area of an for chapter 53 of title 49, United States Code, eral-aid highway and highway safety eligible project;

VerDate Mar 15 2010 03:52 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.076 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S873 (ii) has a total project cost of not less than (2) in subsection (a), as designated by para- universities’ has the meaning given the term $10,000,000; and graph (1), by striking ‘‘An individual’’ and in section 1404 of the National Agricultural (iii) includes— inserting the following: Research, Extension, and Teaching Policy (I) the rehabilitation or construction of a ‘‘(b) CUMULATIVE NUMBER OF LICENSES.— Act of 1977 (7 U.S.C. 3103). street, a transit station, structured parking, ‘‘(1) IN GENERAL.—Except as provided in ‘‘(3) SECRETARY.—The term ‘Secretary’ a walkway, a bikeway; or paragraph (2), an individual’’; and means the Secretary of Transportation. (II) an activity described in section (3) in subsection (b), as designated by para- ‘‘(b) PROGRAM.— 5302(3)(G)(v) of title 49, United States Code, graph (2), by adding at the end the following: ‘‘(1) ESTABLISHMENT.—The Secretary shall as amended by this Act. ‘‘(2) MEMBERS OF ARMED FORCES.—An indi- make competitively awarded grants under (B) ELIGIBLE PROJECT.—The term ‘‘eligible vidual who is a member of the Armed Forces this section to nonprofit institutions of high- project’’ has the same meaning as in sub- operating a commercial motor vehicle may er education to establish a consortium of section (b). have a driver’s license issued by the Sec- land-grant colleges and universities to con- (C) SECRETARY.—The term ‘‘Secretary’’ retary of Defense in addition to a commer- duct a national program of research on means the Secretary of Transportation. cial driver’s license issued by a State.’’. biobased transportation fuels through 5 re- (2) IN GENERAL.—The Secretary may make (c) EXEMPTION FROM ALCOHOL AND CON- gional university centers of excellence. or guarantee a loan for an eligible improve- TROLLED SUBSTANCES TESTING.—Section ‘‘(2) ROLE OF CENTERS.—The role of the cen- ment, at any time before or after the eligible 31306(b)(1) is amended by adding at the end ters shall be— project relating to the eligible improvement the following: ‘‘(A) to assist in meeting the needs of the begins revenue service. ‘‘(C) The regulations required by subpara- United States for secure transportation fuels (3) PRIORITY.—In making and guaranteeing graph (A) shall exempt members of the that are economically viable and environ- loans under this subsection, the Secretary Armed Forces from any requirements relat- mentally sustainable; shall give priority to eligible improvements ing to testing for alcohol or controlled sub- ‘‘(B) to conduct research to support the that— stances.’’. movement and use of biobased transpor- (A) facilitate increased transit ridership (d) MODIFICATION OF RESIDENCY REQUIRE- tation fuels, including research on— and the preservation or creation of long- MENT.—Paragraph (12) of section 31311(a) is ‘‘(i) biobased-transportation fuel feed- term affordable housing units; and amended— stocks; (B) are carried out by metropolitan plan- (1) by striking ‘‘except that, under regula- ‘‘(ii) feedstock preparation and transpor- ning organizations, or members of the policy tions’’ and inserting the following: ‘‘except tation technologies; ‘‘(iii) conversion and distribution tech- board thereof, that have developed metro- that— nologies; and politan transportation plans under section ‘‘(A) under regulations’’; and ‘‘(iv) transportation infrastructure; 5303(i)(3) of title 49, United States Code, as (2) in subparagraph (A), as designated by ‘‘(C) to enhance national energy and trans- amended by this Act. paragraph (1), by striking the period at the portation security through the development, (4) TERMS AND CONDITIONS.—The Secretary end and inserting ‘‘; and’’; and distribution, and implementation of biobased shall establish terms and conditions for (3) by adding at the end the following: energy technologies; loans and loan guarantees under this sub- ‘‘(B) the State may issue a commercial ‘‘(D) to promote diversification in and the section that are consistent with the terms driver’s license to an individual who— environmental sustainability of biomass and conditions established under chapter 6 of ‘‘(i) operates or will operate a commercial feedstock production in the United States title 23, United States Code. motor vehicle; ‘‘(ii) is a member of the Armed Forces; and through biobased transportation fuels and (b) FUNDING.—Notwithstanding section product technologies; 5338(a) of title 49, United States Code, as ‘‘(iii) is not domiciled in the State, but who’s permanent duty station is located in ‘‘(E) to promote economic diversification amended by this Act— in rural areas of the United States through (1) of amounts made available under para- the State.’’. (e) FEDERAL AND STATE WORKING GROUP.— biobased transportation fuels and product graph (1) of such section 5338(a), $20,000,000 technologies; and (1) ESTABLISHMENT.—Not later than 3 for each of fiscal years 2012 and 2013 shall be ‘‘(F) to enhance the efficiency of biobased available to carry out subsection (a) of this months after the date of the enactment of this Act, the Secretary shall, in consultation transportation research and development section; and programs through improved coordination (2) the amounts described in paragraph (2) with the Secretary of Defense and in co- operation with the States, establish a work- and collaboration between the Department of such section 5338(a) shall be reduced by of Transportation, other appropriate Federal $20,000,000 on a pro rata basis. ing group to assist members of the Armed Forces to obtain commercial driver’s li- agencies, and land-grant colleges and univer- censes. sities. SA 1706. Mr. CARDIN submitted an ‘‘(3) DUTIES OF CENTERS.—A center estab- amendment intended to be proposed to (2) DUTIES.—The working group established under paragraph (1) shall, at a minimum— lished for a region described in subsection amendment SA 1633 proposed by Mr. (A) discuss implementation of this section (c)(2)(B) shall— REID to the bill S. 1813, to reauthorize and the amendments made by this section; ‘‘(A) provide research leadership and sup- Federal-aid highway and highway safe- and port collaboration among the land-grant uni- ty construction programs, and for (B) submit to the Secretary such rec- versities and colleges within the region; other purposes; which was ordered to ommendations for legislative or regulatory ‘‘(B) manage a peer-reviewed competitive grant program in the region that engages the lie on the table; as follows: action as the working group considers advis- able to improve the availability of commer- land-grant colleges and universities in the At the end of page 477, add the following: cial driver’s licenses to members of the region to address national priorities in the SEC. 32114. PROGRAM TO IMPROVE AVAIL- Armed Forces. context of the biogeographic and environ- ABILITY OF COMMERCIAL DRIVER’S mental conditions, and transportation infra- LICENSES TO MEMBERS OF ARMED SA 1707. Mrs. GILLIBRAND (for her- structure, in the region; and FORCES. ‘‘(C) operate the program of research on self and Mr. WYDEN) submitted an (a) STATE ACCEPTANCE OF TESTING OF MEM- biobased transportation fuels established BERS OF ARMED FORCES BY SECRETARY OF DE- amendment intended to be proposed by under this section in the region. FENSE FOR PURPOSES OF ISSUANCE OF COM- her to the bill S. 1813, to reauthorize ‘‘(c) GRANTS FROM SECRETARY TO NON- MERCIAL DRIVER’S LICENSES.—Section 3131, as Federal-aid highway and highway safe- PROFIT INSTITUTIONS OF HIGHER EDUCATION.— amended by section 32205 and 32303 of this ty construction programs, and for ‘‘(1) APPLICATIONS.—To receive a grant Act, is further amended by adding at the end other purposes; which was ordered to under this section, a nonprofit institution of the following: lie on the table; as follows: higher education shall submit to the Sec- ‘‘(25) The State shall accept as proof of retary an application that is in such form On page 559, between lines 10 and 11, insert compliance by an applicant for a commercial and contains such information as the Sec- the following: driver’s license with any knowledge or skills retary may require. test required under paragraph (1) or (2) or SEC. 2214. UNIVERSITY RENEWABLE TRANSPOR- ‘‘(2) GENERAL SELECTION CRITERIA.— TATION FUELS PROGRAM. under any provision of law of the State, evi- ‘‘(A) IN GENERAL.—Except as otherwise pro- dence that the applicant— (a) IN GENERAL.—Subchapter I of chapter vided in this section, the Secretary shall ‘‘(A) is a member of the Armed Forces; and 55 of title 49, United States Code, is amended award grants under this section in nonexclu- ‘‘(B) has passed a knowledge or skills test by adding at the end the following: sive candidate topic areas established by the administered by the Secretary of Defense ‘‘§ 5507. University renewable transportation Secretary that address the research prior- and approved by the Secretary of Transpor- fuels program ities described in section 503 of title 23. tation for purposes of this paragraph.’’. ‘‘(a) DEFINITIONS.—In this section: ‘‘(B) REGIONS.—The Secretary shall estab- (b) EXEMPTION FROM SINGLE LICENSE RE- ‘‘(1) CENTER.—The term ‘center’ means a lish a national consortium of 5 regional uni- QUIREMENT.—Section 31302 is amended— regional university center of excellence es- versity centers of excellence, with a center (1) by striking ‘‘No individual’’ and insert- tablished under this section. established within, and collaborating with ing the following: ‘‘(2) LAND-GRANT COLLEGES AND UNIVER- land-grant colleges and universities in, each ‘‘(a) IN GENERAL.—No individual’’; SITIES.—The term ‘land-grant colleges and of the following regions:

VerDate Mar 15 2010 03:52 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.075 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S874 CONGRESSIONAL RECORD — SENATE February 16, 2012 ‘‘(i) NORTH-CENTRAL CENTER OF EXCEL- tional or regional education and outreach SA 1708. Mr. WARNER submitted an LENCE.—A north-central research center for programs; and amendment intended to be proposed by the region composed of the States of Illinois, ‘‘(vii) the demonstrated commitment of him to the bill S. 1813, to reauthorize Indiana, Iowa, Minnesota, Montana, Ne- the recipient to the use of peer review prin- Federal-aid highway and highway safe- braska, North Dakota, South Dakota, Wis- ciples and other research best practices in consin, and Wyoming. the selection, management, and dissemina- ty construction programs, and for ‘‘(ii) NORTHEASTERN CENTER OF EXCEL- tion of research projects. other purposes; which was ordered to LENCE.—A northeastern research center for ‘‘(3) SELECTION.—Not later than 1 year lie on the table; as follows: the region composed of the States of Con- after the date of enactment of the MAP–21, At the appropriate place, insert the fol- necticut, Delaware, Maine, Maryland, Massa- the Secretary, in conjunction with the Ad- lowing: chusetts, Michigan, New Hampshire, New ministrator of the Federal Highway Admin- SEC. lll. MOTORCOACH SAFETY STUDY. istration and the Federal Transit Adminis- Jersey, New York, Ohio, Pennsylvania, (a) STUDY.—Not later than 3 months after Rhode Island, Vermont, and West Virginia. tration, shall— the date of the enactment of this Act, the ‘‘(iii) SOUTH-CENTRAL CENTER OF EXCEL- ‘‘(A) select nonprofit institutions of higher Secretary shall award a competitive re- LENCE.—A south-central research center for education to receive grants under subsection search grant to a qualified, independent re- the region composed of the States of Arkan- (b) and this section; and search institution to conduct a comprehen- sas, Colorado, Kansas, Louisiana, Missouri, ‘‘(B) make grant amounts available to the sive research study of the safe operation of New Mexico, Oklahoma, and Texas. selected recipients. motorcoaches that— ‘‘(iv) SOUTHEASTERN CENTER OF EXCEL- ‘‘(d) USE OF GRANTS BY UNIVERSITY CEN- (1) uses naturalistic driving data equip- LENCE.—A southeastern research center for TERS OF EXCELLENCE AND SUBCENTER.— ment; and the region composed of the States of Ala- ‘‘(1) IN GENERAL.—A university center of (2) focuses on driver fatigue, driver distrac- bama, Florida, Georgia, Kentucky, Mis- excellence or subcenter established for a re- tion, hours of service, and other areas deter- sissippi, North Carolina, South Carolina, gion under subsection (c) shall use 75 percent mined by the Secretary to be necessary. of the funds made to provide competitive Tennessee, and Virginia, the Commonwealth (b) REPORT.—Not later than 9 months after of Puerto Rico, and the United States Virgin grants to entities that are— the date on which the research grant is Islands. ‘‘(A) eligible to receive grants under sub- awarded pursuant to subsection (a), the Sec- ‘‘(v) WESTERN CENTER OF EXCELLENCE.— section (b)(7) of the Competitive, Special, retary shall submit a report containing the ‘‘(I) IN GENERAL.—A western research cen- and Facilities Research Grant Act (7 U.S.C. results of the study conducted under sub- ter for the region composed of the States of 450i(b)(7)); and section (a) to— Arizona, California, Idaho, Nevada, Oregon, ‘‘(B) located in the region. (1) the Committee on Commerce, Science, Utah, Washington, and the States and insu- ‘‘(2) ACTIVITIES.—Grants made under this and Transportation of the Senate; and lar areas covered by the subcenter described subsection shall be used by the grant recipi- (2) the Committee on Transportation and in subclause (II). ent to conduct, in a manner consistent with Infrastructure of the House of Representa- ‘‘(II) WESTERN INSULAR PACIFIC SUB- the purposes of this section, multiinstitu- tives. CENTER.—Within the western research center tional and multistate research, extension, established under subclause (I), a western in- and education programs on technology devel- f sular Pacific research subcenter for the re- opment implementation. gion of Alaska, Hawaii, Guam, American ‘‘(3) ADMINISTRATION.— NOTICE OF HEARING Samoa, the Commonwealth of the Northern ‘‘(A) PEER AND MERIT REVIEW.—In making Mariana Islands, the Federated States of Mi- grants under this subsection, a research cen- COMMITTEE ON ENERGY AND NATURAL cronesia, the Republic of the Marshall Is- ter or subcenter shall— RESOURCES lands, and the Republic of Palau. ‘‘(i) seek and accept proposals for grants; Mr. BINGAMAN. Mr. President, I ‘‘(C) CRITERIA.—The Secretary, in coordi- ‘‘(ii) determine the relevance and merit of would like to announce for the infor- nation with the Administrator of the Federal proposals through a system of scientific peer mation of the Senate and the public Highway Administration and the Adminis- review; and ‘‘(iii) award grants on the basis of merit, that a hearing has been scheduled be- trator of the Federal Transit Administra- fore the Committee on Energy and Nat- tion, shall select each recipient of a grant quality, and relevance to advancing the pur- under subsection (b) and this subsection poses of this section. ural Resources. The hearing will be through a competitive process based on the ‘‘(B) TERM.—A grant awarded by a research held on Tuesday, March 6, 2012, at 10 assessment of the Secretary of— center or subcenter shall have a term that a.m., in room SD–366 of the Dirksen ‘‘(i)(I) the demonstrated leadership within does not exceed 5 years. Senate Office Building. the field of biobased transportation fuel re- ‘‘(C) MATCHING FUNDS REQUIRED.—As a con- The purpose of this hearing is to con- search; dition of receiving a grant under this sub- sider the President’s Proposed Budget ‘‘(II) demonstrated experience in the con- section, the research center or subcenter shall require that not less than 20 percent of for fiscal year 2013 for the Forest Serv- duct and management of research on ice. biobased transportation fuel feedstocks; and the cost of an activity described in para- ‘‘(III) demonstrated experience in working graph (2) be matched with funds (including Because of the limited time available with multiple Federal agencies; in-kind contributions) from a non-Federal for the hearing, witnesses may testify ‘‘(ii) demonstrated experience in awarding source. by invitation only. However, those and managing not less than $7,000,000 over a ‘‘(4) RESEARCH, EXTENSION AND EDU- wishing to submit written testimony period of at least 5 years in competitive CATIONAL ACTIVITIES.—A university center of for the hearing record should send it to grant expenditures provided to land-grant excellence or subcenter shall use the remain- the Committee on Energy and Natural colleges and universities, and institutions der of the grant funds, after application of paragraph (1), to conduct a regional re- Resources, United States Senate, room partnering with land-grant colleges and uni- 304 of the Dirksen Senate Office Build- versities to conduct research and education search, extension, and educational program programs in the area of biobased transpor- in a manner consistent with the purposes of ing, Washington, DC 20510–6150, or by tation fuels and biobased products that have this section. email to [email protected] the potential to reduce the cost of produc- ‘‘(5) PLANNING COORDINATION.—Grant funds .gov. tion of biobased fuel production through made available under this subsection may be For further information, please con- high-value coproducts; used to carry out planning coordination tact please contact Scott Miller (202) ‘‘(iii) a demonstrated history of working under this subsection. 224–5488 or Jake McCook (202) 224–9313. with other land-grant colleges and univer- ‘‘(6) MAXIMUM GRANT.—The amount of a sities within the applicable region in the grant made to a recipient for a fiscal year f conduct and implementation of field work on under this subsection shall not exceed biobased transportation fuel feedstocks; $6,000,000. AUTHORITY FOR COMMITTEES TO ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(iv) a demonstrated history of collabo- MEET rative efforts to collect and use natural re- There is authorized to be appropriated out of source and feedstock data for incorporation the Highway Trust Fund (other than the COMMITTEE ON ARMED SERVICES into geographic information systems and de- Mass Transit Account) to carry out this sec- Mr. LEAHY. Mr. President, I ask cisionmaking models; tion $30,000,000 for each of fiscal years 2012 unanimous consent that the Com- ‘‘(v) a history of and working access to and 2013.’’. (b) CONFORMING AMENDMENT.—The analysis mittee on Armed Services be author- biobased feedstock production research sta- ized to meet during the session of the tions in each State of the applicable region; for subchapter I of chapter 55 of title 49, ‘‘(vi) the demonstrated ability of the re- United States Code, is amended by adding at Senate on February 16, 2012, at 9:30 cipient to disseminate results and promote the end the following: a.m. the implementation of transportation re- ‘‘Sec. 5507. University renewable transpor- The PRESIDING OFFICER. Without search and education programs through na- tation fuels program.’’. objection, it is so ordered.

VerDate Mar 15 2010 05:00 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.071 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S875 COMMITTEE ON BANKING, HOUSING, AND URBAN ate on February 16, 2012, at 2:15 p.m. in I will have the authority now to have AFFAIRS room 628 of the Dirksen Senate Office the vote on the judge and the cloture Mr. LEAHY. Mr. President, I ask Building. vote so we can do that at any time to- unanimous consent that the Com- The PRESIDING OFFICER. Without morrow. I will talk to the Republican mittee on Banking, Housing, and objection, it is so ordered. leader to make sure it is a convenient Urban Affairs be authorized to meet COMMITTEE ON THE JUDICIARY time for everyone. We will come in at during the session of the Senate on Mr. LEAHY. Mr. President, I ask 10 tomorrow morning. February 16, 2012, at 10 a.m., to conduct unanimous consent that the Com- f a hearing entitled ‘‘Examining the Eu- mittee on the Judiciary be authorized ropean Debt Crisis and Its Implica- ORDERS FOR FRIDAY, FEBRUARY to meet during the session of the Sen- 17, 2012 tions.’’ ate, on February 16, 2012, at 10 a.m., in The PRESIDING OFFICER. Without SD–226 of the Dirksen Senate Office Mr. REID. Mr. President, I ask unan- objection, it is so ordered. Building, to conduct an executive busi- imous consent that the Senate adjourn COMMITTEE ON ENERGY AND NATURAL ness meeting. until 10 a.m. on Friday, February 17, RESOURCES The PRESIDING OFFICER. Without 2012; that following the prayer and Mr. LEAHY. Mr. President, I ask objection, it is so ordered. pledge, the Journal of proceedings be unanimous consent that the Com- SUBCOMMITTEE ON WESTERN HEMISPHERE, approved to date, the morning hour be mittee on Energy and Natural Re- PEACE CORPS, AND GLOBAL NARCOTICS deemed expired, and the time for the sources be authorized to meet during Mr. LEAHY. Mr. President, I ask two leaders be reserved for their use the session of the Senate on February unanimous consent that the Com- later in the day; that following any 16, 2012, at 9:30 a.m., in room 366 of the mittee on Foreign Relations be author- leader remarks, the Senate be in a pe- Dirksen Senate Office building. ized to meet during the session of the riod of morning business until 11 a.m., The PRESIDING OFFICER. Without Senate on February 16, 2012, at 10 a.m., with Senators permitted to speak objection, it is so ordered. to hold a Western Hemisphere, Peace therein for up to 10 minutes each, with COMMITTEE ON FOREIGN RELATIONS Corps, and Global Narcotics Affairs the time equally divided and controlled Mr. LEAHY. Mr. President, I ask subcommittee hearing entitled, ‘‘Iran’s between the two leaders or their des- unanimous consent that the Com- Influence and Activity in Latin Amer- ignees, with the Republicans control- mittee on Foreign Relations be author- ica.’’ ling the first half and the majority ized to meet during the session of the The PRESIDING OFFICER. Without controlling the final half; that fol- Senate on February 16, 2012, at 9:30 objection, it is so ordered. lowing morning business, the Senate resume consideration of S. 1813, the a.m. f The PRESIDING OFFICER. Without surface transportation bill; and finally, objection, it is so ordered. PRIVILEGES OF THE FLOOR I ask that the second-degree amend- COMMITTEE ON FOREIGN RELATIONS Mr. BINGAMAN. Mr. President, I ask ment filing deadline be at 10:30 a.m. Mr. LEAHY. Mr. President, I ask unanimous consent that Aoife Delargy, The PRESIDING OFFICER. Without unanimous consent that the Com- who is an intern in my office, be grant- objection, it is so ordered. mittee on Foreign Relations be author- ed floor privileges during the pendency f of S. 1813, the surface transportation ized to meet during the session of the PROGRAM Senate on February 16, 2012, at 11:30 bill. a.m., to hold a briefing entitled, The PRESIDING OFFICER. Without Mr. REID. Mr. President, there could ‘‘Iran’s Influence and Activity in Latin objection, it is so ordered. be up to four votes. If things don’t work out, we will have to have some of America.’’ f the votes later in the week, so we hope The PRESIDING OFFICER. Without MEASURE READ FOR THE FIRST objection, it is so ordered. that can come to be. We will notify TIME—S. 2118 Senators the minute we have some way COMMITTEE ON HEALTH, EDUCATION, LABOR, Mr. REID. Mr. President, I under- of moving forward with everything. AND PENSIONS stand there is a bill at the desk due for The four votes would be, of course, the Mr. LEAHY. Mr. President, I ask its first reading. cloture vote on the highway bill, the unanimous consent that the Com- The PRESIDING OFFICER. The Furman nomination, and we might mittee on Health, Education, Labor, clerk will read the bill by title for the have to do cloture on the conference and Pensions be authorized to meet, first time. report and final passage of that. So we during the session of the Senate, in The legislative clerk read as follows: will notify everyone what agreements order to conduct a hearing entitled we have been able to work on and get ‘‘Addressing Workforce Needs at the A bill (S. 2118) to remove unelected, unac- countable bureaucrats from seniors’ personal in touch with the Republican leader Regional Level: Innovative Public and health decisions by repealing the Inde- and hopefully move fairly quickly to- Private Partnerships’’ on February 16, pendent Payment Advisory Board. morrow morning. 2012, at 10 a.m. in room 430 of the Dirk- Mr. REID. Mr. President, I now ask Senators should expect a series of sen Senate Office Building. for a second reading and, in order to rollcall votes tomorrow on the motion The PRESIDING OFFICER. Without place the bill on the calendar, object to to invoke cloture on the Reid amend- objection, it is so ordered. my own request. ment No. 1633 and on the Furman nom- COMMITTEE ON HOMELAND SECURITY AND The PRESIDING OFFICER. Objec- ination. We also hope to consider the GOVERNMENTAL AFFAIRS tion is heard. The bill will be read for payroll conference report. Mr. LEAHY. Mr. President, I ask the second time on the next legislative f unanimous consent that the Com- day. mittee on Homeland Security and Gov- ADJOURNMENT UNTIL 10 A.M. ernmental Affairs be authorized to f TOMORROW meet during the session of the Senate ORDER OF BUSINESS Mr. REID. Mr. President, if there is on February 16, 2012, at 2:30 p.m. in Mr. REID. Mr. President, I apologize no further business to come before the order to conduct a hearing entitled to the staff and for everyone having to Senate, I ask that it adjourn under the ‘‘Securing America’s Future: The Cy- wait, but we have things we have been previous order. bersecurity Act of 2012.’’ working on and we have made a lot of There being no objection, the Senate, The PRESIDING OFFICER. Without headway, a lot of progress. We are still at 7:57 p.m,, adjourned until Friday, objection, it is so ordered. not all the way there, but it appears to February 17, 2012, at 10 a.m. COMMITTEE ON INDIAN AFFAIRS me that the House will probably vote f Mr. LEAHY. Mr. President, I ask on the conference report sometime to- unanimous consent that the Com- morrow morning. That being the case, NOMINATIONS mittee on Indian Affairs be authorized we will see what we can do to expedite Executive nominations received by to meet during the session of the Sen- things here. the Senate:

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THE JUDICIARY CAPTAIN SCOTT B. J. JERABEK SHELLY R. PARDINI JANICE M. PECUA JILL A. PRYOR, OF GEORGIA, TO BE UNITED STATES IN THE AIR FORCE ERNEST J. PEREZ CIRCUIT JUDGE FOR THE ELEVENTH CIRCUIT, VICE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLIN D. PERRY STANLEY F. BIRCH, JR., RETIRED. TO THE GRADE INDICATED IN THE UNITED STATES AIR THERESA A. PETERS PAUL WILLIAM GRIMM, OF MARYLAND, TO BE UNITED FORCE UNDER TITLE 10, U.S.C., SECTION 624: REGINA D. PETERSON STATES DISTRICT JUDGE FOR THE DISTRICT OF MARY- FRANKLIN PORCIL LAND, VICE BENSON EVERETT LEGG, RETIRING. To be colonel JENNIFER L. PROSSER ELISSA F. CADISH, OF NEVADA, TO BE UNITED STATES DINO C. QUIJANO DISTRICT JUDGE FOR THE DISTRICT OF NEVADA, VICE JENNIFER M. AGULTO KAWANA A. RAWLS PHILIP M. PRO, RETIRED. LORRAINE R. BARTON DIANE REKAR MARK E. WALKER, OF FLORIDA, TO BE UNITED STATES PAMELA K. BEMENT JOAN P. ROBINSON DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF KIRSTEN A. BENFORD KARRI A. ROMAN FLORIDA, VICE STEPHAN P. MICKLE, RETIRED. MAUREEN A. CHARLES SHANE S. RUNYON KATHLEEN B. CRAVER RICHARD S. RUSS IN THE AIR FORCE SUSAN C. DAVIS DEBRA A. SANTOS ELIZABETH A. DECKER TERESITA N. SCOTT THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED NATHALIE F. ELLIS ANGELIQUE D. SIMPSON STATES OFFICERS FOR APPOINTMENT IN THE RESERVE JOANN C. FRYE LYNNE C. SMITH OF THE AIR FORCE TO THE GRADE INDICATED UNDER DALE G. GREY JAMES M. SPENCER, JR. TITLE 10, U.S.C., SECTIONS 12203 AND 12212: MARIA G. GUEVARA DE MATALOBOS SHAMANA J. STEVENS To be brigadier general GWENDOLYN C. JOHNSON TIMOTHY C. STONER ANDREA L. JONES LARRY M. STOWERS COLONEL ONDRA L. BERRY IDA L. MC DONALD MICHELE S. SUGGS COLONEL ALLEN D. BOLTON WANDA J. MC FATTER BRIAN W. THORNTON COLONEL WILLIAM D. COBETTO PATRICIA N. MEZA DAMON N. TOCZYLOWSKI COLONEL WADE A. LILLEGARD JACQUELINE A. MUDD ERIC I. TOVAR COLONEL THAD L. MYERS JILL J. OREAR WENDY J. TROGDON THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED SUSAN M. PERRY DARA J. WARREN STATES OFFICERS FOR APPOINTMENT IN THE RESERVE KEVIN S. POITINGER THERESA L. WEBER OF THE AIR FORCE TO THE GRADE INDICATED UNDER MARCIA A. POTTER ANDREA K. WHITNEY TITLE 10, U.S.C., SECTIONS 12203 AND 12212: MELANIE A. PRINCE DOUGLAS L. WILKERSON JUDY D. STOLTMANN CRIS WILLIAMS To be major general KATHRYN W. WEISS JAY L. WILLIAMS, JR. BRIGADIER GENERAL STEVEN A. CRAY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CARL R. YOUNG, JR. BRIGADIER GENERAL WILLIAM J. CRISLER, JR. TO THE GRADE INDICATED IN THE UNITED STATES AIR THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIGADIER GENERAL JON F. FAGO FORCE UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES AIR BRIGADIER GENERAL MICHAEL A. LOH To be major FORCE UNDER TITLE 10, U.S.C., SECTION 624: BRIGADIER GENERAL ERIC W. VOLLMECKE To be colonel THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARIO ABEJERO IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CYNTHIA W. ADAMS RICHARD E. AARON CATED UNDER TITLE 10, U.S.C., SECTION 624: DANA M. ADRIAN FARLEY A. ABDEEN DANA J. ALBALATE ANTHONY D. ABERNATHY To be major general KATHLEEN M. AMIRALI BRYAN E. ADAMS BRIGADIER GENERAL DAVID W. ALLVIN RENATO B. BACTOL RAY C. ADAMS, JR. BRIGADIER GENERAL HOWARD B. BAKER JEFFREY L. BARGANIER FRANK D. ALBERGA BRIGADIER GENERAL THOMAS W. BERGESON JENNIFER E. BEHAN JEFFREY N. ALDRIDGE BRIGADIER GENERAL CHARLES Q. BROWN, JR. GREGORY D. BELLANCA DAVID T. ALLEN BRIGADIER GENERAL DARRYL W. BURKE ROSSER P. BIRDSONG RONALD GENE ALLEN, JR. BRIGADIER GENERAL RICHARD M. CLARK VINCENT M. BOYLE NATHAN A. ALLERHEILIGEN BRIGADIER GENERAL DWYER L. DENNIS JULIA L. BRADLEY GREGORY J. ANDERSON BRIGADIER GENERAL MARK C. DILLON TIMOTHY W. BRICKER WILLIAM B. APODACA BRIGADIER GENERAL CARLTON D. EVERHART II THOMAS G. BROCKMANN DAVID G. AUSTIN BRIGADIER GENERAL SAMUEL A. R. GREAVES REGINALD T. BROWN DAVID G. AVILA BRIGADIER GENERAL MORRIS E. HAASE JOHN A. CAMACHO AYALA JAMES R. BACHINSKY BRIGADIER GENERAL GARRETT HARENCAK LENORE CAPPELLUTI CRAIG R. BAKER BRIGADIER GENERAL PAUL T. JOHNSON SAM R. CHHOEUN PATRICK S. BALLARD BRIGADIER GENERAL RANDY A. KEE HEATHER D. COIL MICHAEL S. BALLEK BRIGADIER GENERAL JIM H. KEFFER MUN C. CONNERS CHRISTOPHER B. BARKER BRIGADIER GENERAL MICHAEL J. KINGSLEY SHANNAN L. CORBIN JOHNNY L. BARNES II BRIGADIER GENERAL JEFFREY G. LOFGREN DIANE K. COX WALDEMAR F. BARNES BRIGADIER GENERAL JAMES K. MC LAUGHLIN JEROME A. CRAWFORD BRIAN A. BARTHEL BRIGADIER GENERAL KURT F. NEUBAUER LOURDES CRUZ MARVIN T. BAUGH BRIGADIER GENERAL JOHN F. NEWELL III ADAM H. DALGLEISH CARRIE J. BAUSANO BRIGADIER GENERAL CRAIG S. OLSON MICHAEL D. DIXON STEVEN M. BEASLEY BRIGADIER GENERAL JOHN N. T. SHANAHAN JEREMY E. DOWNES CHARLES S. BEGEMAN BRIGADIER GENERAL MICHAEL S. STOUGH JOHN F. EGGERT BRIAN E. BELL BRIGADIER GENERAL SCOTT D. WEST SHANNON D. ELDRIDGE EDWARD A. BELLEM BRIGADIER GENERAL KENNETH S. WILSBACH KERRY ANN ELLIOTT HARRY P. BENHAM HERNAN R. ERAZO AARON K. BENSON IN THE ARMY TERRI L. FELDER JILL M. BERGOVOY NATHAN K. FERGUSON ANDREW T. BERNARD THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BONNIE A. FRANCIS DOMINIC J. BERNARDI III IN THE UNITED STATES ARMY TO THE GRADE INDICATED MARK L. FRANCIS SARA A. BEYER WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ELIZABETH A. FROST STEVEN W. BIGGS RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: SONJA P. FURSE ERIC J. BJURSTROM To be lieutenant general SPARKLE M. GRAHAM SHEILA G. BLACK NICOLE E. GRAMLICK WAYNE C. BLANCHETTE MAJ. GEN. RAYMOND P. PALUMBO JOHNNY R. GUERRA COBY D. BLAND TINA HALL SEVERIN J. BLENKUSH II IN THE NAVY PAUL F. HAMEL JOSEPH M. BLEVINS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ANDREW P. HANSEN ROD B. BLOKER IN THE UNITED STATES NAVY RESERVE TO THE GRADE CHINETA D. HARRIS LELAND B. BOHANNON INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: TOMAS C. HERNANDEZ, JR. RICHARD K. BOHN, JR. JEREMY D. HICKS RICHARD T. BOLANOWSKI To be rear admiral (lower half) DAWN M. HIGGINS MATTHEW D. BONAVITA YVONNE R. HILL VANESSA L. BOND CAPT. BARBARA W. SWEREDOSKI MARY A. HILLANBRAND ROBERT W. BORJA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SHERI E. HISER JAMES P. BOSTER IN THE UNITED STATES NAVY RESERVE TO THE GRADE MICHELLE M. HUFSTETLER JAMES E. BOWEN, JR. INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: KIMBERLY N. HUGHES ERIK C. BOWMAN To be rear admiral (lower half) RAMONA F. HUNTER SOLOMON E. BOXX RONSETTA N. HUTCHISON JAY A. H. BOYD CAPT. ERIC C. YOUNG CARL O. IMPASTATO SHAWN M. BRENNAN ANGELA J. JOBE TIMOTHY L. BRESTER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CATHERINE H. JORDAN WILLIAM E. BROOKS IN THE UNITED STATES NAVY RESERVE TO THE GRADE CHRISTA J. JORDAN JEFFREY S. BROWN INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: LAURA K. JORG KURT F. BRUESKE To be rear admiral (lower half) CANDICE L. KENNEDY TERRY L. BULLARD SHANNON M. KERNES SHARON K. BURNETT CAPT. TIMOTHY W. DORSEY AARON O. KIBLER ALVIN F. BURSE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOANNE M. KMETZ CHARLES J. BUTLER IN THE UNITED STATES NAVY RESERVE TO THE GRADE CYNTHIA A. LANG PATRICK E. BUTLER INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: DEIDRA D. LYON KEVIN A. CABANAS JENNIFER A. MAHAR MICHAEL J. CALLENDER To be rear admiral (lower half) CYNTHIA N. MANDACCLARK BRENDA L. CAMPBELL CAPT. KIRBY D. MILLER CHRISTOPHER M. MANJARRES SCOTT C. CAMPBELL TAMMERA G. MATTIMOE MONTE R. CANNON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KELLY G. MC CANN JOEL L. CAREY IN THE UNITED STATES NAVY RESERVE TO THE GRADE JENA LIZABETH MEYER THOMAS R. CAREY INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: CARMEN A. MILES THANNIE BARRY T. CARGLE To be rear admiral (lower half) WARREN B. MOORE DAVID A. CARLSON SARAH E. MORTON WILLIAM S. CARPENTER CAPTAIN MICHAEL J. DUMONT HEIDI S. MUDZIMUREMA JOHN K. CARTWRIGHT CAPTAIN ROBERT L. GREENE LISA R. PALMER SHANNON W. CAUDILL CAPTAIN LAWRENCE B. JACKSON MARTIN R. PAPROCK TODD M. CHENEY

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RHUDE CHERRY III HAROLD E. HARDINGE DAVID W. MCKEOWN JAMES L. CHITTENDEN MONTE S. HARNER MICHAEL S. MCMANUS SEAN M. CHOQUETTE DEXTER F. HARRISON DOUGLAS J. MELLARS GLEN E. CHRISTENSEN TRAVIS C. HARSHA JOHN R. MELLOY FIONA A. CHRISTIANSON DEAN H. HARTMAN WALTER K. MELTON MICHAEL S. CHRISTIE MICHAEL L. HASTRITER PAUL B. MENDY, JR. JOHN D. CINNAMON BERNARD J. HATCH III MICHAEL J. MERRITT CHRISTOPHER S. CLARK ROBERT L. HAUG ALEXANDER R. MERZ JAMES D. CLARK DENNIS A. HAUGHT MARK L. MESENBRINK WILLIAM C. CLARK SCOTT E. HAYFORD KIRSTEN R. MESSER DONALD T. CLOCKSIN KEVIN E. HEAD MICHAEL G. MESSER DARREN L. COCHRAN PAUL E. HENDERSON JONPAUL MICKLE BRANNEN C. COHEE ANTHONY R. HERNANDEZ CAROLINE M. MILLER CHRISTOPHER R. COLBERT DRYSDALE H. HERNANDEZ TONY L. MILLICAN HEATH A. COLLINS KEVIN R. HEYBURN CARL C. MISNER JEFFREY A. COLLINS JILL R. HIGGINS ROBERT M. MOCIO JASON R. COMBS BRIAN A. HILL EDUARDO D. MONAREZ TRAVIS E. CONDON DON E. HILL MICHAEL B. MONGOLD JEFFREY T. COOK THAD B. HILL ARTHUR MOORE III WILLIAM L. COOK GLENN E. HILLIS II SHAWN D. MOORE SHANNON M. COOPER RIGEL K. HINCKLEY TARA L. MORRISON WAYNE A. COOPER ANDREW C. HIRD DAVID R. MOTT JAMES A. COPHER MARK J. HOEHN RALPH J. MULI J. H. CORMIER III MARK G. HOELSCHER TRACEY L. MURCHISON GARY LYNN CORNN, JR. TODD A. HOHN PAUL J. MURRAY MICHAEL L. COTE CHRISTOPHER D. HOLMES STEVEN A. MYS PAUL COTELLESSO MICHAEL J. HOMOLA JERALD H. NARUM DONALD J. COTHERN JAMES R. HOSKINS CHRISTOPHER J. NIEMI ANTHONY W. COTTO MICHAEL S. HOUGH ERIC D. NORTH CHRISTOPHER N. CRANE FRANKLIN C. HOWARD DEREK M. OAKS KATHY A. CRAVER LARS R. HUBERT ELENA M. OBERG JENNIFER R. CROSSMAN MATTHEW L. HUGHBANKS JOHN J. OCONNOR JOHN E. CULTON III RANDALL S. HUISS MICHAEL M. OCONNOR DENNIS D. CURRAN BRIAN ALLEN HUMPHREY DAVID M. ODELL BRETT R. CUSKER EMI IZAWA JOSEPH L. OGEA, SR. ROBERT T. DANIEL MARK A. JABLOW MARTIN J. OGRADY CHRISTOPHER T. DANIELS ERIC A. JACKSON DONNA L. OHARREN ISAAC DAVIDSON MICHAEL L. A. JACKSON ERIC P. OLIVER ARTHUR D. DAVIS SCOTT K. JACKSON KENNETH G. ONEIL CHRISTOPHER D. DAVIS SEAN C. JACKSON RICHARD P. PAGLIUCO ANTHONY J. DAVIT SCOTT D. JACOBS JOHN L. PARKER IV MICHAEL L. DAWSON JURIS L. JANSONS MONICA M. PARTRIDGE CHRISTOPHER E. DECKER DANIEL E. JEFFERIES KELLY S. PASSMORE ERIC P. DELANGE DAVID S. JEFFERY CAROLYN J. PATRICK DOUGLAS D. DEMAIO JEFFREY R. JENSSEN DWIGHT F. PAVEK RICHARD W. DEMOUY ROBERT S. JOBE JAMES B. PEAVY KIERAN T. DENEHAN BRADFORD T. JOHNSON TIMOTHY L. PENNINGTON ERIC J. DENNY DANNY P. JOHNSON MATTHEW W. PERKINS MARNE R. DERANGER SHANNON L. C. JOHNSON CORY M. PETERSON JAMES B. DERMER CARL M. JONES WILLIAM C. PETERSON ROBERT L. DIAS SCOTT H. JONES STUART A. PETTIS JOEL S. DICKINSON KURT W. KAYSER EVAN L. PETTUS MICHAEL A. DICKINSON DAVID S. KEESEY PAUL D. PIDGEON TIMOTHY J. DICKINSON GREGORY S. KEETON DONNA M. G. PIKE JEFFREY A. DICKSON KEVIN G. KENNELLY JOHN M. PLATTE TODD L. DIEL PATRICK F. KENNERLY CHRISTOPHER A. PLEIMAN ERIC S. DORMINEY MICHAEL E. KENSICK ROBERT S. POPE ROBERT L. DOTSON DENNIS C. KING, JR. MATTHEW A. POWELL PETER W. DOTY DAVID A. KIRKENDALL MATTHEW J. POWELL RONNIE G. DOUD WALTER C. KIRSCHMAN III JOSEPH L. PRUE JOHN A. DOWNEY II SHANNON R. KLUG ANDREA M. PSMITHE DOUGLAS M. DRAKE ANDREW S. KOVICH III BRADLEY L. PYBURN DAVID S. DRICHTA ROBERT J. KRAUS DAVID M. QUICK TIMOTHY E. DUNSTER JORDAN R. KRISS BRIAN G. QUILLEN NEIL P. EISEN ERIC A. KRYSTKOWIAK CLARK J. QUINN JEAN K. EISENHUT CHARLES D. KUHL TIMOTHY J. RADE ROY P. FATUR DALE L. LANDIS II DAVID F. RADOMSKI HILARY K. FEASTER KENT A. LANDRETH CHAD D. RADUEGE JOHN W. FEATHER STEPHEN K. LANDRY SUSHIL S. RAMRAKHA KEITH N. FELTER, JR. REID M. LANGDON TIMOTHY J. RAPP SUSAN A. FERRERA JUSTIN C. LANGLOIS MICHAEL T. RAWLS PETER M. FESLER MAX E. LANTZ II LISA C. REDINGER MICHAEL J. FINCH ANTHONY LANUZO EDWINA C. REID WILLIAM C. FINLEY, JR. JOHN R. LAPORE III RAYMOND L. REYES JAMES L. FISHER DANIEL T. LASICA CLIFFORD E. RICH JAMES J. FLATTERY DAVID W. LAWRENCE LARRY G. RIDDICK, JR. TREVOR W. FLINT MICHAEL C. LAWRENCE CLARK H. RISNER DANA T. A. FLOOD PHILLIP A. LAYMAN DON D. ROBERTSON PETER J. FLORES TIMOTHY G. LEE PAUL A. ROELLE TODD A. FOGLE JOSEPH P. LEHNERD RYAN C. ROGERS LAURA M. G. FOGLESONG JAMES A. LEINART GILBERTO ROSARIO DONALD FREW RENE M. LEON GARY E. ROSE MICHAEL B. FRYMIRE ROBERT J. LEVIN, JR. MARK E. ROSE GREGORY J. GAGNON TODD J. LEVINE ROBERT J. ROWELL DAVID B. GASKILL CHERYL L. LEWIS PHILIP P. ROWLETTE JEFFREY S. GAST DONALD R. LEWIS THOMAS A. RUDY BRYAN T. GATES RODNEY D. LEWIS NATHAN A. RUMP JEFFRY E. GATES TED A. LEWIS KENTON A. RUTHARDT GLEN M. GENOVE ROBERT E. LICCIARDI GERARD F. RYAN, JR. RICHARD W. GIBBS RICHARD T. LINDLAN MICHAEL M. RYDER GREGORY P. GILBREATH BRIAN W. LINDSEY JOHN P. RYDLAND MICHAEL E. GIMBRONE JOSEPH W. LOCKE JAMES M. SAHM TODD L. GLANZER JOSEPH D. LOONEY GARY L. SALMANS REGINALD O. GODBOLT JOHN K. LUSSIER RUSLAN SANCHEZ CRUZ MICHAEL L. GOODIN MARK J. MACDONALD DAVID J. SANFORD KJALL GOPAUL SCOTT A. MACKENZIE PETER P. SANTAANA KEVIN J. GORDON EDWARD J. MADSEN ANDREW M. SASSEVILLE TIMOTHY A. GOSNELL MICHAEL D. MADSEN SCOTT JOSEPH SCHERER CHRISTOPHER S. GOUGH BENJAMIN R. MAITRE DAVID A. SCHILLING JEFFREY R. GRANGER GEOFFREY A. MAKI EARL S. SCOTT DONALD R. GRANNAN MAX M. MAROSKO III KELLY J. SCOTT KEITH GREEN MATTEO G. MARTEMUCCI CLAYTON A. SEALE CHRISTOPHER V. GREENE JOHNNIE MARTINEZ MICHAEL R. SEILER JAMES L. GREER CLAY E. MASON PATRICIA A. SERGEY ETHAN C. GRIFFIN KENDRA S. MATHEWS THOMAS B. SHANK RICHARD W. GRIFFIN ERIC S. MAYHEU DONALD G. SHANNON GEORGE H. GRIFFITHS, JR. AMY J. MCCAIN JAMES T. SHEEDY MICHAEL W. GRISMER, JR. BRIAN P. MCCARTHY DANIEL R. SHEESLEY SCOTT M. GUILBEAULT KAIPO S. MCCARTNEY DAVID L. SIEGRIST ANDY GWINNUP MICHAEL E. MCCLUNG JACK L. SINE JOEL J. HAGAN DOUGLAS F. MCCOBB, JR. KENNETH G. SIPPERLY, JR. DARREN B. HALFORD KRISTIN H. MCCOY JEOFFREY D. SLOAN HENRY G. HAMBY IV JAMES D. MCCUNE MARK A. SLOAN PHILLIP T. HAMILTON JOHN C. MCCURDY STAMATIS B. SMELTZ JEFF A. HAMM III SEAN R. MCELHANEY PAHIA ALEXANDER I. SMITH ANDREW P. HANSEN CHARLES B. MCFARLAND BRIAN N. SMITH MARY E. HANSON PETRA MCGREGOR CHRISTOPHER A. SMITH

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MATTHEW T. SMITH GERALD P. SZYBIST WENDY J. WASIK NATHAN E. SMITH FRED D. TAYLOR STEPHEN L. WEAVER SHAWN A. SMITH SCOTT A. THATCHER TIMOTHY D. WEST CHRISTOPHER G. SMITHTRO KEVIN C. THERRIEN SUZANNE L. WHEELER JEFFREY C. SOBEL JAMES E. THOMPSON JOE L. WHITE, JR. LAURA A. SOULE SCOTT T. THOMPSON RAYMOND C. WIER ADRIAN L. SPAIN KENNETH J. TIMKO JOHN B. WILBOURNE RANDALL G. SPARKS BRIAN A. TOM JAMES H. WILKERSON BENJAMIN W. SPENCER CHARLES A. TOMKO SCOTT E. WILLIAMS CHRISTOPHER M. SPIGELMIRE ROBERT W. TRAYERS, JR. MARK L. WILLIAMSON LAWRENCE J. SPINETTA ALICE WARD TREVINO PRESTON L. WILLIAMSON MICHAEL T. SPRADLEY DENNIS P. TUCKER, JR. MICHAEL J. WINTERS, JR. STANLEY A. SPRINGER DOYLE C. TURNER KIRK B. STABLER JEREMEY D. TURNER JEFFREY L. WITKOP KIRT L. STALLINGS SEAN K. TYLER WILLIAM S. WOLFE GREGORY K. STANKEWICZ KRISTIN S. UCHIMURA BRYAN T. WOLFORD ALEX STATHOPOULOS ROBERT K. UMSTEAD III PAMELA L. WOOLLEY AARON W. STEFFENS CHARLES E. UNDERHILL MARK O. YEISLEY KAREN D. STOFF BENJAMIN R. UNGERMAN AARON A. C. YOUNG ALESSANDRA STOKSTAD JENNIFER L. UPTMOR PATRICK G. YOUNGSON DAVID E. STOOKEY MARC R. VANDEVEER SCOTTIE L. ZAMZOW ROBERT A. STRASSER DANIEL A. VASENKO ERIC D. ZIMMERMAN MITCHELL D. STRATTON JOHN E. VAUGHN JEFFREY R. STUTZ TODD M. VENEMA IN THE ARMY CHRISTOPHER B. SULLIVAN MICHAEL C. VENERI JIMMIE E. SULLIVAN, JR. LASZLO A. VERES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY P. SUNDBERG DEANNA L. VIOLETTE TO THE GRADE INDICATED IN THE RESERVE OF THE TIMOTHY J. SUNDVALL MICHAEL A. VOGEL ARMY UNDER TITLE 10, U.S.C., SECTION 12203: ANGELA W. SUPLISSON MICHAEL V. WAGGLE MARK A. SURIANO RICHARD E. WAGNER To be colonel ROBERT T. SWANSON, JR. JOHN C. WALKER STEVEN M. SWEENEY KENNETH D. WARCHOLIK DWIGHT Y. SHEN FRANCIS J. SWEKOSKY, JR. ANNE M. WARNEMENT CAROL J. PIERCE

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