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

Vol. 157 WASHINGTON, WEDNESDAY, JANUARY 5, 2011 No. 1 Senate The fifth day of January being the ginning January 3, 2011. All certifi- STATE OF CONNECTICUT day prescribed by Public Law 111–289 cates, the Chair is advised, are in the Executive Department for the meeting of the 1st Session of form suggested by the Senate or con- To the President of the Senate of the United the 112th Congress, the Senate assem- tain all essential requirements of the States: bled in its Chamber at the Capitol and form suggested by the Senate. If there This is to Certify that on the second day of at 12:04 p.m. was called to order by the is no objection, the reading of the cer- November, two thousand and ten Richard Vice President (Mr. BIDEN). tificates will be waived and they will Blumenthal was duly chosen by the qualified be printed in the RECORD. electors of the State of Connecticut Senator PRAYER There being no objection, the mate- from said State to represent said State in The Chaplain, Dr. Barry C. Black, of- the Senate of the United States for the term rial was ordered to be printed in the of six years, beginning on the third day of fered the following prayer: Record, as follows: January two thousand and eleven. Let us pray. STATE OF NEW HAMPSHIRE Witness: Her Excellency our Governor; M. Almighty God, who has placed us Executive Department Jodi Rell and our seal hereto affixed at Hart- here and gives us work to do at the ford, this twenty-fourth day of November, in opening of the 112th Congress, we pause To the President of the Senate of the United States: the year of our Lord two thousand ten. to thank You for sustaining this Na- This is to certify that on the second day of M. JODI RELL, tion from generation to generation, in November, two thousand and ten Kelly Governor. prosperity and in adversity. We praise Ayotte was duly chosen by the qualified elec- SUSAN BYSIEWICZ, You for this new year with its new ho- tors of the State of New Hampshire to rep- Secretary of the State. rizons, fresh challenges, and high du- resent said State in the Senate of the United [State Seal Affixed] ties. States for the term of six years beginning on May the solemn induction of some of the third day of January, two thousand and STATE OF MISSOURI our lawmakers become the renewal of eleven. CERTIFICATE OF ELECTION FOR SIX-YEAR TERM Witness, His Excellency, Governor John H. vows for all. Give our Senators the wis- Lynch and the Seal of State of New Hamp- To the President of the Senate of the United dom to exert their best efforts for the shire hereto affixed at Concord, this seven- States: security of this land we love. In the teenth day of November, in the year of Our This is to certify that on the 2nd day of words of the prophet Micah, may they Lord two thousand and ten. November, 2010, Roy Blunt was duly chosen by the qualified electors of the State of Mis- do justly, love mercy, and walk humbly JOHN H. LYNCH, Governor. souri a Senator from said State to represent with You. Join them in heart, mind, said State in the Senate of the United States and soul to build a better world. By the Governor, with advice of the Coun- cil: for the term of six years, beginning on the Lord, guide by Your high wisdom the 3rd day of January, 2011. President, the Vice President, the WILLIAM M. GARDNER, Secretary of State. Witness: His Excellency our Governor Jere- Members of the Senate and the House [State Seal Affixed] miah W. (Jay) Nixon, and our seal hereto af- of Representatives, that they may ever fixed at the City of Jefferson this 1st day of seek to know and do Your will. STATE OF COLORADO December, in the year of our Lord 2010. By the Governor: We pray in Your sovereign Name. CERTIFICATE OF ELECTION FOR SIX-YEAR TERM Amen. JEREMIAH W. (JAY) NIXON, To the President of the Senate of the United Governor. f States: ROBIN CARNAHAN, PLEDGE OF ALLEGIANCE This is to certify that on the Second day of Secretary of State. November, 2010, Michael F. Bennet was duly [State Seal Affixed] The VICE PRESIDENT led the chosen by the qualified electors of the State Pledge of Allegiance, as follows: of Colorado a Senator from said State to rep- STATE OF ARKANSAS I pledge allegiance to the Flag of the resent said State in the Senate of the United United States of America, and to the Repub- States for the term of six years, beginning To the President of the Senate of the United lic for which it stands, one nation under God, on the Third day of January, 2011. States: indivisible, with liberty and justice for all. Witness: His Excellency our Governor Bill Know Ye, That Whereas, It appears that Ritter, Jr., and our seal hereto affixed at John Boozman was duly elected to the U.S. f Denver, Colorado this Ninth day of Decem- Senate, in and for the State of Arkansas at CERTIFICATES OF ELECTION ber, in the year of our Lord 2010. an election held on the second day of Novem- The VICE PRESIDENT. The Chair By the Governor: ber, Two Thousand Ten. BILL RITTER, Jr., Therefore, I, Mike Beebe, Governor of the lays before the Senate one certificate Governor. State of Arkansas in the name and by au- of election to fulfill an unexpired term BERNIE BUESCHER, thority of the people of the State of Arkan- and the certificates of election for 34 Secretary of State. sas, vested in me by the Constitution and the Senators elected for 6-year terms be- [State Seal Affixed] laws of said State do hereby certify that

∑ 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 05:08 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A05JA6.000 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S2 CONGRESSIONAL RECORD — SENATE January 5, 2011 John Boozman was duly chosen by the quali- said State in the Senate of the United States [State Seal Affixed] fied electors of the State of Arkansas to the for the term of six years, beginning on the office of U.S. Senate in and for the State of 3rd day of January, 2011. STATE OF NEW YORK Arkansas for the term of six years, beginning Witness: His excellency our Governor Executive Chamber on the 3rd of January, 2011. Mitchell E. Daniels, Jr, and our seal hereto To the President of the United States: Witness: His excellency our governor Mike affixed at Indianapolis, this the twenty-sec- This is to certify that on the second day of Beebe, and our seal hereto affixed at Little ond day of November, in the year, 2010, November, two thousand ten, Kirsten Rock, Arkansas this 3rd day of December, in By the Governor: Gillibrand was duly chosen by the qualified the year of our Lord 2010. M. E. DANIELS, Jr., electors of the State of New York a Senator MIKE BEEBE, Governor. for the unexpired term ending at noon on the Governor. Attest: third day of January, 2013, to fill the vacancy CHARLIE DANIELS, TODD ROKITA, in the representation of such State in the Secretary of State. Secretary of State. Senate of the United States caused by the [State Seal Affixed] [State Seal Affixed] resignation of Hillary Rodham Clinton upon her appointment as Secretary of State. STATE OF CALIFORNIA STATE OF OKLAHOMA Witness: His excellency our Governor Executive Department Office of the Secretary of State David A. Paterson and our seal hereto af- CERTIFICATE OF ELECTION FOR SIX-YEAR TERM CERTIFICATE OF ELECTION FOR SIX-YEAR TERM fixed at Albany, New York this seventeenth day of December in the year two thousand To the President of the Senate of the United To the President of the Senate of the United ten. States: States: By the Governor: This is to certify that on the 2nd day of This is to certify that on the 2nd day of DAVID A. PATERSON, November, 2010, Barbara Boxer was duly cho- November, 2010, Tom Coburn was duly cho- Governor. sen by the qualified electors of the State of sen by the qualified electors of the State of RUTH NOEMI COLON, California as a Senator from said State to Oklahoma a Senator from said State to rep- Secretary of State. represent said State in the Senate of the resent said State in the Senate of the United [State Seal Affixed] United States for the term of six years, be- States for the term of six years, beginning of ginning on the 3rd day of January, 2011. the 3d day of January, 2011. STATE OF IOWA In witness whereof I have hereunto set my Witness: His excellency our Governor Brad Executive Department hand and caused the Great Seal of the State Henry, and our seal hereto affixed at Okla- In The Name and By The Authority of The of California to be affixed this 15th day of homa City, Oklahoma this 18th day of No- State of Iowa December, 2010. vember, in the year of our Lord 2010. CERTIFICATE OF ELECTION TO THE SENATE OF ARNOLD SCHWARZENEGGER, By the Governor: THE UNITED STATES FOR SIX-YEAR TERM Governor of Cali- BRAD HENRY, fornia. Governor. To the President of the Senate of the United Attest: M. SUSAN SAVAGE, States: DEBRA BOWEN, Secretary of State. This is to certify that on the 2nd day of Secretary of State. [State Seal Affixed] November 2010, Chuck Grassley was duly [State Seal Affixed] chosen by the qualified electors of the State STATE OF IDAHO of Iowa a Senator from said State to rep- resent said State in the Senate of the United STATE OF NORTH CAROLINA Office of the Secretary of State States for the term of six years, beginning CERTIFICATE OF ELECTION FOR SIX-YEAR TERM CERTIFICATE OF ELECTION FOR SIX-YEAR TERM on the 3rd day of January 2011. To the President of the Senate of the United To the President of the Senate of the United Witness: His excellency our Governor Ches- States: States: ter J. Culver, and our seal hereto affixed at This is to certify that on the 2nd day of This is to certify that on the 2nd day of Des Moines this 29th day of November, in the November, 2010, Richard Burr was duly cho- November, 2010, Mike Crapo was duly chosen year of our Lord two thousand ten. sen by the qualified electors of the State of by the qualified electors of the State of CHESTER J. CULVER, North Carolina, a Senator from said State to Oklahoma a Senator from said State to rep- Governor of Iowa. represent said State in the Senate of the resent said State in the Senate of the United Attest: United States for the term of six years, be- States for the term of six years, beginning of MICHAEL A. MAURO, ginning on the 3rd day of January, 2011. the 3d day of January, 2011. Secretary of State. In Witness Whereof, I have hereunto signed Witness: His excellency our Governor C.L. [State Seal Affixed] my name and caused to be affixed the Great ‘‘Butch’’ Otter, and our seal hereto affixed at STATE OF NORTH DAKOTA Seal of the State, at the Capital City of Ra- Oklahoma City, Oklahoma this 17th day of leigh, this the 8th day of December, 2010. November, in the year of our Lord 2010. Secretary of State BEVERLY EAVES PERDUE, By the Governor: CERTIFICATE OF ELECTION FOR SIX-YEAR TERM Governor. C.L. ‘‘BUTCH’’ OTTER, To the President of the Senate of the United ELAINE F. MARSHALL, Governor. States: Secretary of State. BEN YSURSA, This is to certify that on the 2nd day of [State Seal Affixed] Secretary of State. November 2010, John Hoeven was duly chosen [State Seal Affixed] by the qualified electors of the State of STATE OF INDIANA North Dakota to represent North Dakota in CERTIFICATE OF ELECTION FOR A SIX-YEAR STATE OF SOUTH CAROLINA the Senate of the United States for the term TERM By His Excellency of six years, beginning on the 3rd day of Jan- Be it known by these presents: uary 2011. The Governor and Commander-In-Chief in Whereas, according to certified statements In witness whereof, we have set our hands and Over the State Aforesaid submitted by the Circuit Court Clerks of the at the Capitol City of Bismarck this 16th day several counties to the Election Division of CERTIFICATE OF ELECTION FOR SIX-YEAR TERM of November 2010, and affixed the Great Seal the Office of the Secretary of State of Indi- To the President of the Senate of the United of the State of North Dakota. ana, and based upon the tabulation of those States: JOHN HOEVEN, statements performed by the Election Divi- This is to certify that on the Second Day Govenor. sion, the canvass prepared by the Election of November, 2010, A.D. James W. DeMint ALVIN A. JAEGER, Division states that at the General Election was duly chosen by the qualified electors of Secretary of State. conducted on the second day of November, the State of South Carolina, a Senator from PENNY MILLER, 2010, the electors chose Dan Coats to serve said State to represent said State in the Sen- State Canvassing the People of the State of Indiana as United ate of the United States for the term of six Board. States Senator from Indiana years, beginning on the Third Day of Janu- [State Seal Affixed] Now therefore, in the name of and by the ary 2011. authority of the State of Indiana, I certify Witness: His Excellency our Governor, STATE OF HAWAII the following in accordance with Title 2 Mark Sanford, and our Seal hereto affixed at CERTIFICATE OF ELECTION FOR SIX-YEAR TERM United States Code Section 1: Columbia, South Carolina this Seventeenth To the President of the Senate of the United To the President of the Senate of the United Day of November, in the Year of Our Lord, States: States: 2010. This is to certify that on the second day of This is to certify that on the second day of MARK SANFORD, November, 2010, Daniel K. Inouye was duly November 2010, Dan Coats was duly chosen Governor. chosen by the qualified electors of the State by the qualified electors of the State of Indi- MARK HAMMOND, of Hawaii a Senator from said State to rep- ana a Senator from said State to represent Secretary of State. resent said State in the Senate of the United

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States for the term of six years, beginning at STATE OF VERMONT Attest: noon on the 3rd day of January, 2011. CERTIFICATE OF ELECTION FOR SIX-YEAR TERM JOHN P. MCDONOUGH, Witness, Her excellency our governor, Secretary of State. To the President of the Senate of the United [State Seal Affixed] Linda Lingle, and our seal hereto affixed at States: Honolulu this 22nd day of November, in the This is to certify that on the 2nd day of STATE OF KANSAS year of our Lord 2010. November, 2010, Patrick Leahy was duly cho- CERTIFICATE OF ELECTION FOR SIX-YEAR TERM By the governor: sen by the qualified electors of the State of LINDA LINGLE, Vermont a Senator from said State to rep- To the President of the Senate of the United Governor. resent said State in the Senate of the United States: SCOTT T. NAGO, States for the term of six years, beginning This is to certify that on the 2nd day of Chief Election Officer. on the 3rd day of January, 2011. November, 2010, Jerry Moran was duly cho- [State Seal Affixed] Witness: His Excellency our Governor, sen by the qualified electors of the state of James H. Douglas, and our seal hereto af- Kansas, a Senator from said State to rep- STATE OF GEORGIA fixed at Montpelier this 12th day of Novem- resent said State in the Senate of the United States for the term of six years, beginning By his Excellency Sonny Perdue, Governor ber, in the year of our Lord 2010. on the 3rd day of January 2011. of said state JAMES H. DOUGLAS, Governor. Witness: His excellency our governor Mark To the honorable Johnny Isakson Greet- DAVID M. CORIELL, Parkinson, and our seal hereto affixed at To- ings: Secretary of Civil and peka, Kansas this 29th day of November, in To the President of the Senate of the United Military Affairs. the year of our Lord 2010. States: DEBORAH L. MARKOWITZ, By the governor: This is to certify that on the 2nd day of Secretary of State. MARK PARKINSON, November, 2010, Johnny Isakson was duly [State Seal Affixed] Governor. chosen by the qualified electors of the State CHRIS BIGGS, of Georgia, a Senator from said State to rep- Secretary of State. STATE OF UTAH resent said State in the Senate by the United [State Seal Affixed] States for the term of six years, beginning To the President of the Senate of the United on the 3rd day of January, 2011. States: STATE OF ALASKA This is to certify that on the second day of Witness: His excellency our Governor CERTIFICATE OF ELECTION FOR SIX-YEAR TERM November, 2010, Mike Lee was duly chosen Sonny Perdue, and the Great Seal of the by the qualified electors of the State of Utah To the President of the Senate of the United State of Georgia hereto affixed at the Cap- a Senator from said State to represent said States: itol, in the city of Atlanta, the ninth day of State in the Senate of the United States for This is to certify that on the 2nd day of November, in the year of our Lord Two the term of six years, beginning on the 3rd of November, 2010, Lisa Murkowski was duly Thousand and Ten. January 2011. chosen by the qualified electors of the state By the Governor, Witness: His excellency our governor Gary of Alaska a Senator from said State to rep- SONNY PERDUE, R. Herbert, and our seal hereto affixed at resent said State in the Senate of the United Governor. Salt Lake city, this 22nd day of November, in States for the term of six years, beginning BRIAN P. KEMP, the year of our Lord 2010. on the 3rd day of January, 2011. Secretary of State. Witness: His excellency our governor Sean GARY R. HERBERT, [State Seal Affixed] Governor. R. Parnell, and our seal hereto affixed at Ju- neau this 30th day of December, in the year GREG BELL, STATE OF WISCONSIN Lieutenant Governor. of our Lord 2010. By the Governor: CERTIFICATE OF ELECTION [State Seal Affixed] SEAN R. PARNELL, To the President of the Senate of the United Governor. STATE OF ARIZONA States: By the Lieutenant Governor: This is to certify that on the 2nd of Novem- Department of State MEAD TREADWELL, ber, 2010, Ron Johnson was duly chosen by CERTIFICATE OF ELECTION FOR SIX-YEAR TERM Lieutenant Governor. the qualified electors of the State of Wis- To the President of the Senate of the United [State Seal Affixed] consin a Senator from said State to rep- States: STATE OF WASHINGTON resent said State in the Senate of the United This is to certify that on the 2nd day of States for the term of six years, beginning November 2010, John McCain was duly cho- CERTIFICATE OF ELECTION on the 3rd day of January, 2011. sen by the qualified electors of the State of To the President of the Senate of the United Witness: His excellency our governor Jim Arizona a Senator from said State to rep- States: Doyle, and our seal hereto affixed at Madison resent said State in the Senate of the United This is to Certify that at the General Elec- this 2nd day of December 2010. States for the term of six years, beginning tion held in the State of Washington on the By the Governor: the 3rd Day of January 2011. 2nd day of November, 2010, Patty Murray was JIM DOYLE, Witness: Her excellency the Governor of duly chosen by the qualified electors of the Governor. Arizona, and the Great Seal of the State of State of Washington as United States Sen- DOUGLAS LA FOLLETTE, Arizona hereto affixed at the Capitol in ator from the state of Washington to rep- Secretary of State. Phoenix this 29th day of November 2010. resent the state of Washington in the Senate [State Seal Affixed] JANICE K. BREWER, of the United States for the term of six Governor. years, beginning on the 3rd day of January, STATE OF ILLINOIS KEN BENNETT, 2011. Executive Department Secretary of State. Witness: Her excellency our Governor [State Seal Affixed] Christine Gregoire, and our seal hereto af- To the President of the Senate of the United fixed at Olympia, Washington this 2nd day of States: STATE OF MARYLAND December, 2010. This is to Certify that on the Second day of By the Governor: Executive Department November, Two Thousand and Ten, Mark CHRISTINE GREGOIRE, Steven Kirk was duly chosen by the qualified CERTIFICATE OF ELECTION FOR SIX-YEAR TERM Governor. electors of the State of Illinois a Senator To the President of the Senate of the United Attest: from said State to represent said State in States: SAM REED, the Senate of the United States for the term This is to certify that on the 2nd day of Secretary of State. of six years, beginning on the third day of November, 2010, Barbara A. Mikulski was [State Seal Affixed] January, Two Thousand and Eleven. duly chosen by the qualified electors of the Witness: His Excellency Our Governor, Pat State of Maryland a Senator from said State COMMONWEALTH OF KENTUCKY Quinn, and our seal hereto affixed at the to represent said State in the Senate of the To all to Whom These Presents shall Come, City of Springfield, Illinois, this Third day of United States for the term of six years, be- Greeting: December, in the year of our Lord Two Thou- ginning on the 3d day of January, 2011. Know Ye That Honorable Rand Paul hav- sand and Ten. Witness: His excellency our governor Mar- ing been duly certified, that on November 2, By the Governor: tin O’Malley, and our seal hereto affixed at 2010 was duly chosen by the qualified elec- PAT QUINN, Annapolis, Maryland this 7th day of Decem- tors of the Commonwealth of Kentucky a Governor. ber, in the year or our Lord 2010. Senator from said state to represent said JESSE WHITE, By the governor: state in the Senate of the United States for Secretary of State. MARTIN O’MALLEY, the term of six years, beginning the 3rd day [State Seal Affixed] Governor. of January 2011.

VerDate Mar 15 2010 05:08 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\A05JA6.007 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S4 CONGRESSIONAL RECORD — SENATE January 5, 2011 I hereby invest the above named with full Florida a Senator from said State to rep- by the qualified electors of the Common- power and authority to execute and dis- resent said State in the Senate of the United wealth of Pennsylvania as a United States charge the duties of the said office according States for the term of six years, beginning Senator to represent Pennsylvania in the to law. And to have and to hold the same, on the 3rd day of January, 2011. Senate of the United States for a term of six with all the rights and emoluments there- Witness: His excellency our governor, years, beginning on the third day of January, unto legally appertaining, for and during the Charlie Crist, and our seal hereto affixed at 2011. term prescribed by law. Tallahassee, the Capital, this 29th day of No- Witness: His excellency our Governor, Ed- In testimony whereof, I have caused these vember, in the year of our Lord 2010. ward G. Rendell, and our seal hereto affixed letters to be made patent, and the seal of the By the Governor: at Harrisburg this ninth day of December, in Commonwealth to be hereunto affixed. Done CHARLIE CRIST, the year of our Lord, 2010. at Frankfort, the 23rd day of November in Governor. EDWARD G. RENDELL, the year of our Lord two thousand and ten DAWN K. ROBERTS, Governor. and in the 219th year of the Commonwealth, Interim Secretary of BASIL L. MERENDA, By the Governor: State. Secretary of the Com- STEVEN L. BESHEAR, [State Seal Affixed] monwealth. Governor. [State Seal Affixed] STATE OF NEW YORK TREY GRAYSON, Executive Chamber Secretary of State. STATE OF LOUISIANA [State Seal Affixed] To the President of the United States: CERTIFICATE OF ELECTION FOR SIX-YEAR TERM This is to certify that on the second day of STATE OF OHIO November, two thousand ten, Charles E. To the President of the Senate of the United States: CERTIFICATE OF ELECTION FOR SIX-YEAR TERM Schumer was duly chosen by the qualified electors of the State of New York a Senator This is to certify that on the 2nd day of U.S. Senator from said State to represent the State in the November, 2010, David Vitter was duly cho- To the President of the Senate of the United Senate of the United States for the term of sen by the qualified electors of the State of States: six years, beginning on the third day of Jan- Louisiana a Senator from said State to rep- This is to certify that on the 2nd day of uary, two thousand eleven. resent said State in the Senate of the United November 2010, Rob Portman was duly elect- Witness: His excellency our Governor States for the term of six years, beginning ed by the qualified electors of the State of David A. Paterson and our seal hereto af- on the 3rd day of January, 2011. Ohio as the Senator from said State in the fixed at Albany, New York this seventeenth Witness: His Excellency our Governor, Senate of the United States for the term of day of December in the year two thousand Bobby Jindal, and our seal hereto affixed at six years, beginning on the third day of Jan- ten. Baton Rouge, Louisiana this 12th day of No- uary, 2011. By the Governor: vember, in the year of our Lord, 2010. In testimony whereof, I have hereunto sub- DAVID A. PATERSON, By the Governor: scribed my name and caused the great seal of Governor. BOBBY JINDAL, the State of the Ohio to be hereto affixed at RUTH NOEMI COLON, Governor. Columbus, Ohio, this 7th day of December, in Secretary of State. TOM SCHEDLER, the year of our Lord 2010. [State Seal Affixed] Secretary of State. By the Governor: [State Seal Affixed] TED STRICKLAND, STATE OF ALABAMA Governor. CERTIFICATE OF ELECTION FOR SIX-YEAR TERM STATE OF OREGON Countersigned: To the President of the Senate of the United CERTIFICATE OF ELECTION FOR SIX-YEAR TERM JENNIFER BRUNNER, States: SECRETARY OF STATE. This is to certify that on the 2nd day of To the President of the Senate of the United [State Seal Affixed] November, 2010, Richard C. Shelby was duly States: chosen by the qualified electors of the State This is to certify that on the 2nd day of STATE OF NEVADA of Alabama a Senator from said State to rep- November, 2010, Ron Wyden was duly chosen Executive Department resent said State in the Senate of the United by the qualified electors of the State of Or- egon, a Senator from said State to represent CERTIFICATE OF ELECTION States for the term of six years beginning on the 3rd day of January, 2011. said State in the Senate of the United States United States Senate Witness: His excellency our governor Bob for a term of six years, beginning on the 3rd This is to certify that at a general election Riley, and our seal hereto affixed at Mont- day of January, 2011. held in the State of Nevada on Tuesday, the gomery this 22nd day of November, in the Witness: His excellency our Governor, second day of November, two thousand ten year of our Lord 2010. Theodore Kulongoski, and our seal hereto af- Harry Reid was duly elected as a Member of By the Governor: fixed at Salem, Oregon, this 2nd day of De- the United States Senate, in and for the ROB RILEY, cember, 2010. State of Nevada, for a term of six years from Governor. By the Governor: and after the third day in January, two thou- BETH CHAPMAN, THEODORE KULONGOSKI, sand eleven; Secretary of State. Governor. Now, Therefore, I Jim Gibbons, Governor [State Seal Affixed] KATE BROWN, of the State of Nevada, by the authority Secretary of State. vested in me by the Constitution and laws STATE OF SOUTH DAKOTA [State Seal Affixed] thereof, do hereby Commission him, the said Office of the Secretary of State f Harry Reid as a Member of the United States CERTIFICATE OF ELECTION Senate, for the State of Nevada, and author- This is to certify that on the second day of ADMINISTRATION OF OATH OF ize him to discharge the duties of said office November, 2010, at the general election, John OFFICE according to law, and to hold and enjoy the R. Thune was elected by the qualified voters same, together with all powers, privileges of the State of South Dakota to the office of The VICE PRESIDENT. If the Sen- and emoluments thereunto appertaining. United States Senator for the term of six ators to be sworn in will now present In Testimony Thereof, I have hereunto set years, beginning on the third day of January, themselves to the desk in groups of my hand and caused the Great Seal of the 2011. four as their names are called in alpha- State of Nevada to be affixed at the State In witness whereof, We have hereunto set betical order, the Chair will administer Capitol at Carson City, Nevada on this 14th our hands and caused the Seal of the State the oath of office. day of December, two thousand ten. to be affixed at Pierre, the Capital, this 22nd The clerk will read the names of the JIM GIBBONS, day of November, 2010. first group. Governor of the State M. MICHAEL ROUNDS, of Nevada. Governor. The legislative clerk (Kathleen Alva- ROSS MILLER, Attested by: rez Tritak) called the names of Ms. Secretary of State of CHRIS NELSON, AYOTTE of New Hampshire, Mr. BENNET Nevada. Secretary of State. of Colorado, Mr. BLUMENTHAL of Con- [State Seal Affixed] [State Seal Affixed] necticut, and Mr. BLUNT of Missouri. These Senators, escorted by Mrs. STATE OF FLORIDA COMMONWEALTH OF PENNSYLVANIA SHAHEEN, Mr. UDALL of Colorado, Mr. To the President of the Senate of the United Governor’s Office DODD, Mr. LIEBERMAN, Mr. BOND, and States: To the President of the Senate of the United This is to certify that on the 2nd day of States: Mrs. MCCASKILL, respectively, ad- November, 2010, Marco Rubio was duly cho- This is to certify that on the second day of vanced to the desk of the Vice Presi- sen by the qualified electors of the State of November, 2010, Pat Toomey was duly chosen dent; the oath prescribed by law was

VerDate Mar 15 2010 06:41 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A05JA6.028 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE January 5, 2011 CONGRESSIONAL RECORD — SENATE S5 administered to them by the Vice scribed to the oath in the Official Oath Mr. REID. Mr. President, I suggest President; and they severally sub- Book. the absence of a quorum. scribed to the oath in the Official Oath The VICE PRESIDENT. Congratula- The VICE PRESIDENT. The absence Book. tions. of a quorum having been suggested, the The VICE PRESIDENT. Congratula- (Applause, Senators rising.) clerk will call the roll. tions. The VICE PRESIDENT. The clerk The legislative clerk proceeded to (Applause, Senators rising.) will read the names of the next four call the roll, and the following Sen- The VICE PRESIDENT. The clerk Senators. ators entered the Chamber and an- will read the names of the next four The legislative clerk called the swered to their names: Senators. names of Mr. MCCAIN, Ms. MIKULSKI, [Quorum No. 1 Leg.] The legislative clerk called the Mr. MORAN, and Ms. MURKOWSKI. Akaka Gillibrand Moran names of Mr. BOOZMAN of Arkansas, These Senators, escorted by Mr. KYL, Alexander Graham Murkowski Mrs. BOXER of California, Mr. BURR of Mr. CARDIN, Mr. SARBANES, Mr. Ayotte Grassley Murray North Carolina, and Mr. COATS of Indi- BROWNBACK, Mr. ROBERTS, Ms. MUR- Barrasso Hagan Nelson (NE) Baucus Harkin Nelson (FL) ana. KOWSKI, and Mrs. Dole, respectively, Bennet Hatch Paul These Senators, escorted by Mr. advanced to the desk of the Vice Presi- Bingaman Hoeven Portman PRYOR, Mr. REID, Mrs. HAGAN, Mr. dent; the oath prescribed by law was Blumenthal Inhofe Pryor Blunt Inouye Reed Faircloth, Mrs. Dole, Mr. Broyhill, Mr. administered to them by the Vice Boozman Isakson Reid LUGAR, and Mr. Quayle, respectively, President; and they severally sub- Boxer Johanns Risch advanced to the desk of the Vice Presi- scribed to the oath in the Official Oath Brown (OH) Johnson (WI) Roberts dent; the oath prescribed by law was Book. Burr Johnson (SD) Rockefeller Cantwell Kirk Rubio administered to them by the Vice The VICE PRESIDENT. Congratula- Cardin Klobuchar Schumer President; and they severally sub- tions. Carper Kohl Sessions scribed to the oath in the Official Oath (Applause, Senators rising.) Casey Kyl Shaheen The VICE PRESIDENT. The clerk Chambliss Landrieu Shelby Book. Coats Lautenberg Snowe The VICE PRESIDENT. Congratula- will read the names of the next four Coburn Leahy Stabenow tions. Senators. Collins Lee Tester (Applause, Senators rising.) The legislative clerk called the Conrad Lieberman Thune Coons Lugar Toomey The VICE PRESIDENT. The clerk names of Mrs. MURRAY, Mr. PAUL, Mr. Corker Manchin Udall (CO) will read the names of the next four PORTMAN, and Mr. REID. Cornyn McCain Udall NM) Senators. These Senators, escorted by Ms. Crapo McCaskill Vitter The legislative clerk called the CANTWELL, Mr. MCCONNELL, Mr. BROWN DeMint McConnell Warner Durbin Menendez Webb names of Mr. COBURN of Oklahoma, Mr. of Ohio, and Mr. Laxalt, respectively, Enzi Merkley Wicker CRAPO of Idaho, Mr. DEMINT of South advanced to the desk of the Vice Presi- Franken Mikulski Wyden Carolina, and Mrs. GILLIBRAND of New dent; the oath prescribed by law was The VICE PRESIDENT. A quorum is York. administered to them by the Vice present. These Senators, escorted by Mr. President; and they severally sub- INHOFE, Mr. RISCH, Mr. GRAHAM, and scribed to the oath in the Official Oath f Mr. SCHUMER, respectively, advanced to Book. the desk of the Vice President; the The VICE PRESIDENT. Congratula- LIST OF SENATORS BY STATE oath prescribed by law was adminis- tions. tered to them by the Vice President; (Applause, Senators rising.) ALABAMA and they severally subscribed to the The VICE PRESIDENT. The clerk Richard C. Shelby and Jeff Sessions oath in the Official Oath Book. will read the names of the next four ALASKA The VICE PRESIDENT. Congratula- Senators. Lisa Murkowski and Mark Begich tions. The legislative clerk called the ARIZONA (Applause, Senators rising.) names of Mr. RUBIO, Mr. SCHUMER, Mr. John McCain and Jon Kyl The VICE PRESIDENT. The clerk SHELBY, and Mr. THUNE. ARKANSAS These Senators, escorted by Mr. Mar- will read the names of the next four Mark L. Pryor and John Boozman Senators. tinez, Mr. NELSON of Florida, Mrs. GIL- CALIFORNIA The legislative clerk called the LIBRAND, Mr. SESSIONS, and Mr. JOHN- names of Mr. GRASSLEY, Mr. HOEVEN, SON of South Dakota, respectively, ad- Dianne Feinstein and Barbara Boxer Mr. INOUYE, and Mr. ISAKSON. vanced to the desk of the Vice Presi- COLORADO These Senators, escorted by Mr. HAR- dent; the oath prescribed by law was Mark Udall and Michael F. Bennet KIN, Mr. CONRAD, Mr. ANDREWS, Mr. administered to them by the Vice CONNECTICUT AKAKA, and Mr. CHAMBLISS, respec- President; and they severally sub- Joseph I. Lieberman and Richard tively, advanced to the desk of the Vice scribed to the oath in the Official Oath Blumenthal President; the oath prescribed by law Book. DELAWARE was administered to them by the Vice The VICE PRESIDENT. Congratula- Thomas R. Carper and Christopher A. President; and they severally sub- tions. Coons scribed to the oath in the Official Oath (Applause, Senators rising.) FLORIDA Book. The VICE PRESIDENT. The clerk Bill Nelson and Marco Rubio The VICE PRESIDENT. Congratula- will read the names of the next three GEORGIA tions. Senators. (Applause, Senators rising.) The legislative clerk called the Saxby Chambliss and Johnny Isakson The VICE PRESIDENT. The clerk names of Mr. TOOMEY, Mr. VITTER, and HAWAII will read the names of the next four Mr. WYDEN. Daniel K. Inouye and Daniel K. Akaka Senators. These Senators, escorted by Mr. IDAHO The legislative clerk called the CASEY, Ms. LANDRIEU, and Mr. Mike Crapo and James E. Risch names of Mr. JOHNSON of Wisconsin, MERKLEY, respectively, advanced to ILLINOIS Mr. KIRK, Mr. LEAHY, and Mr. LEE. the desk of the Vice President; the Richard J. Durbin and Mark Kirk These Senators, escorted by Mr. oath prescribed by law was adminis- INDIANA KOHL, Mr. Kasten.., Mr. DURBIN, Mr. tered to them by the Vice President; Richard G. Lugar and Dan Coats INOUYE, and Mr. HATCH, respectively, and they severally subscribed to the advanced to the desk of the Vice Presi- oath in the Official Oath Book. IOWA dent; the oath prescribed by law was (Applause, Senators rising.) Tom Harkin and Chuck Grassley administered to them by the Vice The VICE PRESIDENT. The majority KANSAS President; and they severally sub- leader. Pat Roberts and Jerry Moran

VerDate Mar 15 2010 03:55 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.002 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S6 CONGRESSIONAL RECORD — SENATE January 5, 2011 KENTUCKY RECOGNITION OF THE MAJORITY Mr. MCCONNELL. I move to lay that Mitch McConnell and Rand Paul LEADER motion on the table. LOUISIANA The VICE PRESIDENT. The majority The motion to lay on the table was Mary L. Landrieu and David Vitter leader is recognized. agreed to. MAINE f f Olympia J. Snowe and Susan M. Collins INFORMING THE PRESIDENT OF FIXING THE HOUR OF DAILY MARYLAND THE UNITED STATES THAT A MEETING OF THE SENATE Barbara A. Mikulski and Benjamin L. QUORUM OF EACH HOUSE IS AS- Cardin Mr. REID. Mr. President, I have a SEMBLED resolution at the desk and ask it be re- MASSACHUSETTS Mr. REID. Mr. President, I have a ported. John F. Kerry and Scott P. Brown resolution at the desk. I ask it now be The VICE PRESIDENT. The clerk MICHIGAN considered. will report the resolution by title. Carl Levin and Debbie Stabenow The VICE PRESIDENT. The clerk The legislative clerk read as follows: MINNESOTA will report the resolution by title. A resolution (S. Res. 3) fixing the hour of Amy Klobuchar and Al Franken The legislative clerk read as follows: daily meeting of the Senate. MISSISSIPPI A resolution (S. Res. 1) informing the The VICE PRESIDENT. Without ob- Thad Cochran and Roger F. Wicker President of the United States that a jection, the resolution is considered quorum of each House is assembled. MISSOURI and agreed to. Claire McCaskill and Roy Blunt The VICE PRESIDENT. Without ob- The resolution (S. Res. 3) read as fol- jection, the resolution is considered MONTANA lows: and agreed to. S. RES. 3 Max Baucus and Jon Tester The resolution (S. Res. 1) reads as NEBRASKA Resolved, That the daily meeting of the follows: Senate be 12 o’clock meridian unless other- Ben Nelson and Mike Johanns S. RES. 1 wise ordered. NEVADA Resolved, That a committee consisting of Mr. REID. Mr. President, I move to Harry Reid and John Ensign two Senators be appointed to join such com- reconsider the vote by which the reso- NEW HAMPSHIRE mittee as may be appointed by the House of lution was agreed to. Jeanne Shaheen and Kelly Ayotte Representatives to wait upon the President of the United States and inform him that a Mr. MCCONNELL. I move to lay that NEW JERSEY quorum of each House is assembled and that motion on the table. Frank R. Lautenberg and Robert Menendez the Congress is ready to receive any commu- The motion to lay on the table was NEW MEXICO nication he may be pleased to make. agreed to. Jeff Bingaman and Tom Udall Mr. REID. I move to reconsider the f NEW YORK vote by which the resolution was agreed to. HONORING SENATOR MIKULSKI AS Charles E. Schumer and Kirsten E. SHE BECOMES THE LONGEST Gillibrand Mr. MCCONNELL. I move to lay that SERVING FEMALE SENATOR NORTH CAROLINA motion on the table. Richard Burr and Kay R. Hagan The motion to lay on the table was Mr. REID. Mr. President, I have an- NORTH DAKOTA agreed to. other resolution at desk. I ask it be The VICE PRESIDENT. Pursuant to now considered. Kent Conrad and John Hoeven S. Res. 1, the Chair appoints the Sen- The VICE PRESIDENT. The clerk OHIO ator from Nevada, Mr. REID, and the will report the resolution by title. Sherrod Brown and Rob Portman Senator from Kentucky, Mr. MCCON- The legislative clerk read as follows: OKLAHOMA NELL, as a committee to join the com- A resolution (S. Res. 4) honoring Senator James M. Inhofe and Tom Coburn mittee on the part of the House of Rep- BARBARA MIKULSKI for becoming the longest OREGON resentatives to wait upon the President serving female Senator in history. Ron Wyden and Jeff Merkley of the United States and inform him (Applause, Senators rising.) PENNSYLVANIA that a quorum is assembled and the The VICE PRESIDENT. Without ob- Robert P. Casey, Jr., and Pat Toomey Congress is ready to receive any com- jection, the resolution is approved and munication that he may be pleased to RHODE ISLAND the preamble is agreed to. make. The resolution (S. Res. 4) was agreed Jack Reed and Sheldon Whitehouse f to. SOUTH CAROLINA INFORMING THE HOUSE OF REP- The preamble was agreed to. Lindsey Graham and Jim DeMint The resolution, with its preamble, SOUTH DAKOTA RESENTATIVES THAT A QUORUM OF THE SENATE IS ASSEMBLED reads as follows: Tim Johnson and John Thune S. RES. 4 Mr. REID. Mr. President, I have an- TENNESSEE Whereas the Honorable Barbara Mikulski Lamar Alexander and Bob Corker other resolution at the desk. I ask it be has had a long and distinguished career as a considered. TEXAS United States Senator from the State of The VICE PRESIDENT. The clerk Maryland; Kay Bailey Hutchison and John Cornyn will report the resolution by title. Whereas Senator Mikulski was first elect- UTAH The legislative clerk read as follows: ed to the United States Congress as a mem- Orrin G. Hatch and Mike Lee A resolution (S. Res. 2) informing the ber of the House of Representatives in 1976, VERMONT House of Representatives that a quorum of where she served until winning election to the Senate in 1986; Patrick J. Leahy and Bernard Sanders the Senate is assembled. Whereas Senator Mikulski is the first VIRGINIA The VICE PRESIDENT. Without ob- woman to be elected to statewide office in Jim Webb and Mark Warner jection, the resolution is considered Maryland; WASHINGTON and agreed to. Whereas in the 103rd Congress, Senator Mi- The resolution (S. Res. 2) reads as kulski was the first woman to be elected As- Patty Murray and Maria Cantwell follows: sistant Senate Democratic Floor Leader; WEST VIRGINIA S. RES. 2 Whereas Senator Mikulski was the first John D. Rockefeller, IV, and Joe Manchin, woman in the Senate Democratic Leader- Resolved, That the Secretary inform the III ship, serving as Secretary of the Senate House of Representatives that a quorum of Democratic Conference in the 104th through WISCONSIN the Senate is assembled and that the Senate the 108th Congresses; Herb Kohl and Ron Johnson is ready to proceed to business. Whereas in 1997, Senator Mikulski became WYOMING Mr. REID. Mr. President, I move to the most senior woman serving in the Sen- Michael B. Enzi and John Barrasso reconsider that vote. ate;

VerDate Mar 15 2010 01:23 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A05JA6.011 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE January 5, 2011 CONGRESSIONAL RECORD — SENATE S7 Whereas Senator Mikulski is the first and she has won the admiration and re- I wish to recognize BARBARA not only woman to serve on the Appropriations Com- spect of her colleagues, both Demo- for her accomplishment as the longest mittee of the Senate and the first woman to crats and Republican, especially those serving female in the Senate history chair the Appropriations Committee’s Sub- for whom she has given her time and but also for all of her many accom- committee on Commerce, Justice, Science, and Related Agencies; her advice as a mentor and a role plishments as a Senator and for the Whereas Senator Mikulski has not only model. pioneering model she has been to so had a path breaking career, but has won the Alongside all her records and accom- many women in her distinguished ca- admiration and respect of colleagues on both plishments, I will always admire the reer. Again, congratulations, Senator sides of the aisle for her hard work, pas- way she led us in one of our darkest MIKULSKI. sionate and effective advocacy, commitment days. As evening fell on Washington, The VICE PRESIDENT. The Senator to social and economic justice, and willing- DC, for the first time after the Twin from Maryland is recognized. ness to serve as a mentor and role model to Towers fell in New York, hundreds of Mr. CARDIN. Mr. President, Mary- other senators; and Members of Congress, from the House landers take pride in their Hall of Whereas Senator Mikulski has now sur- and the Senate, walked outside to the Famers, from Cal Ripkin, our ‘‘Iron passed the record of former Senator Mar- garet Chase Smith as the longest serving fe- steps of the Capitol. We joined hands. Man,’’ to Brooks Robinson with the male Senator in the history of the United Then, in a moment of silence, Senator Golden Gloves, to Johnny Unitas with States: Now, therefore, be it MIKULSKI suggested we all sing ‘‘God the Golden Arm, to Frank Robinson, Resolved, That the Senate recognizes and Bless America.’’ We did. I will never who was an All-Star in both the Amer- honors Senator Barbara Mikulski for becom- forget that moment. ican and National Leagues. Now we add ing the longest-serving female Senator in I will always remember a speech this to that list our own Senator BARBARA history. good woman gave more than two dec- MIKULSKI, the longest serving woman Mr. REID. I move to reconsider the ades ago. Senator MIKULSKI, Senator Senator in Senate history. vote by which the resolution was John Glenn, and I went on a trip to Po- Marylanders are proud of Senator agreed to. land, back when it was behind the BARB not because of her length of serv- Mr. MCCONNELL. I move to lay that Communist Iron Curtain. John Glenn, ice but for what she has done as a Sen- motion on the table. who, of course, was an international ator and throughout her entire career. The motion to lay on the table was celebrity in addition to being a Sen- If you ask any Marylander what they agreed to. ator, captivated the crowd. We were in think about Senator MIKULSKI, they Mr. REID. Mr. President, I now ask a basement, meeting with some dis- will start off by saying: She is a fight- unanimous consent the following Sen- sidents. Knowing Senator MIKULSKI is er. Then they will say: We are glad she ators be recognized to speak on this of Polish descent, I asked if she could is on our side. resolution and Senator MIKULSKI’s his- speak next, after Senator Glenn. I She is an effective fighter for the toric milestone—I would note for Sen- thought she would say a few words people. From protecting neighborhoods ators, we will be in a period of morning about her heritage. I have heard a lot from an unwanted highway to keeping business when we complete the busi- of speeches in my life, but none has jobs in Maryland from being shipped ness of today—REID of Nevada for 2 ever moved me more than the speech overseas, there is no more effective minutes, MCCONNELL for 2 minutes, BARBARA MIKULSKI gave in that base- fighter than Senator BARBARA MIKUL- CARDIN for 2 minutes, SNOWE for 2 min- ment in Warsaw, Poland. SKI. She has protected our national secu- utes, and MIKULSKI for 3 minutes. I ask Congratulations to my friend, Sen- unanimous consent. ator BARBARA MIKULSKI, and the State rity from her position on the Intel- The VICE PRESIDENT. Without ob- of Maryland for returning such a ligence Committee, she has strength- jection, it is so ordered. strong public servant to the Senate on ened the U.S. Space Program in her po- Mr. REID. Mr. President, I came to their behalf. sition on the Appropriations Com- the Senate in January 1987, in the same The VICE PRESIDENT. The Repub- mittee, she provided equity in health lican leader is recognized. care from the HELP Committee, and class as BARBARA MIKULSKI. Every Mr. MCCONNELL. Mr. President, I, sixth January since, including today, she stands up for our Federal workers, too, rise to honor our colleague, the advancing gender equity issues, and BARBARA MIKULSKI and I have been senior Senator from Maryland, on be- the list goes on and on and on. sworn in together. Taking that oath is coming the longest serving female Sen- She has taken her social worker humbling and meaningful for every ator in the history of the Senate. In background, her political training from Senator, but it is a little more mean- achieving this milestone, BARBARA ward politics in east Baltimore, and ingful this time around for Senator MI- passes Margaret Chase Smith, as the her hard work ethic from her parents KULSKI, for Maryland, and for our coun- majority leader indicated, who served and her own common sense to be the try. She is now the longest serving the people of Maine from 1949 to 1973. voice for working families in the Halls woman Senator in our Nation’s his- As was indicated, she is also only the of the Senate. tory. second woman to be elected to both the On a personal note, I thank my friend She has had a pathbreaking career, Senate and the House. for always being there for me, working and that is an understatement. She was When first elected to the Senate in together as a team for the people of the first woman to serve in the Senate 1986, BARBARA was only the 16th woman Maryland. On behalf of my two grand- Democratic leadership when we elected to ever serve. Today, there are more fe- daughters, my daughter, my wife, and her our caucus secretary and she was male Senators than that in the 112th all Americans, thank you, Senator MI- the first woman ever to serve on the Congress alone. KULSKI, for living the American dream Senate Appropriations Committee. BARBARA has served as a role model and making that dream a reality for so The woman whose record she breaks and mentor to many of them, and I many Americans. was a significant Senator in her own know they are grateful for it. She has The VICE PRESIDENT. The Senator right. Margaret Chase Smith of Maine been a champion of the space program, from Maine. was the first woman to be elected to scientific research, welfare reform, Ms. SNOWE. Mr. President, there are both the House and the Senate. major transportation, homeland secu- certain occasions in the life of our Na- I know Senator MIKULSKI very well. rity, and environmental issues in tion and this esteemed institution that She is my friend and my confidant. I Maryland. are so steeped in history they remain know that more than any records, she I think BARBARA would be the first to indelibly etched in our minds and upon is most proud of what she has done tell you that becoming the longest our hearts. This is one of those iconic with that time, time she has dedicated serving female Senator wasn’t easy. moments as we share in recognizing to tireless, passionate, and effective Like all streaks, including that of an- Senator MIKULSKI’s venerable achieve- advocacy for those who need a voice or other Marylander Cal Ripken, there are ment with her colleagues, her family, even a hand. a lot of bumps in the road. But she has loved ones, friends, constituents, staff, She is as committed to social and made it through it all and we are and indeed the Nation. economic justice as any Senator who happy to share in this milestone with This is also a special day of pride has ever served in this great Chamber her today. most especially for those of us who are

VerDate Mar 15 2010 01:23 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A05JA6.012 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S8 CONGRESSIONAL RECORD — SENATE January 5, 2011 women Senators for whom Senator MI- Yet even as Senator Smith was a po- one with those they represent because KULSKI has been a role model and men- litical pioneer, she never deliberately they never ever forgot their roots. tor as well as coleading numerous ef- set out to establish some sort of prece- That is why, as Senators from the forts with Senator HUTCHISON, our sen- dent for women. Rather, what her life State of Maine, where Senator Mar- ior Republican woman, to foster cama- proved is that gender was not the key garet Chase Smith’s legacy has been raderie among all of us. factor in public service but dedication forever enshrined, Senator COLLINS and Having been privileged to know Sen- and energy, confidence, ability, and I are profoundly honored to share in ator MIKULSKI for more than 30 years, sheer guts were. If those foundational this rarified moment as Senator MI- beginning with our mutual service in qualities do not also encapsulate the KULSKI assumes the historic mantle of the House of Representatives, I cannot essence of the public service of Senator longest serving woman in the Senate. conceive of anyone I would rather wit- BARBARA MIKULSKI, then I do not know Indeed, it bodes well for the venerable ness overtaking such a sacrosanct what does. institution of this Senate and our great milestone than the senior Senator from It is, therefore, all the more appro- Nation to have the senior Senator from Maryland, a beloved, vigorous cham- priate and fitting that of anyone it Maryland to be at the vanguard of our pion of the people of her State and un- would be a person of Senator MIKUL- ranks. questionably the women of America. SKI’s legislative stature who would ex- Congratulations. Indisputably, for both of her Maine ceed Senator Smith’s length of service Mr. LEAHY. Mr. President, the Sen- colleagues, Senator COLLINS and me, in the Senate. ate boasts many persuasive voices, but the landmark occasion we are com- As if this benchmark established there are few stronger than that of memorating is all the more personal today were not enough, on March 17, Senator BARBARA MIKULSKI. To call her and poignant given we are both col- 2012, we will all be back on the floor of a trailblazer does not do justice to her leagues and dear friends of Senator MI- the Senate because Senator MIKULSKI long and storied career in Congress, KULSKI and also direct inheritors and will become the longest serving female representing the people of Maryland beneficiaries of Senator Margaret Member in the history of the Congress, and advancing women’s rights, civil Chase Smith’s groundbreaking service. House or Senate. She probably did not rights, and justice for all Americans. It is in that light that I am deeply This week, she becomes the Senate’s privileged today to stand at the very even have a chance to think about that longest serving woman Senator in U.S. desk she once graced, and having sat one. Moreover, like Senator Smith, Sen- history. across her desk when I first met her in ator BARBARA MIKULSKI has always First elected to the House of Rep- Washington years ago, to also pay trib- brought an unyielding tenacity, a cor- resentatives in 1976, and to the Senate ute to Senator Smith by wearing her nerstone of her fighting spirit and in 1986, Senator MIKULSKI has served pin given to me by a very good friend character, that has time and again the people of Maryland with honor and from Maine, Susan Longley, one of the distinction. In Congress, she has re- actual pins in which Senator Smith been reflected in her legislative fight mained committed to her roots in pub- would famously place the trademark on behalf of the people she represents. lic service, which began as a social rose she wore daily on the floor of the This will not be a news flash to my col- Senate. leagues or even those, our new col- worker in Baltimore, helping at-risk Indeed, there are numerous similar- leagues, who will soon discover that children and helping seniors. After 5 ities between Senator Margaret Chase taking no for an answer is simply not years on the Baltimore City Council, Smith and Senator MIKULSKI that tran- in Senator MIKULSKI’s vocabulary nor Marylanders in the State’s third con- scend longevity. They both live the her DNA. As she has often said, she is gressional district sent Senator MIKUL- ideals of hard work and earning their not ‘‘caffeine free.’’ And nowhere have SKI to Congress, where she has contin- own way in life. Senator MIKULSKI, the I witnessed that ardent focus and com- ued her hard work and tireless advo- proud descendent of Polish immi- mitment more intensely than in Sen- cacy for women and families. grants, worked in her parents’ grocery ator MIKULSKI’s signature battle for eq- Atop her list of priorities has been store during her formative years in uity in women’s health research, one giving voice to issues concerning wom- Baltimore, and years later, after she that Congresswoman Pat Schroeder en’s health. She worked to establish graduated from college, acquired a and I were waging from the House side the National Institutes of Health Office master’s degree and pursued the noble as well. of Women’s Health and to implement calling of social work. We all set aside our partisan labels at standards to ensure that all women Senator Smith was a textile worker, a time when, incredibly, women and have access to quality mammography. telephone operator, newspaper woman, minorities were systematically ex- She fought to expand access to mater- teacher, and an office manager. The cluded from clinical medical trials at nity care. Most recently, through Sen- point is, neither started at the top, but the National Institutes of Health, ator MIKULSKI’s leadership, the historic they most certainly arrived there. Sen- trials that often made the difference Affordable Care Act included strong ator Smith rose from the humblest be- between life and death. antidiscrimination provisions to ensure ginnings to represent Maine in the At a pivotal juncture, Senator MI- that being a woman is no longer a pre- House of Representatives and the Sen- KULSKI tackled this travesty head on existing condition. ate for more than 32 distinguished and launched a key panel of stake- In early 2009, Senator MIKULSKI fur- years with unequalled courage, civil- holders, as she can do, to explore the ther proved she is, in fact, a force to be ity, compassion, and integrity. She was shocking discriminatory treatment reckoned with, when her tireless ef- a visionary of endless firsts, but, un- which further galvanized national at- forts to advance the Lilly Ledbetter doubtedly, Senator Smith will best be tention, and, in the end, we produced Fair Pay Act resulted in that legisla- remembered for the moment during her watershed policy changes that to this tion being one of the first laws to be only second year in the Senate, with day are resulting in lifesaving medical signed by President Obama. Since the truly uncommon courage and prin- discoveries for America’s women. Supreme Court’s 2007 decision in cipled independence, she telegraphed Ultimately, what we are celebrating Ledbetter v. Goodyear Tire, Senator the truth about McCarthyism during today are two legislative juggernauts MIKULSKI worked relentlessly to re- the Red Scare of the 1950s with her re- who have defined the standard of prin- store congressional intent and reverse nowned ‘‘Declaration of Conscience’’ cipled public service by exemplifying a the Court’s decision to give employers speech on the Senate floor. In 15 min- special bond of trust that should exist blanket immunity for their discrimina- utes she had done what 94 of her col- between the governing and the gov- tory pay practices. The Ledbetter Fair leagues, male colleagues I might add, erned. They have seen problems con- Pay Act restored victims’ ability to had not dared to do, and in so doing fronting their constituencies and the file suit for pay discrimination, and slayed a giant of demagoguery prompt- Nation and left no stone unturned to was an important step forward in en- ing American financier Bernard Baruch solve them. They recognized injustice suring that all workers receive equal to say: Had a man made that speech, he and acted boldly to quell it. They have pay for equal work. would have become the next President given a voice to the voiceless, power to I have been honored to work with of the United States. the powerless, and they were always at Senator MIKULSKI in her capacity as

VerDate Mar 15 2010 01:23 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.013 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE January 5, 2011 CONGRESSIONAL RECORD — SENATE S9 chairwoman of the Senate Appropria- forge relationships and friendships that Senator MIKULSKI is an accomplished tions Subcommittee on Commerce, transcend party lines. These gatherings legislator and leader who knows how to Justice and Science, where she has have created a community of interests get the job done. championed important programs to among Senators of divergent back- She has long fought to protect the support state and local law enforce- grounds and political views. I think health and well-being of women and ment, crime victims, and critical sup- that is a very big contribution. their families. port programs for victims of domestic So I want to salute you, BARBARA. I Not only did she support the historic violence. I share her commitment to am proud to call you colleague and health care reform legislation that is investing in the men and women who friend. And I look forward to working making sure every American has ac- are charged with keeping our commu- with you for many more years to cess to quality, affordable insurance, nities safe, and providing important come.∑ but Senator MIKULSKI fought to make support to victims of violence. Mrs. BOXER. Mr. President, I rise the legislation stronger for women. I There is no question that Senator MI- today to pay tribute to my colleague was proud to stand with her to pass an KULSKI is a leader in the Senate. As the and friend, Senator BARBARA MIKULSKI. amendment that guarantees women dean of the Women of the Senate, she Earlier today, when Senator MIKUL- will have access to the preventive care serves as a mentor to other women SKI took the oath in this Chamber to they need such as screenings for breast, Senators who join the Chamber. She is serve, protect, and defend the U.S. Con- ovarian and cervical cancer. a dedicated public servant, a strong stitution, she became the longest serv- Senator MIKULSKI championed the voice for women, a consensus builder. ing woman in the history of the Sen- Mammography Quality Standards Act, She has said she is ‘‘first and foremost ate. which requires mammography facili- Senator MIKULSKI is no stranger to the Senator from Maryland and the ties across the Nation to meet uniform making history, and today she has Senator for Maryland.’’ For more than quality standards. This law has saved made history once again. three decades, many of us have been lives by improving preventive care that When Senator MIKULSKI was first can lead to early diagnosis and treat- proud to call her a friend. sworn in as a Senator in 1987, she was ment of breast cancer. I join with many others in congratu- the first Democratic woman Senator When we saw how little health lating Senator MIKULSKI on this his- elected in her own right. And, along science and research addressed wom- toric achievement. with Senator Kassebaum, she was one en’s health, Senator MIKULSKI and I (At the request of Mr. REID, the fol- of only two women in the Senate at the helped lead the fight for health equity. lowing statement was ordered to be time. printed in the RECORD.) Today, 17 women were sworn in on We helped create the National Insti- ∑ Mrs. FEINSTEIN. Mr. President, I the Senate floor and I know many of us tutes of Health Office of Women’s rise to congratulate my friend and col- might not be here today without Sen- Health to study women’s needs and league, BARBARA MIKULSKI, who is now ator MIKULSKI’s support and encourage- health issues. the longest-serving woman in the his- ment. She truly is the dean of the Senator MIKULSKI believes everyone tory of the U.S. Senate. women in the Senate. should be fairly paid for a hard day’s BARBARA has been a forceful advocate Senator MIKULSKI and I became very work. We stood together as vocal advo- for the people of her beloved Maryland close friends when I joined the House of cates for the Lilly Ledbetter Fair Pay and a role model for women every- Representatives in 1983. She was al- Act—a historic bill by Senator Ken- where—beginning with her election to ways someone I respected because she nedy that is now the law of the land. the Baltimore City Council in 1971, to was always focused on making life bet- And, as a member of the Appropria- her election to the House of Represent- ter for the middle- and working-class tions Committee, Senator MIKULSKI atives in 1976, to her election to the people she serves. has fought for critical funding to clean Senate in 1986. When I first thought about running up and protect Maryland’s treasured BARBARA is a pace-setter in the fight for the Senate, Senator MIKULSKI was Chesapeake Bay. for equality for women. When I first the first person I went to see, and she Senator MIKULSKI’s tenacity is unde- ran for the Senate in 1992, BARBARA gave such sage advice. She said ‘‘You’ll niable. Several years ago, she was reached out to me to offer her support, love it here in the Senate because you mugged one evening outside her home for which I am grateful, and she wel- have an ability to help the people you in Baltimore. A man pushed her to the comed me when I joined the Senate. serve.’’ Senator MIKULSKI told me it ground and grabbed her purse. BARBARA is indomitable, not only in would be the toughest thing and the Even though she is only 4 feet 11 the fight for equality for women but in best thing I would ever do. inches, Senator MIKULSKI fought back the broader fight for human rights for I give Senator MIKULSKI such credit. and defended herself. all mankind. I am proud to have That is the role she has played with so Yes, Senator MIKULSKI stands up for worked alongside BARBARA in opposing many women Senators from both sides herself and stands up for the people of tyranny in Burma, in pushing to re- of the aisle. She regularly brings the Maryland. She has fought hard for strict cluster munitions that pose a women of the Senate—together Repub- change and equal rights. As she likes grave threat to innocent people around licans and Democrats—for a friendly to say, there are times when you need the world, and in pushing to free Bur- dinner. to ‘‘(s)quare your shoulders, suit up, mese democratic leader Aung San Suu One of Senator MIKULSKI’s wonderful put on your lipstick and get ready for Kyi. gifts is her humor. When she and I battle.’’ And I am proud to work with her on served together in the House, women Senator MIKULSKI has always been the Senate Select Committee on Intel- were unable to use the main facilities out in front. She has used her role as ligence, which I chair, where I know I of the House gym. Along with Geral- the senior woman in the Senate to can count on BARBARA to do the hard dine Ferraro, OLYMPIA SNOWE, Barbara focus on issues that matter to her con- work required to oversee America’s in- Kennelly and others, we worked to- stituents. Her power lies in her ability telligence agencies and keep America gether to ‘‘integrate’’ the House gym. to organize people. That is one reason safe. At the House gym, a friend would she is so beloved by her colleagues—we Any discussion of BARBARA would be lead us in exercises. One time, she said love it when she brings us together on incomplete without acknowledgment to us: ‘‘OK everyone, hands on your issues. of her effort to improve bipartisanship hips.’’ Senator MIKULSKI retorted, ‘‘If I I stand today to honor my good in the Senate—something sorely need- had hips, I wouldn’t be here.’’ friend, a trailblazer and a mentor, Sen- ed right now—an effort aided by her That is so typical of her style—warm, ator MIKULSKI. monthly bipartisan dinners for women funny and to the point. It brought us Mr. WARNER. Mr. President, it is a Senators. all together. great honor to join in recognizing and These dinners bring us together and And it is one reason why this daugh- celebrating my colleague, the senior make the Senate a more hospitable ter of east Baltimore has been such an Senator from Maryland. Senator BAR- place for women. But they are more inspiration to millions of women across BARA MIKULSKI became the longest than that. These dinners are a way to our country. serving woman Senator in our Nation’s

VerDate Mar 15 2010 01:23 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.014 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S10 CONGRESSIONAL RECORD — SENATE January 5, 2011 history today when she completed the Ms. COLLINS. Mr. President, it is a to congratulate the Great Lady from oath to begin her fifth term in the Sen- great pleasure to offer my heartfelt Maryland for her many years of serv- ate. Indeed, this is not the first time congratulations to Senator BARBARA ice, and to wish her many more. Senator MIKULSKI’s name will be MIKULSKI on becoming the longest- Mr. SHELBY. Mr. President, I rise to etched in history for her ground- serving woman in Senate history. honor a distinguished colleague, Sen- breaking service: she was the first While this is a milestone to celebrate, ator BARBARA MIKULSKI, who is cele- woman elected to statewide office in the true cause for celebration is not brating a major milestone—today be- Maryland and the first female Demo- just Senator MIKULSKI’s decades of coming the longest serving female in crat to serve in both Chambers of Con- service to this chamber, but her life- Senate history. gress. time of service to her beloved Balti- Elected to the House in 1976 and the During her 24 years in the Senate, more, her state of Maryland, and our Senate in 1986, Senator MIKULSKI is the she has won the admiration of her col- Nation. first woman to win statewide office in leagues for her resolve, hard work and This occasion has a special meaning Maryland, the first female Democrat to dedication to her constituents. It is an for Sen. SNOWE and me. As she begins serve in both the House and the Sen- honor to call Senator MIKULSKI a her 25th year in the Senate, Senator ate, and the first female Democrat friend. As representatives of neigh- MIKULSKI now surpasses my personal elected to the Senate in her own right. boring States, we have often had the role model in public service, Senator As one of the most effective Sen- opportunity to work together on issues Margaret Chase Smith. Just as the ators, Senator MIKULSKI used her expe- of regional importance. I can never Great Lady from Maine inspired Sen. rience as a social worker and activist thank her enough for her commitment SNOWE and me as well as countless to ardently work on behalf of her con- to NASA-Wallops, one of many exam- other young women of my generation stituents giving them a strong voice in ples in this regard. to serve, Senator MIKULSKI inspires the the U.S. Senate. A leader in the Senate Today marks a special milestone in young women of today. she has successfully fought for a vari- the Senate’s history. I join my col- As a new Senator in 1997, I was one of ety of issues ranging from women’s leagues in commending Senator MIKUL- those tutored by Senator MIKULSKI. rights to protecting our law enforce- SKI, not only for her enormous service She taught me the ropes of the appro- ment. to this body and to our country but as priations process and instituted reg- Throughout our 8 years of serving to- someone who has been a tireless advo- ular bipartisan dinners for the women gether in the House and 24 years in the cate for her home State of Maryland. of the Senate. Senate, Senator MIKULSKI and I have Mr. LEVIN. Mr. President, I want to It has been a privilege to work with worked on many issues together. We add my voice to the many others heap- Senator MIKULSKI for 14 years. During have a strong bipartisan relationship ing deserved praise onto Senator BAR- that time, I have come to know her as that is reflected in the numerous ac- BARA MIKULSKI, who sets a record a fighter, a trailblazer, and as a dear complishments we have achieved work- today as the longest serving woman in friend. She is committed to the people ing together as the chair and ranking the history of the U.S. Senate. of her state and of America. member on the CJS appropriations sub- Tough but compassionate, an effec- Senator MIKULSKI is, above all, a committee. I have always appreciated tive advocate for Maryland and for the hard worker. Growing up in East Balti- Senator MIKULSKI’s candor, sense of national interest, Senator MIKULSKI more, she learned the value of hard has achieved more than just longevity. humor, and willingness to cross party work at her family’s grocery store. Her She has been an energetic and effective lines to work in the best interest of our commitment to making a difference in advocate for the interests of children, a Nation. her neighborhood led her to become a Mr. President, I congratulate Sen- staunch ally of seniors, a defender of services for our veterans, and a sup- social worker, helping at-risk children ator MIKULSKI on reaching this historic porter of efforts to involve all Ameri- and the elderly. milestone today. I am honored to call Her activism and understanding of cans in solving our Nation’s problems Senator BARBARA MIKULSKI my col- community needs led to her first suc- through service and voluntarism. Her league but prouder to call her my support of education and scientific re- cessful run for public office, the Balti- friend. search promises benefits that will last more City Council in 1971. Five years Mrs. GILLIBRAND. Mr. President, I long after we all have departed the later, she came to Washington as a rise today to join my colleagues in Senate. member of Congress, representing honoring the Senator from Maryland, I have been a proud partner with her Maryland’s 3rd District. BARBARA MIKULSKI—the longest serv- on making commonsense changes to After 10 years of service in the House, ing woman in the history of the U.S. our Nation’s immigration system. She she was elected to the Senate in 1986. Senate. also has been a strong advocate for In so doing, she became the first Demo- It has been an honor to serve with Federal programs that promote manu- cratic Senator elected in her own right. Senator MIKULSKI in my 2 years in this facturing, such as the Commerce De- The people of Maryland wisely re- body. She quickly became a dear friend partment’s Manufacturing Extension turned her to office in 1992, 1998, 2004, and a valuable mentor—just as she has Program and the Technology Innova- and again in 2010. been for all of her other female col- tion Program. Senator MIKULSKI’s longevity is only leagues as the dean of the women Sen- Senator MIKULSKI is rightly seen as a the preface to her story of exceptional ators. mentor and leader of women who come accomplishment. She has fought for in- It wasn’t until 1932 that Hattie Cara- to the Senate. The successes of the creased access to higher education and way became the first woman ever many female Senators who have been for improved health care for our sen- elected to the U.S. Senate. And it the beneficiaries of her guidance stand iors. I am proud to have fought at her wasn’t until a half century later— as a testament to the power of her ex- side on those issues, as well as for in- 1986—that against all odds, BARBARA ample. creased Alzheimer’s research, improved MIKULSKI became the first Democratic Senator MIKULSKI has admirably women’s health care, and enhanced woman ever elected to the Senate in brought the lessons of her early career educational opportunities for nurses. her own right. as a social worker to her work in the Working with her on the Appropria- Now the longest serving woman in Senate, understanding that real fami- tions Committee, I have witnessed this Chamber’s entire history, Senator lies with real problems are looking to firsthand how seriously she takes her MIKULSKI is showing just what is pos- us for solutions. responsibility to the American tax- sible when you ignore conventional The people of Maryland and of this payers. wisdom, never stop fighting for what is Nation are fortunate to have the ben- Throughout her life in public service, right and just, and honor our commit- efit of her service. I am proud to call Senator MIKULSKI has lived by one ment to the families that elect us her a colleague and a friend. I con- guiding principle: her obligation is to every single day. gratulate her on her accomplishment help our people meet the needs of today One of her hallmark battles has been and I await the many more achieve- as she helps our Nation prepare for the the fight for equal pay for equal work ments I know are to come. challenges of tomorrow. It is an honor for women. This is not only an issue of

VerDate Mar 15 2010 03:55 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.017 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE January 5, 2011 CONGRESSIONAL RECORD — SENATE S11 justice, but an economic imperative. severant woman and these attributes crease funding for medical research, in- Even today, for every dollar a man have led to this wonderful moment in cluding Alzheimer’s disease. I was makes, a woman makes just 78 cents— her continued service. proud to stand with Senator MIKULSKI a disparity that is even worse for Starting out as a social worker in last year to pass historic health care women of color. Latino women make Baltimore, and later becoming a mem- reform. Her commitment to opening just 53 cents, and African-American ber of the Baltimore city council, Sen- doors for all members of our society is women make just 62 cents for every ator MIKULSKI went on to become a to be commended. dollar a man makes. I know Senator U.S. Representative for the Third Con- Even though she stands at 4′11″ and I MIKULSKI won’t give up until we cor- gressional District of Maryland for 10 at 6′7″, we have stood eye-to-eye in sup- rect this outrageous injustice. years. In 1986, she was elected to the porting our veterans. And, we had She also fought to strengthen our U.S. Senate where she has served ever many opportunities for collaboration laws against domestic violence, and since. as she was working on the Appropria- open up access to health screenings and BARBARA MIKULSKI has continuously tions Committee and I chaired the Vet- treatment that can save lives. And, she broken barriers for women and made erans’ Affairs Committee. It is easy to led the fight against insurance compa- history in her over 40 years as an elect- work with someone like Senator MI- nies that made being a woman a pre-ex- ed official. And yet, in this 112th Con- KULSKI who is so committed to her val- isting condition. gress, even as we mark this historic ues and the people she represents. Senator MIKULSKI has always fought moment for women in the Senate, Sen- The first female senator, Rebecca to protect women’s health and a wom- ator MIKULSKI carries on her career in Latimer Felton of Georgia, only held an’s right to choose. Last year, I was such a way that sets aside the pomp office for 1 day in 1922, having been ap- proud to stand with her to defeat the and circumstance of making history pointed by Governor Thomas Hardwick dangerous Stupak amendment that and instead remains focused on the upon the death of Senator Thomas would have denied lifesaving reproduc- most basic, pure and selfless form of Watson. During her first and last Sen- tive care for the women of this coun- public service. ate address, she said ‘‘When the women try—a victory we would not have won In closing, although Senator MIKUL- of the country come in and sit with without Senator MIKULSKI. SKI’s tenure in the Senate as a woman you, though there may be but a very In the words of Eleanor Roosevelt, is an important milestone, I believe few in the next few years, I pledge that ‘‘the battle for the individual rights of that it will ultimately be the Senator’s you will get ability, you will get integ- women is one of long standing, and leadership fighting for women, chil- rity of purpose, you will get exalted pa- none of us should countenance any- dren, seniors and veterans which will triotism, and you will get unstinted thing which undermines it.’’ be her lasting legacy in Congress. I usefulness.’’ Rebecca Felton’s words It is that spirit—never backing down have had the fortunate opportunity to forecast Senator MIKULSKI. There is no in the face of injustice—Senator MI- work with Senator MIKULSKI on some question that she has brought all of KULSKI is one of the strongest voices we of this historic legislation for women these skills and attributes, and much have for women in this country and and families, including the Lily more, to the U.S. Senate over these women around the world. Ledbetter Fair Pay Restoration Act to last 24 years. And every single day she’s paving the protect against pay discrimination, In some ways it is hard to believe way for more women in leading roles in and the TRICARE Dependent Coverage Senator MIKULSKI is now the Senate’s America. There still may only be 17 Extension Act which expanded health longest serving female Senator. She women serving in the Senate today, insurance for military families. does a great job, and I understand she but with her leadership and her strong I want to congratulate Senator MI- takes on the additional role of mentor voice, Senator MIKULSKI is showing the KULSKI on her pioneering career in civil to many new female Senators. I am young women and young girls of this service and on making history in the thankful for that contribution which country that women’s voices matter U.S. Senate today; I am humbled to be surely strengthens our entire Senate. and are needed in the public debate. working on historic legislation along- The people of Maryland made a wise Whether it is here on Capitol Hill or side my colleague from Maryland. choice in reelecting this remarkable in State capitols around the country or Mr. ROCKEFELLER. Mr. President, I Senator. I look forward to celebrating heading small business or the board- want to join my colleagues in con- her next milestone in just over 2 years rooms of major companies, Senator MI- gratulating Senator BARBARA A. MI- when she will become the longest serv- KULSKI is helping to inspire the next KULSKI as she becomes the longest serv- ing female Member in the history of generation of women leaders by show- ing female Senator in American his- Congress. ing that our voices solve problems and tory. Mrs. MURRAY. Mr. President, I rise lead to change. Senator MIKULSKI and I began our to recognize and congratulate my good Each of us owe her a debt of grati- Senate careers in the 1980s, and it has friend from Maryland, Senator BAR- tude for her vision and pioneering spir- been my privilege to serve with her. We BARA MIKULSKI, on today becoming the it. have worked together on many, many longest serving female Senator in the Thank you, Senator MIKULSKI, and issues, including 975 bills. Two hundred history of the Senate. This is an congratulations on your historic eighty-five of those bills passed the achievement that takes courage and achievement. It is an honor to work Senate and 184 were signed into law, in- passion and commitment, three things with you, and I hope to serve with you cluding the Lilly Ledbetter Fair Pay all of us who know her so well know for many years to come. Act of 2009 in the last Congress. I am she has in abundance. Mrs. MCCASKILL. Mr. President, I proud of our combined accomplish- Even more important than honoring rise today to recognize Senator BAR- ments and to call her my colleague and my friend on the length of her service BARA MIKULSKI for her trailblazing ca- friend. today, I believe it is important to rec- reer in the U.S. Senate. As we begin It is a great honor to serve with Sen- ognize what she has done with that the 112th Congress today, Senator MI- ator MIKULSKI. Senator MIKULSKI and I service. The senior Senator from Mary- KULSKI will begin her fifth consecutive have more in common than some know. land, over her 24 years, has established Senate term making her the longest My life-changing experience with the herself as a trailblazer, a legislator, a serving female Senator in American VISTA program in the 1960s fueled my leader, and, above all, a fighter for her history. She joins legendary Maine commitment to public service in much people and her State. But to me and to Senator Margaret Chase Smith in the the same way Senator MIKULSKI’s expe- all the other women Senators who have history books today. This accomplish- rience as a social worker in Baltimore followed in her footsteps, she is simply ment is a testament to her dedication fueled hers. Our early experiences re- a mentor. She is the Senator who has to the State and the people of Mary- main the foundation of our shared com- offered us guidance, taught us to be land, and a commitment to serve which mitment to quality health care for all fearless, and who has set a standard for I aim to emulate with my constituents people. Senator MIKULSKI and I have all women Senators to follow. in Missouri. She is, quite simply, a re- worked tirelessly together to expand From the first time I ever spoke to markable, dedicated, focused and per- access to cancer screenings and in- Senator MIKULSKI, one thing was clear.

VerDate Mar 15 2010 03:55 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.047 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S12 CONGRESSIONAL RECORD — SENATE January 5, 2011 She didn’t run for the Senate to be one Since Senator MIKULSKI was elected That was just the beginning of her on- woman Senator. She ran to be one of in 1986, she has helped guide the way going mentorship. Although the Senate many. I first came to the Senate in for 22 more women Senators. Today can often be bogged down by partisan- 1992, the so-called year of the woman. I there are 17. But she will also be the ship, I appreciate that Senator MIKUL- can remember a lot of the press that first one to tell us we are not yet where SKI encourages and creates an environ- year being about how our incoming we need to be, that more women need ment of teamwork, respect, and friend- class of four women Senators would to serve in this body. That is why she ship. But while we today mark her open the door to changes in the culture has built a team of women Senators be- place in history as a woman Senator, of the Senate. But when I got here, I hind her that continues to grow—every she is widely regarded as one of the quickly realized that door had not only generation, every election, every year. most respected, accomplished, and ef- already been opened, it had been bro- Today, Senator MIKULSKI makes his- fective public servants in all of Con- ken down by Senator MIKULSKI. She tory by serving longer than any other gress. To use Senator MIKULSKI’s own was the first female Democrat to serve woman. But I know many years from words, she showed it is not about gen- on the Senate Appropriations Com- now women will have achieved a larger, der, it is about agenda. mittee, and she was also the very first more representative role in this body She is one of the Senate’s strongest one to take all the new women Sen- than we now have, Senator MIKULSKI advocates for science and technology ators under her wing. Senator MIKUL- will be at the very top of the list of and the importance of investing in in- SKI realized back then there was no people to thank, the person who not novation to spur our economy. In fact, rule book for women in the Senate. So only cut the path but who went back earlier this year, I was watching a 3D she took it upon herself to help guide and guided so many of us down it. movie about the Hubble telescope at the way. She drew on her own experi- Thanks to her, one day the remarkable the Smithsonian with my daughter, a ences to make the transition for all of accomplishment we are celebrating scientist, and there was Senator MI- us easier. She organized seminars, today may no longer be such a remark- KULSKI featured in the movie for her taught us about working together, able thing for a woman to achieve; it role in preserving the telescope’s budg- taught us about the legislative process will be commonplace. That will be her et, a feat she calls one of her proudest and the rules on the floor and the true and lasting legacy. accomplishments. many more subtle rules off the floor. In Mrs. HAGAN. Mr. President, I am She also wrote the Spousal Anti-Im- short, she showed us the ropes, and she honored to join my colleagues in hon- poverishment Act, which protects sen- has been doing it ever since. oring my mentor and dear friend, Sen- iors across our country from going But her work doesn’t end with help- ator BARBARA MIKULSKI, on becoming bankrupt while paying for a spouse’s ing women Senators get their foot in the longest serving woman in the his- nursing home care. the door. I don’t know if it is because tory of the Senate. For more than 24 She shepherded through the Lilly she was a social worker before she trailblazing years, Senator MIKULSKI Ledbetter Act, which helps to ensure came to Washington, but one thing has been one of the Senate’s fiercest that no matter your gender, your race, Senator MIKULSKI knows is that rela- advocates for women, families, and for your national origin, religion, age, or tionships matter. That is why she has the people of Maryland who have now disability, you will receive equal pay worked to make sure that once women elected her to the Senate for five con- for equal work. Senators get here, we are working to- secutive terms. Before she arrived in She fought tenaciously for her impor- gether on both sides of the aisle. It is Washington in 1977 as the Representa- tant amendment to health care reform why she brings Republican and Demo- tive from the Third District of Mary- legislation ensuring that a comprehen- cratic women together for dinners, so land, Senator MIKULSKI already had a sive list of women’s preventive serv- we can find common ground and help distinguished career in public service, ices, such as screenings for breast and solve problems. While Senator MIKUL- working in Baltimore as a social work- cervical cancer, would be covered with SKI knows it is important and coura- er, then a community activist, and as a no added out-of-pocket expenses. geous to be the first, she also under- city council member. When she was I thank Senator MIKULSKI for her stands the first ones have to be respon- first sworn in as a Member of the mentorship, her leadership, and her sible and successful so others can and House of Representatives, she was one fierce belief in the empowerment of will follow. It is because she has done of just 18 female Members. When she women in our communities and in pub- her job so well that other women have entered the Senate 10 years later as the lic office. I congratulate her on this been able to follow in her footsteps, first Democratic woman Senator elect- tremendous accomplishment, and I join and she has done her job well. ed in her own right, she was one of just my colleagues in looking forward to Senator MIKULSKI is here today as two women in this upper Chamber. But many more years of her distinguished the longest serving woman Senator not while those numbers have intimidated service. by accident or by happenstance. She is most, they only motivated and Mr. SCHUMER. Mr. President, I want here because she earned it, because the emboldened Senator MIKULSKI. She to say a few words about my dear people of her State know she is an in- soon impressed her colleagues, as she friend, dear colleague, someone I so ad- dispensable champion for their causes, continues to do today, with her work mire—Senator BARBARA MIKULSKI—on because she works across party lines, ethic, determination, keen under- her remarkable accomplishments. because she delivers results and be- standing of issues, humor, and her Today, she took the oath of office, the cause, as she has said to us so many commitment to her constituents. Senator from Maryland, and made his- times, she is always ready to square She has broken many barriers in her tory as few others can make. Senator her shoulders, put on her lipstick, and career. She was the first woman ever MIKULSKI has long been affectionately suit up for the people who need it most. elected statewide in Maryland, the first known here in the Senate as the dean Whether it is leading the fight for the to chair an appropriations sub- of the women. Now she is officially the very first bill President Obama signed committee, and the first woman to longest serving female Senator in the into law that guarantees women can- serve in the Democratic leadership. If history of this great Nation. not be paid less than men for doing the we are no longer surprised today when This distinction adds to the consider- same job or fighting for seniors who we see women in power in Washington, able respect and admiration I already rely on Social Security or delivering it is only because we had pioneers such have for Senator MIKULSKI and who she investments for firefighters, police offi- as BARBARA MIKULSKI. As she recently is and what she does. BARB, like me, cers, and first responders or standing told CNN: ‘‘I might be the first, but I came from a decidedly middle-class be- up for all those in Maryland who de- don’t want to be the last.’’ ginning. We often talk about her dad, pend on her State’s environmental re- There are now 17 women serving in Willie, who owned a grocery store in sources for their livelihood, there are the Senate, and Senator MIKULSKI, the east Baltimore, and my grandfather few others I want in my corner like her dean of the women, is our leader and and dad—Jake and Abe—who were ex- and there are few others who work as our champion. I was both humbled and terminators. They were similar be- hard as she does to give a voice to honored to have her escort me when I cause they were people of the commu- those who would not otherwise have it. was sworn in as a Senator 2 years ago. nity. BARB would tell me that people

VerDate Mar 15 2010 01:23 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.065 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE January 5, 2011 CONGRESSIONAL RECORD — SENATE S13 would come in during difficult times— Chase Smith in the history books. As alone because of the wonderful way the they had lost their job—and Willie Senator SNOWE has said, and also Sen- men have treated me. The history of would say, pay me when you can. It ator COLLINS on a number of occasions, the women in the Senate is short—I wasn’t quite the same with my family, Margaret Chase Smith and I share might add, 4-foot-11 short. But every- but my grandfather and then father, many things in common. Today they thing we have done we have been able like him, felt people who had roaches wear the rose, but those two out- to work on together. or rats crawling through their little standing Senators from Maine also I fought for seniors to try to pass, houses and apartments, when they wear the values of Maine and the val- and passed, the Spousal Impoverish- couldn’t pay, shouldn’t have that serv- ues of Margaret Chase Smith: a strong ment Act to make sure the very cruel ice cut off for them. belief in constituent service, staying rules of our government did not force So we were both infused with that close to the people, focusing on jobs for people into bankruptcy when they had great upwardly mobile, middle-class, the State, being a strong supporter of to turn to a nursing home. I worked to help your neighbor, be part of a neigh- innovation, and a fearless, unrelenting pass the Lilly Ledbetter bill to give borhood, be part of a community feel- streak of independence. I hope I am equal pay for equal work; our wonder- ing. BARB started her career as a social like her. I know they bear that same ful work on women’s health, where we worker and made a name for herself set of characteristics. broke barriers in terms of research. We when she led the fight to stop a high- For me, it is not how long I serve but know we have saved lives because of way project from destroying a historic how well I serve. Service for me is what we have done in research in our section of her community. That is about being connected, connected to preventive health amendment, and for what launched her into politics. Like my constituents, staying close to them young people in national service. our best politicians, she came from the so they do not fall between the cracks, I have also fought for Maryland— community. She didn’t decide to be a meeting their day-to-day needs and whether it is cleaning up the bay or politician, she came from the commu- also looking at the long-range needs of fighting for jobs in the Port of Balti- nity, took on a fight, and saw how she the Nation. more, whether it is looking out for the could make government a friend to the Nobody comes here by themselves. Goddard Space Agency or doubling the people. So she went from the Baltimore Later on today I will thank my friends funding at the National Institutes of City Council to the House of Rep- and supporters. But I want to thank Health. For me, again, it is all about resentatives, and then, of course, to the wonderful people who shaped me, service. I am fighting for a stronger this august Chamber. the wonderful nuns who taught me, the economy and a safer America. For me Throughout that time, she has never school Sisters of Notre Dame and the it is not about the past, it is about the lost sight of from where she came. She Sisters of Mercy who taught me about future. Though I break one record has fought tirelessly and effectively to leadership, who taught me about serv- today, I want to work with all of you protect Maryland’s seniors, ensuring ice, who taught me about my faith in on both sides of the aisle to break they have access to an affordable, Matthew 5, the Beatitude that said other records. healthy, and happy environment. She hunger and thirst after justice. Let’s break that high record of unem- has been a leading advocate of medical But today as I stand here, I also ployment in our country. Let’s break research, securing billions in funding think about my mother and father. I that record of low graduation rates in am filled with great emotion. I wish for cutting-edge research into things as our high schools. Let’s break the my mother and father were here today. diverse as breast cancer and Alz- record of the longest war in American They worked so hard for my sisters and heimer’s. She has helped countless history and bring our troops home as I to have an education. But though women and veterans get the health safely as we can. I want to build a they are not here with me today in the care they need, and the list goes on and strong economy. on. Senate gallery, I know they are in my I am going to work to build a strong Let me say one other thing. As some- heart. I want them to know they are economy, an innovation economy so we with me when I fight for what we be- body who believes that we have to are able to move ahead. Today when I lieved in. focus on the middle class, talk to the took my oath, I pledged that I want to My father ran a small grocery store. middle class, and have middle-class help America be great again with a re- feelings and values infused in our Everybody loved my father and moth- newed self-confidence and achieve- bones, no other Senator does that as er. They were known for honesty and ment. I want us to be a global leader in well as Senator MIKULSKI because it is integrity. When my father opened the this innovation economy. I want to who she is and because—being the es- grocery store every morning, he would help America be excellent again so we sentially humble and modest person say: Good morning. Can I help you? not only win Nobel Prizes—and I want she is—she has never lost sight of And that is the kind of values I bring us to win lots of them—but win inter- where she has come from. to the Senate. national markets and win lots of them. So Senator BARB—as her constitu- Our family came from Poland. When ents know her—you are beloved here as my great-grandmother arrived in this I want to promote a sense of commu- much as you are beloved in your home country she had little money in her nity where we look out for each other State of Maryland. Your sense of pocket, but she had a big dream in her and for our community and where the humor, your tenacity, your work ethic, heart. That dream was the American people of the United States know they your love of community, and your dream where through hard work, hard have a government on their side. mother’s crab cake recipe are work and dedication, you could make I will close with a quote from George unrivaled. something of yourself. You could own a Bernard Shaw. It is an honor to serve alongside such home, you could have a job, you could I am convinced that my life belongs to the an accomplished woman. Senator MI- get an education for your family. She whole community; and as long as I live, it is my privilege to do for it whatever I can, for KULSKI, congratulations again. You are did not even have the right to vote, and the harder I work, the more I live. a great Senator and a great friend. in this great country of ours, in three I rejoice in life for its own sake. Life is no The VICE PRESIDENT. The Senator generations, I joined the Senate. She brief candle to me. It is a sort of splendid from Maryland. knew about hard work in terms of eco- torch which I got hold of for a moment, and Ms. MIKULSKI. Mr. President, I nomic opportunity. She did not think I want to make it burn as brightly as pos- thank my colleagues for their very too much about the Constitution, but I sible before turning it over to future genera- warm words. Today, when I walked do—particularly that first amendment. tions. down the aisle, escorted by my es- I got into politics fighting a highway. Someday in the future, someone else teemed partner, BEN CARDIN, my In other countries they put dissidents will break this record. Let’s work to- former and beloved colleague, Senator in jail. In the United States of Amer- gether to break those other records. Paul Sarbanes—when I walked down ica, because of the first amendment, Thanks for everything. God bless that aisle, I walked into the history they put you in the United States Sen- America. books. ate. God bless America. (Applause, Senators rising.) I never set out to do that and, for me, When I came to the Senate, though I The VICE PRESIDENT. The majority it is a great honor to join Margaret was all by myself, I said I was never leader.

VerDate Mar 15 2010 01:23 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.067 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S14 CONGRESSIONAL RECORD — SENATE January 5, 2011 ELECTING GARY B. MYRICK AS The resolution (S. Res. 7) reads as Mr. President, I ask unanimous con- THE SECRETARY FOR THE MA- follows: sent that the Committee on Appropria- JORITY S. RES. 7 tions be authorized during the 112th Mr. REID. Mr. President, I have a That the appointment of Patricia Mack Congress to file reports during adjourn- resolution at the desk, and I ask that Bryan of Virginia to be Deputy Senate Legal ments or recesses of the Senate on ap- it now be considered. Counsel, made by the President pro tempore propriations bills, including joint reso- The VICE PRESIDENT. The clerk this day, shall become effective as of Janu- lutions, together with any accom- ary 3, 2011, and the term of service of the ap- panying notices of motions to suspend will report the resolution by title. pointee shall expire at the end of the One The legislative clerk read as follows: Hundred Thirteenth Congress. rule XVI, pursuant to rule V, for the purpose of offering certain amend- A resolution (S. Res. 5) electing Gary B. Mr. REID. Mr. President, I move to Myrick, of Virginia, as Secretary of the Ma- ments to such bills or joint resolutions, reconsider the vote. jority of the Senate. which proposed amendments shall be Mr. MCCONNELL. I move to lay that The VICE PRESIDENT. Without ob- motion on the table. printed. jection, the resolution is agreed to. The motion to lay on the table was Mr. President, I ask unanimous con- The resolution (S. Res. 5) reads as agreed to. sent that, for the duration of the 112th follows: Congress, the Secretary of the Senate f S. RES. 5 be authorized to make technical and Resolved, That Gary B. Myrick of Virginia UNANIMOUS-CONSENT clerical corrections in the be, and he is hereby, elected Secretary for AGREEMENTS engrossments of all Senate-passed bills the Majority of the Senate. Mr. REID. Mr. President, I send to and joint resolutions, Senate amend- Mr. REID. Mr. President, I move to the desk en bloc 12 unanimous-consent ments to House bills and resolutions, reconsider the vote by which the reso- requests, and I ask for their consider- Senate amendments to House amend- lution was agreed to. ation en bloc, that the requests be ments to Senate bills and resolutions, Mr. MCCONNELL. I move to lay that agreed to en bloc, that the motions to and Senate amendments to House motion on the table. reconsider the adoption of these re- amendments to Senate amendments to The motion to lay on the table was quests be laid upon the table, and that House bills or resolutions. agreed to. they appear separately in the RECORD. Mr. President, I ask unanimous con- f Before the Chair rules, I would like sent that for the duration of the 112th Congress, when the Senate is in recess APPOINTMENT OF SENATE LEGAL to point out that these requests are or adjournment, the Secretary of the COUNSEL routine and are done at the beginning of each new Congress. They entail Senate is authorized to receive mes- The VICE PRESIDENT. The Chair, issues such as authority for the Ethics sages from the President of the United on behalf of the President pro tempore, Committee to meet and other such States, and—with the exception of pursuant to Public Law 95–521, appoints matters. House bills, joint resolutions and con- Morgan J. Frankel as Senate legal Mr. President, I ask unanimous con- current resolutions—messages from the counsel for a term of service to expire sent that for the duration of the 112th House of Representatives, that they be at the end of the 113th Congress. Congress, the Ethics Committee be au- appropriately referred and that the The clerk will report the resolution thorized to meet during the session of President of the Senate, the President by title. the Senate. pro tempore, and the Acting President The legislative clerk read as follows: Mr. President, I ask unanimous con- pro tempore be authorized to sign duly A resolution (S. Res. 6) to make effective sent that for the duration of the 112th enrolled bills and joint resolutions. appointment of Senate Legal Counsel. Congress, there be a limitation of 15 Mr. President, I ask unanimous con- The VICE PRESIDENT. Without ob- minutes each upon any rollcall vote, sent that for the duration of the 112th jection, the resolution is considered with the warning signal to be sounded Congress, Senators be allowed to leave and agreed to. at the midway point, beginning at the at the desk with the journal clerk the The resolution (S. Res. 6) reads as last 71⁄2 minutes, and when rollcall names of two staff members who will follows: votes are of 10 minute duration, the be granted the privilege of the floor S. RES. 6 warning signal be sounded at the begin- during the consideration of the specific That the appointment of Morgan J. ning of the last 71⁄2 minutes. matter noted, and that the Sergeant- Frankel of the District of Columbia to be Mr. President, I ask unanimous con- at-Arms be instructed to rotate staff Senate Legal Counsel, made by the President sent that during the 112th Congress, it members as space allows. pro tempore this day, shall become effective be in order for the Secretary of the as of January 7, 2011, and the term of service Mr. President, I ask unanimous con- of the appointee shall expire at the end of Senate to receive reports at the desk sent that for the duration of the 112th the One Hundred Thirteenth Congress. when presented by a Senator at any Congress, it be in order to refer trea- f time during the day of the session of ties and nominations on the day when the Senate. they are received from the President, APPOINTMENT OF DEPUTY Mr. President, I ask unanimous con- even when the Senate has no executive SENATE LEGAL COUNSEL sent that the majority and minority session that day. The VICE PRESIDENT. The Chair, leaders may daily have up to 10 min- Mr. President, I ask unanimous con- on behalf of the President pro tempore, utes each on each calendar day fol- sent that for the duration of the 112th pursuant to Public Law 95–521, appoints lowing the prayer and disposition of Congress, Senators may be allowed to Patricia Mack Bryan as deputy Senate the reading of, or the approval of, the bring to the desk bills, joint resolu- legal counsel for a term of service to Journal. tions, concurrent resolutions and sim- expire at the end of the 113th Congress. Mr. President, I ask unanimous con- ple resolutions, for referral to appro- Mr. REID. Mr. President, it is my un- sent that the Parliamentarian of the priate committees. derstanding that the President pro House of Representatives and his four The PRESIDENT pro tempore. With- tempore will now assume the presi- assistants be given the privileges of the out objection, it is so ordered. dency of the Senate. floor during the 112th Congress. f The PRESIDENT pro tempore. The Mr. President, I ask unanimous con- clerk will report the resolution by sent that, notwithstanding the provi- WORKING GROUP—LOWER LEVEL title. sions of rule XXVIII, conference re- EXECUTIVE NOMINATIONS The legislative clerk read as follows: ports and statements accompanying Mr. REID. One of the issues we must A resolution (S. Res. 7) to make effective them not be printed as Senate reports reform is the confirmation process in appointment of Deputy Senate Legal Coun- when such conference reports and the Senate. I have heard from a num- sel. statements have been printed as a ber of Senators on both sides of the The PRESIDENT pro tempore. With- House report unless specific request is aisle who think we should address this. out objection, the resolution is agreed made in the Senate in each instance to Clearly, all Presidents are entitled to to. have such a report printed. choose well-qualified individuals to

VerDate Mar 15 2010 03:55 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.020 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE January 5, 2011 CONGRESSIONAL RECORD — SENATE S15 serve in their administration. In the the introduction of bills and joint reso- SENATE PROCEDURE vast majority of instances, the individ- lutions in the 112th Congress be Tues- Mr. REID. Mr. President, happy new uals nominated by the President are day, January 25, 2011. year to you. And happy new year to all not controversial, but many have faced The PRESIDENT pro tempore. With- my colleagues, those returning to the delays before assuming their positions. out objection, it is so ordered. Senate and those taking office today These delays mean critical decision- f for the first time. makers are not in place. And, the I am honored, humbled, and will for- delays make it harder to find qualified ADJOURNMENT OR RECESS OF ever be grateful that the people of Ne- people—many great nominees simply THE HOUSE AND SENATE vada have entrusted me with another cannot wait around for months as the term as a Senator. I will continue Mr. REID. I have a concurrent reso- stress and uncertainty affects their working hard to create jobs for the lution at the desk. I ask the clerk to families and careers. We need to do people of my State and our country report the same. better in the 112th Congress. According and get our country back on track. I The PRESIDENT pro tempore. The to the Congressional Research Service, am also grateful for the continued sup- clerk will report the concurrent resolu- the Senate has a constitutional duty to port and confidence of my caucus, tion by title. exercise ‘‘advice and consent’’ on more which has given me the honor of serv- than 1,215 executive branch nominees. The legislative clerk read as follows: ing as its leader. Neither title—Senator That is a large number. Is my friend A concurrent resolution (S. Con. Res. 1) nor majority leader—is a responsibility from Kentucky aware of that the Sen- providing for a conditional recess or adjourn- I take lightly or for granted. ate confirms more than 1,215 executive ment of the Senate and adjournment of the They say you can never step in the House of Representatives. branch nominees? same river twice; new water flows in Mr. MCCONNELL. I am aware that The PRESIDENT pro tempore. The replacing the old and continually re- the number of presidential appointees concurrent resolution is considered and newing the river. The Senate is the has grown substantially. According to agreed to. same. This body never stops changing. the bipartisan Commission on Public The concurrent resolution (S. Con. Every 2 years—occasionally more fre- Service report from 2003, President Res. 1) was agreed to, as follows: quently—new Senators take their seats Kennedy took office in 1960 with only S. CON. RES. 1 in this Chamber. They join the Senate 286 positions to fill by Presidential ap- Resolved, by the Senate of the United States family in this ever-evolving team of 100 pointment. Many of those required (the House of Representatives concurring), That tasked with moving the country for- Senate confirmation. About 40 years (a) when the Senate adjourns or recesses on ward. Our fundamental responsibilities later, President George W. Bush faced a any day from Wednesday, January 5, 2011, and traditions anchor us in that river. total of 3,361 Presidential appointment through Monday, January 10, 2011, on a mo- tion offered pursuant to this concurrent res- Our respect and reverence for the peo- slots to fill. I am sure the current ple we serve and this institution never President faced a similar number of ap- olution by its Majority Leader or his des- ignee, it stand adjourned or recessed until 10 wavers or changes. pointments. According to academics, pundits, and Mr. REID. I remember the Public a.m. on Tuesday, January 25, 2011, or until the time of any reassembly pursuant to sec- Congress watchers, the 111th Congress Service Commission well and its Chair- tion 2 of this concurrent resolution, which- was the most productive in American man Paul Volcker. We may need a new ever occurs first; and history. But many challenges and op- working group in the Senate to exam- (b) when the House adjourns on the legisla- portunities still lie ahead for this new ine the confirmation process and ways tive day of Wednesday, January 12, 2011, on a Congress that starts today. We have to to improve, streamline, and in some motion offered pursuant to this concurrent do even more to help middle-class fam- cases perhaps eliminate the confirma- resolution by its Majority Leader or his des- ilies, to create jobs, to hasten our en- tion process for lower level nominees. I ignee, it stand adjourned until 2 p.m. on ergy independence, to improve our would like to propose a new working Tuesday, January 18, 2011, or until the time group on executive nominations headed of any reassembly pursuant to section 3 of children’s education, and to fix our this concurrent resolution, whichever occurs broken immigration system. We also by Chairman SCHUMER and Ranking first; and when the House adjourns on any have to make sure the Senate can oper- Member ALEXANDER of the Rules Com- legislative day from Wednesday, January 26, ate in a way that allows the people’s mittee. We will develop the details of 2011, through Friday, January 28, 2011, on a this effort in the coming weeks, but I elected legislators to legislate. motion offered pursuant to this concurrent We will soon debate some reforms to think a Senate level working group is a resolution by its Majority Leader or his des- Senate procedure, reforms proposed not good place to start. And I would also ignee, it stand adjourned until 2 p.m. on for the sake of change itself or for par- recommend that Senators SCHUMER Tuesday, February 8, 2011, or until the time tisan gain but because the current sys- and ALEXANDER work on this effort in of any reassembly pursuant to section 3 of this concurrent resolution, whichever occurs tem has been abused and abused gratu- conjunction with Senators LIEBERMAN first. itously. The filibuster in particular has and COLLINS. The Homeland Security SEC. 2. (a) The Majority Leader of the Sen- been abused and in truly unprecedented and Government Affairs Committee ate, or his designee, after consultation with has held hearings on the confirmation fashion. There are strong passions on the Minority Leader of the Senate, or his both sides of this debate on this issue. process in the past, and Senators designee, shall notify the Members of the There are nearly as many opinions LIEBERMAN and COLLINS have been en- Senate to reassemble at such place and time gaged in this issue for some time. They as he may designate if, in his opinion, the about what to do about these abuses as can bring a valuable perspective here. public interest shall warrant it. there are Senators. But let’s start the Mr. MCCONNELL. I agree the Senate (b) After reassembling pursuant to sub- conversation with some facts. should establish a working group to ex- section (a), when the Senate recesses or ad- There were about as many filibusters amine this issue. Surely, Senators journs on a motion offered pursuant to this in the last two Congresses as there subsection by its Majority Leader or his des- were in the first six and a half decades LIEBERMAN and COLLINS have bipar- ignee, the Senate shall again stand recessed tisan respect and should be a part of the cloture rules existed. There were or adjourned pursuant to the first section of nearly as many filibusters in just the any such group on executive nomina- this concurrent resolution. tions. Senators ALEXANDER and SCHU- SEC. 3. The Speaker or his designee, after last 2 years as there were in the 1920s, MER are good choices to spearhead this consultation with the Minority Leader of the 1930s, 1940s, 1950s, 1960s, and half of the effort. I look forward to working with House, shall notify Members of the House to 1970s, all combined. In the entire 19th the majority leader and my colleagues reassemble at such place and time as he may century, the Senate saw fewer than 12 in the coming weeks as we finalize this designate if, in his opinion, the public inter- filibusters. Now we see that many in a proposal. est shall warrant it. single month. Many of these recent fili- Mr. REID. Mr. President, I move to busters were terribly unproductive. f reconsider that vote. Many of them prevented us from even FIRST DAY FOR INTRODUCTION OF Mr. MCCONNELL. I move to lay that holding debate on a bill, let alone an BILLS AND JOINT RESOLUTIONS motion on the table. up-or-down vote. After we wasted hour Mr. REID. Mr. President, I ask unan- The motion to lay on the table was after hour, day after day, sometimes imous consent that the first day for agreed to. weeks, many of those bills passed and

VerDate Mar 15 2010 01:23 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A05JA6.018 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S16 CONGRESSIONAL RECORD — SENATE January 5, 2011 many of those nominations were con- things. Among them, he taught me to have moved on, and 16 new ones now firmed overwhelmingly and sometimes carry the Constitution with me every take their seats. Laws that govern this unanimously. day. Nation and the rules that govern this I have been forced to use my right as I do that, Mr. President. I always body continually evolve carefully and majority leader to fill what we call the have this copy of our founding docu- by necessity. amendment tree more than I would ment in my pocket, signed by Senator But the most important change we have liked to, but it has been for a sim- Byrd, one of the most fervent defenders can make in the 112th Congress is to ple reason. Rather than offer amend- of the Constitution. He has given me work better and more closely as team- ments to improve legislation or com- two of them. The first one wore out, mates, not as opponents; as partners, promise for the greater good, as Mem- but I have it in my desk in Searchlight. not as partisans; to fulfill our constitu- bers of this body have done for genera- I have such fondness looking at what tional responsibility to pursue a more tions, the current minority has offered Senator Byrd wrote in it. As we all perfect union, establish justice, ensure amendments simply to waste time, know, in his later years he had a be- domestic tranquility, provide for the delay us from proceeding to a bill or nign tremor, and he shook a little bit common defense, promote the general for scoring political points. The Amer- when he wrote. But he wrote this, and welfare, and secure the blessings of lib- ican people love government, but they I will always, always remember Sen- erty to ourselves and our posterity. don’t like too much politics in govern- ator Byrd, that fervent defender of this f ment. Constitution. Finally, these rules are central to the He loved the Constitution. This coal RECOGNITION OF THE MINORITY Senate, but they are not sacrosanct. miner’s son loved the Constitution. LEADER Senate procedures and rules have Just like everyone in America, whether The PRESIDING OFFICER (Mr. changed since the Senate was founded you are a coal miner’s son or an aca- UDALL of New Mexico). The Republican at the beginning of this country when demic’s son, we all should love this leader is recognized. necessary and after serious consider- Constitution, not just because of what ation. Those decisions have never been is written in it but how those words f made without great deliberation, and were written and how it all came to- OPENING THE 112TH CONGRESS no future change should be made any gether. differently. Senator Byrd knew our Constitution Mr. MCCONNELL. Mr. President, The recent abuses we have seen have was created through compromise. At a first, I would like to take a moment to hurt the Senate and hurt our country. moment of particular partisan strife, 15 welcome back all of my colleagues and They have hurt our economic recovery, years ago Senator Byrd came to this particularly the 13 new Republican and they hurt middle-class families. floor and said the following: Senators whom we officially swore in just a few moments ago. They hurt the institutions that lead I hope that we will all take a look at our- and shape America because they keep selves on both sides of this aisle and under- Americans are looking for creative, public servants and judges from these stand also that we must work together in principled leaders. I am confident this posts for no reason other than par- harmony and with mutual respect for one impressive class of new Republicans tisanship. Even Chief Justice Roberts another. This very charter of government— will not disappoint. criticized the Senate a few days ago for Talking about the Constitution— I would also like to welcome my good how few judges we confirmed and how under which we live was created in a spirit of friend, the majority leader. At a time slowly we do even the few we confirm. compromise and mutual concession. And it is when some people think the two par- His criticism and concern are well only in that spirit that a continuance of this ties in Washington cannot even agree founded. I hope all my colleagues con- charter of government can be prolonged and on the weather, I will note that Sen- sider the Chief Justice’s warning and sustained. ator REID and I get along just fine. I what it means for the pursuit of jus- That is what he said. expect it will stay that way, and I look tice. Our friends in the House have decided forward to working with him again Here is the bottom line: We may not to begin their daily business by reading throughout this Congress. agree yet on how to fix the problem, the Constitution. In these first few The biggest changes today are, of but no one can credibly claim problems minutes of the new Senate session, I course, happening across the dome, and don’t exist. No one who has watched think we should reflect on Senator I would like to welcome the many new this body operate since the current mi- Byrd’s wise reminder of this Constitu- Republican Members of Congress who nority took office can say it functions tion’s history. Like the Constitution, have come to Washington to change just fine. That wouldn’t be true. It the agreement that established two the way things are done around here. would be dishonest. No one can deny separate and different Houses in the In this, they will be led by a very tal- that the filibuster has been used for legislative branch was itself a com- ented and determined Ohioan, whom I purely political reasons, reasons far be- promise. now have the great honor of referring yond those for which this protection Mr. President, it is written to be the to as Speaker BOEHNER. I congratulate was invented and intended. Great Compromise that allowed us to Speaker BOEHNER and the new Repub- I say through the Chair to my distin- have a Constitution. As much as ever lican majority in the House, and I wish guished Republican counterpart, my before, our two branches need to find them great success in achieving the friend, Senator MCCONNELL, in the common ground if we are going to be kinds of reforms and policies the last coming days, let’s come together to productive for the people we serve and election was all about. find a solution. That is why we are serve together. Americans want lawmakers to cut here. I say to the 16 new Senators, we In that same speech a decade and a Washington spending, tackle the debt, need to do some things to correct some half ago, Senator Byrd reminded us rein in the government, and to help of the things that have taken place. that ‘‘the welfare of the country is create the right conditions for private The Senate must solve problems, not more dear than the mere victory of [a sector job growth. They also want us to create them. I am going to work to the political] party.’’ I think we would do reform the way laws are made. They best of my ability with my friend, the well to heed those words as we debate are looking to Republicans to provide Senator from Kentucky, to work this and decide how to best serve the Na- an alternative to the kind of law- out, to work out a compromise. tion and its people in this new year. making we have seen too much of The last time Congress convened Senators come and go. Majorities and around here in the past few years—a vi- without Senator Robert Byrd as a minorities rotate like a rolling wheel, sion that disregards the views of the Member, Harry Truman was President and records of service are written and public in favor of an elite few, a vision of the United States and 42 of our 100 rewritten. The only constant in this that tells people they can look at legis- Senators had not even been born. No great democracy is change—a change lation after it is passed, that Wash- one knew the Constitution better than we never anticipate. Sometimes we do, ington knows best. In short, Americans Robert Byrd, and no one revered it but most often we do not. Sixteen Sen- are looking for an entirely different ap- more. He taught many of us many ators who were here just a few days ago proach.

VerDate Mar 15 2010 03:55 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.026 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE January 5, 2011 CONGRESSIONAL RECORD — SENATE S17 The new Republican majority in the regularly bypassing Senate commit- rules except by following those rules; House has shown every sign that they tees. All too often the majority has that is, with the participation and the have heard the public on all of this, chosen to write bills behind closed agreement of the minority. and Senate Republicans join them in doors, depriving Americans of yet an- I am going to say it one more time. their efforts, conscious of the limita- other opportunity to have a say in the No Senate majority has ever changed tions and the opportunities that our legislative process. The current major- the rules except by following those minority status and the President’s ity has set the record here as well, by- rules; that is, with the participation veto pen involve. We will press the ma- passing committees 43 times or double and the agreement of the minority. But jority to do the things the American the previous average. it also promises to frustrate those who people clearly want us to do, and we Now, the goal of all of this, of course, would approve it. will insist in every possible way that is to pass the most partisan legislation First, it is stating the obvious, that the voices of our constituents are possible while at the same time avoid- anything that passes in the Senate heard, realizing at the same time that ing difficult votes. To listen to the with a narrower majority than 60 is the best solutions are forged through leaders of the Democratic Party over going nowhere—absolutely nowhere—in consensus not through confrontation. the past several months, they have had the newly Republican House. So any Fortunately, the Senate was designed some success at it. The President, the short-term gain ends halfway across as a place where consensus could and former Speaker, and the majority lead- the dome. Second, a change in the rules would be reached. Look through mod- er have all described the past Congress aimed at benefitting the Democrats today could just as easily be used to ern history. The Social Security Act of as the most successful in memory. Yet benefit Republicans tomorrow. Do our 1935 was approved by all but six Mem- the most vocal elements of their party friends across the aisle want to create bers of the Senate. The Medicare and remain frustrated. They say the Senate a situation where 2 or 4 or 6 years from Medicaid Acts of 1965 were approved by is broken, even though the same people now they suddenly find themselves all but 21. And all but eight Senators are describing it as the most successful completely powerless to prevent Re- voted for the Americans with Disabil- in memory. publicans from overturning legislation Why? Their primary complaints ap- ities Act 21 years ago this year. they themselves have worked so hard The lesson is clear: Americans be- pear to be these: The stimulus passed, to enact, particularly over the last 2 lieve on issues of this importance, one but it was not big enough; the health years? party should not be allowed to force its care bill passed, but it did not include But the larger point is this: The will on anyone else. Thanks to the Sen- the government plan; the Senate ex- Founders crafted the Senate to be dif- ate, it rarely has. tended unemployment benefits and cut ferent. They crafted it to be a delib- That is why a recent proposal to payroll taxes but was blocked from erate, thoughtful place. Changing the change the Senate’s rules by some on raising taxes on small business owners rules in the way that has been proposed the other side is such a bad idea. For 2 in the process. would unalterably change the Senate years, Americans have been telling us In other words, the majority may itself. It will no longer be the place they are tired of being shut out of the have been able to achieve most of what where the whole country is heard and legislative process. They want to be it wanted, but because it did not has the ability to have its say, a place heard. The response they are now get- achieve everything it wanted some are that encourages consensus and broad ting from some on the other side in- not happy. They are not happy that agreement. In short, it would make stead is a proposal to change the Sen- those Americans who have a different this place even less like the place ate rules so they can continue to do ex- view of things actually had a say in Americans want it to be. actly what they want with fewer Mem- how some of the legislation they have So it is my hope that our friends on bers than before. Instead of changing passed over the past 2 years turned out. the other side will put aside their their behavior in response to the last The impulse to change the rules is, in plans, respect the rules of the Senate election, they want to change the some ways, understandable. No one and, more importantly, the voice of the rules. likes to take difficult votes, but that is people those rules are meant to pro- Well, I would suggest this is precisely nothing new. As the majority whip tect. Then we can get about the busi- the kind of approach a supermajority often says: ‘‘If you don’t like fighting ness the people sent us here to do. standard is meant to prevent. It ex- fires, then don’t become a fireman.’’ If Today is a day to renew our purpose ists—it exists—to preserve the Senate’s you don’t like casting votes, don’t and our commitment to bipartisanship, role as the one place where the voices come to the Senate. not to double down on a partisan ap- of all of the people will, in the end, be Some have also suggested that one’s proach that has too often marred law- heard. As a result, it has helped ensure view of the filibuster depends on where making in Washington over the past 2 that most major agreements enjoy the one sits. It is true that when I was in years. It is a day to look ahead to what broad support of the public and the sta- the majority, I opposed filibustering we can achieve together, prompted by bility that comes with it. judicial nominees. But I opposed doing the urgings of an electorate that has Regrettably, the current majority so when I was in the minority as well. made its views very clear, and united has too often lost sight of this impor- I opposed doing so regardless of who by a love for this institution and this tant truth. Since assuming control of was in the White House. In short, I was Nation. The problems we face are enor- the Senate in 2007, it has sought to against expanding the use of the fili- mous—once-in-a-generation challenges erode the traditional rights of the mi- buster into an area in which it tradi- that will require vision, hard work, and nority, and, by extension, the rights of tionally had not been used, period. a commitment to work together to our constituents. The nonpartisan Con- One can agree with that view or not, reach consensus, and the Senate is the gressional Research Service has looked but it is one thing to disagree with ex- place for that. At its best, it is a work- into the way the current majority has panding the use of the filibuster into shop where the Nation’s most difficult run the Senate. Its conclusions are re- nontraditional areas, regardless of who challenges are faced squarely and ad- vealing. is President and who is in the minor- dressed with civility and goodwill. At a Here are just a few: The current ma- ity, it is another thing altogether to be time like our own, when 1 in 10 work- jority has denied the minority the in favor of expanding it when one is in ing Americans is looking for a job and right to amend legislation a record 44 the minority, and then turn around and can’t find one, when the national debt times or more often than the last six urge its elimination when one is in the threatens the American dream itself, majorities combined. It has moved to majority. when the solvency of the social safety shut down debate the same day meas- When it comes to preserving the net is threatened, we must come to- ures are considered nearly three times right to extended debate on legislation, gether. We must find a way to forget more often, on average, than the pre- Republicans have been entirely con- the petty skirmishes of the past and vious six majorities. And its unprece- sistent. What is being considered is un- forge a new, more hopeful path. We dented denial of the rights of the mi- precedented. No Senate majority has must be motivated by a determination nority to debate and amend on the ever—I am going to say this twice—no to seek solutions, not mere partisan floor is compounded by its practice of Senate majority has ever changed the advantage.

VerDate Mar 15 2010 01:23 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.027 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S18 CONGRESSIONAL RECORD — SENATE January 5, 2011 Americans are looking for Repub- Baltimore Orioles, became known as I yield the floor. licans to address the problems we face, the ‘‘Iron Man’’ for going 16 consecu- The PRESIDING OFFICER. The Sen- but Republicans cannot solve them tive years without missing a game. ator from Minnesota. alone. The problems are too big, too de- Now perhaps Senator MIKULSKI has Ms. KLOBUCHAR. Mr. President, I manding for one party, and we will earned the title of ‘‘Iron Woman’’ for rise today to add my voice to those of never succeed in solving them if we re- going 24 consecutive years in this body my colleagues as we commemorate an treat to our corners until another elec- without ever deviating from her role as extraordinary milestone for a remark- tion comes around. If our predecessors a fierce advocate for Marylanders and able woman. Today, Senator BARBARA had done that, they would have never for working people across our country. MIKULSKI becomes the longest serving solved anything at all, and this institu- I hasten to add that the measure of a woman Senator. tion would have lost its relevance a Senator is not how many years he or For anyone who has had the privilege long time ago. But they didn’t, and nei- she serves in the body but what he or of working with or for Senator MIKUL- ther can we. she accomplishes during those years. SKI, this milestone comes as no sur- The men who established this place That is where Senator MIKULSKI has prise. She is a devoted public servant have left us the right tools for the job. truly distinguished herself over the and a dogged advocate for her constitu- It is my hope that in the weeks and last quarter of a century. ents. She has spent the vast majority months ahead, we will use them to I especially salute her activism and of her life in public service as a social renew the promise that inspired them leadership on the Committee on worker, as a member of the Baltimore and that continues to inspire Ameri- Health, Education, Labor and Pen- City Council, then as a Member of the cans even in difficult times. That sions, formerly chaired, of course, by House of Representatives, and finally promise is the American dream. It is Senator Kennedy and which I am now as a Senator. With each step, her con- what unites everyone in this Chamber. privileged to chair. She has been a stituency got larger and she worked Preserving it must be our common leading champion of Pell grants and for even harder to fight for the people of task. expanding access to higher education Maryland. Mr. President, I yield the floor. for students of modest means. Of Senator MIKULSKI is no stranger to The PRESIDING OFFICER. The ma- course, as has been stated, she has been celebrating firsts or milestones. She jority leader is recognized. the Senate’s leading voice on women’s was the first Democratic woman to be f health issues, fighting to ensure elected to the Senate in her own right women are included in clinical trials without succeeding a spouse or a fa- MORNING BUSINESS and medical research at the National ther. She was also the first woman to Mr. REID. Mr. President, I ask unan- Institutes of Health, and securing ac- serve on the Senate Appropriations imous consent that the Senate proceed cess to breast and cervical cancer Committee. to a period of morning business and screenings for women without health It is also worth reflecting on how far that there be 30 minutes for tributes insurance. we have come in the 24 years since Sen- regarding Senator MIKULSKI’s mile- Senator MIKULSKI took the lead in ator MIKULSKI was first elected. She stone; that upon conclusion of MIKUL- writing the sections of the new health was one of only two women in the Sen- SKI-related remarks, there be 45 min- reform law that focus on improving the ate in 1987. In the next Senate, as in utes for Senator HARKIN; that upon the quality of care. At every turn in the the last Senate, we are now up to 17 fe- conclusion of Senator HARKIN’s re- drafting of that historic legislation, male Senators, meaning that they can marks, the Republican leader or his she fought to ensure that the unique no longer call us ‘‘Sweet 16.’’ designee control the next 35 minutes; health needs of women were fully rec- As the dean of women Senators, Sen- further, that following that time con- ognized and accommodated. ator MIKULSKI has always been ready trolled by the Republican leader, Sen- As chair of the Subcommittee on Re- to help women who are thinking about ators be permitted to speak for up to 10 tirement and Aging, Senator MIKULSKI running for the Senate and then help minutes each. has been an outspoken advocate for newly arrived women Senators when The PRESIDING OFFICER. Is there seniors, focusing especially on com- they get here. Her wise counsel is abso- objection? bating elder abuse and neglect. I know lutely invaluable. Senator MIKULSKI Without objection, it is so ordered. she is especially proud of authoring the has always reached across the aisle to Mr. REID. Mr. President, I note the Spousal Anti-Impoverishment Act, bring women Senators together. As she absence of a quorum. which keeps seniors from going bank- puts it: ‘‘Women in the Senate under- The PRESIDING OFFICER. The rupt while paying for a spouse’s nurs- stand issues not just on the macro clerk will call the roll. ing home care. I might also add, no one level, but on the macaroni and cheese The assistant legislative clerk pro- has been a more fierce supporter and level.’’ ceeded to call the roll. defender of the right for people to have Two years ago around this time, I The PRESIDING OFFICER. The Sen- an attorney through the legal aid sys- went to the Senate floor with several ator from Iowa is recognized. tem in America. She has fought very of my women colleagues to speak about Mr. HARKIN. Mr. President, I ask hard to make sure we strengthened the the importance of passing the Lilly unanimous consent that the order for National Legal Services Corporation Ledbetter Fair Pay Act. Senator MI- the quorum call be rescinded. and to make sure it receives adequate KULSKI had championed the bill for The PRESIDING OFFICER. Without funding so people who have no money years. I remember Senator MIKULSKI objection, it is so ordered. aren’t barred from the courthouse bringing us all together and I will al- f door. ways remember her words. She would We admire the work of BARBARA MI- say: COMMENDING SENATOR MIKULSKI KULSKI not as a female Senator per se To the women of America: Suit up, square Mr. HARKIN. Mr. President, I wish to but as one of 100 Senators. On this day your shoulders, put your lipstick on. We’re make some remarks regarding my dear we also recognize that she was the first ready for a revolution. friend and seatmate on the Appropria- woman elected to the Senate whose Senator MIKULSKI has always been a tions Committee and a member of my husband or father did not serve in high master of words and quips. She did it Health, Education, Labor, and Pen- office. We salute her as the proud dean again, and we passed that bill. sions Committee. among Senate women who has gone to On that issue, as on so many others, I join with the entire Senate family extraordinary lengths for so many the cause that Senator MIKULSKI cham- in saluting my good friend, the distin- years to mentor and guide newly elect- pioned was victorious due in large part guished senior Senator from Maryland, ed women Senators of both parties. to her tremendous work ethic and her on becoming the longest serving I join my colleagues in congratu- devoted advocacy. woman in the history of the Senate. lating Senator MIKULSKI as our longest Senator MIKULSKI, today we salute This is truly a remarkable milestone. serving female Senator and wishing her you for suiting up and squaring your I note that Cal Ripken, the former many more years of accomplishment shoulders for 24 years and counting, star of Senator MIKULSKI’s hometown and service in the Senate. and we look forward to so many more.

VerDate Mar 15 2010 01:23 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.029 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE January 5, 2011 CONGRESSIONAL RECORD — SENATE S19 I see my great colleague Senator tial and commercial community. She FILIBUSTER RULE STABENOW from the State of Michigan has continued from that day, every Mr. HARKIN. Mr. President, I have a is here. day, fighting for neighborhoods and resolution for myself, Senator DURBIN, I yield the floor. families and standing for the men and Senator MIKULSKI, and Senator The PRESIDING OFFICER. The Sen- women who work hard every day to SHAHEEN, which I send to the desk and ator from Michigan. make a better life for themselves and ask for its immediate consideration. Ms. STABENOW. Mr. President, I am their families. The PRESIDING OFFICER. The so pleased to be here today. I appre- When BARBARA first arrived in the clerk will report the resolution by ciate the words of the great Senator Senate, she was one of only two women title. from Minnesota. I am very pleased to Senators, as we know. Before then, The assistant legislative clerk read rise with colleagues on both sides of women were appointed to the worst as follows: the aisle to pay tribute to somebody committees, were locked out of the A resolution (S. Res. 8) amending the who is much more than a colleague— ‘‘old boys’ club’’ and didn’t have much Standing Rules of the Senate to provide for someone who is also a mentor and a of a voice. But she changed all that. cloture to be invoked with less than three- great friend, the Senator from Mary- She got appointed to the powerful fifths majority after additional debate. land, BARBARA MIKULSKI. Appropriations Committee—the first The PRESIDING OFFICER. Is there Today, as we all know, she became Democratic woman to do so, giving the objection? the longest serving woman Member of women of America a voice, for the first Mr. ALEXANDER. Reserving the the Senate in the history of our Na- time, on how we set our priorities for right to object. tion. I have a 3-year-old granddaughter the investments of our country. More The PRESIDING OFFICER. The Sen- Lilly who will be able to read now in importantly, she learned how to build ator from Tennessee. the history books about not only her coalitions, to work with colleagues on Mr. ALEXANDER. Mr. President, I grandmother but the woman who holds both sides of the aisle, and get things had a good discussion with the Senator this record, Senator BARBARA MIKUL- done for the people who sent her here from Iowa. This is a longstanding pro- SKI, and all she has done and all she to work for them. posal of his. He has thoughtfully con- means to each of us, particularly as a Today, as dean of the women Sen- sidered it. Even though I admire him, I role model for my granddaughter and ators, BARBARA continues that leader- do not admire the proposal. What we would like to do is let the other young children, other young ship. Thanks to her, the women of the Senator from Iowa make his proposal. I women who will be coming after all of Senate get together—both Democrats will listen, and when he has made the us. and Republicans—for fellowship and She is here today because she is bold friendship on a regular basis. Now, fol- proposal, I will ask him to yield me a and fearless and determined, as we all lowing in her footsteps, there are few minutes and we may have a little discussion back and forth on the merits know. In 1986, when she first ran for woman Members on every single com- of the proposal. With that in mind, I the Senate, she looked for inspiration mittee in the Senate. That is impor- tant to the operation of our country’s object. from her own great-grandmother who The PRESIDING OFFICER. Objec- business. came to the United States from Poland tion having been heard, the resolution with no money and no job. But her Her example shows us all the impor- tance of hard work, determination, and will go over under the rules. great-grandmother knew the impor- Mr. HARKIN. Mr. President, I am tance of hard work and she built a life courage. I congratulate my friend, Senator sorry my good friend from Tennessee for her family here, a new beginning, had to object, but I understand. We are BARBARA MIKULSKI, today on her great and in so doing opened the door for fu- going to engage for some time now on ture generations. I know today she is accomplishment and, most impor- tantly, on a distinguished record of the Senate floor in a discussion on the looking down from a special place with filibuster, something that has been public service on behalf of the people of tremendous pride. around a long time but which, in the Maryland and our country. I thank her When Senator MIKULSKI won that last several years, few years—I would for all she has done for me personally election, becoming the first Demo- not say ‘‘several’’—in the last 20, 30 and for all the other women in the Sen- cratic woman to win a Senate seat in years, has gotten to the point where it ate—the ones who have already fol- her own right, she carried on her great- has paralyzed the Senate and has para- lowed in her footsteps and the many grandmother’s legacy—opening doors lyzed the country. for future generations of women to fol- who are still to come. I intend to make some remarks for a This is an exciting day for the his- low in her footsteps. Thanks to that, while. I appreciate my friend from Ten- tory books—as some of us like to say, there are more women serving in the nessee and also my friend from Kansas it is another step in ‘‘herstory’’—BAR- Senate today than have ever served in who is here. I hope we can engage in a the entire history of our great country. BARA’s story—which is a special one for nice colloquy and a discussion about When Senator MIKULSKI was elected in our country. this in a back-and-forth way. I look 1986, from the moment she arrived in I suggest the absence of a quorum. The PRESIDING OFFICER. The forward to doing that. I do wish to take this august body, she has been a tire- clerk will call the roll. some time to at least lay out my case, less champion of working families in The assistant legislative clerk pro- as I did 15 years ago—I am sorry, 16 Maryland and across the country. I am ceeded to call the roll. years ago. On January 4, 1995, I sub- proud to have partnered with her on so Mr. HARKIN. Mr. President, I ask mitted this same resolution. I was a many important efforts to make sure unanimous consent that the order for member of the minority party in the we are building things in America the quorum call be rescinded. Senate for the first time in 8 years. again and supporting the people who The PRESIDING OFFICER (Mr. When I first came to the Senate, the have built the great middle class of MANCHIN). Without objection, it is so Republicans were in charge and then this country by their hard work. ordered. the Democrats got in charge and then She grew up working in her parents’ Mr. HARKIN. Mr. President, par- the Republicans got in charge and then grocery store and understands the liamentary inquiry: Under the unani- the Democrats got in charge and then struggles of working families who want mous consent agreement, there was a the Republicans got in charge and then nothing more than to create a better period of 30 minutes for tributes to the Democrats got in charge. Since I life for their children and their grand- Senator MIKULSKI. Is there any of that have been here, since 1985, five times children. time remaining? the Senate has changed hands. She got her start in politics fighting The PRESIDING OFFICER. Time has I note that at the beginning of that to save the Fells Point neighborhood in been consumed. Congress in 1995, the Republicans out- Baltimore, stopping a proposed high- Mr. HARKIN. If I am not mistaken, numbered Democrats 53 to 47, the same way that would have divided a neigh- under the unanimous consent agree- majority-minority ratio that exists borhood and destroyed that commu- ment, I was deemed to have 45 minutes. today, just on the other side. Even nity. Today, because of Senator MIKUL- The PRESIDING OFFICER. That is though I was opposed to the then-ma- SKI, Fells Point is a thriving residen- correct. jority party’s agenda, I submitted the

VerDate Mar 15 2010 01:44 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.029 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S20 CONGRESSIONAL RECORD — SENATE January 5, 2011 same basic resolution to change the year—4 or 5—up to almost 140, 139. In minority filibuster bills they did not Senate rules regarding the filibuster. 1994, former Republican Senator even object to solely in order to slow My plan would have ensured ample Charles Mathias of Maryland said: down unrelated measures they did op- debate and deliberation. The stated Today, filibusters are far less visible but pose. The result is a legislative process purpose of a filibuster is to have debate far more frequent. The filibuster has become that is simply overwhelmed, squeezing and deliberation. But it would also an epidemic,— out the ability to do important, rel- have allowed a bill or nominee to re- An epidemic. That is former Repub- atively noncontroversial legislation. ceive a ‘‘yes’’ or ‘‘no’’ vote. Unfortu- lican Senator Charles Mathias— It is no accident that Norm Ornstein, nately, my proposal did not pass. It re- used whenever a coalition can find 41 votes the esteemed congressional scholar, ceived 19 votes. My cosponsors were to oppose legislation. The distinction be- wrote an article, titled ‘‘Our Broken Senator LIEBERMAN, Senator Pell, and tween voting against legislation and block- Senate,’’ in which he wrote that ‘‘the Senator Robb of Virginia. ing a vote between opposing and obstructing expanded use of formal rules on Capitol I submitted my bill—and if you care has nearly disappeared. Hill is unprecedented and is bringing to go back and read that debate, it is That was Senator Mathias of Mary- the government to its knees.’’ the January 4, 1995, CONGRESSIONAL land. Just the other day, I received a peti- RECORD in the Senate. I saw an esca- During that Congress, again right be- tion signed by nearly 300 top histo- lating arms race, where each side fore I first submitted legislation to rians, legal scholars, and political sci- ratcheted up the use of the filibuster. modify the filibuster, there were 80 fili- entists urging Senators ‘‘to restore ma- That is what I called it then. busters that year. If I may quote my- jority rule to the United States Sen- Sadly, in the intervening years, my self, 1 year after Senator Mathias made ate.’’ I ask unanimous consent to have prediction has been fulfilled. The sad his statement about the filibuster, this this petition printed in the RECORD. reality is that today, because of the in- is what I said in 1995: There being no objection, the mate- discriminate use of the filibuster, the It is used, Mr. President, as blackmail, for rial was ordered to be printed in the ability of our government to legislate one Senator to get his or her way on some- RECORD, as follows: and to address problems is severely thing they could not rightfully win through JANUARY 4, 2011. the normal process. I am not accusing any ‘‘We, the undersigned, American histo- jeopardized. Sixteen years after I first one party of this. It happens on both sides of rians, political scientists, and legal scholars, submitted my proposal, it is even more the aisle. call upon our senators to restore majority apparent that for our government to I said that in 1995. Quoting myself rule to the United States Senate by revising the rules that now require the concurrence properly function, we must reform and from the RECORD: curb the use of the filibuster. of 60 members before legislation can be Mr. President, I believe each Senator needs brought to the floor for debate and restoring The filibuster was once an extraor- to give up a little of our pride, a little of our dinary tool used in the rarest of cir- majority vote for the passage of bills. prerogatives, and a little of our power for the Joyce Appleby, UCLA, retired; Katy cumstances. When many people think good of this Senate and the good of this Harriger, Wake Forest University; Senator of the filibuster, many times it brings country. I think the voters of this country Gary Hart, University of Colorado, Denver; to mind the classic film of ‘‘Mr. Smith were turned off by the constant bickering, Sanford Levinson, University of Texas Law Goes to Washington.’’ It is ironic that the arguing back and forth that goes on in School; Lawrence Lessig, Harvard Law in 1939, the year Frank Capra filmed this Senate Chamber, the gridlock that en- School; Peter Onuf, University of Virginia; sued here, the pointing of fingers of blame. ‘‘Mr. Smith,’’ there were zero filibus- Jack Rakove, Stanford University; David Re- Sometimes in the fog of debate, like the fog Pass, University of Connecticut, retired; ters in the Senate. From 1917 across of war, it is hard to determine who is respon- the entire 19th century—for 100 years— John K. White, Catholic University; Richard sible for slowing something down. It is like D. Lamm, Gov. of Colorado, 1975–1987; Coit D. there were 23 filibusters in 100 years. shifting sand. People hide behind the fili- Blacker, Stanford University; James Gelvin, Indeed, through 1879, there were only buster. I think it is time to let the voters UCLA; H. Robert Baker, Georgia State Uni- four. From 1917, when the Senate first know that we have heard their message in versity; Darryl Holter, University of South- adopted rules to end the filibuster, the last election. ern California; Robert Rapetto, Yale Univer- until 1969, there were fewer than 50— I said this in 1995. sity; David Orr, Oberlin College; Manuel J.R. less than 1 filibuster a year. Unfortu- They did not send us here to bicker Montoya, University of New Mexico; Kath- nately, since then, the number has sky- and to argue and to point fingers. They leen M. Beatty, University of Colorado, Den- rocketed. want us to get things done to address ver; Morton T. Tenzer, University of Con- the concerns facing this country. They necticut; David S. Tannenhaus, University of The current concerns I raise are not Nevada, Las Vegas. new. The problem has become far more want us to reform this place. They Robert H. Abzug, University of Texas, Aus- serious. In 1982, my good friend and col- want this place to operate a little bet- tin; David H. Hall, Harvard University; league, Senator Dale Bumpers of Ar- ter, a little more openly, and a little Carrie Menkel-Meadow, Georgetown Law kansas, said this about the filibuster: more decisively. School, University of California, Irvine; ‘‘Unless we recognize that things are I said that when the Republicans Carla Gardina Pestana, Miami University, out of control and procedures have to were in charge. Ohio; Michael Zucker, University of Notre With all those filibusters, it was not Dame; Thomas A. Foster, De Paul Univer- be changed, we’ll never be an effective sity; John Kukla, Richmond, Virginia; Corey legislative body again.’’ That was 1982. until the 110th and 111th Congress that the true scope of the filibuster abuse Robin, Brooklyn College and City University During the 2 years of that Congress, of New York Graduate Center; David Thelen, there were 31 filibusters as measured would truly be realized. In the 110th University of Indiana; T.H. Breen, North- by the number of cloture motions filed. Congress, there were an astonishing 139 western University; Jonathan D. Varat, In 1985, former Senator Thomas Eagle- motions to end filibusters. In the 111th, UCLA Law School; Michael Koppedge, Uni- ton of Missouri remarked: there were 136—275 filibusters in just 4 versity of Notre Dame; Michael Johnson, Johns Hopkins University; Toby L. Ditz, The Senate is now in the state of incipient years. Johns Hopkins University; Teofilo Ruiz, anarchy. The filibuster, once used, by and The fact is, in successive Congresses, UCLA; Laurel Ulrich, Harvard University; large, as an occasional exercise in civil Democrats and Republicans have made Pauline Maier, Massachusetts Institute of rights matters, has now become a routine the filibuster an everyday weapon of Technology; Anne Lombard, California State frolic in almost all matters. Whereas our obstruction, not as a way to ensure de- University, San Marcos; Gabrielle M. Spie- rules were devised to guarantee full and free bate and deliberation but as a way of gel, Johns Hopkins University. debate, they now guarantee unbridled chaos. obstruction. I say both sides have done Robert A. Hill, UCLA; Buie Seawell, Uni- That was 1985, my first year here. it. I said that in 1995. I predicted an es- versity of Denver; Edward Countryman, But during that Congress there were 40 calating arms race. I said: If we do not Southern Methodist University; Sara Berry, filibusters. do something about it, it is going to Johns Hopkins University; Thomas Bender, Again, I wish to refer to the number get worse—and, unfortunately, it has. New York University; David Hollinger, Uni- of filibusters as a visual aid to see what On almost a daily basis, one Senator versity of California, Berkeley; Franklin W. Knight, Johns Hopkins University; Lucia has happened. is able to use just the threat of a fili- Stanton, Monticello; Alan Trachtenberg, As we go back to 88th, 89th, 90th, and buster to stop bills from coming to the Yale University; Warren M. Billings, Univer- on up, we can see the number of filibus- floor for debate and amendment. In the sity of New Orleans; James Drake, Metro- ters escalating from less than 10 a past Congress, we started seeing the politan State College of Denver; M. Gregory

VerDate Mar 15 2010 01:44 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.032 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE January 5, 2011 CONGRESSIONAL RECORD — SENATE S21 Kendrick, UCLA; Benjamin H. Johnson, Kloppenberg, Harvard University; Trace B. gan State University; Bill Chafe, Duke Uni- Southern Methodist University; Kenneth Strong, University of California, San Diego. versity; Walter Nugent, University of Notre Karst, UCLA Law School; Robert Johnson, Jeffrey C. Isaac, Indiana University; Jay Dame; Lizabeth Cohen, Harvard University; University of Illinois, Chicago; Thomas S. Driskell, Hood College; Nancy Fraser, New Judith Smith, University of Massachusetts, Hines, UCLA; Herbert Sloan, Barnard Col- School for Social Research; Ellen Schrecker, Boston; Gary Gerstle, Vanderbilt University; lege, Columbia University; Alexis Yeshiva University; Stephen W. Feldman, Elizabethy Cohgen, Syracuse University; McCrossen, Southern Methodist University; University of Wyoming; Frances Fox Piven, Allen W. Trelease, University of North Caro- Ira Berlin, University of Maryland; Fred G. City University of New York; Alyson M. lina, Greensboro; Tera W. Hunter, Princeton Notehelfer, UCLA, emeritus. Cole, Queens College, CUNY Graduate Cen- University; James H. Merrell, Vassar Col- Gerald L. Weinberg, University of North ter; Thomas Dunim, Amherst College; Josh- lege; Peter Novick, University of Chicago; Carolina; Richard M. Pious, Barnard College, ua Freeman, Queens College, CUNY Grad- Craig Steven Wilder, Massachusetts Insti- Columbia University; Thomas J. Knock, uate Center; Hendrik Hartog, Princeton Uni- tute of Technology; Seth L. Schein, Univer- Southern Methodist University; Michelle versity; Rick Perlstein, Chicago; Thomas sity of California, Davis; Jenna Gibbs, Flor- Nickerson, University of Texas, Dallas; John Geoghegen, Desprese, Schwartz & ida International University; Michael Chavez, Southern Methodist University; Ga- Geoghegen; John Majewski, University of Latham, Fordham University; Michael briel Piterberg, UCLA; John P. Kaminski, California, Santa Barbara; Anne Norton, Green, College of Southern Nevada; Martin University of Wisconsin, Madison; Graham University of Pennsylvania; Eric Alterman, Kaplan, University of Southern California; A. Peck, Saint Xavier University; Jonathan Brooklyn College, CUNY; Maximillian E. Valerie Matsumoto, UCLA; Sanford M. Gross, De Paul University; Jean R. Sunder- Novak, UCLA, emeritus; Rogers M. Smith, Jacoby, UCLA. land, Lehigh University; Dennis D. Cornell, University of Pennsylvania; Andrew Sabl, Alexander Saxton, UCLA emeritus; Thom- Southern Methodist University; James M. UCLA; Carol W. Lewis, University of Con- as J. Sugrue, University of Pennsylvania; Banner, Washington DC; David D. Leon, necticut. Thomas S. Hines, UCLA; Albion M. Urdank, Howard University; Jeremy Adams, South- Kate Wittenstein, Gustavus Adolphus Col- UCLA; James Grossman, University of Chi- ern Methodist University; Fred M. Wood- lege; Ruth Anne Baumgartner, Fairfield Uni- cago; Lynn Hunt, UCLA; Ron Pagnucco, Col- ward, Lawrence, Kansas; Hal S. Barron, Har- versity and Central Connecticut State Uni- lege of St. Benedict, St. John’s University; vey Mudd College; Glenna Mathews, inde- versity; Ronald Walters, Johns Hopkins Uni- David Konig, Washington University at St. pendent scholar; Carol Karsen, University of versity; Charles Venator, University of Con- Louis; Brenda Stevenson, UCLA; Linn Sha- Michigan; David DuFault, San Diego State necticut; John R. Wallack, Hunter College piro, Washington, DC; Peter Loewenberg, University, retired; Jess Stoddard, San Diego and CUNY Graduate Center; Herbert Kauf- UCLA; Christian McMillen, University of State University, retired. man, formerly Yale University; Ed Edelman, Virginia; Estelle B. Freedman, Stanford Uni- Philip Flemion, San Diego State Univer- former Los Angeles County Supervisor; versity; Daniel Howe, UCLA; Ann C. sity, retired; Gregg Herken, University of Peter Truowitz, University of Texas, Austin; McGinley, University of Nevada, Las Vegas; California, Merced; Karl Inderfurth, Center Ruth Bloch, UCLA; Catherine Allgor, Uni- Mary La France, University of Nevada, Las for Strategic and International Studies; Nat- versity of California, Riverside; David L. Vegas; Christopher Blakesley, University of alie Zemon Davis, Princeton University, Richards, University of Connecticut; Naomi Nevada, Las Vegas; Thomas B. McAffee, Uni- emeritus; Edward A. Alpers, UCLA; John Merzey, Georgetown University Law Center; versity of Nevada, Las Vegas; Robert Bren- Snetsinger, California Polytechnic State Philip Green, New School for Social Re- ner, UCLA; Gail Cline, University of Nevada. University, San Luis Obispo; Kenneth T. search; Robert Westman, University of Cali- Las Vegas; George Rabinowitz, University of Jackson, Columbia University; Margaret fornia, San Diego; Nancy Unger, Santa Clara North Carolina, Chapel Hill. Jacob, UCLA; Simone Weil David, University University; Joseph Lowndes, University of Norton Wise, UCLA; Patricia Bonomi, New of Toronto; Margaret Hunt, Amherst College; Oregon; Michael Holt, University of Virginia; York University; Jon Wiener, University of Charles Capper, Boston University; Ellen Neil Sapper, Armarillo College, retired; Alan California, Irvine; Paul Finkelman, Albany Carol DuBois, UCLA; Olivier Zunz, Univer- Lessoff, Illinois State University; Peter Law School; Joseph Miller, University of sity of Virginia; John R. Chavez, Southern Kingstron, University of Connecticut. Virginia; James MacGregor Burns, Williams Methodist University; Joanne Ferraro, San David Gerber, University of Buffalo, College; Susan Dunn, Williams College; Lori Diego State University; Mary F. Corey, SUNY; Philip Rubio, North Carolina Arts Anne Ferrell, Claremont Graduate Univer- UCLA; Joseph Kett, University of Virginia; and Technology University; Philip Nord, In- sity; David Warren Sabean, UCLA; Isabel V. Ralph E. Luker, Morehouse College, retired; diana University; Aziz Rana, Cornell Law Hull, Cornell University; Edward Ayers, Gregory L. Kaster, Gustavus Adolphus Col- School; John R. Bowman, Queens College Richmond University; Tom Donnelly, Har- lege. and CUNY Graduate Center; Todd Gitlin, Co- vard Law School; Donald Kersey, San Jose Michael Kazin, Georgetown University; lumbia University; Sandra Moats, University State University; Peter H. Wood, Duke Uni- Jeremy Young, Indiana University; James of Wisconsin, Parkside; James M. McPher- versity; Joseph Scott Miller, Lewis and Brewer Stewart, Macalestar College; Mary son, Princeton University; Jason Frank, Cor- Clark Law School; Jonathan Lurie, Rutgers Beth Norton, Cornell University; Steven nell University; Charles Pastel, San Fran- University; Maxine N. Lurie, Rutgers Uni- Conn, Ohio State University; John Carson, cisco State University; Jill Lepore, Harvard versity; Elizabeth Fenn, Duke University; University of Michigan; Ruth Perry, Massa- University; Jane Kamensky, Brandeis Uni- Richard Worthington, Pomona College. chusetts Institute of Technology; Akhil Reed versity; Alejandro E. Camacho, University of Richard Olsen Harvey, Mudd College; Amar, Yale Law School; Peter Reill, UCLA; California, Irvine Law School; Donald Ken- Thomas Zoumaras, Truman State Univer- Robert E. Bieder, Indiana University; Robert nedy, president emeritus, Stanford Univer- sity; Anne K. Nelson, American University; E. Mutch, Washington, D.C.; Edwin G. Bur- sity; Paul Seaver, Stanford University; Geof- Peter Kuznick, American University; How- rows, Brooklyn College; Jeffrey K. Tulis, frey Symcox, UCLA; Leslie E. Gerwin, ard M. Wasserman, Florida International University of Texas, Austin; Fredrika J. Princeton University; Richard H. Kohn, Uni- University; Diane Mazur, University of Flor- Teute, Omohundre Institute of Early Amer- versity of North Carolina; Michael D. Wilson, ida Levin College of Law; David K. Robinson, ican History and Culture; Francis H. Stites, Vanguard University of Southern California; Truman State University; John Wintterle, San Diego State University; Albert O’Brien, Karl Manheim, Loyola Law School. San Jose State University; William Marotti, San Diego State University; John H. Berry M. Sax, Department of Defense Ad- UCLA; Peter Brandon Bayer, University of Coatsworth, Columbia University; Jack M. ministrative Judge retired; David Mont- Nevada, Las Vegas; Stephen Aron, UCLA; Balkin, Yale Law School; Christopher Bates, gomery, Yale University; Michael Holt, Uni- Ediberto Roman, Florida International State California Polytechnic State University, Po- versity of Virginia; Lisa Jacobson, Univer- University; Mellisa Stockdale, University of mona. sity of California, Santa Barbara; Walter Oklahoma; David W. Levy, University of Iryne Black, Newport Beach, California; Giger, Jr., University of Hartford; Julie Oklahoma; Elyssa Faison, University of Timothy Black, Newport Beach, California; Novkov, University of Albany, SUNY; Denis Oklahoma; Robert Savage, Florida Inter- Walter LaFeber, Cornell University; Maeva Z. Davidson; Adolph Grundman, Metropoli- national University Law School; Ronald Marcus, George Washington University Law tan State College of Denver; Brian Balogh, Steel, University of Southern California, re- School; Isaac Kramnick, Cornell University; University of Virginia; John A. Mears, tired; Robert Dawidoff, Claremont Graduate Michael Meranze, UCLA; Ross Frank, Uni- Southern Methodist University; Bennett University; Judith S. Lewis, University of versity of California, San Diego; Ron Ramberg, Los Angeles; Shanti Singham, Wil- Oklahoma. Hayduk, Queens College; Lucas A. Powe, Jr., liams College; Steve Hochstadt, Illinois Col- Steve Raphael, University of California, University Texas Law School; Paul lege; Charles Tandy, Ria University Institute Berkeley; Robert Garwin, Chula Vista, Cali- Finkelman, Albany Law School; Stanley N. for Advanced Study; Nancy F. Cotton, Har- fornia; Ann Caylor, Ranchos de Taos, New Katz, Princeton University; Susan Strasser, vard University; Jon Butler, Yale Univer- Mexico; Thomas McClendon, Southwestern University of Delaware; Claudrena Harold, sity; Eric Thomas, Jacksonville University; University; Kim Lane Scheppele, Princeton University of Virginia; Pauline Maier, Mas- Elaine Tyler May, University of Minnesota; University; Ira Chernus, University of Colo- sachusetts Institute of Technology; Jeremy Jonathan McLeod, San Diego Mesa Commu- rado, Boulder; Mark Cammack, South- I. Adelman, Princeton University; Ann nity College; Thomas Zoumaras, Truman western Law School; Myra Rich, University Heiney, Newport Beach, California; Anthony State University. of Colorado, Denver; Tim Borstelmann, Uni- Grafton, Princeton University; Charles S. Michelle Mart, Pennsylvania State Univer- versity of Nebraska, Lincoln; Sara Evans, Maier, Harvard University; James sity, Berks; Mitch Kachun, Western Michi- University of Minnesota, retired; Gowri

VerDate Mar 15 2010 01:44 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A05JA6.040 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S22 CONGRESSIONAL RECORD — SENATE January 5, 2011 Ramachandran, Southwestern Law School; Senators could only vote on every other bill filibuster rule safeguards the rights of the Vicki Ruiz, University of California, Irvine; or that they could only vote on trade issues, minority. But when abused, as it has been by Fay A. Yarbrough, University of Oklahoma; for example, in the fourth year of their Senate Republicans who have called for 87 Harry Watson, University of North Carolina, term? such votes to end debate so far this year, it Chapel Hill; Pamela W. Laird, University of Rules of the Senate cannot trump the obvi- creates a tyranny of the minority. Colorado, Denver; Gloria Main, University of ous intention of the Founding Fathers that There are divisions in both parties on the Colorado, Boulder, emerita; Thomas R. legislation passed by majorities of both issue, in part because there are dangers for Clark, California Assembly Judiciary Com- houses, except for the explicit exceptions for both parties. Republicans are currently fili- mittee; Joshua Goode, Claremont Graduate ratification of treaties, becomes the law of bustering to stop any and all legislation— University; Marjorie Cohn, Thomas Jefferson the land. This is not a partisan question; and will not vote to end debate until they Law School. today the filibuster, real or threatened, succeed in winning tax breaks for the na- Mr. HARKIN. Mr. President, last dominates virtually every significant issue tion’s wealthiest citizens. Change the fili- month, our former colleagues, Gary confronting the Senate and our nation. The buster rule—one proposal calls for a simple law of political payback will ensure that to- majority vote—and Republicans will not so Hart, a Democrat, and Chuck Hagel, a day’s Senate majority, once it becomes the easily be able to block legislation supported Republican, published an essay in Time minority, will exact its revenge on today’s by the next session’s 53-Democrat majority. magazine calling on us to ‘‘restore de- opposition minority party. But if Republicans take the Senate in 2012— mocracy to the U.S. Senate’’ by re- Examples of recent abuse of the cloture and especially if there’s also Republican in forming the filibuster. In their words, rule include the 53 to 36 Senate vote to end the White House—Democrats could sorely re- the abuse of the filibuster ‘‘is no way tax cuts for the wealthy. Regardless, the gret their loss of the ability to filibuster. to govern a great democracy.’’ measure, like so many others (including an When, in his capacity as president of the I ask unanimous consent to have earlier attempt to repeal the military’s Senate, Vice President Joe Biden calls for ‘‘Don’t Ask, Don’t Tell’’ policy), failed under the Senate to write the rules governing the that essay printed in the RECORD. the threat of a filibuster. These and other ex- next session, Harkin and others believe that There being no objection, the mate- amples are clear violations of the funda- they will have at least 51 votes. Some of rial was ordered to be printed in the mental principle of majority rule. them may come from Republicans. The fili- RECORD, as follows: This is no way to govern a great democ- buster rule has rendered the Senate dysfunc- [From Time, Dec. 21, 2010] racy, not to say also a democracy seeking to tional and harmed the nation’s ability to RESTORING DEMOCRACY TO THE U.S. SENATE democratize other nations. deal with pressing issues. Ayotte should vote We believe the abuse of the cloture rule to change the filibuster rule, so the Senate (By Chuck Hagel and Gary Hart) ending debate is a violation of fundamental can once again be an effective legislative Few principles are as central to democracy Constitutional principles. Should a judicial body worthy of respect. and the ideals of the American Republic as test of this notion occur, it will at the least majority rule. Though James Madison and prove which of the current Supreme Court [From the Los Angeles Times, Dec. 28, 2010] his colleagues in The Federalist acknowl- Justices are, or are not, true ‘‘originalists.’’ A NUCLEAR SENATE edged the necessity of protecting the rights Resolutions have been introduced in the Sen- The U.S. Senate, once proudly known as of minorities, the course of our nation was to ate to alter the cloture rule and permit ma- the world’s greatest deliberative body, has in be determined by the will of the majority. jority rule, while continuing to protect the recent years degenerated into something No other system consistent with democracy rights of individual Senators. would prove workable. In the interest of the nation and the U.S. else: The place where legislation goes to die. There is nothing in the United States Con- Constitution, the Senate must once again be- It earned that distinction after Democrats stitution that permits a minority to frus- come a democratic institution. won a majority in 2006 and Republicans took trate the will of the majority. unprecedented advantage of long-standing Yet in the early 21st century, the will of Mr. HARKIN. Mr. President, edito- Senate rules allowing the minority to block the majority of Americans, expressed on a rialists from across the country have progress. daily basis by our elected representatives in recognized the filibuster must end. The There’s a good chance Democrats won’t Congress, is consistently thwarted by a mi- Concord Monitor of New Hampshire hold the majority much longer, however. nority in the United States Senate. This mi- called on the Senate to ‘‘Remove the That’s why both parties should be willing to nority resorts to the Senate rule requiring a Senate filibuster roadblock,’’ noting, eliminate such anti-democratic practices as three-fifths vote—60 votes—to close (invoke ‘‘The filibuster rule has rendered the the filibuster and the placing of secret holds cloture on) debate. on legislation. And an opportunity to do so, Article One, Section five, of the U.S. Con- Senate dysfunctional and harmed the which only comes along once every two stitution provides that ‘‘Each house [of Con- nation’s ability to deal with pressing years, is about to arrive. gress] may determine the rules of its pro- issues.’’ The filibuster originated in 1806, when the ceedings. . .’’ Based upon Thomas Jefferson’s The Los Angeles Times said ‘‘ . . . Senate eliminated a rule that had allowed notion that the Senate was to be the saucer both parties should be willing to elimi- the chamber to end debate by majority vote; in which controversies cooled, Senators nate such anti-democratic practices as in effect, that meant a senator or group of have, from the beginning, been at liberty to the filibuster. . . .’’ senators could delay progress by simply express their views at such length as they Editorials throughout the country talking incessantly. But that hardly ever happened in the 19th century. It wasn’t until wish. (Jefferson, it should be noted, was the have called for reform of the filibuster. author of the Manual of Parliamentary Pro- 1917 that the Senate decided to limit these cedures for the Use of the Senate of the I ask unanimous consent to have print- stemwinders by imposing a rule that debate United States in 1801.) But the Senate has al- ed in the RECORD these editorials. could be ended by a supermajority vote. ways recognized that even the principle of There being no objection, the mate- Since then there have been some other rule unlimited speech has its conditions based rial was ordered to be printed in the changes altering the vote threshold, along upon comity and common sense. RECORD, as follows: with frequent arguments about whether the Yet today the Senate conducts its busi- [From the Concord Monitor, Dec. 17, 2010] Senate should go back to its original rule al- ness, or not, under the constant threat of a lowing debate to be ended with a simple ma- REMOVE THE SENATE FILIBUSTER ROADBLOCK filibuster. Important legislative measures jority vote. We think it should. having to do with the vital interests of our (By Anonymous) Under the current system, senators don’t nation and the rights of our citizens will not On Jan. 5, 2011, the first day of the first even have to stand up and speak until even be introduced if a minority of Senate session of the 112th Congress, Iowa Sen. Tom they’re hoarse in order to filibuster a bill; a members refuse to permit them to be consid- Harkin and other Democrats promise to hold party leader just has to refuse to allow a bill ered. Thus, a rule to protect debate is sys- a historic vote to change the Senate’s 60- to be brought up by unanimous consent, tematically used to prevent debate. Even vote cloture rule. The vote to end the filibus- forcing supporters to find 60 votes in favor of worse, secret ‘‘holds’’ by individual Senators ters that have made the Senate a place a motion to end debate. Southern Democrats prevent confirmation of federal judges and where needed legislation and presidential ap- were the first to seriously misuse this tactic administration officials. pointments go to die could be the first of during the civil rights era, but Republicans Though the Senate filibuster rose to prom- Senator-elect Kelly Ayotte’s career. How she have perfected such abuse in the last three inence during civil rights debates in the 1950s votes will be telling. years. According to the good-government ad- and ’60s, it ran its course and the majority A super-majority voting requirement vocacy group Common Cause, which once de- prevailed. Today, it is commonplace and a makes sense in rare circumstances, ratifying fended the filibuster rule but now aims to matter of course for such a lock-step minor- a treaty for example or overriding a presi- eliminate it, 8% of major legislation was af- ity systematically to prevent consideration dential veto. But the filibuster rule is not in fected by threatened or actual filibusters in of the clear majority will. the Constitution; it’s an artifact that may the 1960s, compared with 70% since 2006. The The Constitution prevails over congres- have worked once but has broken and result is gridlock, which will only get worse sional rules. Can it be seriously argued that jammed the Senate. When used judiciously, now that the balance of partisan power is the Senate could adopt a rule that individual as it was throughout most of its history, the close to even.

VerDate Mar 15 2010 03:55 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A05JA6.044 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE January 5, 2011 CONGRESSIONAL RECORD — SENATE S23 Secret holds are another serious problem. Act? It had broad bipartisan support When I say ‘‘the minority,’’ I mean the They allow senators to anonymously block and big support among the American minority; I don’t mean a political bills or confirmations of presidential nomi- people. There was the DISCLOSE Act, party. nees from reaching the floor for an unlimited which polls showed that over 80 percent This is what James Madison noted time span, making naked obstructionism po- when rejecting a supermajority re- litically safe. It’s largely thanks to such of the American people supported. We holds that more than one in 10 federal judge- had a majority vote here for it, but we quirement to pass legislation: ships remain vacant and federal departments didn’t have a supermajority. So it is no . . . it would no longer be the majority still lack key staff two years into the Obama surprise that Americans are fed up and that would rule, the power would be trans- administration. Abuse of holds has become angry with their Federal Government. ferred to the minority. endemic in recent years, sometimes allowing In too many critical areas, people see a Unfortunately, Madison’s prediction a single senator to take the entire chamber legislature that is simply unable to re- has come true. We are the only Demo- hostage by placing holds on important legis- spond effectively to the most urgent cratic body that I know of in the world lation until backers agree to support that where the minority, not the majority, senator’s pet project. challenges of our time. Make no mistake, the problem goes controls. In today’s Senate, American The Constitution gives each chamber the democracy is turned on its head. The power to choose the rules governing its pro- beyond the sheer number of filibusters. cedures at the beginning of the two-year con- This once-rare tactic is now used or minority rules; the majority is gressional session, slated this year for Jan. 5. threatened to be used on virtually blocked. The majority has responsi- So why doesn’t the majority simply do away every measure and nominee, even those bility and accountability but lacks the with the filibuster rule, or amend it? Be- who may enjoy near universal support. power to govern. The minority has cause changing a long-standing rule requires In the past Congress, for nearly 8 power but lacks accountability and re- a two-thirds vote, an impossibly high hurdle. sponsibility. This means the minority Yet that supermajority rule may be invalid, months, the minority filibustered con- firmation of Martha Johnson as Ad- can block bills that would improve the as argued by then-Vice President Richard economy, create jobs, and turn around ministrator of the General Services Ad- Nixon in 1957: ‘‘The right of a current major- and blame the majority for not fixing ity of the Senate at the beginning of a new ministration—certainly a relatively the economy. The minority can block Congress to adopt its own rules, stemming as noncontroversial position. She was ul- popular legislation and then accuse the it does from the Constitution itself, cannot timately confirmed 96 to 0. So what be restricted or limited by rules adopted by majority of being ineffective. was that filibuster all about? And for I repeat, when I say ‘‘the minority,’’ a majority of the Senate in a previous Con- nearly 5 months, the minority filibus- gress,’’ he wrote. This is the basis of the so- I am not saying Republicans or Demo- called nuclear option (or as supporters prefer tered confirmation of Barbara Keenan crats; I am saying the minority, who- to call it, the ‘‘constitutional option’’). to the Fourth Circuit Court of Appeals. ever it may happen to be. Both parties Sen. Tom Udall (D–N.M.) is leading a push She was ultimately confirmed 99 to 0. have abused the filibuster in the past, to reform the filibuster rules on Jan. 5, a What was that filibuster all about? and both will, absent real reform, fight joined by assorted good-government Again, to quote Norm Ornstein: groups and labor unions. Last week, all the abuse the filibuster in the future. Al- The Senate has taken the term ‘‘delibera- though Republicans are currently in returning Senate Democrats sent a letter to tive’’ to a new level, slowing not just conten- Majority Leader Harry Reid (D-Nev.) ex- tious legislation but also bills that have the minority, there is no question that pressing frustration with the filibuster and overwhelming support. control of this body will change, as it urging a change to the rules, though they Secondly, the filibuster has increas- periodically does. weren’t specific about solutions (and it’s un- The fact is, reform is urgently need- ingly been used to prevent consider- likely many would favor eliminating the fili- ed. That is why I am reintroducing my ation of bills and nominees. Rather buster entirely—most seem to support weak- proposal which would permit a decreas- than to serve to ensure the representa- er reforms such as a lowering of the 60-vote ing majority of Senators over a period threshold). In order to change the rules by a tion of minority views and to foster de- of days to invoke cloture on a given simple majority vote, they would also need bate and deliberation, by filibustering matter. Under my proposal, a deter- the backing of Vice President Joe Biden, be- motions to proceed, the minority has cause as president of the Senate, the vice mined minority could slow down any been allowed to prevent debate and pre- bill. Senators would have ample time president has traditionally ruled when con- vent deliberation. The filibuster has stitutional questions about procedures are to make their arguments and attempt raised. been used to defeat bills and nominees to persuade the public and a majority Biden hasn’t taken a position, and not a without their ever receiving a discus- of their colleagues. This protects the single Republican has joined the effort. The sion here on the floor of the Senate. In rights of the minority to full and vig- apparent partisan split seems odd given that other words, the Senate, which was for- orous debate and deliberation, main- it was Republicans who most recently merly renowned as the world’s greatest taining the hallmark of the Senate. brought up the nuclear option when they deliberative body, has now become the were in the majority in 2005 and Democrats But at the end of ample debate, the world’s greatest nondeliberative body. majority should be allowed to act. were blocking President Bush’s judicial We can’t even debate important na- nominees, but a form of amnesia often sets There should be an up-or-down vote on in when a party is in the minority. For con- tional issues. legislation or a nominee. As former servatives, opposition is all the more short- That is why I fully support the com- Senator Henry Cabot Lodge, a Repub- sighted given that twice as many Demo- monsense proposals to reform the fili- lican, stated many years ago, ‘‘To vote cratic-held seats are up for reelection in 2012 buster and restore the Senate to a body without debating is perilous, but to de- as Republican seats. in which issues can be fully debated bate and never vote is imbecile.’’ Partisan fears about losing a cherished and deliberated. I support eliminating My plan has another advantage. The power have prevented the Senate from going the filibuster on the motion to proceed, fact is that right now, the minority has nuclear for decades, but abuses of the fili- and I believe those who are filibus- buster and anonymous holds have never been no incentive to compromise. Not only so rampant. The resulting dysfunction is a tering a bill or a nominee should be re- do they know they have the power to big part of the reason Congress’ approval rat- quired to come to the floor, hold the block legislation, but they can go out ing has fallen to 13%, the lowest in the his- floor, and make their case to their col- and campaign on the message that the tory of the Gallup Poll. The chamber has a leagues and the American people. Sen- majority can’t get anything done. In chance to save itself from itself on Jan. 5, ators should not be able to hide behind contrast, if the minority knows that at and it should take it. a curtain of secret holds. The reality the end of a period of time a bill or Mr. HARKIN. Mr. President, 275 fili- is, however, because of the filibuster, nominee will be subject to majority busters in 4 years is not just a cold sta- the minority has unchecked veto power vote, they will be more willing to come tistic; it represents the minority block- in this body. to the table and negotiate seriously. ing measures that sometimes—not all Now, I want to make it clear, when I Likewise, the majority would want to the time but sometimes—enjoy broad say ‘‘the minority,’’ I am not talking compromise because they want to save support among the American people. about the Republicans; I am talking time. There is nothing more valuable Just in the last Congress, the filibuster about the minority. It may be the to the majority party in the Senate was used to kill many bills that en- Democrats or it may be the Repub- than time. joyed majority and often bipartisan licans. As I said, five times it has So under my proposal, on the first support. Need I mention the DREAM changed since I have been—since 1985. cloture vote, you would need 60 votes.

VerDate Mar 15 2010 01:44 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A05JA6.038 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S24 CONGRESSIONAL RECORD — SENATE January 5, 2011 If you don’t get 60 votes, you would controlling the House, any final legis- would be needed to enact virtually any have another vote in 3 days and you lation will need to be bipartisan with piece of legislation or for any nominee. would need 57 votes; in 3 more days, 54 or without the filibuster. In fact, the Framers of the Constitu- votes; 3 more days, 51 votes. So the ma- So I don’t see reform of the filibuster tion were very clear about where a jority would finally act, but you would as a Democratic or Republican issue. supermajority is required. There were chew up almost 2 weeks of time. So on Indeed, it was former Republican ma- only five in the original Constitution: the first vote, let’s say 53 Senators jority leader Senator Frist who, when ratification of a treaty, override of a voted for cloture. Well, the minority he nearly shut this body down over the veto, votes of impeachment, passage of would know that in several days or use of filibusters on a handful of a constitutional amendment, and ex- maybe in a couple weeks’ time, 53 Sen- judges, said: pulsion of a Member. If they wanted to ators will get cloture. The minority This filibuster is nothing less than a for- have supermajorities, they would have then would go to the majority and say: mula for tyranny by the minority. said so. But it is not in the Constitu- Look, we can drag this out for a couple That was in 2004, Senator Frist, the tion. The filibuster is not in the Con- of weeks, chew up all your time, but we Republican majority leader at that stitution. have some things we would like to have time. The first Senate expressly included a considered. The majority—and I say Well, as I said, one of the problems rule permitting the majority to end de- there is nothing more important to the here was this was done in the middle of bate and bring a measure to a vote by majority than time here—not wanting a term. See, I think the Senate ought moving the previous question. I repeat: to spend a couple weeks on a bill, on a to be able to set its rules at the begin- The first Senate—the first Senate—had cloture or a filibuster, would say: OK, ning, on the first legislative day, which a rule that permitted the majority to we are in now and which will extend for maybe we can make an agreement. We end debate. Alexander Hamilton ex- some time. The Senate ought to be able will collapse the timeframe, the minor- plained that a supermajority require- to set its rules at the beginning of a ity gets some of the things they want, ment would mean a small minority Congress. You can’t go changing the and the majority is able then to have a could ‘‘destroy the energy of govern- vote. So I see my proposal as a means rules every month, but you should be able to set the rules at the beginning of ment.’’ of encouraging compromise. Right now, Hamilton said that the government a Congress so that you know for 2 years there is no reason to compromise for what the rules are that you are oper- would be subject to the ‘‘caprice or ar- the minority. tifices of an insignificant, turbulent or Again, I am not talking about Repub- ating under. So it is time for the arms race to end. corrupt junta.’’ Those are Hamilton’s licans or Democrats; I say ‘‘the minor- That is what this is—it is an arms race. words. ity’’ because they know they can abso- I daresay that if we don’t do anything Moreover, reform of filibuster rules lutely block it. about this, if the Republicans take con- stands squarely within the tradition of I have changed my resolution since I updating Senate rules as needed to fos- introduced it in 1995, and I have trol of the Senate, as they think they will in 2 years, well, Democrats are ter an effective government that can changed it because Republicans have going to do the same thing to them. respond to the challenges of the day. said and I heard the minority leader Guarantee it. Guarantee it. The Repub- The Senate has adopted rules that for- say earlier that they have done this be- licans did—what did I say?—136 filibus- bid the filibuster in certain cases, such cause Democrats in the majority—the ters—139? Bet your bottom dollar, if we as the War Powers Act and the budget. majority this time—have employed don’t change the rules, Democrats will Imagine that. What should be more de- procedural matters to deprive the Re- match them. You wait and see. batable than the budget? But our rules publicans of the right to offer amend- Well, a lot of people sometimes say: do not permit a filibuster of the budg- ments. Well, I am very sympathetic to Well, HARKIN, what you are advocating et. So we passed rules here limiting the this argument. That is why I included is the Senate would become like the filibuster. in this resolution a guaranteed right to House. I ask my friends and any Sen- Since 1917, we have passed four sig- offer germane amendments to the mi- ator on either side of the aisle, since nificant reforms concerning the fili- nority, filed in advance of the cloture when did the Senate become defined by buster. The fact is, as Senator TOM vote so everyone would know what was rule XXII, which is the filibuster? Why UDALL has powerfully made clear, arti- coming. Again, the minority should does that define the Senate? I thought cle I, section 5, clause 2 of the Con- have the right to offer some amend- the Senate was defined by the fact that stitution specifies that ‘‘each House ments that are germane to the bill. No you get two Senators from every may determine the rules of its pro- matter who the majority is, both par- State—two Senators from North Da- ceedings.’’ ties are concerned about amendments kota, two Senators from California, As Senator Robert Byrd, who was op- from the minority. Perhaps you have a two Senators from New York, two Sen- posed to filibuster reform—he and I had bill dealing with housing and someone ators from Iowa. I thought the Senate a great debate back in 1995 on this—as wants to offer an amendment dealing was defined by the fact that we have he emphasized, and he said this—Sen- with abortion. Well, there may be a unlimited debate. When a Senator gets ator Byrd: ‘‘At any time that 51 Sen- time and place for that but not on that the floor, you can’t take it away from ators are determined to change the bill. So that is why I say it should be him. We operate under unanimous con- rule . . . that rule can be changed.’’ germane to the bill. If the minority has sent. The power of one single Senator I am reading here from what Senator ideas to improve the bill, strike some- would remain. But in the Senate, what Byrd said. He said at that time: thing from the bill, that would be ger- do we do? We do treaties, we do nomi- The Constitution in article I, section 5 mane to that bill. nations, we sit in judgment on im- says that each House shall determine the I have heard it said—and I heard it peachments. The Senate is not like the rules of its proceedings. Now we are at the on the radio this morning driving in— House. And just because we don’t have beginning of Congress. This Congress is not that this is something like a power the filibuster as we have known it for obliged to be bound by the dead hand of the grab by a Democratic Senator reacting the last 94 years does not mean the past. to recent elections in which my party Senate becomes like the House. Elimi- ‘‘The dead hand.’’ lost numerous seats. Well, I want to nating the filibuster will not change I listened to the minority leader make clear that the reforms I advocate the basic nature of the Senate. So I say when he said we have—the majority are not about one party or one agenda to those who say the Senate would be has never changed rules except by fol- gaining an unfair advantage; it is like the House if we did away with this lowing those rules. The rules set down about the Senate as an institution op- filibuster, would they also suggest that by a Congress a long time ago, by a erating more fairly, effectively, and the Senate of Henry Clay or Daniel Senate a long time ago, said that in democratically. Again, I wish to point Webster or Lyndon Johnson or Everett order to change the rules, you need a out that I first offered this in 1995 when Dirksen was the same as the House of two-thirds vote of the Senate. I submit I was in the minority. So to use the Representatives? I don’t think so. that is unconstitutional. I submit that legal term, I come here with clean The fact is, what was never intended this Congress, this Senate, on this first hands. The truth is, with Republicans was that a supermajority of 60 votes legislative day, does not have to abide

VerDate Mar 15 2010 01:44 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.035 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE January 5, 2011 CONGRESSIONAL RECORD — SENATE S25 by that. What if, in some Senate, one People say that the tea party in the (See exhibit 1.) party got 90 Senators one time, and House—they are going to do all this Mr. ALEXANDER. I borrowed those they adopted a rule that said that from stuff. I am sorry, I am not afraid. The words from H.V. Kaltenborn and ‘‘Mr. here on out, you have to have 90 votes people voted. There ought to be things Smith Goes to Washington.’’ in order to change the rules, here are that happen because people vote a cer- I am a little amused by the sugges- the rules, and they set up rules that tain way. No wonder so many people tion the Senator from Iowa made and pretty much made it impossible for the are frustrated. They vote, they think others made that somehow the Senate minority to ever become the majority? things are going to happen, they don’t has been paralyzed for the last couple Would that be constitutional? I don’t happen, and they say: A pox on both of years. Most of the people I know are think so. your Houses. concerned about what the Senate did Senator Byrd said we are not obliged So, yes, I don’t know why we should do, not what it did not do. It is hard to to be bound by the dead hand of the be so afraid of each other. Why should say you are paralyzed when you pass a past. The first Senate, Senator Byrd I be afraid that the Republicans are $1 trillion stimulus bill, health care said, which met in 1789, approved 19 going to institute legislation I don’t law, financial regulation law, et cetera, rules by majority vote. Those rules like? They have in the past, and our et cetera. have been changed from time to time. country has endured. I would say there As far as the claim that Republicans So the Members of the Senate who met are times when the Democrats have are holding things up goes, I have a few in 1789 and approved that first body of passed legislation Republicans did not comments. We did not have a budget rules did not for one moment think or like and our country has endured. So I last year. Most households have to believe or pretend that all succeeding just do not like this fear, that we have have budgets. The Senate ought to Senates would be bound by that Sen- to be afraid that somehow the majority have one. Why didn’t we have a budget? ate. is going to do things. It wasn’t the Republicans holding it What we want to make sure of is that Here is the essence of what Senator up. As the Senator from Iowa said, the rights of the minority are guaran- Byrd said: under our rules, it only takes 51 votes teed—the right to be heard, the right of It is my belief—which has been supported to pass a budget. During the last cou- by rulings of Vice Presidents of both parties the minority to offer amendments. But ple of years, the Democrats had 59 or 60 and by votes of the Senate—in essence up- I don’t think it ought to be the right of votes. So the reason we did not have a holding the power and right of a majority of the minority to obstruct, and I don’t budget is because the Democrats did the Senate to change the rules of the Senate think it ought to be the right of the not want to pass a budget, or at least at the beginning of a new Congress. minority to demand that their views be that they did not pass a budget. It had I would say Senator Byrd has not implemented. That is the right of the nothing to do with the Senate being been alone in his views or tactics. The majority. ‘‘broken.’’ constitutional option has been en- I close where I began, and I thank my dorsed by three Vice Presidents and friends for this indulgence. I believe The Senator from Iowa made this three times by the Senate itself. Why the bedrock of the principle of our Con- Rules proposal in 1995. He has made was it not used? Because Senators then stitution, our Founders, was majority some modifications in his proposal but reached a compromise, and therefore rule with respect for minority rights. basically this is the same as he offered we never had the constitutional option. But I say this, and I have said it many in 1995. I remember those days pretty But that does not mean we cannot use times. It is kind of the dirty little se- well. It was right after the so-called that. The Constitution is very clear. I cret of the Senate. And here is the Gingrich revolution, in 1994. Repub- think three votes of the Senate and dirty little secret: The power of an in- licans took control of the Senate and three former Vice Presidents have dividual Senator comes not by what he of the House of Representatives. The made clear in their rulings that at the can do but by what he can stop. That is Senator from Iowa made his proposal beginning of a Congress, we can set the the dirty little secret of the Senate. to diminish the effectiveness of a fili- rules. One Senator can stop something, can buster. What did the Republicans do? Chief Justice John Marshall once block it. I say that each Senator—each The Republicans, had the most to said: of us needs to give up a little of our gain—at least temporarily—from being Any enduring Constitution must be able to privilege, give up a little of our power, able to get their agenda through the respond to the various crises of human af- give up a little of our prerogatives for Senate. But every single one opposed fairs. the greater good of this country. the proposal. Every single Republican I said many times that I don’t believe I yield the floor. Senator in 1995 said: No, we may love we can be a 21st-century superpower The PRESIDING OFFICER. The Sen- our agenda, but we do not want to bound by archaic rules of the 19th cen- ator from Tennessee. change the Senate. We don’t want to tury. We have to have a responsive gov- Mr. ALEXANDER. I thank the Sen- jeopardize the Senate as a forum for ernment, responding to the challenges ator from Iowa for his consistency over forcing consensus and protecting mi- of our time. the years with his proposal. I wonder if nority rights and letting the voices of I am not afraid. I say to my friends I can make a few remarks on his pro- all of the people be heard on the Senate on the Republican side, I am not afraid. posal, and if he has time, if he is still floor. What the minority leader said—he said here, maybe I will pose a question to Not only the Republican Senators in that at some time the Republicans him. I see the Senator from Kansas is 1995 had that opinion. Here are some might be in charge, and they might also here. He spent a lot of time on the things that were said mostly in 2005 by want to undo what the Democrats did, Rules Committee on this subject. He is Democratic leaders. There were some and the Democrats better be careful. one of our most forceful speakers on Republicans who had the same idea the That was in his op-ed piece in the Post the matter, and I would defer to him, Senator from Iowa has about dimin- this morning. I am not afraid of democ- and then I know there are other Sen- ishing the effectiveness of the fili- racy. I am not afraid of the votes of the ators—the Senator from Oregon, the buster. In this case, they wanted to di- people. If the people vote to put certain Senator from New Mexico—who have minish the use of filibusters on judicial conservatives in power, then they some proposals to offer. There may be nominations. There was great con- ought to have the right to govern. other Senators on the Republican side sternation because Democrats decided They ought to have the right to re- who come to the floor. to filibuster President Bush’s judges. I spond to the people of this country. First, I ask unanimous consent to didn’t like that either. This is what has The minority—I would be in the minor- have printed in the RECORD an address been said by Democrats. ity at that time—I think the minority I made yesterday at the Heritage Foun- Senator Robert Byrd in his last testi- ought to have the right to be heard, we dation entitled ‘‘The Filibuster: De- mony before the Rules Committee: ought to have the right to debate, we mocracy’s finest show . . . the right to We must never, ever, ever, ever tear down ought to have the right to amend, but talk your head off.’’ the only wall, the necessary fence, that this we should not have the right to totally The PRESIDING OFFICER. Without Nation has against the excesses of the Exec- obstruct. I am not afraid. objection, it is so ordered. utive Branch.

VerDate Mar 15 2010 01:44 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.037 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S26 CONGRESSIONAL RECORD — SENATE January 5, 2011 What is that necessary fence? That ideas, but we do not need his vote to House, as they did last year, passes a necessary fence is anchored in the fili- pass this bill. We have got the votes. bill to repeal the ballot in secret elec- buster. We won the election. We will write the tions then the Democrats over here Senator SCHUMER of New York in bill. will pass it, too, if they have 51 votes. 2005: So the Senate has had no consensus. But when a consensus is required, if The checks and balances which have been Instead, we had a Democratic financial bills such as that come from the House at the core of this Republic are about to be regulation bill. We had a Democratic to the Senate, we in the Senate say, evaporated. health care bill. We had a mostly whoa, let’s think this over. We do not This was in response to the Repub- Democratic stimulus bill. We might pass it. We do not pass it unless we licans who were trying to diminish the have had one or two Republicans vote have some kind of consensus. effectiveness of the filibuster in 2005. for it. That does not mean all the Repub- ‘‘The checks and balances’’ Senator For the last 2 years, we have not had licans and all of the Democrats must SCHUMER said, ‘‘which say that if you any experience in working across party always agree. We had almost all of the get 51 percent of the vote, you don’t lines. What the filibuster does is say, Republicans and some of the Demo- get your way 100 percent of the time.’’ you are not going to pass anything in crats on the tax agreement that was Former Senator Hillary Clinton: the Senate unless at least some Repub- passed in December. On the New You’ve got majority rule. Then you’ve got licans and some Democrats agree. You START treaty, we had almost all of the Senate over here where people can slow will not pass anything unless you get a the Democrats and some of the Repub- things down, where they can debate, where consensus. licans support it. But in each case, at they have something called the filibuster. Then that will change behavior, and least you had substantial consensus You know, it seems like it’s a little less than people say, okay, let’s bring a No Child from both parties, and I think the efficient. Well, that’s right, it is. And delib- Left Behind bill to the floor. But it has country respects and appreciates that. erately designed to be so. got to have the support of Senator ENZI I think the Framers knew what they Senator Dodd more recently: and Senator HARKIN or it is not going were doing when they created a I’m totally opposed to the idea of changing anywhere, because it has got to have 60 majoritarian House, in other words, the filibuster rules. I think that’s foolish, in votes to move forward. What is the ad- the freight train that can run through my view. vantage of that? The advantage of that whatever the result of election is. And Senator Byrd: is the comparison of the Civil Rights when they created a different kind of That’s why we have a Senate, to amend bill in 1964, and the health care law of Senate. A different kind of Senate that and debate freely. 2009. Senator Byrd eloquently has said has Senator Dodd: In 1964, after a bitter fight led by been one where we can say, you are not I can understand the temptation to change Senator Russell of Georgia, the Civil going to pass anything unless we do it the rules that make the Senate so unique Rights bill passed the Senate, over- together. That is called consensus. and simultaneously so terribly frustrating. coming a filibuster. The bill was writ- That is called cooperation. I think the But whether such temptation is motivated ten in the Republican leader’s office. It American people would be greatly re- by a noble desire to speed up the legislative was not just sent over there in the mid- lieved. process or by pure political expediency, I be- My question I wish to pose through lieve such changes would be unwise . . . dle of the night during Christmas, it Therefore, to my fellow Senators who was written in his office. You had the Chair to Senator HARKIN is, what is never served a day in the minority, I urge President Johnson, a Democrat, and a filibuster? Senator SANDERS was on you to pause in your enthusiasm to change Senator Dirksen saying, this is good the floor for several hours on the tax Senate rules. for the country. A lot of people hated debate last month. He spoke for 8 or 9 Just two more. the bill. And some people thought it hours. I guess that is a filibuster in the Senator REID, who was then the did not go far enough. traditional sense. But I think the kind Democratic leader but the minority What did Senator Russell do, who of filibuster the Senator from Iowa is leader, said in 2005: had fought that bill for his whole term counting is this: let’s say Senator REID The filibuster is far from a ‘‘procedural here? He went home to Georgia and brings a health care bill to the floor, gimmick.’’ It’s part of the fabric of this in- said, I did everything I could to stop it, and I rush over to offer an amendment stitution that we call the Senate. For 200 but it is the law, and we must obey it. to the health care bill, and Senator years we’ve had the right to extend the de- So not only does the Senate need a REID says: Sorry, I am going to cut off bate. It’s not procedural gimmick. Some in consensus to get a better bill, we need your amendment. Then I object. Sen- this chamber want to throw out 214 years of a bill that the country will accept. ator REID calls what I tried to do a fili- Senate history in the quest for absolute Compare that to the health care law power. They want to do away with Mr. buster. Smith, as depicted in that great movie, being in 2009. A lot of good intentions went If we are just talking and amending able to come to Washington. They want to into the health care law. I know that. and debating, that is not a filibuster. It do away with the filibuster. They think Senator HARKIN was in the middle of is not a filibuster until the majority they’re wiser than our Founding Fathers. I that, but the fact of the matter was leader cuts off debate and amendments. doubt that’s true. that it was a Democratic bill. It was So what the Democrats are counting as Then there was one other Senator rammed through Christmas Eve in the filibusters is the number of times they who spoke and who said this, the Sen- middle of the night. We barely had a have cut us off from doing what we are ator from Illinois, Senator Obama: chance to look at the bill, and it passed supposed to do, which is, amend and de- Then if the majority chooses to end the fil- with a solely partisan vote. bate. ibuster, if they choose to change the rules And what happened? Instead of ev- It is like being invited to sing on the and put an end to the Democratic debate, erybody going home and saying, it is Grand Ole Opry, and getting there and then the fighting and the bitterness and the the law of the land, we support it, an you are not allowed to sing. The people gridlock will only get worse. instant movement was created to re- of Tennessee do not expect me to come I think the last 2 years in the Senate peal it and replace it. I hope we will up here and sit on a log just because have been an aberration. We have had not do what Senator HARKIN suggests. I the distinguished majority leader says no incentive for the majority to take think his proposal will create a situa- he does not want my amendments. the ideas of the minority because the tion where the majority says: well, we What was traditional in the Senate is majority had these huge majorities, are going to hang you, but we will hang that Senators could offer amendments nearly 60 votes here, and a Democratic you in 3 days instead of tonight. They and debate, at almost any time, on al- President. will narrow it down until they can pass most any bill. In the days of Senator So when Senator CORKER, my col- a measure with 51 votes. Byrd and Senator Baker, they would league from Tennessee, began to work So if the Republican House of Rep- have 300 amendments filed. They would on the financial regulation bill, there resentatives passes a bill to repeal the start voting. So some Senators would came a time in the process where the health care law, then you know Senate say, well, it is Thursday, don’t we go Democrats said: Well, you know, we Republicans would pass it, too, if we home? The Leaders would say no, we like CORKER, and he has got some good have got 51 votes. Or if the Democratic are going to vote, unless you want to

VerDate Mar 15 2010 01:44 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.038 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE January 5, 2011 CONGRESSIONAL RECORD — SENATE S27 give up your amendment. Instead of The brazenness of this proposed action is afternoon why it is essential to our country doing that, we did not vote on one Fri- that Democrats are proposing to use the that cooler heads prevail tomorrow when the day in the Senate this past year, and a very tactics that in the past almost every Senate convenes. One good example Democrats might follow lot of Senators on both sides of the Democratic leader has denounced, including President Obama and Vice President Biden, is the one established by Republicans who aisle do not want to vote on controver- who has said that it is ‘‘a naked power grab’’ gained control of both the Senate and House sial issues. If we look for consensus, if and destructive of the Senate as a protector of Representatives in 1995. On the first day of we were willing to vote on controver- of minority rights. the new Republican majority, Sen. Harkin sial issues, and if we ended the 3-day The Democratic proposal would allow the proposed a rule change diluting the fili- work week, if the majority thinks the Senate to change its rules with only 51 votes, buster. Every single Republican senator minority is abusing the filibuster, they ending the historical practice of allowing voted against the change even though sup- can confront it. They can sit over there any senator at any time to offer any amend- porting it clearly would have provided at and they can say to us, okay, Senator ment until sixty senators decide it is time to least a temporary advantage to the Repub- end debate. lican agenda. ALEXANDER, 60 of us are ready to cut As Investor’s Business Daily wrote, ‘‘The Here is why Republicans who were in the this off. We are ready to get on to a Senate Majority Leader has a plan to deal majority then, and Democrats who are in the vote. So you have got 7 hours that you with Republican electoral success. When you majority today, should reject a similar rules can speak, then you have got to get 23 lose the game, you simply change the rules. change: other Senators to take the other hours. When you only have 53 votes, you lower the First, the proposal diminishes the rights of If you stop talking, we are going to put bar to 51.’’ This is called election nullifica- the minority. In his classic Democracy in the question to a vote, and we have got tion. America, Alexis de Tocqueville wrote that some motions we can make about your Now there is no doubt the Senate has been one of his two greatest fears for our young reduced to a shadow of itself as the world’s democracy was the ‘‘tyranny of the major- being dilatory. In other words, we can greatest deliberative body, a place which, as ity,’’ the possibility that a runaway major- make life miserable for you, because Sen. Arlen Specter said in his farewell ad- ity might trample minority voices. we are going to do this all night long. dress, has been distinctive because of ‘‘the Second, diluting the right to debate and Senator Byrd said in his last testi- ability of any Senator to offer virtually any vote on amendments deprives the nation of a mony: The rules exist today to con- amendment at any time.’’ valuable forum for achieving consensus on front a filibuster. But the demise of the Senate is not be- difficult issues. The founders knew what So my question to the Senator from cause Republicans seek to filibuster. The they were doing when they created two very Iowa which I would pose through the real obstructionists have been the Demo- different houses in Congress. Senators have Chair is: What is a filibuster? Is a fili- cratic majority which, for an unprecedented six-year terms, one-third elected every two years. The Senate operates largely by unani- buster when I come down to the floor number of times, used their majority advan- tage to limit debate, not to allow amend- mous consent. There is the opportunity, un- to amend the health care bill, and the ments and to bypass the normal committee paralleled in any other legislative body in majority leader says, sorry, I am going consideration of legislation. the world, to debate and amend until a con- to use my powers to cut it off? You To be specific, according to the Congres- sensus finally is reached. This procedure cannot amend the bill. And then he sional Research Service: takes longer, but it usually produces a better files cloture. 1. the majority leader has used his power result—and a result the country is more That is what he calls a filibuster, I to cut off all amendments and debate 44 likely to accept. For example, after the Civil think. What I call it is cutting off my times—more than the last six majority lead- Rights Act of 1964 was enacted, by a bipar- right to amend, right to debate, right ers combined; tisan majority over a filibuster led by Sen. 2. the majority leader has moved to shut to do my job. Russell of Georgia, Sen. Russell went home down debate the same day measures are con- to Georgia and said that, though he had EXHIBIT 1 sidered (same-day cloture) nearly three fought the legislation with everything he THE FILIBUSTER: ‘‘DEMOCRACY’S FINEST SHOW times more, on average, than the last six had, ‘‘As long as it is there, it must be ... THE RIGHT TO TALK YOUR HEAD OFF’’ majority leaders; obeyed.’’ Compare that to the instant repeal (Address by Senator Lamar Alexander, 3. the majority leader has set the record effort that was the result of jamming the Heritage Foundation, Jan. 4, 2011) for bypassing the committee process bring- health care law through in a partisan vote. Voters who turned out in November are ing a measure directly to the floor 43 times Third, such a brazen power grab by Demo- going to be pretty disappointed when they during the 110th and 111th Congresses. crats this year will surely guarantee a simi- learn the first thing some Democrats want Let’s be clear what we mean when we say lar action by Republicans in two years if Re- to do is cut off the right of the people they the word ‘‘filibuster.’’ Let’s say the majority publicans gain control of the Senate as many elected to make their voices heard on the leader brings up the health care bill. I go believe is likely to happen. We have seen this floor of the U.S. Senate. down to the floor to offer an amendment and happen with Senate consideration of judges. In the November elections, voters showed speak on it. The majority leader says ‘‘no’’ Democrats began the practice of filibus- that they remember the passage of the and cuts off my amendment. I object. He tering President Bush’s judges even though health care law on Christmas Eve, 2009: mid- calls what I tried to do a filibuster. I call they were well-qualified; now Democrats are night sessions, voting in the midst of a snow what he did cutting off my right to speak unhappy because many Republicans regard storm, back room deals, little time to read, and amend which is what I was elected to do. that as a precedent and have threatened to amend or debate the bill, passage by a So the problem is not a record number of fili- do the same to President Obama’s nominees. straight party line vote. busters; the problem is a record number of Those who want to create a freight train It was how it was done as much as what attempts to cut off amendments and debate running through the Senate today, as it does was done that angered the American people. so that minority voices across America can- in the House, might think about whether Minority voices were silenced. Those who not be heard on the floor of the Senate. they will want that freight train in two didn’t like it were told, ‘‘You can read it So the real ‘‘party of no’’ is the majority years if it is the Tea Party Express. after you pass it.’’ The majority’s attitude party that has been saying ‘‘no’’ to debate, Finally, it is hard to see what partisan ad- was, ‘‘We won the election. We’ll write the and ‘‘no’’ to voting on amendments that mi- vantage Democrats gain from destroying the bill. We don’t need your votes.’’ nority members believe improve legislation Senate as a forum for consensus and protec- And of course the result was a law that a and express the voices of the people they rep- tion of minority rights since any legislation majority of voters consider to be an historic resent. In fact, the reason the majority lead- they jam through without bipartisan support mistake and the beginning of an immediate er can claim there have been so many fili- will undoubtedly die in the Republican-con- effort to repeal and replace it. busters is because he actually is counting as trolled House during the next two years. Voters remembered all this in November, filibusters the number of times he filed clo- *** but only 6 weeks later Democratic senators ture—or moved to cut off debate. The reform the Senate needs is a change in seemed to have forgotten it. I say this be- Instead of this power grab, as the new Con- its behavior, not a change in its rules. I have cause on December 18, every returning gress begins, the goal should be to restore talked with many senators, on both sides of Democratic senator sent Senator Reid a let- the Senate to its historic role where the the aisle, and I believe most of us want the ter asking him to ‘‘take steps to bring [Re- voices of the people can be heard, rather same thing: a Senate where most bills are publican] abuses of our rules to an end.’’ than silenced, where their ideas can be of- considered by committee, come to the floor When the United States Senate convenes fered as amendments, rather than sup- as a result of bipartisan cooperation, are de- tomorrow, some have threatened to try to pressed, and where those amendments can be bated and amended and then voted upon. change the rules so it would be easier to do debated and voted upon rather than cut off. It was not so long ago that this was the with every piece of legislation what they did To accomplish this, the Senate needs to standard operating procedure. I have seen with the health care bill: ram it through on change its behavior, not to change its rules. the Senate off and on for more than forty a partisan vote, with little debate, amend- The majority and minority leaders have been years, from the days in 1967 when I came to ment, or committee consideration, and with- in discussion on steps that might help ac- the Senate as Sen. Howard Baker’s legisla- out listening to minority voices. complish this. I would like to discuss this tive assistant. That was when each senator

VerDate Mar 15 2010 01:44 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.039 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S28 CONGRESSIONAL RECORD — SENATE January 5, 2011 had only one legislative assistant. I came committee, when more amendments were and hold up almost every bill going through back to help Sen. Baker set up his leadership considered, debated and voted upon? until its sponsor obtained his approval. Sen. office in 1977 and watched the way that Sen. 1. Recognize that there has to be bipar- Allen of Alabama did the same before Baker and Sen. Byrd led the Senate from tisan cooperation and consensus on impor- Metzenbaum. And Sen. John Williams of 1977 to 1985, when Democrats were in the ma- tant issues. The day of ‘‘we won the election, Delaware during the 1960’s was on the floor jority for the first four years and Repub- we jam the bill through’’ will have to be regularly objecting to federal spending when licans were the second four years. over. Sen. Baker would not bring a bill to I first came here forty years ago. Then, most pieces of legislation that came the floor when Republicans were in the ma- *** to the floor had started in committee. Then jority unless it had the support of the rank- I have done my best to make the argument that legislation was open for amendment. ing Democratic committee member. that the Senate and the country will be There might be 300 amendments filed and, 2. Recognize that senators are going to served best if cooler heads prevail and Demo- after a while, the majority would ask for have to vote. This may sound ridiculous to crats don’t make their power grab tomorrow unanimous consent to cut off amendments. say to an outsider, but every Senate insider to make the Senate like the House, to per- Then voting would begin. And voting would knows that a major reason why the majority mit them to do with any legislation what continue. cuts off amendments and debate is because they did with the health care law. I have said The leaders would work to persuade sen- Democratic members don’t want to vote on that to do so will destroy minority rights, ators to limit their amendments but that controversial issues. That’s like volun- destroy the essential forum for consensus didn’t always work. So the leaders kept the teering to be on the Grand Ole Opry but then that the Senate now provides for difficult Senate in session during the evening, during claiming you don’t want to sing. We should issues, and surely guarantee that Repub- Fridays, and even into the weekend. Sen- say, if you don’t want to vote, then don’t run licans will try to do the same to Democrats ators got their amendments considered and for the Senate. in two years. More than that, it is hard to the legislation was fully vetted, debated and 3. Finally, according to Sen. Byrd, it will see how Democrats can gain any partisan ad- finally passed or voted down. be the end of the three-day work week. The vantage from this destruction of the Senate Sen. Byrd knew the rules. I recall that Senate convenes on most Mondays for a so- and invitation for retribution since any bill when Republicans won the majority in 1981, called bed-check vote at 5:30. The Senate they force through the Senate in a purely Sen. Baker went to see Sen. Byrd and said, during 2010 did not vote on one single Friday. partisan way during the next two years will ‘‘Bob I know you know the rules better than It is not possible either for the minority to surely be stopped by the Republican-con- I ever will. I’ll make a deal with you. You have the opportunity to offer, debate and trolled House of Representatives. don’t surprise me and I won’t surprise you.’’ vote on amendments or for the majority to But I am not the most persuasive voice Sen. Byrd said, ‘‘Let me think about it.’’ forcefully confront a filibuster if every sen- against the wisdom of tomorrow’s proposed And the next day Sen. Byrd said yes and ator knows there will never be a vote on Fri- action. Other voices are. And I have col- the two leaders managed the Senate effec- day. lected some of them, mostly Democratic tively together for eight years. There are some other steps that can be leaders who wisely argued against changing What would it take to restore today’s Sen- taken to help the Senate function better the institution of the Senate in a way that ate to the Senate of the Baker-Byrd era? without impairing minority rights. would deprive minority voices in America of Well, we have the answer from the master One bipartisan suggestion has been to end their right to be heard: the practice of secret holds. It seems reason- of the Senate rules himself, Sen. Byrd, who From Mr. Smith Goes to Washington able to expect a senator who intends to hold in his last appearance before the Rules Com- Jimmy Stewart: Wild horses aren’t going mittee on May 19, 2010 said: ‘‘Forceful con- up a bill or a nomination to allow his col- leagues and the world know who he or she is to drag me off this floor until those people frontation to a threat to filibuster is un- have heard everything I’ve got to say, even if doubtedly the antidote to the malady [abuse so that the merits of the hold can be evalu- ated and debated. it takes all winter. of the filibuster]. Most recently, Senate Ma- Second, there is a crying need to make it Reporter: H.V. Kaltenborn speaking, half jority Leader Reid announced that the Sen- easier for any President to staff his govern- of official Washington is here to see democ- ate would stay in session around-the-clock ment with key officials within a reasonable racy’s finest show. The filibuster—the right and take all procedural steps necessary to period of time. One reason for the current to talk your head off. bring financial reform legislation before the delay is the President’s own fault, taking an Sen. Robert Byrd’s final appearance in the Senate. As preparations were made and cots inordinately long time to vet his nominees. Senate Rules Committee rolled out, a deal was struck within hours Another is a shared responsibility: the maze SENATOR ROBERT BYRD: We must and the threat of filibuster was with- of conflicting forms, FBI investigations, IRS never, ever, ever, ever, tear down the only drawn.... I also know that current Senate audits, ethics requirements and financial wall, the necessary fence, that this nation Rules provide the means to break a fili- disclosures required both by the Senate and has against the excesses of the Executive buster.’’ the President of nominees. I spoke on the Branch. Sen. Byrd also went on to argue strenu- Senate floor on this, titling my speech ‘‘In- SEN. CHUCK SCHUMER: The checks and ously in that last speech that ‘‘our Founding nocent until Nominated.’’ The third obstacle balances which have been at the core of this Fathers intended the Senate to be a con- is the excessive number of executive branch Republic are about to be evaporated. The tinuing body that allows for open and unlim- appointments requiring Senate confirma- checks and balances which say that if you ited debate and the protection of minority tion. There have been bipartisan efforts to get 51% of the vote, you don’t get your way rights. Senators,’’ he said, ‘‘have understood reduce these obstacles. With the support the 100% of the time. this since the Senate first convened.’’ majority and minority leaders, we might FORMER SEN. CLINTON: You’ve got ma- Sen. Byrd then went on: ‘‘In his notes of achieve some success. jority rule. Then you’ve got the Senate over the Constitutional Convention on June 26, Of course, even if all of these efforts suc- here where people can slow things down 1787, James Madison recorded that the ends ceed there still will be delayed nominations, where they can debate where they have to be served by the Senate were ‘first, to pro- bills that are killed before they come to the something called the filibuster. You know it tect the people against their rulers, sec- floor and amendments that never see the seems like it’s a little less than efficient, ondly, to protect the people against the tran- light of day. But this is nothing new. I can well that’s right, it is. And deliberately de- sient impressions into which they them- well remember when Sen. Metzenbaum of signed to be so. selves might be led. . . They themselves, as Ohio put a secret hold on my nomination SEN. DODD: I’m totally opposed to the well as a numerous body of Representatives, when President George H.W. Bush appointed idea of changing the filibuster rules. I think were liable to err also, from fickleness and me education secretary. He held up my nom- that’s foolish in my view. passion. A necessary fence against this dan- ination for three months, never really saying SEN. BYRD: That’s why we have a Senate, ger would be to select a portion of enlight- why. is to amend and debate freely. ened citizens, whose limited number, and I asked Sen. Rudman of New Hampshire SEN. ALEXANDER: The whole idea of the firmness might seasonably interpose against what I could do about Sen. Metzenbaum, and Senate is not to have majority rule. It’s to impetuous councils.’ That fence,’’ Sen. Byrd he said, ‘‘Nothing.’’ And then he told me how force consensus. It’s to force there to be a said in that last appearance, ‘‘was the United President Ford had appointed him to the group of Senators on either side who have to States Senate. The right to filibuster an- Federal Communications Commission when respect one another’s views so they work to- chors this necessary fence. But it is not a he, Rudman, was Attorney General of New gether and produce 60 votes on important right intended to be abused.’’ Hampshire. The Democratic senator from issues. ‘‘There are many suggestions as to what New Hampshire filibustered Rudman’s ap- SEN. DODD: I can understand the tempta- we should do. I know what we must not do. pointment until Rudman finally asked the tion to change the rules that make the Sen- We must never, ever, ever, ever tear down president to withdraw his name. ate so unique and simultaneously so terribly the only wall—the necessary fence—this na- ‘‘Is that the end of the story?’’ I asked frustrating. But whether such temptation is tion has against the excess of the Executive Rudman. motivated by a noble desire to speed up the Branch and the resultant haste and tyranny ‘‘No,’’ he said. ‘‘I ran against the [so-and- legislative process or by pure political expe- of the majority.’’ so] and won, and that’s how I got into the diency, I believe such changes would be un- What would it take to restore the years of Senate.’’ wise. Sens. Baker and Byrd, when most bills that During his time here Sen. Metzenbaum SEN. ROBERTS: The Senate is the only came to the floor were first considered in would sit at a desk at the front of the Senate place in government where the rights of a

VerDate Mar 15 2010 03:55 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A05JA6.052 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE January 5, 2011 CONGRESSIONAL RECORD — SENATE S29 numerical minority are so protected. A mi- being enacted I do not think is right. out. But there were some things in the nority can be right, and minority views can So I would say to my friend that I do bill that Senators not on our com- certainly improve legislation not think the health care bill is a good mittee, and maybe one Senator on our SEN. ALEXANDER: The American people committee, did not like. So we had to know that it’s not just the voices of the Sen- example. ator from Kansas or the Senator from Iowa I say to my friend, he quoted some- work through the ensuing months to that are suppressed when the Majority Lead- one, I think maybe it may have been get everybody onboard and to work it er cuts off the right to debate, and the right Senator REID, saying, do people think out, which is fine. I have no problems to amend. It’s the voices that we hear across they are wiser than our Founding Fa- with that. That is the legislative proc- this country, who want to be heard on the thers. Please show me where our ess. I have patience. As my friend from Senate floor. Founding Fathers ever set up a system Kansas knows, I have a lot of patience SEN. GREGG: You just can’t have good where the Senate could have unlimited working on farm bills. They take time. governance if you don’t have discussion and But we worked it all out. And yet one different ideas brought forward. debate? They never did that. It is not SEN. DODD: Therefore to my fellow Sen- in the Constitution. Senator, one Senator who really dis- ators, who have never served a day in the mi- As I pointed out, the first Senate ac- agreed with it, was able to hold it up nority, I urge you to pause in your enthu- tually had the motion, the previous from coming on the floor. We finally siasm to change Senate rules. question, to cut off debate. And they got it on the floor, but it took almost SEN. REID: The Filibuster is far from A did not set up a majoritarian House. a year. One Senator was able to do ‘Procedural Gimmick.’ It’s part of the fabric Article I section 5, I say to my friend that. of this institution that we call the Senate. from Tennessee, article I, section 5 is So I say, one Senator should be able For 200 years we’ve had the right to extend very clear. Each House sets up its to have the right to offer amendments, the debate. It’s not procedural gimmick. to be heard, but not to stop everything. Some in this chamber want to throw out 214 rules. If the new majority in the House years of Senate history in the quest for abso- wanted to, they could set up rules to be I guess that is what I come down to, I lute power. They want to do away with Mr. like the Senate. They could do that. say to my friend from Tennessee, that Smith, as depicted in that great movie, being They could set up rules however they there ought to be a—I think there is a able to come to Washington. They want to wanted, as long as they were constitu- reason and a good reason for the Sen- do away with the filibuster. They think tional. I suppose someone could take it ate to be that saucer that cools things they’re wiser than our Founding Fathers, I to court to see if it was constitutional. down, the story about Jefferson and doubt that’s true. But they do not have to operate under Washington. But it should be at some FORMER SEN. OBAMA: Then if the Major- point in time where the majority has ity chooses to end the filibuster, if they those rules. We do not have to operate choose to change the rules and put an end to under these rules. The Constitution not only the authority but the power Democratic debate, then the fighting and the gives us the right to change those to act after a due consideration and a bitterness and the gridlock will only get rules. due period of time. worse. Our Founding Fathers never set up I believe, I say to my friend in all The PRESIDING OFFICER. The Sen- this system, by the way, never. There sincerity, that will promote more com- ator from Iowa. is no mention of it anywhere in the promise than the present system. You Mr. HARKIN. I will respond to my Constitution. They did not set up a may disagree, but I feel that would. I friend from Tennessee who makes co- majoritarian House, they set up article am not trying to take away com- gent arguments, as he always does. He I, section 5, which said each House can promise. I believe in compromise. I be- is a good friend of mine, and we have set up its own rules. But then in the lieve in working things out. As chair- worked together on a lot of things. I Constitution, they outlined certain man of the Agriculture Committee for two farm bills, we worked things out. I hope this is the beginning of some col- prerogatives. The Senate has certain am sure there were things in the farm loquies we can have here. I do want to prerogatives, the House has certain bill that the Senator from Kansas did indulge and let other Senators have prerogatives, such as, for example, all not like, and there were things in there their say because they were so kind to bills of revenue have to originate in the that I did not like, even though I was let me have my say too. But I intend to House, not in the Senate. Treaties are chairman. But you work these things be here as long as anybody wants to done by the Senate, not by the House. out. You compromise and you get say anything or to engage in some col- But they never set up any kind of things done. So I believe in that spirit loquies here on the Senate floor. majoritarian type of thing. of compromise. But I think what we I say to my friend from Tennessee, I say to my friend, on the filibuster, have here now—and that escalating that as I listened to him, and I did very I think there is a reason for a fili- arms race—is doing away with that carefully, there are a couple of things I buster. I think there ought to be fili- spirit of compromise and working want to point out in terms of this idea busters. I think there ought to be things out and moving things. That is of a filibuster and being able to amend times when the minority can slow why I think we have to change the things. My friend referred many times down things in order to get their views to the health care bill. I do not know if rules. heard, or in order for them to be able I do not know if I adequately re- my friend said this, but I have heard it to offer amendments, to make the bill sponded to my friend from Tennessee, said that we wrote it behind closed better, in their views. That is the right but these were my thoughts at the end. doors and all of that kind of stuff. of the minority. I am looking forward to other com- Let me point out that when it came I do not think it is the right of any ments from other Senators and engag- to our committee, the HELP Com- minority—I say minority. When I say ing in our colloquies. I promise I will mittee, we had 13 days of markup, 54 that, I am not talking about Repub- not take so long. hours. We allowed any amendment to licans. I am saying any minority here. The PRESIDING OFFICER. The Sen- be offered. The Senator is a member of I do not think it is the right of any mi- ator from Kansas. that committee. We allowed any Sen- nority here to say, if I do not get my Mr. ROBERTS. Mr. President, I ator on our committee to offer any way, I am going stop everything. That thank my colleagues for their perti- amendment. We adopted 161 Republican is kind of what I see happening around nent remarks. amendments, either through some here. If I do not get my way, one Sen- The Senator from Iowa said in the votes, which they won, or through just ator can stop things. past he had entered into a colloquy adopting the amendments. Then after I point out one other bill, I say to my with colleagues on our side of the aisle that, after all of that, all Republicans friend from Tennessee, that I thought where they wandered over into each voted no. That is fine. There are a lot was a great bipartisan bill. We worked other’s pastures. I am going to put of times I know in the past when I have hard on it in our committee. The Sen- down this microphone for a moment had an amendment on a bill which I ator from Tennessee was instrumental. and speak from here in a gesture of bi- thought improved it, but overall I did That was the food safety bill. We re- partisanship on how we can improve not like the bill, and I voted against it. ported it out of our committee a year the Senate. I think that is the right of the minor- ago in November, unanimous vote. Ev- I know we have heard a lot of talk ity. But then to obstruct it and to try eryone voted for it, Republicans and about Robert C. Byrd, a beloved indi- to obstruct it to keep it from even Democrats on our committee. We got it vidual. I know the Presiding Officer

VerDate Mar 15 2010 01:44 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A05JA6.054 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S30 CONGRESSIONAL RECORD — SENATE January 5, 2011 was very close to the former Senator. SCHUMER know that we had defeated since 2003. In sum, the DREAM Act, a The last time Bob Byrd spoke publicly his amendment as well. He wasn’t too controversial measure with very pas- was in the rules committee, when he happy with that. sionate beliefs on both sides of the rose to the occasion in a very pas- I just showed that the process has aisle and within the parties as well had sionate way. The chairman, of course, broken down to the point that even in not had an amendment offered to it in CHUCK SCHUMER, the Senator from New committee, if you had two amend- either House of Congress either in com- York, with great deference recognized ments, if you had five, if you had one, mittees or on the floor. Senator Byrd. We were all on the edge you were simply ignored. Then the Some may believe the DREAM Act is of our chairs. The Senator from Ten- health care act came to the floor and perfect or certainly is the best bill pos- nessee has already gone over what Sen- worked its way. I think the Senator sible and would not need any amend- ator Byrd said at that time and pre- from Tennessee brought up the ‘‘Grand ments to improve it. But, obviously, viously. But I remember when I first Ole Opry.’’ I saw it as making a bill be- our constituents don’t feel that way. It came to the Senate, it was required hind closed doors. That is a famous is a very controversial bill. Instead of that we go to school, so to speak, and country western song. We didn’t like addressing their concerns, the majority Senator Byrd talked to all of the fresh- that process at all. shut down debate and amendments and men at that particular time. I finally had only one other recourse in the process shut down the rights of The keeper of the institutional flame and that was to go to the reconcili- Americans to be heard. As a result, the was the tag I put on Senator Byrd. My ation process, which I knew was not minority refused to end debate and, ob- wife Franki and I became very close going to be successful, but I had sev- viously, there was a filibuster. It would friends of the Senator. At any rate, he eral amendments, all were defeated. be interesting to know, of the times recounted the story attributed to Jef- My main concerns about the health that bills have been filibustered, what ferson and Washington, he would tell care bill were not allowed, as far as I was being filibustered. every incoming class about the role of was concerned, on the floor of the Sen- Contrast this with the approach the people’s House and perhaps what ate, and that has happened a lot. taken on the 9/11 bill which the major- happened, when they put the coffee pot Now we are seeing an effort to repeal ity sought to pass just a few days later. on in regards to legislation, that the the health care act and also an effort The goal of providing help to the vic- coffee was so hot it would boil over, to try to fix it, if we possibly can. I am tims of 9/11 is one Members of both par- and it was the Senate’s duty to act as not as upset about that as some people ties share, but Senate Republicans the saucer, as folks did back in West are because I think we could get the noted that the particular version of the Virginia in the earlier days, or Kansas proper kind of debate, but the debate bill Senate Democrats supported was or Iowa or Tennessee or Texas, that must proceed in regular order and problematic in regards to how much money we were spending and certainly they would pour the coffee out in the under the standing rules of the Senate would need improvement. saucer and let it cool off a little bit so as a continuing body. I am not going to go into the quotes So we insisted on having our con- they could put their biscuit in it and cerns addressed. Most of them were ad- actually eat it, and then the legislation by Senator Byrd. That has already been done by Senator ALEXANDER. But dressed with a revised bill on which we would pass. did provide input. That bill passed the The problem is, sometimes on our I would like to quote Senator Dodd in Senate by unanimous consent, and side maybe we want tea, maybe we his valedictory speech. even the proponents of the original leg- want to start over. I think the Senator The history of this young democracy, the islation would admit that the final bill from Tennessee basically hit the nail Framers decided, should not be written sole- is a better one and now enjoys broader on the head with the massive three. If ly in the hand of the majority. This isn’t about the filibuster. That support due to the minority’s input. we are going to talk about getting What I think the majority needs to is the most important statement he things done or not getting things done, do is involve the minority like it did on made. there are three massive things that the 9/11 bill, not shut us out, not shut have happened with regard to legisla- What will determine whether this institu- us down as it did on the DREAM Act tion. I say ‘‘massive’’ because they tion works or not is whether each of the 100 Senators can work together. and other acts. were so overreaching, so overwhelming, If that happened, if we did not fill the we are now just learning what their How can we do that? Here is a classic tree, I think possibly 75 percent, 80 per- implications are. The massive three example. Right before Christmas, there cent of the filibusters would go away. are financial regulatory reform, the were several bills the majority wanted There are some who would like to fili- health care act, and the stimulus. to pass without allowing the minority buster anything, I know. But it gets Now the health care act, I have a per- and the American people the right to back to what the Senator asked: Why sonal feeling about that in that I had debate or amend them. So the tree was are we here? It is important to pass 11 amendments, all on rationing. filled, and that is the parliamentary legislation. But it is equally important By the way, the Senate never con- language to say: I am sorry, we are to prevent bad legislation from passing firmed the nomination of Dr. Donald going to cut off debate. In the first or, if you have an alternative you Berwick, the head of CMS, the Center three years and four months of this would like to offer, to at least have the for Medicare and Medicaid Services. We majority, the use of filling the tree ability to do so. planned to ask a lot of questions to the went up over 300 percent compared to In the last 2 years that process has doctor because of statements he made the average for the previous 22 years. simply broken down. Why can’t we in the past. Obviously, that confirma- Ninety-eight times in the 110th Con- work together? That is what Senator tion did not happen. He was a recess gress, cloture was filed the moment the Dodd said. He asked whether each of appointment. That is something I question was raised on the floor. A de- the 100 Senators can work together. think we ought to deal with as well. bate was not even allowed to take That was on the question of filibusters. Now, the health care act, it was 12:30 place. So on one hand you can talk We can stop this business of secret in the morning in the Finance Com- about filibusters; the other hand is fill- holds. It seems to me we could have a mittee. I had several amendments, all ing the tree, or not allowing Members timely pace on nominations. It seems on rationing. Finally, we got to the to offer amendments, and same day to me we could certainly end these re- last two. I said: Why don’t we consider clotures. cess appointments where people who them en bloc? I had about a minute or The Senator from Tennessee offered should be confirmed have to go through two to explain each amendment. They the classic example. Let’s go back to a the confirmation process instead of all were voted down automatically on a few days ago, right before Christmas. of a sudden parachuting somebody in party-line vote. By the time we got to The DREAM Act was a House bill. I who is controversial and now we have 12:30 or 1 o’clock and my amendments, know the Senate leadership wanted to over 100,000 regulations pouring out of I noticed Senator SCHUMER was in the pass it. It never had a legislative hear- the Department of HHS. Health care room so I stuck on one of his amend- ing in the House, never had a markup providers throughout the Nation—in ments along with mine. It was defeated in the House. The Senate version of the Iowa, Tennessee, Kansas—are won- on a party-line vote. Then I let Senator DREAM Act had not had a markup dering what on Earth is happening.

VerDate Mar 15 2010 03:55 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.041 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE January 5, 2011 CONGRESSIONAL RECORD — SENATE S31 When I go home, I don’t get the ques- to achieve cost containment, and it in- doing the job we could do, and we tion of why a bill didn’t pass. I get the volved several of the commissions that should do better, and I stand ready to question: What on Earth are you guys have been in the bill. I regret that bill work with all concerned to see if we doing back there passing all the legis- sort of sat somewhere and collected can do that. lation with all the regulatory stuff dust. We never got a score. I thought it But my time is up, and I am going to that I have to put up with, taxes I have was, quite frankly, a better bill than cease here and allow the Senator from to pay, et cetera, et cetera? the one in the Finance Committee. Texas to be recognized. As a matter of fact, when they pose I say to the Senator, you recognized The PRESIDING OFFICER. The Sen- that question, I say: I am not a you me, and I had an opportunity to offer ator from Texas is recognized. guy; I am an us guy. Then we have a some amendments. At least there was Mr. CORNYN. Madam President, may debate, but it is a debate that should some debate. And I think it was a I inquire how much more time there is have taken place on the floor of the much more bipartisan effort. So I give on our side? Senate instead of on the plains of Kan- the chairman—— The PRESIDING OFFICER. Three- sas. Unfortunately, because of the ma- Mr. HARKIN. If it was out of our and-a-half minutes. jority, we were not able to have that committee, obviously it was a better Mr. CORNYN. Madam President, I debate here, on the floor. bill than coming out of the Finance am going to ask unanimous consent, The question I have for the distin- Committee. But I say to my friend, with the indulgence of my colleagues, guished Senator from Iowa—and I ap- again, that—— to allow me to speak for up to 10 min- preciate his reference to our work in Mr. ROBERTS. Senator CORNYN utes. I probably will speak about 5 min- previous farm bills. We were able to wants to be heard, so I am going to be utes or so, unless I get particularly work it out. Sometimes it was very quiet and listen to you. wound up, which could take 10 min- contentious, and sometimes the farm Mr. HARKIN. I thought there were utes. But I ask unanimous consent for bill would come to the floor, and it some things we should talk about. I an additional 10 minutes. would take a week and a half. Then we say to my friend, in listening to my The PRESIDING OFFICER. Is there would have an appropriations bill, and friend from Kansas say this, it oc- objection? then the appropriators would think curred to me that certain of his amend- Without objection, it is so ordered. they could rewrite the farm bill and ments were allowed. The Senator was Mr. CORNYN. I thank the Chair. take another week and a half. But we allowed to debate them and offer them, Madam President, I think we are worked through it. Nobody filled the but they were not adopted. It seems to playing with fire when we talk about tree and said: I am sorry, you can’t me, as I have said before, the right of amending the Senate rules. All of us have that amendment. the minority ought to be to offer have been here for different periods of I am making a speech instead of ask- amendments, to have them considered, time. I have been here for 8 years, ing the question. I apologize for that. to have them voted on, but it does not which actually sounds like a long time, I am in agreement on secret holds. I mean it is the right of the minority to but in the life of the Senate is not very think there should be timely pace on win every time on those amendments. long at all in an institution that has nominations. I do think we should go I say to my friend, on that financial existed for more than 200 years. through the regular confirmation proc- services bill, I had an amendment too I have been here when our side was in ess. and I could not get it in. I was on the the majority. As a matter of fact, we But I do feel exactly as the Senator majority side, and they would not let had the White House, we had both from Tennessee has put out, that once me offer one either. So both sides have Houses of Congress. And I have been you get on this business of ending the some legitimate points. here when we have had President filibuster or going down on the number I also say to my friend from Kansas, Obama in the White House and Demo- of requisite votes, you are on a slippery and others, we can get into this tit for crats controlling both Houses of Con- slope, and then you are into the tyr- tat, who started it. I think we have to gress. I can tell you, unequivocally, it anny of the majority, and that is not kind of quit that. I could come back is a whole lot more fun to be here when what the Senate is all about. and say: Well, yes, in the last 2 years, you are in the majority. I will stop at this point and ask the the tree was filled 44 times. In this last But there are certain temptations Senator from Iowa if he has any com- session, 44 times the tree was filled, that the majority has which I think ments. but there were 136 filibusters. Why are exacerbated when, for example, The PRESIDING OFFICER (Mrs. wouldn’t there be 44 filibusters? Why during most of the last 2 years, one MCCASKILL). The Senator from Iowa. were there 136? We can get into that tit party or the other has the ability in Mr. HARKIN. Madam President, I for tat, who did what to whom. I wish the Senate to basically pass legislation thank my friend from Kansas. I think to forget about all that. We could go by essentially a party-line vote; in he makes some good points. back, probably, to the 18th century— other words, as I recall on that morn- I would say to my friend, I think we tit for tat, who did what to whom at ing at 7 a.m. on Christmas Eve a year ought to go through processes in our some point in time. ago, when the vote on the health care committees to have hearings on nomi- I ask my friend from Kansas, who has bill came up where all 60 Democrats nees to flush out things such as that. been here a long time—we served to- voted for the bill and no Republicans So to that extent, the Senator from gether in the House; my friend was voted for the bill. Kansas is right. We should not have, chairman of the Agriculture Com- My point being: The temptation is, especially if there is any controversy mittee in the House. We have done a when you have such a large majority— at all—I suppose some of them are non- lot of legislation together—does my 60 or more—there is a huge temptation controversial—but if there is some con- friend from Kansas feel the Senate is in both parties—not just the Demo- troversy out there, yes, I think the operating today in the best possible crats; Republicans, I am sure, would be committees ought to have the responsi- way? Does my friend from Kansas be- tempted as well—to try to go it alone. bility to bring them forward. Let the lieve there could be some things done Thus, I think it detracts from what is committees question them. We did that to make the Senate operate a little bit one of the great strengths of this insti- in our HELP Committee, I say to my more openly and fairly with rights for tution, which is that this institution’s friend from Kansas. I am trying to re- the minority to be protected but with- rules force consensus, and unless there member the person we had—oh, a lot of out letting the minority—and I do not is consensus, things do not happen. We controversy about Craig Becker, I mean Republicans when I say ‘‘minor- are, thus, the saucer that cools the tea think, who was going to the NLRB. ity,’’ I mean whoever happens to be in from the cup, and all the various analo- Mr. ROBERTS. If the Senator will the minority—to keep the minority gies we have heard. yield, I think the Senator is exactly from obstructing things? Does my But the important thing is not how right. I am on the HELP Committee, as friend feel there could be some changes this affects us as individual Senators. the Senator may recall, and I was try- made? This is not just an abstract discussion ing to get one amendment to say that Mr. ROBERTS. I will answer the about the rules. This is about what is we would prohibit the use of rationing question, no. I do not think we are in the best interests of a country of

VerDate Mar 15 2010 01:44 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.041 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S32 CONGRESSIONAL RECORD — SENATE January 5, 2011 more than 300 million people. I would I do not doubt the good faith of our Mr. CORNYN. I appreciate the ques- submit any time one party or the other colleagues who are offering some of tion from my friend, the Senator from is not only tempted but yields to that these propositions. There are even Iowa. That is not what I am sug- temptation to go it alone to try to some of them that I find somewhat at- gesting. But I do think we need to have push legislation through without tractive. The idea of secret holds, for a process which allows for an oppor- achieving that consensus, I think it example—if there ever was a time for tunity for amendments and debate. hurts the institution and I think it pro- that, that time is long past gone. I And if we do not have a process requir- vokes a backlash, much as we saw on know we are not going to agree on ev- ing a threshold of 60 votes, the tempta- November 2. Because the American erything. But we ought to at least have tion is going to be, again, for the ma- people understand that checks and bal- an opportunity for everyone to be jority leader to deny the opportunity ances are important. heard, and for individual Senators’ for amendments, constrict time al- When we do not have checks and bal- rights to be respected, not because lowed for an amendment, for debate, by ances, either through the self-restraint they are Senators but because they filing cloture, and we are going to see of the majority or through recognizing represent a large segment of the Amer- things shooting through here that have the rights of the minority to offer ican people, and it is their rights that not had an adequate opportunity for amendments, to have debates, to con- are impinged when the majority leader, deliberation. tribute to legislation, then the Amer- for whatever reason, decides to deny a This institution has famously been ican people are going to fix that by Senator a right to offer an amendment called the world’s greatest deliberative changing the balance of power, as they and a right to have a fulsome debate on body, but I daresay we have not dem- did on November 2. the amendment in the interest of get- onstrated that in recent memory. And, Here again, I do not want to be mis- ting legislation passed. again, I think, as the Senator from understood as making a partisan argu- Although Senator REID said this Tennessee and others have observed, ment. I think Republicans would be morning the 111th Congress has to go this is not a problem with the rules. just as tempted as Democrats to do the down in history as being one of the This is the way the rules have actually same thing. But I think that is where most productive Congresses, at the been implemented. I think we have we have to show self-restraint and same time, he complained about Re- learned an important lesson from this where, if we do not show self-restraint, publicans filibustering legislation. and one I hope will help us respect the then the American people will change There seems to be kind of an inherent rights of all Senators, whether they be the balance of power and establish contradiction there. But I suggest the in the majority or the minority, to those checks and balances. explanation for that is the fact that offer amendments and to debate these Here again, I think for most people our friends on the other side have had amendments not because they are who are listening—if there is anyone such a large supermajority, they have about our rights but because they are listening out there on C–SPAN or else- been able to muster the 60 votes and to about the rights, for example, of the 25 where to this debate—this should not go it alone. Again, I think that is million people I represent. They have be about us. This should not be about yielding to a temptation that everyone the right to be heard. They have a the arcana of these rules. This should would understand, and the American right to have any suggestions or im- be about the rights of the American people have now since corrected that as provements to legislation be consid- people to get legislation that affects a result of the November 2 election. ered. That is all I am saying. all 300-plus million of us debated, I would suggest, in closing, to all of Mr. HARKIN. Madam President, if amended, in a way to try to achieve our friends on both sides of the aisle, my friend will yield further, again, in that consensus and, thus, achieves again, I recognize the sincerity of those my resolution there is a guarantee that broad support by the American people. who have offered these proposals, but I the minority has the right to offer Because anytime, again, we yield to would suggest there is not a malfunc- amendments—absolute guarantee. As I the temptation to go it alone to do tion, or should I say the rules them- said, that is something I have urged things on a partisan basis, it will ulti- selves are not broken, but the rules since 1995. I am very sympathetic to mately provoke the kind of backlash contemplate that the rules will not be the argument that people are cut out we have seen over the health care bill, abused. I think the temptation to from offering amendments. I know be- abuse those rules by going it alone is to mention one example. cause that has happened to me by the This is not a small thing. I have the understandable but something that majority at times. So I believe there honor of representing 25 million people needs to be avoided. I think because of ought to be rights for the minority. I in the Senate, and this is not just the election now—since we are more always hasten to add when I say ‘‘mi- about my rights as an individual Sen- evenly divided so nobody will be able nority’’ I am not saying Republicans, I ator or even the minority’s rights, this to get to 60 votes unless there is a bi- am saying the minority. It may be us is about their right—their right to be partisan consensus, to the extent that pretty soon. It goes back and forth, as 60 votes are needed—that the American heard through an adequate time for de- my friends knows. There ought to be people have sort of fixed the problem bate, their right to have an oppor- the right for the minority to offer some of our colleagues have perceived. amendments and to have their voice tunity to change or amend legislation, I thank the Chair. and then to have a chance to have it Mr. HARKIN. Madam President, will heard and to, as the Senator says, rep- voted on. the Senator yield for a question? resent the people of our States ade- I understand the frustration of our Mr. CORNYN. I am happy to yield for quately. colleagues when the majority leader, a question. But I ask my friend again, what hap- due to his right of prior recognition, Mr. HARKIN. I thank my friend from pens when we have one or two or three can get the floor. He can put something Texas. Again, he and I have worked to- or four Senators who don’t want to see on the Senate calendar that has not gether on some legislation in the past a bill passed in any form—some bill, gone through a committee markup and too. He is a thoughtful Senator and a just take any bill—that maybe has that sort of due process and fair oppor- good legislator. been worked on by both Republicans tunity for amendment and participa- I ask my friend from Texas this: In and Democrats, has broad bipartisan tion; and then again, if he has 60 votes listening to him, I almost have the support maybe to the tune of even 70 or on his side to be able to push it feeling that my friend from Texas is so Senators, but there is one or two or through, then deny us any opportunity saying we ought to have a super- three Senators who don’t want it to to offer amendments, much less to majority to pass anything, that we pass anyway, and they are able to grid- have a fulsome debate on these impor- should have 60 votes in order to pass lock the place under rule XXII. I know tant issues. anything. the Senator talked about exercising I think our country suffers from that. I ask my friend, is that what my self-restraint, and I say that is fine. I think the American people suffer friend really means or implies, that ev- But what if we had that situation when we are denied on their behalf an erything should have 60 votes before it where we have two or three Senators opportunity to have a fulsome debate can go through here? Is that what my saying: I don’t care how many Senators and to offer amendments. friend is suggesting? are on it I don’t want it to move. And

VerDate Mar 15 2010 01:44 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.042 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE January 5, 2011 CONGRESSIONAL RECORD — SENATE S33 they invoke their rights under rule hopeful it will be Senator GRASSLEY be- Mr. WYDEN. Madam President, I XXII. How do we get over that hurdle? cause he and I have been partners for think Senator HARKIN has made an ex- Mr. CORNYN. Madam President, I almost 14 years in this effort to force cellent suggestion. Unless Senator AL- would say to my friend the people who the Senate to do public business in EXANDER or anyone on the other side came before us thought achieving con- public and get rid of these secret holds. has a problem with that, let’s modify sensus was good, not unanimity, per- So after Senator UDALL, there would be the unanimous consent request I have haps recognizing it is impossible to get Senator GRASSLEY. After Senator made to incorporate Senator HARKIN’s 100 Senators to agree. So I would say to GRASSLEY, there would be my friend suggestion. my friend I sometimes am as frustrated and colleague Senator MERKLEY who The PRESIDING OFFICER. Is there as he is when one or two or three or would speak. At that time there would objection? four Senators say: We are going to be a Republican who would be next in Without objection, it is so ordered. force this to a cloture vote because we the queue to speak. The Senator from New Mexico. are just not going to agree. I think So my unanimous consent request at f that is frustrating to all of us, depend- that point is—I would like to be able, AMENDING SENATE RULES ing on which foot the shoe is on. for up to 30 minutes, to have the bipar- But I would say that is a small price tisan sponsors of the effort to get rid of Mr. UDALL of New Mexico. Madam to pay, that frustration, to insist on as- secret holds once and for all, including President, I submit on behalf of myself suring the rights of the minority— the distinguished Presiding Officer, to and Senators HARKIN, MERKLEY, DUR- again, not because of an individual have up to 30 minutes for a colloquy on BIN, KLOBUCHAR, BROWN, BEGICH, Senator because we aren’t all that im- this bipartisan effort to eliminate se- BLUMENTHAL, GILLIBRAND, SHAHEEN, portant. It is the rights of our constitu- cret holds. BOXER, TESTER, CARDIN, MIKULSKI, ents whom we represent that are so im- The PRESIDING OFFICER. Are there WARNER, and MANCHIN a resolution to portant, and it is so important we get any time limits on the UC motion for amend rule VIII and rule XXII of the it right because there is nobody else any Senators other than the 30 minutes Standing Rules of the Senate, and I ask after we get through who gets to vote. designated for the cosponsors of the se- unanimous consent to proceed to the It becomes the law of the land, and un- cret hold legislation? immediate consideration of the resolu- less it is unconstitutional not even the The Senator from New Mexico. tion. Supreme Court of the United States Mr. UDALL of New Mexico. Madam The PRESIDING OFFICER. Is there can set it aside. So it is very important President, in addition to his UC, we objection? we get it right. I am just saying that have myself for 15 minutes, Senator Mr. ALEXANDER. Madam President, we take the time necessary, and I MERKLEY for 15 minutes, and I believe reserving the right to object, I have think that is what the rules are de- Senator WYDEN has asked for 30, and had a number of discussions with the signed to provide for. then to accommodate the Republicans, Senator from New Mexico and the Sen- Mr. HARKIN. Madam President, if our UC would say if there is a Repub- ator from Oregon. I respect their pro- the Senator would indulge me for one lican seeking recognition that we al- posals and will have more to say about more moment, so it is not the position ternate between the two sides and they them, but I think since they have wait- of my friend from Texas that every- be under the same time limitations as ed such a long time to make their pres- thing needs 60 votes in which to move listed above. So Senator ALEXANDER entations I will merely state my objec- in the Senate; is that correct? can see I would speak for 15, and then tion now and have more to say later. Mr. CORNYN. Madam President, he would have a block for 15, and then So I object. there are a long list of bills that pass Senator MERKLEY, and then it would be The PRESIDING OFFICER. The ob- on a regular basis by unanimous con- 30 for Senator WYDEN. jection having been heard, the resolu- sent, and it is like—we are almost fo- Mr. WYDEN. Then, after Senator tion will go over under the rule. cused on the exception rather than the MERKLEY, there would be another Re- Mr. UDALL of New Mexico. Madam rule. There are many times—a lot of publican who would be in a position to President, let me just inquire through times; I can’t quantify it—where legis- speak for 15 minutes, and at that point the Parliamentarian, it is my under- lation will pass by unanimous consent under the unanimous consent request standing that by objecting to this reso- because it has gone through the com- we would be able to discuss this bipar- lution being immediately considered mittees, people have had an oppor- tisan effort to eliminate secret holds now, the result is the resolution will go tunity to offer amendments, both sides for up to 30 minutes. over under the rule, allowing it to be have had an opportunity to contribute The PRESIDING OFFICER. Is there available to be brought up at a future to it, and then it passes without objec- objection? time. Is that understanding correct? tion. Again, I can’t quantify that, but Mr. HARKIN. Madam President, I The PRESIDING OFFICER. That is the ones we seem to be focused on are wonder if the Senator would mind a correct. the ones that seem to be more or less slight modification to that. One of the Mr. UDALL of New Mexico. Thank the exception to the rule where there things I thought we were kind of get- you very much. are genuine disagreements, when there ting into today were colloquies wherein Madam President, I rise today to in- is a need to have a more fulsome de- we could ask a question and have a re- troduce the resolution I just men- bate and the opportunity for amend- sponse in a reasonable manner. I would tioned. I have worked very hard with ments. ask to modify the unanimous consent all of my colleagues, including my two So I think the current rules serve the request to say that any colloquies en- colleagues from Iowa and Oregon, Sen- interests of our constituents and the tered into—questions propounded to a ators HARKIN and MERKLEY, to reform American people well. Senator through the Chair—not be de- the rules of this unique and prestigious I thank the Chair and I thank my tracted from the time allotted to that body. I do so after coming to the floor colleague. Senator. last January—January 25, in fact, now The PRESIDING OFFICER. The Sen- Mr. WYDEN. I am very open to that. almost 1 year ago—to issue a warning, ator from Oregon. I think it is an excellent suggestion. a warning because of partisan rancor f Mr. UDALL of New Mexico. I very and the Senate’s own incapacitating much agree with that. I have been sit- rules, that this body was failing to rep- ORDER OF PROCEDURE ting here following the debate, and I resent the best interests of the Amer- Mr. WYDEN. Madam President, Sen- think Senator ALEXANDER, among oth- ican people. The unprecedented abuse ator UDALL and Senator MERKLEY have ers, has propounded some very good of the filibuster, of secret holds, and of waited at great length to make their questions. I actually have another other procedural tactics routinely pre- remarks. I wish to propound a unani- question I was going to ask on top of vent the Senate from getting its work mous consent at this time. At this his question of what is a filibuster. So done. It prevents us from doing the job point, Senator UDALL would be the I am looking forward to that portion of the American people sent us here to do. next speaker. There would be a Repub- it. Senator HARKIN, thank you very Since that day in January things lican who would speak next. I am very much for that. haven’t gotten better. In fact, I would

VerDate Mar 15 2010 02:25 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.050 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S34 CONGRESSIONAL RECORD — SENATE January 5, 2011 say they have gotten worse—much Rule XXII is the most obvious exam- ER know, he was for many years chair- worse. Here in the Senate open and ple of the need for reform. Last amend- man of the Judiciary Committee, and I honest debate has been replaced with ed in 1975, rule XXII demonstrates what think that is a very powerful quote. secret backroom deals and partisan happens when the Members of the cur- This is the basis for introducing our gridlock. Up-or-down votes on impor- rent Senate have no ability to amend resolution today, just as reformers tant issues have been unreasonably de- the rules adopted long ago—rules that have done at the beginning of Con- layed and blocked entirely at the whim get abused. gresses in the 1950s, 1960s, and 1970s, of a single Senator. Last year, for ex- I have said this before, but it bears and it is why I am here on the floor on ample, one committee had almost repeating. Of the 100 Members of the the first day—to make clear I am not every piece of legislation held up by Senate, only two of us have had the op- acquiescing to the rule XXII adopted holds from one Senator. portunity to vote on the cloture re- by the Senate over 35 years ago. That The Senate is broken. In the Con- quirement in rule XXII—Senators Senate tried to tie the hands of all fu- gress that just ended, because of ramp- INOUYE and LEAHY. ture Senates by leaving the require- ant and growing obstruction, not a sin- So if 98 of us haven’t voted on the ment in rule XXII for two-thirds of the gle appropriations bill was passed. rule, what is the effect? Well, the effect Senate to vote to end a filibuster on a There wasn’t a budget bill. Only one is that we are not held accountable rules change. But this is not what our authorization bill was approved, and when the rule gets abused, and with a Founders intended. that was only done at the very last requirement of 67 votes for any rules Article I, section 5 of the Constitu- minute. More than 400 bills on a vari- change that is a whole lot of power tion clearly states that ‘‘each House ety of important issues were sent over without restraint. may determine the Rules of its Pro- from the House. Not a single one was But we can change this. We can re- ceedings.’’ There is no requirement for acted upon. Key judicial nominations store accountability to the Senate. a supermajority to adopt our rules, and and executive appointments continue Many of my colleagues, as well as con- the Constitution makes it very clear to languish. stitutional scholars, agree with me when a supermajority is required to The American people are fed up with that a simple majority of the Senate act. Therefore, any rule that prevents a it. They are fed up with us, and I don’t can end debate—that is the first step— majority in future Senates from being blame them. We need to bring the and adopt its rules at the beginning of able to change or amend rules adopted workings of the Senate out of the shad- a new Congress. in the past is unconstitutional. ows and restore its accountability. The fact that we are bound by a Critics of my position argue that the That begins with addressing our own supermajority requirement that was rules can only be changed in accord- dysfunction, specifically the source of first established 93 years ago also vio- ance with the current rules, and that that dysfunction—the Senate rules. lates the common law principle that rule XXII requires two-thirds of Sen- Last year the Senate Rules Com- one legislature cannot bind its succes- ators present and voting to agree to mittee took a hard look at how our sors. rules have become so abused and how end debate on a change to the Senate This principle goes back hundreds of this Chamber no longer functions as rules. years and has been upheld by the Su- our Founders intended. I applaud Since this rule was first adopted in preme Court on numerous occasions. Chairman SCHUMER and his excellent 1917, members of both parties have re- This is not a radical concept. The con- staff for devoting so much time to this jected this argument on many occa- stitutional option has a history dating important issue. I thank Senator ALEX- sions. back to 1917, and it has been a catalyst ANDER and Senator ROBERTS. We have In fact, advisory rulings by Vice for bipartisan rules reform several some very good Republican colleagues Presidents Nixon, Humphrey, and times since then. The constitutional on the committee, and we have had Rockefeller, sitting as President of the option is our chance to fix rules that some good exchanges. They know we Senate, have stated that a Senate, at are being abused—rules that have en- had six hearings and heard from some the beginning of a Congress, is not couraged obstruction like none ever of the most respected experts in the bound by the cloture requirement im- seen before in this Chamber. field. posed by a previous Senate. They went Amending our rules will not, as some But these hearings demonstrated on to say that each new Senate may have contended, make the Senate no that the rules are not broken for one end debate on a proposal to adopt or different than the House. While many party, or for only the majority. Today amend the standing rules by a majority conservatives claim that the Demo- the Democrats lament the abuse of the vote. That bears repeating—by a ma- crats are trying to abolish the fili- filibuster and the Republicans com- jority vote—cloture and amendment, buster, our resolution maintains the plain they are not allowed to offer majority vote. rule but addresses its abuse. But, more amendments to legislation. Five years Even in today’s more partisan envi- importantly, the filibuster was never ago, those roles were reversed. Rather ronment I hope my colleagues will ex- part of the original Senate. The Found- than continue on this destructive path, tend to us the same courtesy, and our ers made this body distinct from the we should adopt rules that allow a ma- constitutional rights will be protected House in many ways, but the filibuster jority to act while protecting the mi- as we continue to debate the various is not one of them. nority’s right to be heard. Whichever rules reform proposals at the beginning So here we are today on the first day party is in the majority, they must be of this Congress. of a new Congress offering a resolution able to do the people’s business. In 2005, Senator HATCH—someone who to reform the Senate’s rules. We don’t I think that is what Senator HARKIN understands constitutional issues per- intend to force a vote today; in fact, we spoke so persuasively to in his com- haps better than any other Member of hope that we can return from the break ments on the filibuster—that the ma- this Chamber—wrote the following: and spend some time on the floor de- jority has to be able to govern. The The compelling conclusion is that, before bating our resolution, considering way the filibuster is being used the mi- the Senate readopts Rule XXII by acquies- amendments to make it better, and de- nority thwarts the majority’s ability cence, a simple majority can invoke cloture bating other resolutions. This should to govern. and adopt a rules change. This is the basis not be a partisan exercise. I think al- At a hearing in September, I testified for Vice President Nixon’s advisory opinion most every one of us who have spoken before the committee about my proce- in 1957. As he outlined, the Senate’s right to today have said that. We know both dural plan for amending the Senate’s determine its procedural rules derives from the Constitution itself and, therefore, ‘‘can- sides have abused the rules, and now it rules—the constitutional option. Un- not be restricted or limited by rules adopted is time for us to work together to fix like the specific changes to the rules by a majority of the Senate in a previous them. proposed by other Senators and ex- Congress.’’ So it is clear that the Senate, at But we believe the Senate of the perts, my proposal is to make the Sen- the beginning of a new Congress, can invoke 112th Congress has two paths from ate of each Congress accountable for cloture and amend its rules by a simple ma- which to choose. There is the first all of our rules. This is what the Con- jority. path: We do nothing and just hope the stitution provides for, and it is what That was Senator HATCH’s quote. As spirit of bipartisanship and delibera- our Founders intended. Senator ALEXANDER and Senator CORK- tion returns—the truth is we have been

VerDate Mar 15 2010 02:25 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.051 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE January 5, 2011 CONGRESSIONAL RECORD — SENATE S35 on this path for a while now, and I 1984, a bipartisan Study Group on Sen- [From the New York Times, Jan. 2, 2011] think the results are pretty clear—or ate Practices and Procedures rec- REFORM AND THE FILIBUSTER we can take a second path: We can take ommended placing a 2-hour limit on The new Senate will face one of its most a good, hard look at our rules, how debate of a motion to proceed. That momentous decisions in its opening hours on they incentivize obstructionism, how recommendation was ignored. Wednesday: a vote on whether to change its they inhibit rather than promote de- In 1993, Congress convened the Joint rules to prohibit the widespread abuse of the bate, and how they prevent bipartisan Committee on the Organization of Con- filibuster. Americans are fed up with Wash- gress. That was a bipartisan, bicameral ington gridlock. The Senate should seize the cooperation, and then we should imple- opportunity. ment commonsense reforms to meet attempt to look at Congress and deter- A filibuster—the catchall term for delay- these challenges, reforms that will re- mine how it can be a better institution. ing or blocking a majority vote on a bill by store the uniquely deliberative nature My predecessor, Senator Domenici, was lengthy debate or other procedures—remains of this body, while also allowing it to the co-vice chairman of that com- a valuable tool for ensuring that a minority function more efficiently. mittee. He was a long-time Republican of senators cannot be steamrollered into si- I contend that we not only should but here, and he supported that. lence. No one is talking about ending the The third provision in the resolution practice. have a duty to choose the second path. Every returning Democratic senator, We owe it to the American people and is included based on the comments of Republicans at last year’s Rules Com- though, has signed a letter demanding an to the future of this institution we all end to the almost automatic way the fili- serve. mittee hearings. Each time Democrats buster has been used in recent years. By sim- The reform resolution we introduce complained about filibusters on mo- ply raising an anonymous objection, sen- today is our attempt at the second tions to proceed, Republicans re- ators can trigger a 60-vote supermajority for path. It contains five reforms that sponded that it was their only recourse virtually every piece of legislation. The time should garner broad, bipartisan sup- because the majority leader fills the has come to make senators work for their amendment tree and prevents them filibusters, and justify them to the public. port—if we can act for the good of the Critics will say that it is self-serving for country and not the good of our par- from offering amendments. Our resolu- tion provides a simple solution, guar- Democrats to propose these reforms now, ties. when they face a larger and more restive Re- The first two provisions in our reso- anteeing the minority the right to publican minority. The facts of the growing lution address the debate on motions offer amendments. procedural abuse are clearly on their side. In to proceed and secret holds. These are The fourth provision in the resolu- the last two Congressional terms, Repub- not new issues. Making the motion to tion, which Senator MERKLEY will licans have brought 275 filibusters that proceed nondebatable or limiting de- cover extensively, is regarding the Democrats have been forced to try to break. bate on such a motion has had bipar- talking filibuster. We want to replace a That is by far the highest number in Con- silent filibuster with a talking fili- gressional history, and more than twice the tisan support for decades and is often amount in the previous two terms. mentioned as a way to end the abuse of buster. Finally, our resolution reduces These filibusters are the reason there was holds. postcloture time on nominations from no budget passed this year, and why as many I was privileged to be here for Sen- as 125 nominees to executive branch posi- 30 hours to 1. Postcloture time is ator Byrd’s final Rules Committee tions and 48 judicial nominations were never meant for debating and voting on hearing, where he stated: brought to a vote. They have produced public amendments—something that is not I have proposed a variety of improvements policy that we strongly opposed, most re- possible on nominations. cently preserving the tax cuts for the rich, to Senate rules to achieve a more sensible Instead, the minority now requires balance, allowing the majority to function but even bipartisan measures like the food while still protecting minority rights. For the Senate use this time simply to pre- safety bill are routinely filibustered and de- example, I have supported eliminating de- vent it from moving on to other busi- layed. The key is to find a way to ensure that any bate on the motion to proceed to a matter ness. minority party—and the Democrats could . . . or limiting debate to a reasonable time These reforms will not, as some have find themselves there again—has leverage in on such motions. contended, make the Senate the same the Senate without grinding every bill to an In January, 1979, Senator Byrd— as the House. We understand, and re- automatic halt. The most thoughtful pro- then-majority leader—took to the Sen- spect, the Framers intent in struc- posal to do so was developed by Senator Jeff ate floor and said unlimited debate on turing the Senate to be a uniquely de- Merkley of Oregon, along with Tom Udall of a motion to proceed ‘‘makes the major- liberative body. Minority rights are a New Mexico and a few other freshmen. It ity leader and the majority party the critical piece to its unique operations. would make these major changes: subject of the minority, subject to the Which is exactly why they remain pro- NO LAZY FILIBUSTERS control and the will of the minority.’’ tected in our reform resolution. At least 10 senators would have to file a fil- Despite the moderate change that But the current rules have done away ibuster petition, and members would have to Senator Byrd proposed—limiting de- with any deliberation and we have in- speak continuously on the floor to keep the bate on a motion to proceed to 30 min- stead become a uniquely dysfunctional filibuster going. To ensure the seriousness of body. the attempt, the requirements would grow utes—it did not have the necessary 67 each day: five senators would have to hold votes to overcome a filibuster. Our resolution will make actual de- bate a more common occurrence. It the floor for the first day, 10 the second day, At the time, Senator Byrd argued etc. Those conducting the filibuster would that a new Senate should not be bound would bring our legislative process into thus have to make their case on camera. (A by that rule, stating: the light, and hopefully, it would help cloture vote of 60 senators would still be re- The Constitution, in Article I, Section 5, restore the Senate’s role as the quired to break the blockade.) says that each House shall determine the ‘‘world’s greatest deliberative body.’’ FEWER BITES OF THE APPLE rules of its proceedings. Now we are at the With that, I will sum up and say that Republicans now routinely filibuster not beginning of Congress. This Congress is not reform is badly needed. We have a re- only the final vote on a bill, but the initial obliged to be bound by the dead hand of the sponsibility to the Constitution and to motion to even debate it, as well as amend- past. the American people to come together ments and votes on conference committees. The PRESIDING OFFICER. The Sen- and fix the Senate. We were sent to Breaking each of these filibusters adds days ator’s time has expired. Washington to tackle the Nation’s or weeks to every bill. The plan would limit Mr. UDALL of New Mexico. Madam problems. But we find that the biggest filibusters to the actual passage of a bill. President, I ask unanimous consent for problem to tackle is Washington itself. MINORITY AMENDMENTS another 2 minutes—also recognizing With that, I ask unanimous consent HARRY REID, the majority leader, fre- the Republican side has speakers—to that an editorial on the filibuster that quently prevents Republicans from offering wrap up. appeared in the Washington Post, and amendments because he fears they will lead The PRESIDING OFFICER. Is there an op-ed piece in the New York Times to more opportunities to filibuster. Repub- licans say they mount filibusters because objection? by Walter Mondale be printed in the they are precluded from offering amend- Without objection, it is so ordered. RECORD. ments. This situation would be resolved by Mr. UDALL of New Mexico. Madam There being no objection, the mate- allowing a fixed number of amendments from President, efforts to reform the motion rial was ordered to be printed in the each side on a bill, followed by a fixed to proceed have continued since. In RECORD, as follows: amount of debate on each one.

VerDate Mar 15 2010 02:25 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.052 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S36 CONGRESSIONAL RECORD — SENATE January 5, 2011 Changing these rules could be done by a sumed that the Constitution requires only a This resolution is well thought out, a simple majority of senators, but only on the majority vote. bipartisan reform effort that has been first day of the session. Republicans have In other words, the fact that one Senate, the subject of two committee hearings said that ramming through such a measure decades ago, passed the two-thirds majority and numerous careful revisions over would reduce what little comity remains in rule does not mean that all future Senates the chamber. are bound by it. This year’s new Senate several years. In no way does it alter Nonetheless, the fear of such a vote has led could use this ‘‘constitutional option’’ to the balance of power between the mi- Republican leaders to negotiate privately force a vote on any change to Senate rules, nority and majority parties, nor does it with Democrats in search of a compromise, including Rule 22, and change them with a change any rights of any individual possibly on amendments. Any plan that does simple majority. Senator. This is simply about trans- not require filibustering senators to hold the At the very opening of Congress in 1975, my parency, and with transparency you floor and make their case to the public colleagues and I announced our proposal to get a great deal of accountability. would fall short. The Senate has been crip- amend Rule 22, and threatened to force a ma- I wish to be very clear that I fully pled long enough. jority vote to end a filibuster on the change support the fundamental right of any if the minority tried to block it. In the end, [From the New York Times, Jan. 1, 2011] we reached the 60-vote compromise, and individual Senator to withhold his con- sent when unanimous consent is re- RESOLVED: FIX THE FILIBUSTER never had to use the constitutional option quested. In the old days when Senators (By Walter F. Mondale) after all. A similar strategy would likely work today. conducted much of their daily business MINNEAPOLIS, MN—We all have hopes for Tom Udall, Democrat of New Mexico, has from their desks on the Senate floor the New Year. Here’s one of mine: filibuster said that in a few days, at the beginning of reform. It was around this time 36 years and were on the Senate floor for most the 112th Congress, he will call on the Senate of the day, it was quite a simple matter ago—during a different recession—that I was to exercise its constitutional right to change part of a bipartisan effort to reform Senate its rules of procedure, including Rule 22, by for any Senator at that time to stand Rule 22, the cloture rule. At the time, 67 a simple majority vote. I wholeheartedly up and say ‘‘I object’’ when necessary, votes were needed to cut off debate and thus support his effort and encourage both Demo- if they really objected to a unanimous end a filibuster, and nothing was getting crats and Republicans to cooperate with consent request, and that was it. That done. After long negotiations, a compromise him. The filibuster need not be eliminated, stopped it. Now, since most Senators lowered to 6o the cloture vote requirement but it must no longer be so easy to use. on legislation and nominations. We hoped spend most of their time off the Senate this moderate change would preserve debate Mr. UDALL of New Mexico. I know floor because of the obligation of com- and deliberation while avoiding paralysis, my colleague, AMY KLOBUCHAR, is here. mittee hearings, the obligation of and for a while it did. Senator Mondale was a distinguished meeting with constituents, and a lot of But it’s now clear that our reform was in- former Vice President and leader in the other obligations we have, we now tend sufficient for today’s more partisan, increas- Senate, and he wrote the very pas- to rely upon our majority leader in the ingly gridlocked Senate. In 2011, Senators sionate piece in the New York Times case of the Democrats or the minority should pull back the curtain on Senate ob- that I have just had printed in the leader in the case of the Republicans to struction and once again amend the fili- buster rules. RECORD. protect our rights, privileges, and pre- Reducing the number of votes to end a fili- I yield the floor. rogatives as individual Senators by buster, perhaps to 55, is one option. Requir- The PRESIDING OFFICER. The Sen- asking those leaders or their sub- ing a filibustering senator to actually speak ator from Iowa is recognized. stitutes to object on our behalf. on the Senate floor for the duration of a fili- Mr. GRASSLEY. Madam President, Just as any Senator has the right to buster would also help. So, too, would re- my colleagues and any of the public stand on the Senate floor and publicly forms that bring greater transparency—like watching the debate today know there say ‘‘I object,’’ it is perfectly legiti- eliminating the secret ‘‘holds’’ that allow is a great partisan divide thus far. Sen- mate to ask another Senator to object senators to block debate anonymously. Our country faces major challenges—budg- ator WYDEN has already referred to the on our behalf if he cannot make it to et deficits, high unemployment and two motion he and I are putting before the the floor when unanimous consent is wars, to name just a few—and needs a func- Senate. Senator WYDEN, a Democrat, requested. By the same token, Sen- tioning legislative branch to address these and I, a Republican, are joined also by ators have no inherent right to have pressing issues. Certainly some significant Senator MCCASKILL, who is the Pre- others object on their behalf while at legislation passed in the last two years, but siding Officer now, as well as Senator the same time keeping their identity too much else fell by the wayside. The Sen- COLLINS, in this effort. It is the only bi- secret, thus shielding their legislative ate never even considered some appropria- partisan issue before the Senate this actions from the public, because that is tions and authorization bills, and failed to settle on a federal budget for all of next particular day. I emphasize that be- not transparency and it is obviously year. Votes on this sort of legislation used to cause I think the public ought to know not being accountable. be routine, but with the new frequency of the that not everything in the Senate is What I object to is not the use of the filibuster, a supermajority is needed to pass partisan. word ‘‘holds’’ or the process of holding almost anything. As a result the Senate is Senator WYDEN and I have been chip- up something in the Senate, but I ob- arguably more dysfunctional than at any ping away at the informal, backroom ject to what is called secret holds. The time in recent history. process known as secret holds in the adjective ‘‘secret’’ is what we are fight- People give lots of reasons for not reform- Senate. We have been working on this ing. If a Senator has a legitimate rea- ing the filibuster. The minority often claims that it needs the filibuster to ensure that its for well over 10 years. So it should not son to object to proceeding to a bill or voice is heard, even though the filibuster is surprise anybody that we are back a nominee, then he or she ought to now used to prevent debate from ever begin- again at the start of another Congress, have the guts to do so publicly. ning. What really gets me, though, is when joined, as I said, by Senator MCCASKILL A Senator may object because he opponents to reform point to the provision of Missouri, who was very helpful in does not agree to the substance of a left in Rule 22 after 1975 saying that the Sen- our pushing this issue to the forefront bill and therefore cannot in good con- ate cannot change any of its rules without a at the end of the last Congress, and, as science grant consent or because the two-thirds supermajority to end debate. I said, I am pleased that we have Sen- Senator has not had adequate oppor- This requirement cannot constrain any fu- tunity to review the matter at hand. ture Senate. A long-standing principle of ator COLLINS onboard again. common law holds that one legislature can- There has been a lot of talk lately Regardless, we should have no fear of not bind its successors. If changing Senate about the possibility of far-reaching re- being held accountable by our constitu- rules really required a two-thirds super- forms to how the Senate does business ents if we are acting in their interest, majority, it would effectively prevent a sim- that have been hastily conceived and as we are elected to do. I have prac- ple majority of any Senate from ever amend- could shift the traditional balance be- ticed publicly announcing my holds for ing its own rules, which would be unconsti- tween the rights of the majority and many years, and it has not hurt one tutional. Article I, Section 5 of the Constitu- the rights of the minority parties. bit. In fact, some of the Senators who tion states: ‘‘Each House may determine the In contrast, our resolution by Sen- are most conscientious about pro- rules of its proceedings.’’ The document is very explicit about the few instances where a ator WYDEN and this Senator is neither tecting their prerogatives to review supermajority vote is needed — and changing of those two things. In other words, it legislation before granting consent to the Senate’s procedural rules is not among does not shift any balance between the its consideration or passage are also them. In all other instances it must be as- majority and the minority. quite public about it.

VerDate Mar 15 2010 02:25 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A05JA6.055 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE January 5, 2011 CONGRESSIONAL RECORD — SENATE S37 In short, there is no legitimate rea- tions of the evidence, about the stand- which the Senate would like to pride son for any Senator, if they place a ards that would constitute grounds for itself. hold, to have that hold be secret. conviction. One would not have been There is a statement about the Sen- How does our proposal achieve trans- able to tell who was a Republican or ate: the world’s greatest deliberative parency and the resultant account- who was a Democrat. We had a real de- body. But today in the modern Senate, ability? In our proposed standing order, bate, but it took 2 years to have that that incredible tribute to this Chamber for the majority or minority leader to first debate. Then we had a debate over has been turned into an exclamation of recognize a hold, the Senator placing the START treaty. That was a pretty despair. Where did that deliberative the hold must get a statement in the good debate too. That also happened body go—not only not the greatest de- RECORD within 1 session day and must just a couple weeks ago. For the bal- liberative body but virtually devoid of give permission to their leader at the ance of 2 years, there has virtually deliberation due to this abuse. We went time they place the hold to object in never been a serious debate on this from mutual respect to essentially mu- their name, not in the name of the floor with Senators hearing each other tual legislative destruction using this leader. Since the leader will automati- out, listening to each other, consid- filibuster. cally have permission to name the Sen- ering the pros and cons, addressing In 2010, this last year past, not a sin- ator on whose behalf they are object- each other’s amendments. gle appropriations bill passed. We have ing, there will no longer be any expec- That is a tremendously different Sen- a huge backlog of nominations. Our tation or pressure on the leader to keep ate from the Senate I first witnessed role of advice and consent has been the hold secret. when I came here as a young man, as turned into obstruct and delay in Further, if a Senator objects to a an intern for Senator Hatfield in 1976. I terms of nominations for the executive unanimous consent request and does was up in the staff section. I would branch and the judiciary. We have a not name another Senator as having come down to meet Senator Hatfield on constitutional responsibility to express the objection, then the objecting Sen- a particular tax reform bill that had a our opinion, but this body, by using the ator will be listed as having the hold. series of amendments. I would brief filibuster, has prevented Senators from This will end entirely, once and for all, him on the amendment that was being advising and consenting, either approv- the situation where one Senator ob- debated. He would come in, talk it over ing or disapproving these nominations. jects but is able to remain very coy with folks, and vote. An hour later, It certainly is terrible to have our re- about whether it is their own objection there would be another vote, and an sponsibilities as a legislature damaged, or some unnamed Senator. All objec- hour later, another vote, with debate but not only have we done that, we tions will have to be owned up to. in between, back and forth, with enor- have proceeded to damage the execu- Again, our proposal protects the mous respect and courtesy among the tive branch and the legislative rights of individual Senators to with- Members to the principle of the Senate branch—quite an intrusion on the bal- hold their consent while ensuring being a body of deliberation, a body of ance of powers envisioned in our Con- transparency and public account- debate. But today, that respect is gone. stitution. Then we have the hundreds ability. In Congress, as well as almost The most visible sign of the decrease in of House bills that are collecting dust anyplace in the Federal Government— the mutual accord has been the abuse on the floor because they cannot get to except maybe national security of the filibuster. this Chamber because of this abuse. issues—the public’s business always ‘‘Filibuster’’ is a common term we All of this needs to change. When I ought to be public and the people who use for a decision to oppose the termi- first came here in the 1970s, when there are involved in the public’s business nation of debate and oppose voting was a challenge in 1975, there was a ought to stand behind their actions. As with a straight majority as envisioned huge debate, and it resulted in chang- I have repeatedly said, the Senate’s in the Constitution. That starts from a ing the level required to overcome the business ought to be done more in the principle of mutual respect, that is, as filibuster from 67 Senators to 60 Sen- public than it is, and most of it is pub- long as any individual has an opinion ators. Yet in 1973 and 1974, the 2 years lic, but this secret hold puts a mystery that bears on the issue at hand, that that preceded, there was only an aver- about things going on in Washington Senator should be able to express that age of 22 filibusters a year, not 68. We that hurts the credibility of the insti- opinion and we as a body should be able have more than tripled the dysfunction tution. to hear it. Out of that would come a that led to the last rules debate. This principle of accountability and better policymaking process. Unfortu- That is why we are here today—to transparency is a principle that I think nately, over time, that mutual respect find a path forward. There are so many the vast majority, if not all, of Sen- has been yielded more and more as an who have been so instrumental in this ators can get behind. I believe the time instrument of obstruction because each debate. So many Members of the class has come for this simple, commonsense time a Senator objects to a simple ma- of 2006, 2008, and now Members of 2010 reform. jority vote, under the rules they create are engaged in this effort. My hat goes I yield the floor. Under the UC, if it a 1-week delay and a supermajority off to Senator SCHUMER for leading the is permissible to retain the remainder hurdle. If one objects 50 times a year, hearings in the Rules Committee and of our time, I do that. they have wiped out every single week trying to find that balance between The PRESIDING OFFICER. Without of the year. every Senator’s right to be heard and objection, it is so ordered. This chart gives some indication of our collective responsibility for the Mr. GRASSLEY. I yield the floor. how grossly the principle of mutual re- majority to legislate. Senator UDALL The PRESIDING OFFICER (Mrs. spect and debate has been corrupted has done this enormous investigation HAGAN). The Senator from Oregon. and abused. of the constitutional process for Mr. MERKLEY. Madam President, From 1900 through 1970, there was an amending the rules and so many oth- the Senate is broken. During the average of a single use of the filibuster ers. course of my first 2 years in this body, each year—an average of 1 per year The first key part in the package of there have been only a couple serious over that 70-year period. In the 1970s, reforms a number of us—16, I believe, debates in this Chamber. The first one that climbed to an average of 16 per now have cosponsored this resolution— happened just a couple weeks ago, and year; in the 1980s, an average of 21 per is the talking filibuster. The talking that was an impeachment trial of a year; in the 1990s, an average of 36 per filibuster reform is essentially to make judge. The magic began because the year; between 2000 and 2010, this last the filibuster what all Americans be- cameras were turned off. Senators were decade, 48 per year; and in the last 2 lieve it is; that is, if you believe so not speaking to the camera; they were years I have served in the Senate, 68 strongly that this Chamber is headed speaking to each other. Second, they per year—an average of 68 per year or in a direction that is misguided, you were required to be on the floor, so roughly 135, 136 in that 2-year period. If should be willing to come and take this they were required to listen to each each one of these absorbs 1 week of the floor and make your case to the Amer- other. After all the evidence had been Senate’s time, one can see how this has ican people. presented, Senators started to engage been used to essentially run out the Let’s take a look at our image of back and forth about their interpreta- clock and obstruct the very dialog on that. Here we are: Jimmy Stewart

VerDate Mar 15 2010 02:25 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.056 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S38 CONGRESSIONAL RECORD — SENATE January 5, 2011 playing the role of Jefferson Smith, If they want to have unanimous con- the aisle—colleagues who have said who comes to this Chamber where I sent to increase that number to a high- there should be amendments, col- now stand and says: I will take this er level, get more for the minority or leagues who have spoken in favor, on floor to oppose the abuses that other- the majority side, that would be ter- both sides of the aisle, of the Jimmy wise might go forward, and he held rific, but at least they can’t say no Stewart model of holding this floor and that floor until he collapsed. amendments. No leader can block the having talking filibusters—to approve That is what the American people be- principle that each side has the oppor- this. Let’s use the start of this 2-year lieve a filibuster is all about. You want tunity to amend. period to acknowledge that something to make your case before the American The third point is on nominations. is deeply wrong when, in a 2-year pe- people. But today we don’t have a talk- Right now, we have this huge backlog. riod, we have 135 or 138 filibusters eat- ing filibuster in the Senate. We have This resolution makes a modest change ing up all the floor time and preventing the silent filibuster. in nominations. It says the period fol- modest bills from moving forward and Let’s take a look at what that looks lowing cloture will be reduced from 30 keeping us on this path to gridlock. like. This is the way it works: A Sen- hours to 2 hours. We have already had The Senate is broken. Let’s fix it. ator takes their phone—maybe an old the debate over the individual, let’s I thank the Chair. or modern phone—they call the cloak- have the vote. That is what that says. The PRESIDING OFFICER. The Sen- room, and they say: I object to a ma- This means Senators will be less ator from Tennessee. jority vote, and then they go off to din- tempted to use the filibuster on nomi- Mr. ALEXANDER. Madam President, ner. They do not take the floor with nations as an instrument to delay and I have enjoyed this extensive oppor- principle and conviction to say to the obstruct the Senate. It is not a com- tunity to hear my colleagues on a very American people: Here is why I am de- pletely pure reform but a step forward important subject about what the na- laying the Senate. Here is why I am in the right direction. ture of the Senate will be. I am going going to hold this floor. This is not a Our fourth is the ban on secret holds. to have about 10 minutes of remarks on situation we can allow to go forward Senator GRASSLEY has spoken to this, the comments of Senators MERKLEY and I am going to stand here and make and Senator WYDEN will speak to it. and UDALL, and then I will yield to my case and, American citizens, please Senator MCCASKILL has joined with Senator WYDEN, for his comments. join me and help me convince the other them and others, and I believe at one If I could say anything from deep Senators in this room. That is the time point there were as many as 70 down within me to my colleagues who talking filibuster. But now we have the Senators expressing in a letter their are so exercised about this, it would be silent filibuster. support to get rid of the secret hold. this: Before we change the rules, use My good colleague from Tennessee Anyone who wants to hold up legisla- the rules. spoke earlier, and he said: I would like tion should have to stand on this floor We talk about Senator Byrd a lot be- to have the talk-your-head-off pro- and present their objection to this cause he understood the rules so well. I posal. I am glad to hear him back the Chamber, to their colleagues, and to have often told the story of when Sen- talking filibuster—the Jimmy Stewart the American people. ator Baker became the Republican ma- filibuster. That is what this reform When folks have to take a position jority leader in 1981. He went to see does. It says, when folks object to con- on this floor, whether it be through the Senator Byrd, the Democratic leader, cluding debate, it is because they have talking filibuster or through publicly and said: Senator Byrd, I am suddenly something to say, and so we are going announced holds, then the American the majority leader. I will never know to require they come to the floor and public can weigh in. Then you are tak- the rules as well as you do, so I will say it. It is that simple. When nobody ing the business out of the back rooms make a deal with you. If you will not has anything left to say, then we will and onto the floor of this Chamber and surprise me, I will not surprise you. proceed with a majority vote. We don’t American citizens can say: You are a Senator Byrd said: Let me think about change the number of Senators re- hero for your actions or you are a bum it. The next morning he told Senator quired one bit. It is still 60, which com- for what you are doing. Baker he would do that. pletely honors that principle estab- The fifth point is a clear path to de- The reason I mention those two Sen- lished in 1975. bate. Right now, a lot of times we suf- ators is because, before we get too The second main proposal is the right fer through just getting to debate; that mired down in our differences, let us to amend. A number of our colleagues is, getting onto a bill to begin with or think for a moment about what our on both sides of the aisle have been proceeding to a bill. There is probably goal ought to be. The goal for the Sen- very concerned about the fact that no better example of the abuse of the ate, to me, is to return the Senate to issues come to this floor and you can filibuster—which was supposed to be the way it operated during those 8 only amend if you get unanimous con- mutual respect for debate—being used years when Senator Byrd and Senator sent to put an amendment forward, and to prevent debate. So under this pro- Baker were the leaders of their parties. that only works, largely, if there is a posal, there would be 2 hours of debate Four years Senator Byrd was the ma- deal that has been worked out between over whether to proceed to a bill and jority leader and 4 years Senator Baker the majority and the minority leaders. then we would vote. We would either go was the majority leader. Some of my colleagues across the aisle to the bill or we would not. If Senators I have talked to staff members, some say they are offended by their inability then want to filibuster on the bill, they of whom are still around. Senator to amend. can do it, but it would be a talking fili- MERKLEY’s history goes back to Sen- I can assure my colleagues across the buster, where we are not in the back ator Hatfield in 1976, but I first came in aisle that I am equally offended. I rooms, we are out here making our 1967 as Senator Baker’s legislative as- wanted desperately to be able to offer case. sistant, when there was only one legis- amendments to President Obama’s tax These five concepts are not radical lative assistant per Senator. In 1977, I package that came through here be- concepts. They are modest steps to- came back and spent 3 months with cause I think we could have improved ward saying that in this incredibly par- Senator Baker when he became the Re- it, and I think we should have seen tisan environment we now operate in, publican leader, and I followed him amendments from the other side. This where so many press outlets are at- pretty closely during the next 8 years. is an issue of concern from both sides. tacking on each side all the time and Here is the way it worked back then. This proposal addresses that and says so on and so forth, we have to set our- The majority leader—whether it was there will be a guaranteed set of selves on the path to taking ourselves Senator Byrd or Senator Baker—would amendments that the minority leader out of that hyperpartisan atmosphere bring a bill to the floor. He would get can pick from among the minority and start to restore the Senate as a the bill to the floor because Senators members and a guaranteed set of place of dialog and debate. Perhaps knew they were going to get to debate amendments the majority leader can these are modest steps but modest and amend the bill. The Senator from pick from among the majority mem- steps in the right direction, and that is Oregon is talking about no debates oc- bers, but we get the process of amend- an extremely important way to go. So curring today. Well, of course there are ments going. I call on my colleagues on both sides of no debates, because when Republicans

VerDate Mar 15 2010 02:25 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.057 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE January 5, 2011 CONGRESSIONAL RECORD — SENATE S39 come down here with amendments, the most of the time, you would have the are on the Grand Ole Opry, you sing. If majority leader doesn’t let us offer Democrat and the Republican there to- you are in the Senate, you offer amend- them. All those cloture motions he is gether and they would allow amend- ments and you debate. That is what we talking about means the majority lead- ments, would fight other amendments do, that is what we are supposed to do. er is cutting off my right to represent off, and they would get to a conclusion. Yet we have not been allowed to do it. my people and offer an amendment in a There weren’t so many filibusters be- Talking filibusters—if we are talking debate. They are calling a filibuster a cause the majority leader wasn’t cut- about the postcloture period, the prob- cutoff. It wouldn’t be a filibuster if the ting off the right to debate and calling lem with that is the majority has not majority leader weren’t cutting off my it a filibuster. This is a word trick is used the rules. If I object to going for- right, which he has done more than the what this is. ward with a bill, the majority, if they last six majority leaders combined. I have talked to a lot of my friends think I am abusing the rules, can say But let’s go back to what our goal on the Democratic side and a lot of Re- OK, Senator ALEXANDER, get down should be. Senators Byrd or Baker publicans and I think we basically there on the floor because we are going would say: OK. The Energy bill or the want the same thing. I think we want to be here all night. And you can only education bill is up, everybody get a Senate that works better. I think it get 7 hours and then you have to line their amendments in. They might get is now a mere shadow of itself. I agree up 23 other Senators to take 1 hour 300 amendments filed. At some point, with Senator MERKLEY about that but each, and if you stop talking we are the majority leader would say: I ask not because of filibusters. It is because going to put the question to a vote. If unanimous consent that the amend- the majority leader is cutting off de- you do a number of certain other ments be cut off. Of course, they would bate and calling it a filibuster. things we are going to make a dilatory get that after a while because every- The majority leader and the Repub- motion. In other words, the majority body had all the amendments in that lican leader I commend today because can make it really hard for a Senator they could think of. they have been talking about how we who objects. You didn’t go to the majority leader can do better. We all know that chang- Someone said one, two, three, or four down on your knees and say: Mr. Ma- ing our behavior will be more lasting Senators can hold this place up. They jority Leader, may I please offer this than changing the rules. I am glad Sen- cannot hold it up. Because if you have amendment or that amendment. You ators REID and MCCONNELL are working 60 votes you can pass anything. If you just put your amendment out there, on this. They have asked Senator have 60 votes you can pass anything and then they started voting. SCHUMER and me to work on it some and Senator Byrd said in his last testi- Then Senators Byrd and Baker did more, and we are going to do that. We mony before the Rules Committee that something else we don’t do today, have had several meetings and we have you can confront a filibuster by using which is why I am talking about using another this afternoon and we will the rules. the rules before we change the rules. keep working. We will consider care- The last two things we could do are, They debated, they voted; they de- fully these proposals or any others that No. 1, we could stop complaining about bated, they voted; they debated; they come, and we will see if we can come to voting. It happens on the Republican voted. Of course, 300 amendments are a some agreement about how to move side and the Democratic side. If some- lot of amendments to get through. So ahead. body offers an amendment that is con- the leaders and the staff would say to My heartfelt plea is before we change troversial and everybody runs up to the the Senator from North Carolina or the the rules, let’s use the rules. Going leader and says we don’t want to vote Senator from Oregon: Are you sure you down through the list of reform sugges- on that, then too bad. We are here to want 25 amendments? It is Wednesday tions: vote. That is why we are here so we night. No, 10 will be enough. On Thurs- The motion to proceed—that is a dif- should do that. day night they might say: Are you sure ficult one for many of us because if you The third thing we can do, and Sen- you want these five amendments? It is are in the minority the motion to pro- ator Byrd suggested this in his last tes- Thursday night. We are going to be ceed is your weapon to require the ma- timony, is let’s get rid of the 3-day here Friday, and we are going to finish jority to give you amendments. work week. There is not enough time this bill. We will be here Saturday if we Secret holds—Senator WYDEN tells for all the Senators to offer their have to be, and we will be here Sunday. me he and Senator GRASSLEY have been amendments and there is not enough You are going to get your amendments, working on that for 15 years. They time for the majority to confront the and we are going to vote on it, but we have Republican support and Demo- minority if they think the filibuster is are going to finish the bill. That is cratic support for it. Maybe this is the being abused if we have a 3-day work what the leaders did. time to deal with secret holds. I make week, and we never vote on Friday. We Sometimes there would be a piece of my holds public. When I was nominated did not vote on Friday one time last legislation that would come up where for the U.S. Education Secretary by year. one side or the other wanted to kill it President Bush, the Senator from Ohio Let’s use the rules. If you think we and so they would try to kill it. That’s held me up for 3 months and never said are holding something up improperly, just like we would do today, if Demo- why. I went around to see the Senator confront that Senator. Run over him. crats were to bring up a bill to abolish Rudman from New Hampshire and You can do it. You have the power to the secret ballot in union elections. We asked him what to do. He said when he do it if you have 60 votes. In this new would do everything we could to kill it. was nominated by President Ford to Congress there will be plenty of oppor- If the House passes a bill and brings it the Federal Communications Commis- tunities there. over here to repeal the health care law, sion, the Senator from New Hampshire Finally I am going to take these five the Democrats are going to do every- held him up. Finally Rudman withdrew suggestions and work with Senator thing they can to kill it. That is sepa- his name and ran for the Senate SCHUMER and work with my friends on rate. But most of the time under the against the Senator and beat him. That the other side. They are very thought- leadership of Senators Byrd and Baker, is how Senator Rudman got in the Sen- ful. Senator UDALL spent a lot of time the bill came to the floor, there was bi- ate. Secret holds is an area that has on this, Senator WYDEN and Senator partisan cooperation, and there were had a lot of work and bipartisan sup- GRASSLEY spent 15 years. Senator amendments. port. MERKLEY used to be a speaker. We have Why was there bipartisan coopera- The right to offer amendments—the talked a number of times. I greatly re- tion? Because the leaders knew that problem I have with altering the cur- spect his work in his State and the fact unless they had it, they wouldn’t move rent rules is that offering amendments that he has seen the Senate for a long an inch. Being good Senators, they is what we do. I went to see Johnny period of time. I am taking very seri- wanted to do their jobs. In fact, Sen- Cash one time in the 1980s, and I asked ously everything that is said here. I am ator Baker would often tell his Repub- him a dumb question, I said: Johnny, just worried about turning the Senate lican chairmen: Don’t even bring the how many nights are you on the road? into the House. bill to the floor unless the ranking He said: Oh, 200. I said: Why do you do We have a majoritarian organization member, the Democrat, is with you. So that? He said: That is what I do. If you over there. They can repeal the health

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What I hope will be these nominees and others have been When we get a consensus we not only done—certainly the very first day that blocked and no Member of the Senate get a better bill, but usually, the coun- the Senate comes back and is in a posi- will publicly take responsibility for try accepts it better. The American tion to formally act, which appears to worsening this crisis that Chief Justice people like to see us cooperating. They be January 24—is once and for all we Roberts is appropriately so concerned like to see us coming up with a tax bill would bring Democrats and Repub- about. or treaty or civil rights bill or a health licans together around an extraor- We have tried in the past with legis- care bill or a financial regulation bill, dinarily important change in the Sen- lation to end secret holds. We actually where we all have something in it. ate procedures that Senator GRASSLEY got a law passed at one time to get rid They feel better about that product. It and I have been trying to change for of secret holds. We have tried with is the check and the balance that is the literally 15 years. Particularly with the pledges from the leadership of both po- genius of our system. energy and enthusiasm Senator litical parties. In every instance, the Obviously we can do some things bet- MCCASKILL has brought to the cause, I defenders of secrecy have found their ter around here. I am committed to think we are now on the cusp of being way around the requirements and, in trying. I thank my friends for the able to finally get this done. my view, the public interest. amount of time and effort they have It has been clear that if you walk up I will make two points and then I given. I am going to take everything and down the Main Streets of this want to allow Senator MCCASKILL to they have said very seriously and in country, people do not know what a se- have a chance to address this issue. the spirit they have offered it. But I cret hold is. Probably a lot of people There are two points with respect to hope a part of our solution is that we think it is a hair spray. The fact of the why this effort to end secret holds use the rules before we change the matter is there are practically more would be different. The first is that rules because this is the forum to pro- versions of secret holds in the Senate every hold here in the Senate, after the tect minority rights, this is the forum than there are in pro wrestling. But passage of this bipartisan resolution, to force a consensus, and we dare not what a secret hold is really all about, would have a public owner. Every sin- lose that. We dare not lose that. it is one of the most extraordinary gle hold would have a public owner. I yield the floor. powers an individual Senator has here Second, there would be consequences. The PRESIDING OFFICER. The Sen- in the Senate and it can be exercised In the past, there have not been con- ator from Oregon. without any transparency and without sequences for the individual who would Mr. WYDEN. Madam President, I ask any accountability whatsoever. What a object anonymously. In fact, the indi- unanimous consent the Senate proceed secret hold is all about is one Senator vidual who would object would usually to the immediate consideration of the can block the American people, the en- send someone else out to do their ob- bipartisan Wyden-Grassley-McCaskill- tire country, from learning about a jecting for them and there would be Collins resolution to end secret holds, piece of legislation that can involve complete anonymity for, essentially, which is at the desk. billions of dollars, scores and scores of all concerned because the person who The PRESIDING OFFICER. Is there people, or a nomination with the abil- would be objecting would be in effect objection? ity to influence the lives of all Ameri- saying this is not my doing, I am doing Mr. ALEXANDER. Madam President, cans. One Senator can block that con- it for somebody else. reserving the right to object, as I said sideration without owning up to the The heart of this bipartisan com- earlier, Senator WYDEN and Senator fact that Senator is the one who is promise is to make sure that every GRASSLEY and Senator MCCASKILL and defying the public’s right to know hold has a public owner and there others have worked on this, some of about how Senate business is blocked. would be consequences. There may be a them for as long as 15 years. They have That is wrong. It is not about how Senator around here who becomes made significant progress in gaining Republicans see it, or Democrats see it, known as ‘‘Senator Obstruction.’’ Sen- bipartisan support. I am going to ob- it is just common sense. Most people ator Obstruction is the one who is try- ject but only for the reason that this is say, when you tell them that a Senator ing to block public business. Let him one of the items we will be discussing can block an enormously important explain it to the American people. and working on over the next few piece of legislation or a nomination I will have more to say about it in a weeks with the hope that perhaps we that affects millions of people and they little bit, and there is the possibility of can get agreement over here and agree- can do it in secret, I can’t believe you other colleagues coming to speak. But ment over there. It has been mentioned have those kinds of rules. Senator MCCASKILL has brought the by all of the speakers today. It is a The fact is, that is the way the Sen- kind of energy and passion to this that very serious proposal. But because we ate operates. Suffice it to say it is get- has made it possible for us to, as I say, do not want to resolve it today, I ob- ting worse. A few days ago, for exam- be on the cusp of finally forcing, here ject. ple, Chief Justice Roberts said that the in the Senate, public business to be The PRESIDING OFFICER. Objec- number of vacancies on our courts is done in public. I thank her for all her tion having been heard, the resolution creating a judicial emergency. Those help and will allow her to take the will go over under the rule. are the words of Chief Justice Roberts. time. She said she thought she might The Senator from Oregon. At least 19 Federal judges have been speak for around 10 minutes. Senator Mr. WYDEN. Madam President, be- approved by the Senate Judiciary Com- KLOBUCHAR, who has also been a great fore he leaves the floor, let me thank mittee unanimously or near unani- and passionate advocate of open gov- Senator ALEXANDER for the discussions mously and never got a vote on the ernment, will also speak, and for col- he has had with me on this issue. Sen- floor of the Senate. Not one Senator leagues who have an interest we have ator MCCONNELL has also spoken with has publicly taken responsibility for 30 minutes of time. me about this. I wish we were getting worsening the judicial crisis that Chief I say to Senator MCCASKILL, with ap- this done today, largely because this Justice Roberts has been decrying over preciation for all she has done, the would give us a chance on the first day the last few days. Think about that. time is hers. of the Senate’s new session to send a The Chief Justice of the United States The PRESIDING OFFICER. The Sen- message that once and for all we were during the Christmas holidays included ator from Missouri. deep-sixing secrecy, that we were say- in his annual report on the Judiciary Mrs. MCCASKILL. Madam President, ing public business ought to be done in that the delay in confirming federal when I arrived in this Chamber 4 years public. I wish it were being done today judges is creating an emergency in the ago at this time, I had no idea what the but I understand completely the senti- judicial system. ways of the Senate were. I had an idea

VerDate Mar 15 2010 02:25 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.059 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE January 5, 2011 CONGRESSIONAL RECORD — SENATE S41 that this was a place where people are going to have accountability and get the Deputy Secretary of the Inte- came to debate and to have a collegial transparency. But yet we seem to be rior through. I mean, I am making up relationship with fellow Senators embroiled, down at this end of the hall, this example, but this was actually across the aisle. There had been a lot of with not even being able to get beyond going on. It is like you secretly hold problems with ethical issues in the a secret hold. This should not be hard; something so that you can get them to Capitol. So one of the first things that this should be easy. give you something else. That is the es- happened to the class of 2006 was S. 1, Now, some of the other provisions sence of the backroom dealing that and S. 1 was a far-reaching ethics bill that are being debated today, I under- people are disgusted with. Own it. Be that included things such as no more stand there is concern about the power proud of it. Defend it. Debate it. But do free flights on corporate jets. It in- of the minority in the Senate. I think not hide it. That is what this is all cluded new requirements in terms of those concerns have been addressed in about. gifts from lobbyists, and it also in- the resolution that has been presented I thank all of my colleagues who cluded a provision that I did not know by Senator MERKLEY and Senator have worked on this. I just want to at the time had been worked on by UDALL and Senator HARKIN from Iowa. close with this comment: Bad habits Senator WYDEN and Senator GRASSLEY But if we cannot get 67 votes to end have consequences, and if we do not for many years. secret holds and amend the rules, how take this opportunity to fix what is That provision said we were not seriously can we take anybody who going on in the Senate—this is not the going to have secret holds anymore. So claims they want accountability and way the Senate has operated for hun- imagine how great I felt on January 18, transparency in government? I mean, dreds of years. If we do not change this 2007, that we had done this comprehen- this is the hall of fame of hypocrisy. path, then we are going to be on this sive ethics bill that was going to clean This is not just hypocrisy, it is the hall path forever. And if the minority now up our act, and that we were not going of fame. So that is why I think we have does not think that when the time to have secret holds. Well, I find it to get busy and get the secret hold pro- comes they may not be in the minority ironic that Senator ALEXANDER says: vision done. anymore, if we do not think we have Well, just use the rules. Just use them. I would like to see us get all of these not learned from them—seriously? Well, so when I started figuring out reforms done. I wanted to spend a sec- This place is going to be dysfunc- that the game around here in the last ond on what Senator ALEXANDER’s sug- tional as far as the eye can see because 18 months had developed into a game of gestion was. His suggestion was to use they will fill the tree and we will just secret holds, I asked my staff: Hey, did the rules. Well, honestly, does he think block everything. Then they will block we not have something in S. 1 about se- the way to solve this problem is to everything and we will fill the tree. cret holds? Not knowing really the re- force the majority to stay here all This is going to go on forever until lationship that language had to Sen- night, with staff, spending the tax- there are enough people around here who are willing to set aside the polit- ator WYDEN and Senator GRASSLEY. payers’ money to force someone over So my staff pulled out the legislation and over again to say, ‘‘I object’’? ical maneuvering and do what is right and we looked at it. I said: Well, right We cannot make the minority talk. for the future of deliberations in a body here it says they cannot do it. So I So that means the majority, whether it that we all want to be proud of. But began coming down to the floor and is Democrats or Republicans, has to right now we cannot be so proud of the using the law. stay all night and call the question. way we operate. I thank the Senator from Oregon and I did exactly what Senator ALEX- They do not have to have—I mean, we all of the Senators who have worked on ANDER recommended. I came down here could do live quorum calls, but that is this issue. I hope we can pull back from and began making motion after mo- what we need to do to make this place the brink because that is where we are. tion, which under the language of that work? That is his suggestion, to force We are about ready to institutionalize statute would seem to indicate all of the people who are objecting and the a way of operating around here that is the Senators supported—except for a staff and the people around here to not something that any of us should be handful—that once you made these mo- stay here all night every night until someone breaks? That is a good idea? proud of. tions people would have to come out of I yield the floor. I think that means someone has the shadows and claim their holds. The PRESIDING OFFICER. The Sen- probably been around here too long. It Well, that is when I discovered the ator from Oregon. people who voted for this, or a bunch of does not sound like a good idea, that it Mr. WYDEN. How much time re- them, did not mean it. They did not is not a commonsense idea that we mains on our side? mean it. It was window dressing. They would be promoting on Main Street in The PRESIDING OFFICER. The Sen- were not sincere about ending secret Missouri. I think it makes more sense, ator has 13 minutes remaining. holds because we discovered, when we if you are the minority and you want Mr. WYDEN. Madam President, I started trying to use that language, to block legislation that you own it. yield 5 minutes to the Senator from some of the folks who voted for it were Just own it. Block it. That is what the Minnesota. doing the old switcheroo. When they Senate is about. The minority can con- Ms. KLOBUCHAR. I thank Senator were called upon under the law to re- tinue to block legislation whether the WYDEN for his leadership. veal their holds, they would just hand Democrats are in the minority or the Madam President, as we begin the their hold off to someone else. Republicans are in the minority. They 112th Congress, I first congratulate my That is when I began getting frus- can block all the legislation they want. colleagues on how we ended the 111th trated with the games that were being They just have to own it. They have to Congress. We had an incredibly produc- played. I thank Senator WYDEN and be willing to say they are blocking this tive lameduck session, ensuring that Senator GRASSLEY and others who have for the following reasons—because we taxes were not raised on the middle worked on this, but I will tell you what think it is important—and let the peo- class during an economic downturn, is the most depressing thing I have ple decide. ratifying the START treaty, among heard today: that this is something Same thing with holds. You want to other things. We worked together to that has been worked on for 15 years. hold something, hold it. But let the solve problems. This was not always Now, seriously, think about that. We people decide whether you are being the case during the last Congress. But have allowed people to secretly hold reasonable or whether you are—really we ended on a high note. nominations and the people’s business, what I was disgusted to learn is how As our work begins today anew, we and there have been Members trying to many people were using secret holds. all know there is still a great deal of clean it up for 15 years. We wonder why In fact, they brag about it. They are work to be done. We have a lot of work we are having trouble with our ap- using secret holds to get something ahead of us to ensure that American proval ratings. else. I am going to hold this nominee in workers can find jobs, to get our pri- Nothing is more hypocritical than all this department because I want money vate sector economy back on track, to of the sanctimonious stuff I am hearing for a community center in my town. If find long-term solutions to our mount- down the hall about the new era, no you do not give me money for a com- ing deficit. Because of the urgent busi- more business as usual, no more. We munity center in my town, you cannot ness that is in front of us, I am hopeful

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This is not who couldn’t be considered because of a colleagues who have been working on how we come together to find practical hold and we could not identify who was this issue—Senator UDALL from New solutions to our common problems. objecting, the same with the U.S. at- Mexico, Senator MERKLEY, Senator Our current system is a far cry from torney nominee. These are the real HARKIN, Senator WYDEN, Senator Jimmy Stewart. That is why a group of consequences of secret holds. MCCASKILL, and also Senator GRASS- us have been working to get some leg- The big winners in these secret holds LEY, which is important work on the islation passed to change the rules are the lobbyists. The lobbyists benefit secret holds. going forward. When you think about tremendously from secret holds. Prac- The elections on November 2 sent a the history of the Senate—and I lis- tically every Senator has received re- message to every Member of Congress tened with great respect as my col- quests from a lobbyist asking if the that the American people are not inter- leagues talked about the tradition and Senator would put a secret hold on a ested in partisan bickering or proce- the importance of the rules of the Sen- bill or a nomination in order to kill it dural backlogs or the gamesmanship ate, about protecting the rules of the without getting any public debate and and gridlock that prevents elected offi- minority. None of these proposals will without the lobbyist’s fingerprints ap- cials from doing their job. We were not interfere with the rights of the minor- pearing anywhere. If you can get a Sen- hired by our constituents to hide be- ity to filibuster any piece of legisla- ator to go out and put an anonymous hind outdated Senate rules as an ex- tion. hold on a bill, you have then hit the cuse for not accomplishing things or But when you look at the history of lobbyist jackpot. No lobbyist can win not taking tough votes. That is just the Senate, it is about tradition. As more significantly than by getting a what the current Senate rules are al- time goes forward, there have been Senator to secretly object because the lowing us to do. changes to the Senate rules. Every few Senator is protected by the cloak of I heard a lot from my friend from decades there are changes to the Sen- anonymity, but so is the lobbyist. With Tennessee about how we should use the ate rules. Look at my former col- a secret hold, Senators can play both current rules. But the problem I have league, Vice President Mondale, a sides of the street. They can give a lob- is that too many people have been great leader who made significant byist a victory for their clients with- abusing the current rules. First, as changes to the Senate rules. out alienating potential or future cli- Senator WYDEN, Senator MCCASKILL, This is all about transparency and ents. Senator GRASSLEY have so eloquently accountability. I urge my colleagues to Given the number of instances where stated, we have to permanently end the support this resolution. I have heard of lobbyists asking for se- practice known as secret holds, which I yield the floor. cret holds, I wish to say that those who basically allows one or two Members of The PRESIDING OFFICER (Mr. oppose our efforts to end secret holds the Senate to prevent nominations or WHITEHOUSE.) The Senator from Or- are basically saying we ought to give legislation from reaching the Senate egon. lobbyists an extra tool, an extension of floor without identifying themselves. Mr. WYDEN. Mr. President, I do not the tools they already have in order to We thought we had this done, as Sen- see any of our colleagues who want to advocate for their clients and defy pub- ator MCCASKILL pointed out, with the speak on the bipartisan efforts to end lic accountability. ethics bill we passed when we first secret holds, so let me make a couple We passed stricter ethics require- came into this Chamber. But, unfortu- of comments in wrapping up. ments with respect to lobbyists. But it nately, once again, those rules were The first is, Senator GRASSLEY and I looks to me to be the height of hypoc- abused. There are some Senators who and others who have been at this for so risy if the Senate adopts a variety of are playing games with the rules. They long have been willing in the past to changes to curtail lobbying, as has are following the letter but not the just put a statement in the CONGRES- been done in the past, and at the same spirit of the reforms we adopted. SIONAL RECORD when, in the handful of time allows lobbyists to continue to Look at the kind of secret holds we instances, we thought it was important benefit, as so many special interests have seen, secret holds preventing the to block a particular piece of legisla- have, from secret holds. President from assembling the team he tion or a nomination. We felt it was This is the opportunity, after a dec- needs to run the executive branch. This important to be publicly accountable. ade and a half, for the public to get a summer, for example, secret holds were All we are asking is that principle of fair shake and for the public interest to placed on two members of the Marine openness, transparency, and govern- come first. We have tried this in the Mammal Commission for months. The ment in the sunshine apply to all Mem- past. We have tried this in the past Marine Mammal Commission—held se- bers of the Senate. with pledges and by passing a law and cret in a hold while the Deepwater Ho- The fact is, secrecy has real con- each time the supporters of secrecy rizon oilspill was continuing to play sequences. I mentioned the fact that found ways around it. But I think the out in the gulf region. Chief Justice Roberts has been so con- public has caught on. A second example of what we have to cerned about the judicial emergency he Suffice to say, there are going to be get done is filibuster reform. It is a has seen develop in the court system. I plenty of differences between Demo- long-standing tradition in the Senate saw during the lameduck session, on a crats and Republicans with respect to that one Senator can, if he or she bipartisan bill Senator CORNYN and I how to reform the rules of the Senate. chooses, hold the floor to explain ob- spent many months on to combat sex What I think has come to light is, it jections to a bill. We think of Jimmy trafficking, the consequences of a se- doesn’t pass the smell test to keep ar- Stewart’s character, Jefferson Smith, cret hold. When our bill passed the guing that Senate business ought to be in ‘‘Mr. Smith Goes to Washington,’’ as Senate, it went over to the House of done in secret. The American people a shining example of how individual Representatives, was passed in the don’t buy that anymore. They think conscience can matter because an indi- House, and then came back to the Sen- this ought to be an open institution, a vidual can stay on the Senate floor to ate and was blocked secretly. And this place where every Senator is held ac- the point of exhaustion in order to sty- was a bipartisan bill to allow us to countable. mie a corrupt piece of legislation. strengthen the tools law enforcement This time it is going to be different. Well, that is not how the filibuster would have in order to fight sex traf- There are going to be public owners of works in practice today. Today, an in- ficking, to provide urgently needed any hold. There are going to be con- dividual Senator virtually has the shelters to sex trafficking victims. A sequences for any Senator who tries to power to prevent legislation from being bipartisan bill Senator CORNYN and I block a bill or a nomination in secret. considered by merely threatening a fil- spent many months on did not become This is going to be an important vote ibuster. At that point, the majority law during the lameduck session be- when we come back, a very important leader must file a cloture motion in cause of a secret hold. vote, and finally one that will require

VerDate Mar 15 2010 03:55 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.069 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE January 5, 2011 CONGRESSIONAL RECORD — SENATE S43 that public business in the Senate be When was the last one? And they said: from the era when my father was Sec- done in public. Well, you would go back to 1992 and retary of the Interior. I was a kid. I re- I yield the floor. Alfonse D’Amato, where he took 12 member when he went into office. In The PRESIDING OFFICER. The Sen- hours to talk about an issue in New visiting with him about that later, I ator from Washington. York that he was passionate about. said: We can’t get executive people in Mrs. MURRAY. Mr. President, I ask So when Senator ALEXANDER asked place. They don’t have their team. He unanimous consent to speak as in us, What is a filibuster, that is my de- said: TOM, I had my whole team in morning business for 7 minutes. scription of what a filibuster is. place the first 2 weeks. So you are The PRESIDING OFFICER. Without But what I think the real question talking about the whole team for the objection, it is so ordered. is—and I would like Senator ALEX- Department of the Interior in the first (The remarks of Mrs. MURRAY and ANDER, when he returns, to answer 2 weeks. Mrs. HAGAN are printed in today’s this—is, What impact has the threat of I remember the Washington Post did RECORD under ‘‘Morning Business.’’) a filibuster had? What impact has the an extensive study of the first year of Mrs. HAGAN. Mr. President, I yield threat of a filibuster had? So people are the Obama administration. So imagine: the floor and suggest the absence of a probably asking: What are we talking President Obama takes office. He goes quorum. about when we say ‘‘the threat of a fili- through a year, and he only had 55 per- The PRESIDING OFFICER. The buster’’? Well, actually we have been cent of his executive nominations in clerk will call the roll. talking about it all day. place. So he only had 55 percent of his The legislative clerk proceeded to First of all, it is the secret holds. As team. call the roll. our Presiding Officer, who sits on the Those of us who believe in govern- Mr. UDALL of New Mexico. Mr. Judiciary Committee, knows, they ment, believe that government does President, I ask unanimous consent work very hard in the Judiciary Com- good things out there, find that appall- that the order for the quorum call be mittee. They produce a bipartisan re- ing because we believe if you put peo- rescinded. sult on these judicial nominations. ple in place, they will be responsive to The PRESIDING OFFICER. Without These judicial nominations come out. citizens on the particular issues of objection, it is so ordered. They are put on the calendar. Then those departments. So that is very im- Mr. UDALL of New Mexico. Mr. months and months and months later portant, I believe, getting executive President, with the process we are in some of them get up for a vote. nominations in place. So that is what right now—and we have had questions I do not know about the exact num- the threat of a filibuster ends up doing. back and forth on this whole issue of ber, but my understanding is that we I see my colleague from Mississippi, Senate rules reform—I want to respond had to send back to the President a and I do not know whether he is going to Senator ALEXANDER because Senator number of judicial nominations that to step in for Mr. ALEXANDER and ask ALEXANDER raised some questions, and had received bipartisan support from questions. We are in this questioning some of those questions were not an- the committee. We finished our busi- back and forth period. Senator HARKIN swered on our side. So I want to put in ness in December, and we sent those may want to say something on the a couple responses here. nominations back, only to have to have question issue here too. What impact Senator ALEXANDER asked the ques- the President send them back down has the threat of a filibuster had? tion: What is a filibuster? He was ask- again because it is a new Congress. We We can hear the argument—Senator ing our side. He was asking in this de- are going to have to have hearings all ALEXANDER has made this a number of bate, what is a filibuster? Well, all of over. This is the kind of situation we times—look at all the great things you us know and we have heard in this de- are in. So that is one specific case of accomplished in the lameduck and look at all the great things you feel you ac- bate what a true filibuster is. We saw a the threat of a filibuster. And we have complished in terms of health care, the hero here on our side in terms of a true these all the time. One of the ones that is the most re- stimulus package, and financial re- filibuster when it came to BERNIE markable to me—and I am not going to form. But the reality is, in order to ac- SANDERS just a week or so ago, where pick out the Senator or the exact com- complish those in the constant fili- he stood up for 8 hours to oppose a tax mittee—but a number of us, as Sen- buster we were in, we have basically package on principle. He took the floor ators, saw a stack of bills, a stack of destroyed our institution. As some of and he spoke and spoke passionately. legislation that had come out, on a bi- the more senior Senators here have I say to Senator HARKIN, another ex- partisan basis, from one of our commit- told me, the Senate is kind of a shadow ample of a true filibuster is from a tees that was very thick, and it was of itself. movie the American public knows the legislation from 2 years—2 years—of What I do mean: ‘‘We have destroyed best, a Jimmy Stewart movie, ‘‘Mr. that committee legislating in a bipar- the institution’’? Well, it used to be Smith Goes to Washington.’’ Senator tisan way, and those Democrats and that our big oversight function was to MERKLEY earlier had some charts on Republicans working together and look over the money bills for the gov- that, and he showed Mr. Smith on the doing the hard work, and one Senator— ernment, the appropriations bills. floor, surrounded by other Senators, one Senator—held up all of that legis- Guess what. Last year we did not do a where he spoke until he collapsed. lation this last Congress, held it up single appropriations bill on the floor Then you have the old-time tales of completely. of the Senate. You do not have to go the Southern Democrats when civil That is the threat of a filibuster. You back very far when we used to bring all rights legislation was being pushed in may say: Well, how did that happen? 12 of those bills to the floor, and we the 1950s and 1960s, when a number of What happens is, the legislation comes would have 2 or 3 days of lively debate. what you would say were Northern out of committee, and a Senator— Every Senator could put in amend- Senators were pushing an anti-lynch- whom we do not even know; a lot of us ments. ing law because lynching was going on suspect after various things that have Senator HARKIN knows because he is in the South. So they were trying to happened over time, but the Senator one of the cardinals, he is the chairman say you cannot do that, and Southern comes down and says, in a secret way of one of these committees. It is a very Senators would stand up—I think to his leader: Well, if you bring any of helpful process, one for the agency to sometimes the record was in the range those bills to the floor, I am going to know that all Senators are overlooking of 20 hours or 25 hours where they were filibuster. that agency, and for a person in Sen- completely exhausted from speaking That is what the threat of a fili- ator HARKIN’s position, as the chair of on the floor. buster is. But that is an agreement the committee, to know what the con- So that is what the American public that none of us knows about. So the cern of the entire body is. But we have thinks about a filibuster. threat of a filibuster has had an enor- given that up. We do not do that any- Well, we know that is not what is mous impact on this institution. more, and it is because of the constant happening here. I have been here for 2 Let me describe a couple of other filibuster and the threat of filibuster. years, and the only real filibuster I saw things. So you have that situation. was the BERNIE SANDERS filibuster. I I talked about judicial nominations. I would think my friend from Mis- asked one of the historians, I think: As to executive nominations, I come sissippi, the Senator from Mississippi,

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The filibuster has been the right direction, the one thing you tricia Smith to be Solicitor General of twisted in a way that it does exactly want to do is a budget. You want to the Department of Labor. We had our what the Senator is talking about— pass a budget and set some outlines hearings, I say to my friend from Kan- slowing everything down. It is an at- there. sas who is not here right now. We had tempt, in a way, to defeat the majority Well, we did not do a budget last year our hearings in committee. She an- from governing. because we were in a constant fili- swered questions, answered written I think the Senator cited the Fed- buster, the threat of a filibuster. And questions. We reported her out of com- eralist Papers. One of the biggest dan- the story goes on and on. mittee. We came here to the floor. We gers in a democracy is if you give the So I say to Senator HARKIN, we are in had to file cloture on Patricia Smith to power to the minority to shut down the the question phase right now. I am be Solicitor of Labor, so we filed clo- ability of the majority to govern. If going to yield the floor. I am sure there ture. We got the 60 votes. But as we you do that, you have rendered your is time still on the other side. But I know, under postcloture you get 30 democracy useless because then you think the question is not, as Senator hours. Well, the minority forced us to get yourself into a situation, as the ALEXANDER raised it, What is a fili- use the 30 hours. Senator ENZI, our Senator from Iowa knows, where they buster? The real question out there— ranking member, came and spoke for 15 can prevent the majority from doing for when Senator ALEXANDER returns— minutes and left, and I sat here for 30 anything and then run in a campaign is, What impact has the threat of a fili- hours and no one spoke. So for 29 hours and say: Well, they didn’t do anything, buster had on this institution we love and 45 minutes we sat here doing noth- which is kind of a hypocritical way to of the Senate? ing, unable to do anything, on a nomi- approach legislating. I yield the floor. nee who had over 60 votes. At that One of the things that is remarkable The PRESIDING OFFICER. The Sen- time, the record will show, I kept ask- to me—and I served over in the House ator from Iowa. ing: Why are we here? of Representatives for 10 years and I Mr. HARKIN. Mr. President, I hope Why are we using 30 hours of the Sen- know we don’t have to take up every the Senator from New Mexico will stay ate’s time, when nobody is even speak- House bill the way it is written and we on the floor. I wish to engage in a col- ing and we already have the 60 votes don’t have to respond to every bill, but loquy with the Senator from New Mex- for Patricia Smith? That is an example when you hear the fact that 400 House ico on the topic on which he just spoke. of what the filibuster has become. It of Representatives bills in 2 years—the I say to my friend from New Mexico, has become a tool in order to slow ev- last session of Congress—were sent the Senator from Tennessee, as I un- erything down. over here and we ended up—the young- derstand, had propounded the question, For example, nominees. We had er Members of the Senate were inter- what is a filibuster? The Senator from nominees who got through here on a 99- ested in some of these bills. We looked New Mexico has been very eloquent in to-0 vote after being held up for 6 into them. We found out that these responding to that, talking about the months. Well, what if, I ask, we have to were on veterans issues and many were filibuster. But I think the better ques- file cloture on every nominee and then good bills. We found out they had to do tion is, what has a filibuster become, every nominee has a vote on cloture with small business, and they were because as the Senator pointed out and and then you have 30 more hours. If good bills. We found out they had to do as Senator MERKLEY pointed out, this you did that on every nominee, I be- with building the economy and eco- whole image of someone standing on lieve the majority leader said we would nomic growth and those kinds of things the floor and speaking until they drop be here from January through August and that they were good bills. But we such as Senator D’Amato or Senator doing nothing every day of the week didn’t have the time to act upon them Thurman back in the old days on the except nominations. How would we because the way the filibuster is being civil rights bills or even Senator SAND- ever get anything else done? utilized is to defeat our ability to move ERS a few weeks ago, that is not really The question is, What has the fili- forward. a filibuster any longer. So what has a buster become? It has become a means The one other area I wish to men- filibuster become? whereby a few—this, I guess, would be tion—and I know this is something Let me go back again a little bit in the question I might propound to my that concerns our friends on the other history. In the 19th century, in the friend from New Mexico or at least sug- side—if you are talking about making 1800s, the filibuster was used, if I am gest that he might respond. Has not government responsible, fiscally re- not mistaken, about 20 times during the filibuster or the threat of a fili- sponsible, doing oversight over govern- that whole 100 years. But it was used buster become a tool by which one or ment—and they say they are going to under a different set of circumstances. two or three or four Senators can abso- do all this oversight in the House—one In the 1800s, a Senator or a Congress- lutely slow down or stop things from of the best ways to do oversight is in man was elected in November, but the coming to the Senate? Has not the fili- an authorization bill. As everybody session of Congress lasted until March. buster become a tool by which one Sen- knows, we have an authorization proc- The Senators or Congressmen elected ator who publicly announces that his ess, and we have an appropriations in November actually did not take goal is total gridlock of the Senate— process. Well, apparently now, with the their seats here until a year and a total gridlock—has not the filibuster studies being done at the Center for month later, in December of the fol- then become the tool by which one American Research—and Senator HAR- lowing year. So sometimes, in this Senator can impose gridlock on the KIN would know this more than others ‘‘lameduck’’ session that ended in Senate? Is that not what the filibuster because he serves on the Appropria- March, people in the majority party— has become? tions Committee—a major part of our especially if they had lost the elec- Mr. UDALL of New Mexico. The Sen- appropriations are unauthorized now. I tion—would try to ram through a lot of ator from Iowa makes an excellent think the figure I saw was close to 40 stuff. The minority party would speak point. I was here for his talk earlier, percent. So that means if these are un- until the session ended in March so where the Senator led with the fili- authorized appropriations, it means that nothing would get done, and then buster and laid it out and Senator AL- the side of our Senate and the side of they would pick it up in December EXANDER came back and asked these our Congress that deals with authoriza- when the new Senate and House would questions. I think the key question is tion, that is an oversight. You go in meet. So it was a means of stopping on- the one the Senator just asked, which there in the authorization process and erous legislation for a short period of is: What has a filibuster become? The look at an agency and you say: How is time. Senator seemed to be defending the this program functioning? Is this pro- That was in the 19th century. We old-fashioned filibuster that no longer gram effective, a good program, some- have a different situation now. So the exists. That is the situation we have. thing that is working?

VerDate Mar 15 2010 02:25 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.071 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE January 5, 2011 CONGRESSIONAL RECORD — SENATE S45 If the answers come back and you great leader in this effort. As a former as possible on legislation, and we try have evidence it is not working, you speaker of the legislature in Oregon, he hard to do that. But if that is not pos- write in the authorization we are get- has lent a great deal of expertise to our sible, does that mean that 53 or 54 or 55 ting rid of that. If you don’t do any au- thinking and in evolving how we mod- or 56 Senators cannot then vote to pass thorizations at all and the authoriza- ify our rules to make this place func- a piece of legislation or an amend- tion doesn’t come to the Senate floor tion a little better. I thank Senator ment? and all Senators don’t have an oppor- MERKLEY for his leadership. A lot of I ask my friends, what about this tunity to participate, then you are giv- what was in the measure that Senator idea of consensus? Have we come to ing up that kind of essential oversight. UDALL sent to the desk earlier today is where we have to have a super- I would think they would be for that. what Senator MERKLEY has devised. majority? Is that the situation we are Guess how many authorizations we did These are things we need to do. in now? last year. How many? We did one. We I ask again to bring this up here for Mr. UDALL of New Mexico. The Sen- did it at the very last minute as we maybe a brief discussion, if I might. ator from Iowa and my good friend, the went out of town, and that was the De- This is something Senator CORNYN and Senator from Oregon, want to speak. fense Department authorization. That I got into a little bit earlier. He went The Senator mentioned—and I want to was held up with a filibuster because it on at length about building consensus; put this quote in the RECORD—the Sen- had don’t ask, don’t tell in the bill. that we want to build consensus and ator from Texas, Mr. CORNYN, who So here we are at war—we have two have bills over here with a consensus. came to the floor and talked today. wars going on. As Chairman LEVIN Well, I agree with that. You try to get One of the reasons I have a real belief said, a lot of the things in that bill as much consensus as possible. Obvi- that we might have some common were to help the military do a better ously, if you can get 100 Senators, that ground is he was a judge before he job and help the fighters on the ground is nice—or 80 or 70. It is always nice to came to the Senate. I think he was on in these two wars and we weren’t able get as many as possible. I ask my the supreme court in the State of to get them done at the start of the fis- friends, isn’t it sometimes true that Texas. On this issue of the constitu- cal year and move forward. So we were legislation comes up that can be con- tional option, he wrote a law review ar- able to get it done before we left. I was tentious, and you can open it—I think ticle in the Harvard Journal of Law happy about that. How about intel- it ought to be opened in the committee and Public Policy. The name of the ar- ligence and the huge agencies that run process for amendments. I pointed to ticle was ‘‘Our Broken Judicial Con- the health care programs and all those? the health care bill that we had in our firmation Process and the Need for Fil- We have not done that oversight. HELP Committee, and the occupant of ibuster Reform.’’ To the Senator’s question what has the chair was so vitally involved with Listen to this. This is Senator JOHN the filibuster become, it has become that. We had 54 hours and 13 days of CORNYN of Texas: something pretty horrible in the his- open markup and open session. No Sen- Just as one Congress cannot enact a law tory of the Senate. If we don’t fix this, ator was denied the opportunity to that a subsequent Congress could not amend we are going to be in a bad way. The offer any amendment on that bill—Re- by majority vote, one Senate cannot enact a way to fix it is the constitutional op- publicans or Democrats. Senator Dodd rule that a subsequent Senate could not amend by majority vote. Such power, after tion. That is the wonderful thing about was chairing at the time. We adopted all, would violate the general common law where we are today. 161 Republican amendments. Imagine principle that one parliament cannot bind Today, we are in the first legislative that, over 13 days, 161 Republican another. day of the beginning of the 112th Con- amendments. As I said, nobody was cut He is basically driving home the gress. What everybody has told us on off. point that we have the authority that first legislative day is that we can Yet at end of that, when we finally today, on the first day of the 112th Con- have all these rules proposals. The Sen- brought it up for a vote, not one Re- gress, the first legislative day, to pull ator from Iowa has one and Senator publican voted for it, even though they together and take a hard look at the MERKLEY and myself have one and Sen- had a big hand in shaping it. So when- rules. The Senator from Iowa raised a ator WYDEN. Guess what. If we round ever I hear comments that ‘‘we didn’t very important issue on consensus. I up 51 Senators—and they don’t have to have a hand in shaping the health care am going to pass this off to Senator be only Democrats—who say, No. 1, bill,’’ I don’t understand that. I know MERKLEY in this colloquy and let him here are rules changes we want to in the Finance Committee Senator answer that point. Maybe he may have make with 51 Senators, we can cut off BAUCUS bent over backward to make another question. debate on those changes and 51 Sen- sure Senators on both sides could offer I wish our friends on the other side of ators—a majority—can vote those rules amendments and be a part of the proc- the aisle were here for this discussion. in, and we can fix the situation we ess. I say, if they don’t want to vote for Senator ALEXANDER was here earlier. have all been talking about here. it in the end, fine; that is their right We had Senator WICKER. But nobody is I think the Senator’s question is the and privilege. People can vote their here to answer the questions we are right one. The filibuster has become a conscience and on behalf of their con- putting that way, but we are answering procedural morass. stituents. But we weren’t able to get a the ones this way. Mr. HARKIN. I thank my friend from consensus on it. Mr. HARKIN. Mr. President, hope- New Mexico. I also thank him for his So if you have a bill on which you fully, I say to my friend from New Mex- great leadership on the constitutional can’t get a consensus, does that mean ico, when we come back on the 25th we option. I am a cosponsor of his resolu- we should stop? As I asked the Senator will engage in more of this discussion. tion, which he sent to the desk earlier from Texas, does that mean every bill I should yield the floor. I wanted to today. He is right on target. The dead has to have 60 votes? Is that what we raise that question about consensus be- hand of the past cannot bind us. Every have become—no bill will pass here un- cause it sounds so good, and we all love Congress, on the first legislative day— less it has 60 votes or more? The Sen- consensus. Of course we do. But some- as Senator Byrd said himself in the ator from Texas pointed out, correctly, times we cannot get it. Does that mean past—has the authority, with 51 Sen- that some bills pass here by unanimous then that the majority cannot act if ators, to set our rules—not two-thirds, consent. Fine. That is 100 votes. So do they do not get consensus of over 60? just 51. We are on that first legislative they mean we have to have a minimum Does that mean the majority simply day today. of 60 to 100 votes in order for anything cannot act? I understand the leader will put us to pass? What happened to majority Mr. President, I leave the question into recess so we will stay in the first rules? What happened to the idea that hanging and yield the floor. legislative day when we come back. So you only need 51 percent? Isn’t that The PRESIDING OFFICER. The Sen- we will be on this issue when we come sort of the basis of a democratic gov- ator from Oregon. back on January 25. ernment? Mr. MERKLEY. Mr. President, con- I wonder if I might explore a little Again, I ask my friends about this tinuing the conversation, my colleague bit with my friends who are here—and idea of consensus. Yes, we all want to from New Mexico pointed out the chal- the Senator from Oregon has been a get that. We all want as many Senators lenge with authorization bills. We

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I put back up the chart of Jimmy the silent, the secret filibuster but Senator SCHUMER has been in harness Stewart in the well because I think at should have to have the talking fili- on this issue trying to get us to the the heart of this conversation is a no- buster. point where we can have meaningful tion that, yes, every Senator should be I applaud my colleague from Iowa, changes in the rules so that this place able to hold forth, to share their idea, my colleague from New Mexico, and can function a little bit better and a to advocate that in which they believe, my colleagues who are about to little bit more democratically—with a to persuade their colleagues, but not to speak—Senator MARK UDALL from Col- small ‘‘d,’’ not democratically in terms simply lodge an objection and walk orado—and say we have a couple weeks of political affiliation. away and never present their case be- now in America to have a debate on the I know in the next few weeks Senator fore the American people. dysfunction and brokenness of the Sen- SCHUMER is going to be very much in- Our good colleague from Tennessee ate. We are asking the American public volved as one on our leadership team, said he wanted to see—how did he put to engage, to call your Senators, to along with Senator REID and others, it?—something to the effect of a ‘‘talk- share your concerns about a Senate seeing what we can do to work things ing your heads off’’ form of filibuster, that cannot do authorizations, that has out so we can have a meaningful and he referred to Jimmy Stewart. not done appropriations, that leaves change in the rules. There is a sense of commonality in hundreds of House bills on the floor, Again, I am all for getting rid of se- our views that if one is going to vote to and that cannot fulfill its constitu- cret holds, but that seems to be kind of continue debate, then the debate tional responsibility to advise and con- a no-brainer. That would probably get should continue—it is that simple—so sent on nominations, thereby under- close to 100 votes. But if that is all we the citizens can see if you have a case are going to do, that is not a very mining our other two branches of gov- to make that makes sense, and they meaningful change in the rules. ernment. I submit that what Senator UDALL, can weigh in and help turn the tide in This has to be addressed. That is why Senator MERKLEY, and others have in- the direction of the Senator, or that we are here. troduced, or I submitted myself going you have no case to make and they The PRESIDING OFFICER (Mr. want you to sit down and have the Sen- on for 15 years now, that is meaningful MANCHIN). The Senator from Iowa. ate get on with its business. That is Mr. HARKIN. Mr. President, I thank change in the rules. I know Senator simple. the Senator from Oregon for his leader- SCHUMER is going to be very much in- volved in that discussion. I applaud There are many ideas for much more ship. I want to rephrase my question radical steps—steps in which we would him for his efforts and leadership. We that I left hanging when I yielded the proceed to say, yes, we will do some- will be back on January 25 to take up floor the last time. I see our great thing different. We will eliminate the this cause again. I know I speak for my friend from New York is here to speak. filibuster. But that is not the proposal friend from Oregon that he is going to I will not take more than a minute or I am speaking to today. It is not the be here on the 25th, and my friend from two. I want to rephrase the question. proposal to which many of us are New Mexico and everyone else. We are I asked the question: What has the speaking. We are saying, yes, you can going to be here because we cannot let filibuster become? And I further asked keep speaking, but you have to speak. this go. We cannot permit the Senate a question about consensus. If you do You cannot go on vacation. You cannot to be so dysfunctional that we cannot not get a consensus—that is, over 60 hide from the American people. You respond to the urgent needs of America people—to agree on something, should cannot object and hide. That is not in and our place in the world today. We then the majority not have the right to the tradition of the Senate. cannot continue to go downhill as a act? I want to rephrase that question There is a Wall Street Journal article country and cannot continue to let the that came out yesterday. I am not sure and put it this way: If consensus— Senate be a dumping ground and noth- if it was an editorial or an op-ed, so I meaning over 60 Senators—if over 60 ing ever gets done. will not attribute it to anyone specifi- Senators cannot agree on something, These rules need to be changed. We cally. But it said there is no chance for then should the minority have the ab- will be back on the 25th to do so. I filibuster reform to address the filibus- solute total veto power over what the thank my friend from Colorado for his ters on legislation because the Demo- majority is proposing? That is the es- indulgence. crats will not want to imperil their sence of it. If you cannot get a con- The PRESIDING OFFICER. The Sen- ability to obstruct the Republicans sensus, should the minority have the ator from Colorado. when the Republicans are in power total, absolute power to determine the Mr. UDALL of Colorado. Mr. Presi- someday. outcome? dent, I ask unanimous consent that Here we are, we are Democrats, and That is what has happened in the Senator SCHUMER be recognized after we are saying we are talking about Senate. That is what has become of me for up to 15 minutes. rules that we have placed against the this filibuster. The end result has be- The PRESIDING OFFICER. Without test of whether we can support these come the fact that 41 Senators—if you objection, it is so ordered. rules, whether in the majority or in the do not have 60 Senators or more—41 Mr. UDALL of Colorado. Mr. Presi- minority. The proposal we signed onto Senators decide what we do, what we dent, before I speak on the matter today—the five reforms we have laid vote on, what comes before this body. today, which the group of Senators out—we have run through the test of How does that square with the prin- today so eloquently and powerfully saying: Will this meet a fairness stand- ciple of democratic government and outlined for all of us, I want to ac- ard? Would this be fair if we were in majority rule? knowledge that the 111th Congress was the minority? I leave that out there: Should we one of the most productive in history. One of the proposals is to make sure have and continue to have, if we can- Legislation we passed will make real the minority and the majority get to not reach a consensus, should we con- changes for American families who are have amendments. That is a valuable tinue to have veto power by the minor- struggling through a tough economy, protection for whichever party is in the ity? as the Presiding Officer knows, and minority. I also see the Senator from Colorado with rising health care costs. What we Another piece of it is to say, yes, the here to speak. did also will make our military and Na- filibuster can still be used. But you I also want to publicly thank the tion safe and stronger. We should be have to invest time and energy and Senator from New York who I see is proud of the work we accomplished in make your case before the American about ready to speak, the chairman of the previous Congress. people. our Rules Committee. Senator SCHU- But I have to also say that the last 2 We have believed we can live with MER has spent so many hours and so years was a time of unprecedented ob- that in the minority. If we are going to many days this past year on this issue struction and partisanship. If you do

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The Senate rules now allow for a growing number of Coloradans and ion, is as dangerous as any attack on filibuster on a motion to proceed to a Members of the Senate who are deeply our country. bill, a substitute amendment to a bill, concerned about the gridlock that at Many have remarked that it is past final passage after we have already times has paralyzed our Chamber and time to have a serious discussion about overcome a filibuster on the exact prevented meaningful debate. how to turn our economic situation same text—and the list continues. Many of us read with dismay an arti- around. I have faith we can do that, but There are three separate opportunities cle by George Packer in the New York- only if we are able to set aside the ide- to filibuster before sending a bill to a er magazine several months ago, which ological differences that have side- conference committee. My proposal detailed examples of Senate dysfunc- tracked our politics, and frankly our would eliminate all these opportunities tion. policymaking, up to now. to filibuster except for final passage. Americans from both political par- We can’t reach the level of bipartisan Third, I would shorten the timeframe ties—and Independents as well—have cooperation we need in this body if we required to invoke cloture. I would pro- asked whether the rules of the Senate prevent substantive debate and cut off pose we vote 24 hours after cloture is are working to help solve these prob- the rights of the minority. But neither filed, instead of waiting 2 days, as is re- lems that face us. Some of my col- can we make necessary progress if quired today. I would also allow the 30 leagues have understandably sought to Members of the Senate continue to be hours of postcloture debate to be split change or eliminate the filibuster to able to use technical loopholes and pro- between the parties, to avoid needless make it easier to pass important legis- cedural gymnastics to hijack the Sen- delays. In total, we could shorten the lation supported by a majority of Sen- ate—literally—for days and, in some time required for cloture by nearly 40 ators. cases weeks at a time. hours for a single cloture motion. I come to this debate from a some- That is why today’s debate—so ably Fourth, I would end the requirement what different perspective than my col- led by colleagues from across the coun- that amendments be read in their en- leagues. I come to this debate with this try—is more than just an esoteric de- tirety if they have been made available guiding principle; that is, any attempt bate about the Senate’s rules. It is a on line at least 24 hours in advance. to limit the power of the minority by critical turning point, and it is why Fifth, I would end the requirement eliminating or weakening the ability today I am again introducing a resolu- that Senate committees seek consent to filibuster will simply lead to a fur- tion which I believe can help reduce to meet. ther breakdown in what is already a the opportunity for gridlock while also Sixth, after I propose that we change fractured partisan relationship. encouraging both sides to work to- the rules to move more quickly on ju- While I share much of the frustration gether on the most important issues we dicial nominations—allowing a final expressed by many of our colleagues, I face in our Nation. vote immediately after cloture is in- believe we must be thoughtful about I developed this proposal after listen- voked on a nomination. how we approach changes to the Senate ing to and talking with experts on Sen- Finally, I would provide a way to call rules. ate procedure from both sides of the up an amendment when a majority Several years ago, Minister Robert aisle, including the noted congres- leader has filled the amendment tree. Fulghum had everyone using the sional scholar Norm Ornstein of the The Senate is famous for great de- phrase, ‘‘everything I need to know I Conservative American Enterprise In- bates and a free amendment process. learned in kindergarten.’’ His essays stitute. But in recent years the process of pre- made the point that the simple rules In a nutshell, I propose that by elimi- senting amendments has frequently we teach children about getting along, nating unnecessary opportunities for been shut off by the majority party. So about being kind to one another, about delay—without making changes that my proposal would, on a limited basis, cleaning up after ourselves apply would jam through legislation at the give Senators the opportunity to throughout life. expense of the minority party—we can present their amendments when they On one level, you could boil down the improve the way the Senate works and are otherwise being blocked from doing debate we are engaging in this week make it more effective and fairer for so. and say what we need are rules that the American people. The Senate has been called the will help us get along better in the If I might, I want to make a couple of world’s greatest deliberative body. But Senate’s sandbox, and we need to talk comments on some of the specifics of what happens if we don’t deliberate? I with each other more and we need to what I am proposing, similar to what am afraid we risk turning the Senate listen even more than we talk. Why? the Senators from Oregon, New Mexico, into an extension of the 24-hour polit- Because the consequences, if we cannot Iowa, and others have put on the table. ical spin cycle, which seeks to separate find a way to work together, are ex- I would first level the playing fields us rather than allowing us to work out tremely serious. between the majority and the minority solutions to the problems we face. No problem we face is more troubling on cloture votes and require Senators Every day, proud Americans come to or urgent than our economic future. actually vote in opposition to the bill our Capitol hoping to watch debates Our unemployment rate is still above 9 they are filibustering. Currently, clo- such as those of years past. Many are percent, and it is much higher in some ture is invoked when three-fifths of the increasingly dismayed to see a small regions of the country. Home fore- Chamber votes yes, so staying home is number of Senators, such as those here closures are still expected to rise. Even the same as voting no, and Members today, debating among themselves in more troubling is this fact: Americans can simply threaten to filibuster and an empty Chamber. We don’t even re- are less optimistic about their eco- skip town with no recourse. quire Senators to attend their own fili- nomic prospects than they were during My proposal would require that Sen- busters—no ‘‘Mr. Smith Goes to Wash- the Great Depression. That is a very ators show up, debate, and actually ington,’’ no actual debate. serious situation. vote against a bill if they are con- I want the Senate to work the way On top of those grim statistics, we ducting a filibuster, by changing the Americans envision it does—where face a massive budget deficit and a rules to invoke cloture not on three- Members discuss their differences, co- crippling debt that not only threaten fifths of the Chamber but invoking clo- operate, vote on amendments, and im- our long-term economic stability but ture when three-fifths of those voting prove legislation for the good of the darken the horizon in a way that dis- to end debate create an incentive to ac- country. courages investment and innovation tually have a meaningful discussion. If With that in mind, I hope our col- that we need to spur American job cre- Members don’t show, the threshold is leagues will join me to seize the oppor- ation today. lowered accordingly—three-fifths of 90 tunity we have before us. Let’s work

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In the first half of the 20th century, and what our deliberations are really We have a responsibility to work to- filibusters and filibuster threats were about. gether to bring about the cooperation relatively rare events. That has been There have been many ideas for re- and the problem solving Americans ex- documented already, and our hearings form presented by my colleagues that pect and deserve. documented it extensively. But since are worthy of discussion. The Senator Mr. President, I appreciate your at- that time, the number has continued to from New Jersey, Mr. LAUTENBERG, tes- tention, I appreciate the important dramatically increase. When you face tified before the Rules Committee work all my colleagues have under- an average of two cloture motions per about his plan, which he called the taken, and I look forward to working week—which is what has happened cur- ‘‘Mr. Smith Goes to Washington’’ pro- with the 99 other Members of the Sen- rently—then we know there is a prob- posal. Senator MERKLEY, Senator ate to make the Senate a Senate we lem, and it is no mystery that the Sen- UDALL, and others have developed their know and love and believe is the great- ate has been labeled as ‘‘dysfunc- own versions of this important con- est deliberative body in the world. tional.’’ cept, which I call the talking fili- Mr. President, I yield the floor. Between 1917 and 1971, there was an buster. This talking filibuster idea The PRESIDING OFFICER. The Sen- average of one cloture motion filed per would require filibustering Senators to ator from New York. year. In the 110th and 111th, we had keep speaking on the floor after clo- Mr. SCHUMER. Mr. President, I wish more than 70 cloture motions. These ture fails, to show clearly their wish to to talk a little about the issue we have cloture motion counts are a response continue debate and to allow them to been discussing, and first let me con- to the filibuster, and it is distorting talk for as long as they wish. gratulate my colleagues who have been the way the Senate does business. Currently, the only evidence that a on the floor on this issue, particularly For the legislative branch, hundreds Senator is facing a filibuster is the the Senator from New Mexico, Senator of bills passed by the House in the vote on cloture. The Senate floor has UDALL; the Senator from Oregon, Sen- 111th Congress were not considered, evolved into a place where the major- ator MERKLEY; the Senator from Colo- even though they had passed the House ity assumes that each bill will be op- rado, also named UDALL; and the Sen- by voice vote or with a majority of posed and that little actual debate will ator from Iowa, Senator HARKIN; and House Republicans voting yes. The occur on legislation. The rules require many others who have participated in Senate is supposed to be a cooling sau- a vote of three-fifths of the Senators this debate. They have done a great job cer, not an ice box. chosen and sworn to end debate on a today. In the executive branch and the judi- matter or measure. The very question The other thing I think I appre- ciary, dozens of judicial appointments that is posed to the Senate in a cloture ciated—and Senator HARKIN helped do were delayed or blocked from floor con- vote is, Is it the sense of the Senate this—is there was not just debate, sideration for months and months in that debate should be brought to a there was actual discussion, even when the last Congress. Many of these were close? Those are the words. If it turns we didn’t agree. I thought it was pretty approved unanimously by both Demo- out that enough Senators answer that interesting watching on the TV in my crats and Republicans in committee, question: No, we want more debate, office when Senator ROBERTS came and yet sat on the Executive Calendar for then those Senators should actually be stood by a desk here on the Democratic months because of secret holds. This is required to debate. It is difficult to ex- side, a desk away from Senator HAR- dangerous at a time when we need a plain to the American people that the KIN, and they didn’t agree on the issues Federal Government using all its re- Senators who voted for additional de- but they debated the issues. What a sources to fight terrorism, protect our bate are silent when then given that great first-step metaphor for the kind country, and address our economic opportunity. If they want to debate, of debates we want to have here on the needs. well, then let’s debate. Senate floor. So this has been a very I salute Senators WYDEN, MCCASKILL, One way we can guarantee fair and positive and hopefully prescient open- and GRASSLEY for focusing our atten- meaningful debate after Senators vote ing of the debate to change the rules tion on this issue. It is important to on cloture to continue debate—and clo- because we all know that in the last end anonymous or secret holds and ture fails—the Senate remains on that Congress the Senate didn’t function ef- shine some light on the kinds of long- measure and Senators must actually fectively and the time for change has term delays that can hold up a nomina- debate the bill. Senators may be recog- come. I want to salute the leaders, as tion or a bill for weeks or months or nized one after the other, as long as de- well as Senator KLOBUCHAR, Senator even longer. bate is continuous. If no more Senators FRANKEN, Senator LAUTENBERG, and so Also, during the fiscal year 2010, half seek to debate the issue, then the ma- many others, who have been so in- of all nondefense spending—$290 bil- jority leader can move to close debate. volved in our discussion and for the lion—was appropriated without legal Obviously, there are technical things work they have done. authority because Congress hadn’t re- that have to be worked out—and we are I also want to say to my colleagues authorized the programs. The unprece- working hard to do that—to make sure this is not something that has just hap- dented threat of a filibuster—not even this proposal works and is viable. In pened recently. This idea that all of a the actual use of the filibuster—has the past, attempts at debate have been sudden this has popped up in the Sen- prevented debate with such frequency frustrated by quorum calls or unneces- ate is wrong. Last year, the Rules Com- that extended deliberation is a dying sary motions, all aimed at avoiding ac- mittee—and I was urged by Senator commodity. Make no mistake about it, tual debate. If we change the rules to UDALL to do this among the first days the everyday threat of the filibuster encourage extended debate after clo- of the session 2 years ago, and I think does not ensure debate, it restricts it. ture fails, then the priority during this we did a pretty extensive and good Reforming the rules in a thoughtful period will be to either debate the mat- job—held six hearings that examined way would clear the way for more leg- ter or move forward and not play par- the history of the filibuster, trends in islating, not less. Filibusters provide a liamentary games. The American peo- the use of the filibuster, secret holds, minority of Senators a way to make ple deserve better of their elected offi- stalled nominations, and proposals for their voices heard, but they should not cials than what the Senate has been change. In those hearings, we heard provide a way for a minority of Sen- giving them. Governing is not a game from Senators from both parties who ators or even a single Senator to grind of charades. have valuable ideas about the need to the Senate to a halt regardless of The majority will not choose to reform the filibuster. Senators HARKIN, whether they are Democrats, Repub- waste floor time on a matter the mi- LAUTENBERG, WYDEN, GRASSLEY, licans, or Independents. nority is committed to stop. But will

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If you In addition to the other worthy op- where a reporter is up in the galleries stacked up dozens and dozens of 30- tions proposed for reform, I think this and is describing the action down here hour periods, what you do is you take proposal is strong because it allows the on the Senate floor, is describing up the entire time available to the Sen- minority the same ability to debate Jimmy Stewart—the Senator he rep- ate and you impede this institution in and block legislation—so long as they resents engaging in the filibuster. The its ability to get its work done. actually debate. If there is no actual reporter describes the filibuster as ‘‘de- That is what we are doing right now. debate, there can be no filibuster, and mocracy’s finest show . . . the right to That is why I think it is so important the Senate can proceed to do its busi- talk your head off . . . the American that the changes we are recommending ness for the American people. privilege of free speech in its most dra- restore the Senate to the traditional I believe this modest proposal is one matic form . . . one lone and single filibuster. We do it in two ways. First on which both Democrats and Repub- American holding the greatest floor in of all, if these rule changes pass, you licans should agree. It could be a point the land . . . bleary-eyed, voice gone.’’ will not get to filibuster the motion to of bipartisan agreement, and I will That is what we think of when we proceed to the bill and then get to fili- present it in the bipartisan negotia- think of the traditional Senate fili- buster all over again on the bill and tions happening over the next few buster. In those days, you stood up and double the filibuster. If you really care weeks. you filibustered against a bill because about the bill, if you are really opposed Of course there are other good-faith you were opposed to it, because you to the bill, if you really hate the bill, proposals that my colleagues have put hated it, because on principle you you can come and talk your head off, forward. Many of them are thoughtful. wanted to stand and fight against it. but you don’t get to do it twice—once on a pure parliamentary measure. That Most all of them would represent That was the old filibuster. will cut down some of the wasted time, meaningful change without altering in Now when this Chamber is engaged in some of these droning hours that you a too jarring way the rules of this in- a filibuster, how does the American watch on C–SPAN with nothing hap- stitution. Nobody wants us to become public know? When they are watching pening in the Senate and the time the House of Representatives. Every- this floor on C–SPAN and they are looking for a filibuster, they don’t see being wasted, locked in the filibuster. one understands that we should not There is another rules change that I democracy’s finest show, they don’t see rule simply by majority vote on every believe is important. The 30-hour pe- anybody talking their head off, they issue. However, we can pull the curtain riod is called the period for debate. don’t see the American privilege of free back and make sure that when people What this rule change would do is, speech in its most dramatic form. What say they want more debate, they de- when the debate stops, the 30-hour pe- bate. they see is a droning, tedious quorum riod stops. Whoever is presiding would In the next 2 weeks, we should look call as the parliamentary staff read off, simply note that there is no longer de- at these proposals—all of them. During one by one, the names of Senators who bate and would call the vote. You can the recess, we need to talk to each are not present, and this Chamber still debate the whole 30 hours if you other, Democrats and Republicans, stands useless during that period. Why want to come here and debate, but about genuine ways to reform this is that? Partly it is because when when the talking stops, you vote. You body, to restore the Senate to its tradi- Jimmy Stewart was undertaking his are not in a position where you can tional role as the world’s greatest de- filibuster, he was exercising the right commandeer 30 hours of Senate time, liberative body, and to do so in a way of an individual Senator to take this force the Senate into quorum calls, and that encourages full and open debate— floor and to hold it and to speak. What defend against going to the vote with both for the majority which proposes is different is that when it is filibuster one lone Senator back in the cloak- and for the minority which wishes to by party rather than filibuster by one room, able to come out and object modify what the majority proposes. individual Senator, then there is a whenever the majority tries to move I believe we owe it to the American whole array of procedural mechanisms the Senate to a vote and get the Senate people to reform the Senate so it func- the minority party has to provoke the back in its business again. tions in a way that best represents majority leader to file for cloture. These are two simple repairs to the their interests. Cloture is the filing that allows the cloture rule that will make it less of a I yield the floor. majority leader to bring debate to a prize for the minority, that will pre- The PRESIDING OFFICER. The Sen- conclusion and to limit amendments. vent us from spending all these 30-hour ator from Rhode Island. When cloture is filed, then there is 30 increments droning away in 30-hour fil- Mr. WHITEHOUSE. Mr. President, hours mandatory for debate. What has ibuster quorum calls, and put the Sen- first, let me thank the Senator from happened here is that the 30 hours ate back to where it should be—the New York for his very distinguished mandatory for debate has become the great chamber of debate where people leadership of the Rules Committee and prize, has become the goal of the mod- actually have to come to the floor, say for the very open and thorough way in ern filibuster. That explains why we their piece, and when they are done, we which he engaged that committee on are no longer filibustering bills we are go on to the next piece of work. these issues of addressing the filibuster opposed to when we are in the minor- I commend everybody who has and problems that have been caused by ity. The minority actually filibusters worked on this. I think it is a very val- its current abuse on the Senate floor. bills their Members support. They fili- uable step we are taking. I don’t think Let me also thank Senators UDALL and buster nominees who get voted through it is a change away from the traditions MERKLEY, who worked so hard to orga- unanimously when the vote is finally of the Senate; I see it as returning to nize this and who have put together held. the real traditions of the Senate, of what I think is a very good proposal. What is the filibuster about? It is real debate, not just wasting time for At the outset of my remarks, I ask about forcing cloture and forcing those wasting time’s sake but allowing the unanimous consent that I be added as a 30-hour increments of time to be Senate to be productive while also al- cosponsor to the rules resolution that burned up. If you are filibustering the lowing Members who have opposition is here, at this point. bill itself and you are filibustering the to a bill to state it as forthrightly as The PRESIDING OFFICER. Without motion to proceed, you have a dual fili- they wish, to engage in, as the reporter objection, it is so ordered. buster, and if you are filibustering said in ‘‘Mr. Smith Goes to Wash- Mr. WHITEHOUSE. The distin- amendments, you can load on an awful ington,’’ democracy’s finest show, the guished Senator from Oregon, Mr. lot of 30-hour periods to the Senate right to talk your head off, the Amer- MERKLEY, showed a photograph a little floor and you can prevent anything ican privilege of free speech in its most while ago of Jimmy Stewart in ‘‘Mr. from being done in those 30-hour peri- dramatic form.

VerDate Mar 15 2010 03:55 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.079 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S50 CONGRESSIONAL RECORD — SENATE January 5, 2011 I thank all Senators present for en- take the oath. I have done it five times Chamber. As we know, the legislation tertaining my thoughts. here and each time was a thrill. Even is named for Jimmy Stewart’s char- I yield the floor. as I watched colleagues walk up there acter in the classic movie, ‘‘Mr. Smith The PRESIDING OFFICER. The Sen- and heard their names called and saw Goes to Washington.’’ Frankly, we now ator from New Jersey. them raise their hand, and to feel the look, the names are different, the mis- The PRESIDING OFFICER. The Sen- pride they felt, I do not care Repub- sion is the same. There are those who ator from New Jersey. lican or Democrat, to feel the pride want to make progress and those who Mr. LAUTENBERG. First, I wish to they felt, to be able to take this job on want to do nothing more than delay say I am so pleased to be with col- their hands, to get the support of the progress. leagues who are standing up for activ- public in their States, enough to win As I said earlier, Mr. Smith wanted ity on behalf of the citizens, the con- an election, and then we show the pub- to make a point, spoke for 23 hours. stituents we represent, to get things lic a lack of activity. These days, Senators simply object to done. We have been through discussions, the proceeding, walk away, and leave I doubt many of us would be happy speeches made earlier, good ones, de- an empty Chamber behind. How are we with a report card we got in either high scribing the number of times the fili- supposed to create jobs in an empty school or college or whatever education buster has been used. If I might ask the Chamber? How are we supposed to in- we got beyond that—I doubt we would majority whip, is it the record number crease educational opportunities in an be proud of any report card that resem- of filibusters ever in the history of the empty Chamber? How are we supposed bles that which we have obtained in Senate? The Senator from Illinois con- to help keep people in their homes in this facility, in this great house of de- firms that. Here we are, and the need an empty Chamber? bate, in this distinguished body of leg- has never been greater to get some- The ‘‘Mr. Smith’’ Act will bring de- islators, one of the most prominent— thing done to let the American people liberations back to purportedly the the most prominent—let me qualify know their government is there to help world’s greatest deliberative body. It will make lawmaking more trans- that—legislative body across the world them through a crisis, to help them re- parent and Senators more accountable. and the envy of so many who think the gain their jobs and regain their pride in Members of this body will no longer be United States is still one great coun- themselves. try. Make no mistake about it; the ab- able, if we pass this rule change, to be We want to do the right thing. But sence of progress in the Senate pro- able to launch a filibuster and then here what has happened, we find our- motes bitterness and anger among the skip town, leaving the Senate in a selves in a morass of dilatory activi- American people. Make no mistake; an stalemate. If you have the courage, stand and ties, things that do nothing but stop empty Senate Chamber is no way to re- explain to the American people why progress, and that is the mission we spond to the public’s needs. All too see. I congratulate my colleagues who you are objecting to things that can often this is what happened because help the average family. This is still a have taken hold here to make sure we the minority now has simply been recession. Yes, there are a lot of people do whatever we can to change the facil- abusing Senate rules. They can do it. at the top making lots and lots of ity. But it is an abuse of the process. money. We have seen it in the news- I have here my picture of Jimmy Last year we were locked in a con- papers. We have seen the list of billion- Stewart, ‘‘Mr. Smith.’’ While I am not stant struggle to help jobless Ameri- aires who make that much money in a anxious to admit it, I do, I remember cans. Several times we attempted to single year. But we do not see the same seeing the picture. We need not discuss bring legislation to the floor to extend pictures of people who are forlorn be- the precise date, but it was some time unemployment benefits for millions of cause they cannot help themselves, and ago when I saw this, and it left a vivid people who had no other source of in- they look to the government to be impression in my mind. But I cannot come, who were in jeopardy of losing there with them. tell you what it was about, except that their homes and losing their oppor- I know from personal experience that he was one trouper, that he stood on tunity to care for their families and my life changed radically when I got his feet, so many hours it is hard to un- being personally humiliated and dis- out of the Army and was afforded the derstand how the body responded to graced about that and we could not get GI bill. My father died after I enlisted. the opportunity, trying to clean things an agreement to pass an unemploy- My mother was a 37-year-old widow. up. ment benefits bill until it was included My father was sick for 13 months with The date of the film was somewhere with other legislation that had to pass. cancer. At the time, there were not the around the end of the 1930s, 1939, most Back in June, 59 Senators wanted to products that make pain less acute or likely. That was not the exact date, restore aid for those workers who had that provide more help for recovery. It but in that vicinity. Even then, they gone without income for weeks. Our was not there. were discussing what could be done to colleagues on the other side of the aisle So we had not only the loss of a fa- move things along and how the kind of objected and delayed the vote, then left ther—I had joined the Army. When I effort he gave as Mr. Smith was re- town for a week-long break. By the was 18 years old, I enlisted—we had quired to honor the people, the respon- way, I keep on reminding those hearing bills and bankruptcy and life was mis- sibility he had to the people. me that this is under the disguise of a erable. The GI bill made the difference So we know what kind of report card filibuster, a legal process that is per- in my life. I was able to join two other the legislators here and in the House mitted by the Senate rules to be en- people in my home city, friends of have gotten from the American people gaged in when there is a disagreement mine, in creating a company, three of because they are sick and tired of see- about a piece of legislation or a process us. ing all this empty space, listening to that has to take place. Now it employes 45,000 people. The words I could describe more in the We left more than 1 million Ameri- company is called Automatic Data vernacular as gobbledygook-gook, not cans in limbo for several agonizing Processing, better known as ADP, be- understanding what is going on but weeks. Our opponents said they were cause I got help when we desperately knowing very well that nothing is hap- simply filibustering the bill. In other needed it, when my family and I could pening that is benefiting them. words, they wanted to talk more about never think about my going to college. So when we see this low public opin- the substance. But they did not want I wound up going to Columbia Univer- ion from Americans all across the to talk about the substance. They did sity, something so far out of sight I country, it is because they do not be- not want the public to hear the truth never dreamed it was possible. But it lieve we are getting things done that about their views. But they did not was there. There are times when people they sent us here for. Each one of us even want to talk on the floor. They across the country say to our leader- who has been elected, I do not care how just left the Senate empty and silent. ship: Please, give us a chance. Give us popular or how remote, the fact is, you That is why I reintroduced my ‘‘Mr. a chance to stay in our home. Give us had to work hard to get elected and so Smith’’ bill. I brought this up initially a chance to educate my son and my proud—and I look today, as I saw per- last March. It is almost a year now daughter. They can learn. We do not son after person hold up their hand to since I brought Mr. Smith back to this have the money.

VerDate Mar 15 2010 02:46 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.080 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE January 5, 2011 CONGRESSIONAL RECORD — SENATE S51 Make sure health care is available, many Americans, we like to have C– was fairly reasonable. Senator Fair- that no matter what your condition of SPAN so we can follow the House and cloth said: I object. being is, you cannot be precluded from Senate. I was stunned. Clearly, here I am getting insurance. That is what is pro- You may know in West Virginia, as I with my amendment being as fair as posed in the health care bill that right know in Illinois, there are people who can be, and he is not interested in the now is in danger of being repealed, if are obviously suffering from insomnia debate. the House takes the action as pur- who watch C–SPAN all the time and I am not going to pick on him be- ported. find it very restful and sleep inducing. cause he reflected the feelings of many So what we are talking about, to If they watch the Senate, it is some- Senators here: that they are here on summarize, is that we have to get busy thing else. It is not only sleep inducing the floor to give speeches, many of and show the people across the country because of so little activity on the them written by very talented staff that this is not just a ring for showing floor of the Senate, it is, in fact, an un- people, and then leave the floor and go how clever a speech can be or cute an fair economic situation that someone off and do something else. There is idea might be, when all that is being is paying a cable TV bill for C–SPAN very little debate on the floor of the done is stopping progress. Progress. covering the Senate when we do so lit- Senate, real debate. I could count on They object to bills being even moved tle. They ought to get a refund. Fami- one hand the times I have in 14 years along so they can be considered—any- lies across America are entitled to a engaged another colleague in an actual thing they can do to obstruct move- refund if they tune in to C–SPAN, Sen- debate that went back and forth over ment. ate version, and watch us day after the merits of an issue. So we may be unable to bring Mr. weary day, with our delightful and tal- One of the things we are discussing Smith back, but we can write real ac- ented staff people slowly reading the tonight is what to do with the rules of countability for filibusters and for the quorum call and names of the Sen- the Senate so we engage in more de- sake of a functioning democracy—more ators. That is it. If you have watched bate—we need it—so that we have less than a functioning democracy, a degree C–SPAN in the Senate for the last sev- time that is being wasted in the Sen- of dignity and hope for people who have eral years, you will see that more often ate, fewer hours that are being ticked been hurt by an unemployment record than not, a lot of people say to me: off a clock to reach 30 hours or what- never before seen in the country, with Senator, why is not anything going on ever it happens to be on a cloture mo- the number of people out of work in in the Senate? When you talk in the tion, and more actual debate so Sen- the multiple millions, and they say: Senate, why isn’t anybody there? Basic ators with differing points of view can Mr. Senator, help us. Be there to help questions an average person might ask. state their points of view and debate us now. We are not looking for charity. They reflect on what has happened to them back and forth and other Sen- We are looking for a hand that will get the Senate, and that is why we are here ators can then listen, certainly the us started, get this economy going. We with this discussion this evening. I public can listen and those in the gal- owe it to them. thank the Senators who have been in- lery and can decide who has the merits I say to those who want to obstruct volved, including Senator LAUTENBERG. of the debate. it, be brave enough to stand and tell One of the things that surprised me Debate isn’t something we should shy the people here or the people on tele- when I first came to the Senate, I away from. It is an important part of vision or those who read about what we heard this was the world’s most delib- the Senate that we should value and are doing, tell them why it is you are erative body. This was the place to that we should honor to make sure the objecting, and then we will restore a come to debate the big issues. Today rules create that opportunity. degree of confidence in those who serve when there was a swearing in of the The Presiding Officer from the State here, those who work so hard to be Senator from North Carolina, one of of Oregon has suggested, along with elected, and those who can represent his predecessors was here, Senator others, that we have more debate and the people well. Lauch Faircloth. He was the first Sen- more votes. I think we should. For a But we cannot sit in silence, just ator I faced off with on the floor over time there was this feeling that we had wasting time. I hope we will come to an issue when I was elected 14 years to protect Members of the Senate from our senses, make the changes in the ago. It was an issue involving tobacco controversial votes. That is behind a rules that will stop the filibuster from which I had been following pretty lot of the decisionmaking that has being a disguise for inaction. closely in my congressional career, and taken place and brought us to this mo- I yield the floor. he was from the State of North Caro- ment in the history of the Senate. The PRESIDING OFFICER (Mr. lina where tobacco is a big issue. He Perhaps I have a different view of it. MERKLEY.) The Senator from Illinois. didn’t like my amendment, and he But having been on Capitol Hill for a Mr. DURBIN. Mr. President, I rise to came to the floor. I was offering my long time in the House and the Senate, speak to the issue which has been con- first amendment. There was a lady who I have stacked up many controversial sidered on the floor today by my col- worked in the Senate named Lula votes, tens of thousands of them. It leagues. I thank, especially, the Sen- Davis. I had served in the House for 14 will be fair game. For any political op- ators from Utah, Oregon, and Colorado, years, but I didn’t quite know the Sen- ponent ever running against me in the as well as many others, for their lead- ate procedures as well. future, there is plenty to work with. I ership in discussing the procedures of I said to her: How much time do I don’t need to give them something new the Senate. have? to beat me over the head with. I have When I went home over the break, I She said: You have 1 hour. plenty of votes in my past. I think I spent my time back in Illinois with my I said: Is that equally divided? can defend them for the most part, and wife in my hometown of Springfield She said: No, Senator, you have 1 I am prepared to do so. I am not afraid and a lot of time around the house and hour. of tomorrow’s controversial vote. In a lot of things had to be considered. I House Members don’t get an hour for fact, I think it is part of why we are left the decisions of war and peace be- anything. Five minutes is the usual here. hind in Washington, DC, and went course, 15 minutes if it is a great deal There was a man who served here home to face the real decisions: Are we or if they want to stick around until many years ago from Oklahoma, Mike going to change our cable TV service? midnight, they might get a special Synar of Muskogee. He was one of my Are we paying too much for the Inter- order for an hour. closest friends. Synar was an unusual net? Things that my wife finally put in Here I was with an hour on the Sen- character in the House. He was one front of me and said: We need some de- ate floor to debate my amendment. who, faced with the choice between cisions here. Senator Faircloth sat on the other taking an easy, noncontroversial way As I considered those weighty deci- side. I stumbled through it. I asked out or a controversial, confrontational sions, particularly when it came to unanimous consent to allow the time approach, would always choose the cable television and what we would re- to be equally divided between myself confrontational approach. He would ceive in Springfield, I could not help and Senator Faircloth so we could de- walk right into the wall of fire and wel- but reflect on the fact that, similar to bate the amendment. I thought that come it because he thought it was part

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If you don’t jority vote to that point. There was no debate them. We don’t want to vote on want to cast controversial votes, don’t way for me to challenge that. If I want- them. We don’t want to face a majority run for the House of Representatives ed my amendment to come to the floor, vote that we might lose. So we have or, in this case, the Senate. I had to accept a higher margin to pass contrived a new set of standards, proce- I think the same is true today. Al- it than all the other amendments that dures, and rules that we are addressing though some of my colleagues face had preceded it. today as part of this reform conversa- tough election campaigns in tougher Why? Because the threat of a fili- tion. States than my home State of Illinois, buster was there, a filibuster against Many times when Senators file a clo- the fact is, coming here and casting my amendment. That threat alone ture motion or an objection that is tough and even controversial votes is raised the margin and standard for noted by their side of the aisle and part of why we were elected and why that vote to 60. From the other side’s then the clock starts to run, the 30 point of view, many of whom opposed the people expect us to come and face hours, before there is a vote, many my amendment, it is a pretty easy the music on difficult issues. times those Senators leave. Before the Bringing debate back to the floor, thing to start a filibuster if you don’t Senator from Oregon arrived in this bringing more votes to the floor cer- have to engage personally or make a body there was one Senator who ob- tainly is a move in the right direction. personal commitment to it. They jected to our moving to a measure, I say to the Senators from New Mex- tossed it out as a standard. Sixty votes forcing the Senate to stay in session ico, Oregon, and others that their pro- became the requirement. Fortunately until Saturday, when in the afternoon posal that would allow germane for me, I had 64 votes and passed it. the time expired and a vote was called. The same is not true of another pro- amendments as part of the regular The Senator who objected didn’t show vision which means an awful lot to me, order of the Senate is a move in the up. He wasn’t there. We asked where he the DREAM Act. The DREAM Act is a right direction. That way the minority was. He had to go to a wedding. Really? reform of our immigration laws that is and majority get an opportunity to The rest of us stayed here and waited long overdue for children brought to amend a bill. Can it be abused? It can. for the vote that he demanded while he the United States who are asking for a But making these germane and rel- went off to a family social obligation. chance to become legal. They can do it evant amendments makes a difference. That is not right. through military service or by edu- The good part of the rules changes I can recall one colleague on the other cation, achieving at least 2 years of that are being discussed now would re- side of the aisle who kept coming to college. I have tried for 10 years to pass quire Senators like that Senator, if the floor repeatedly, day after day and this measure and repeatedly have had they believe the business of the Senate week after week, to offer the same majority support on the floor of the should stop or be delayed, to invest amendment over and over, even when Senate. It has been ruled not enough. themselves personally in the conversa- he was passing the amendment. Some- You need 60 if you are going to pass the tion—to be here. Is that too much to times he would pass it; sometimes he DREAM Act. Just in the last 3 weeks, ask? As the Senator from Pennsylvania wouldn’t. But he couldn’t help himself. we had it considered again. It failed by once said: Earn it and own it. If you be- He just had to keep offering it over and not reaching 60 votes but had 55 votes. lieve the business of the Senate should over. As he offered this amendment, it So the fact is, establishing this new 60- come to a halt for 30 hours, then for didn’t enhance the bill. It didn’t en- vote margin has become too common- goodness’ sake have at least the de- hance the debate. It gave him a chance place for anything that anyone wants cency and the personal commitment to to put out a press release. to brand as controversial that might park yourself at your desk and argue One can abuse that process. So mak- require a filibuster. That has to your point of view. If you are too tired ing sure the amendments are limited to change. Sixty-vote requirements to do it or too distracted or can think those that are relevant certainly is a should be rare in this body. They of something better to do with your reasonable thing to do. should be used sparingly, and they time, be my guest and walk through Let me say a word about the 60-vote should not be applied on a daily basis the doors and let the Senate proceed margin. The 60-vote margin, as former to any amendment or bill that I or any with its business. But if it is important Vice President Mondale wrote in his other Senator at any given moment ob- enough for you to stop the business of guest column recently—I believe, in jects to. the Senate, I happen to agree with the Washington Post—was a com- Let me also say when it came to un- those who are calling for rules reforms; promise. In days gone by it took 67 employment insurance, I had a little we should have that change. votes to end a filibuster, to bring clo- debate with the former Senator from We should make those who are in- ture. Then in the 1970s, Vice President Kentucky, Jim Bunning, now retired, vested in it stay and invest their time, Mondale, then a Senator, joined with and insisted that he stay on the floor their personal commitment to that un- others on a bipartisan basis and low- as I repeatedly asked for unanimous dertaking. ered that to 60 votes. But it was still a consent to extend unemployment bene- Finally, the nomination process has rare and unusual thing to do, to fili- fits. Some Republicans came to the been corrupted to a point I don’t even buster and need a cloture vote of 60 floor and charged that was unfair to recognize. When Chief Justice Roberts votes. Unfortunately, that 60-vote ask the Senator from Kentucky to stay chastises the Senate for all of the judi- standard has been corrupted into a new on the floor so that he could object to cial vacancies in America, I know what standard for passage of legislation. my unanimous consent requests. I am he is talking about. In my home dis- Allow me to give two examples. We sorry. There were millions of Ameri- trict of Illinois, the central district, in considered a Wall Street reform bill. cans who were not receiving unemploy- normal times there are four district There were dozens of amendments of- ment benefits, and I think it is not un- court judges. Currently, we have three fered. The Senator from Oregon had a fair to say to the Senator who is ob- vacancies. One judge, Mike McCuskey, controversial amendment and waited jecting to those benefits: Stick around, is running all over downstate Illinois for days, maybe weeks, for a chance for miss that basketball game you want to from courthouse to courthouse to try his day on the floor of the Senate. see tonight, which he had announced to keep the criminal calendar going. I After about 25 amendments had been on the floor. Stick around and suffer a am afraid he has little or no time for offered and considered to the Wall little bit because you happen to believe the civil calendar because of three va- Street reform bill with a standard of a that is the right thing to do. cancies. majority vote, I had an amendment rel- Eventually, after a matter of days, Two of those vacancies the President ative to interchange fees on debit unemployment benefits were extended. nominated judges to fill. The judges

VerDate Mar 15 2010 02:46 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.083 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE January 5, 2011 CONGRESSIONAL RECORD — SENATE S53 were considered by the Senate Judici- investment in the cloture process that culture of obstructionism. The filibuster, ary Committee, reported unanimously means it is real and personal, and that once rare, is now so common that it has in- by the Senate Judiciary Committee to those who believe in it are taking the verted majority rule, allowing the minority the Executive Calendar, and I literally time to make sure the Senate con- party to block, or at least delay, whatever legislation it wants to oppose. Without re- begged the Republican side of the aisle tinues to function as a responsible part form, the filibuster threatens to bring the and leadership to allow these two to of our government. Senate to a halt. come up for a voice vote since there Mr. President, at this point I yield It is easy to forget that the widespread use was no controversy attached with them the floor. of the filibuster is a recent development. and a judicial emergency existed in The PRESIDING OFFICER. The Sen- From the 1920s to the 1950s, the average was that central Illinois district. They re- ator from New Mexico. about one vote to end debate, also known as fused. They refused, despite repeated Mr. UDALL of New Mexico. Mr. a cloture motion, a year; even in the 1960s, at efforts. President, let me first say to our ma- the height of the civil rights debates, there I then went to the other side and jority whip, Mr. DURBIN of Illinois, that were only about three a year. said: All right, you must have Repub- I very much appreciate his long-term The number of cloture motions jumped to three a month during the partisan battles of lican Senators facing the same thing in effort in looking at rules. I know he signed on to several proposals today. I the 1990s. But it is the last decade that has their States. I found Senator CORNYN of seen the filibuster become a regular part of Texas, with exactly the same cir- know he is on the one Senator Senate life: there was about one cloture mo- cumstance. I said: JOHN, you have a MERKLEY and I are on, and he is also on tion a week between 2000 and 2008, and in the noncontroversial nominee. Let’s team the Harkin proposal. current Congress there have been 117—more up together, make it bipartisan so The Senator was here back in those than two a week. there is no question that we are trying days, and he has seen how much the Even though there might be several mo- to do anything for a partisan advan- Senate has changed. So we really ap- tions for cloture for each filibuster, there clearly has been a remarkable increase in tage. He said: I am with you. It was not preciate the Senator’s contribution to this effort and the remarkable job he the use of what is meant to be the Congres- enough. The Republican leadership still sional equivalent of a nuclear weapon. objected to filling these vacancies has done trying to lead us in these dif- ficult times we are in. It must be tough Filibusters aren’t just more numerous; when a judicial emergency existed, they’re more mundane, too. Consider an ear- though I asked for it repeatedly. That for somebody like him, who came to a lier bill to extend unemployment benefits, to me is an abuse of the process. If ei- Senate and saw it change over time, passed in late 2009. It faced two filibusters— and change in the wrong way and get ther of those nominees had been con- despite bipartisan backing and its eventual hyperpartisan. I want to say that to troversial, if this was a situation where passage by a 98–0 margin. A bill that should the Senator. have zipped through in a few days took four it was a new, extra judge, some ques- I also want to say several of our weeks, including seven days of floor debate. tion of whether it was needed, that is speakers mentioned things, and I think Or take the nomination of Judge Barbara another story completely. But we need it is very appropriate to put them in Milano Keenan to the United States Court of a nomination process where those who Appeals for the Fourth Circuit: she, too, the RECORD because I think when peo- are not controversial are brought up faced a filibuster, even though she was later ple read the CONGRESSIONAL RECORD, confirmed 99 to 0. and considered in a timely fashion. and things are mentioned, it is impor- I commend my colleagues because I Part of the problem lies with today’s par- tant they be able to find them quickly. tisan culture, in which blocking the other think each and every one of them has So the first one is from George Pack- added to this conversation—Senators party takes priority over passing legislation er, who is a writer with the New York- or confirming candidates to key positions. WYDEN, GRASSLEY, and MCCASKILL, on er magazine. He wrote a piece called And part of the problem lies with changes in a bipartisan basis, to do away with ‘‘The Empty Chamber’’ dated August 9, Senate practices during the 1970s, which al- Senate holds. Senator UDALL of New 2010. I commend to my colleagues that lowed the minority to filibuster a piece of Mexico, Senator HARKIN of Iowa, and article. It was mentioned in the course legislation without holding up other items of business. Senator MERKLEY of Oregon, who is of the debate and it is an excellent ar- now presiding, I think have had an ex- But the biggest factor is the nature of the ticle. He is a very good writer. filibuster itself. Senate rules put the onus on cellent proposal here of five different Secondly, one of the big scholars on changes that would make this a more the majority for ending a debate, regardless Congress—there are a couple of people of how frivolous the filibuster might be. effective Senate. Senator LAUTENBERG, out there who study Congress over and If the majority leader wants to end a de- who spoke just moments ago, had his over and write books and articles and bate, he or she firsi calls for unanimous con- own proposal. Senator UDALL of Colo- monitor what we are doing, and one of sent for cloture, basically a voice vote from rado and Senator HARKIN each have a them is a gentleman by the name of all the senators present in the chamber. But proposal. Norm Ornstein. Norm wrote—this was if even one member of the filibustering mi- It is time for us to sit down on a bi- nority is present to object to the motion, the also mentioned in the course of the de- majority leader has to hold a roll call vote. partisan basis to protect the rights of bate by one of the Senators—and Norm the minority within the Senate, but to If the majority leader can’t round up the wrote a piece in the New York Times necessary 60 votes, the debate continues. bring the Senate procedure into a more called ‘‘A Filibuster Fix.’’ That was on efficient and more effective way, not Getting at least 60 senators on the floor August 27, 2010. I ask unanimous con- several times a week is no mean feat given just so C–SPAN viewers are not short- sent that article be printed in the travel schedules, illnesses and campaign ob- changed when they sign up for C–SPAN RECORD. ligations. The most recent debate over ex- Senate and all they get is an occa- There being no objection, the mate- tending unemployment benefits, for exam- sional ‘‘Akaka’’ or some other name rial was ordered to be printed in the ple, took so long in part because the death of being listed in the quorum call, but ac- Senator Robert Byrd, a Democrat from West RECORD, as follows: Virginia, left the majority with only 59 votes tually hear the Senate working for its [From the New York Times, Aug. 27, 2010] money. for cloture. The filibuster was brought to an A FILIBUSTER FIX We can do better. I know what is end only after West Virginia’s governor ap- (By Norman Ornstein) pointed a replacement. going to happen now. We are likely to True, the filibuster has its benefits: it recess for some period of time, and an WASHINGTON.—After months of debate, Senate Democrats this summer broke a Re- gives the minority party the power to block opportunity presents itself for the lead- publican filibuster against a bill to extend hasty legislation and force a debate on what ers on both sides to come together. unemployment benefits. But the Republicans it considers matters of national significance. There is room for us to reach agree- insisted on applying a technicality in the So how can the Senate reform the filibuster ment. We can say to the minority: You Senate rules that allowed for 30 more hours to preserve its usefulness but prevent its are going to get your chance for of floor time after a successful vote to end abuse? amendments. You always want that. debate. As a result, the bill—with its des- For starters, the Senate could replace the You are going to get it. And we can say perately needed and overdue benefits for majority’s responsibility to end debate with the minority’s responsibility to keep it to our side: You are going to face some more than 2 million unemployed Ameri- cans—was pointlessly delayed a few days going. It would work like this: for the first votes on amendments, like it or not. more. four weeks of debate, the Senate would oper- That is part of why we are here. We can The Senate, once the place for slow and ate under the old rules, in which the major- have some real debate. We can have an careful deliberation, has been overtaken by a ity has to find enough senators to vote for

VerDate Mar 15 2010 03:55 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.084 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S54 CONGRESSIONAL RECORD — SENATE January 5, 2011 cloture. Once that time has elapsed, the de- ering. This is not about Democrats and with hope that this would be a new day bate would automatically end unless the mi- Republicans. It has to be about the for people behind the Iron Curtain and nority could assemble 40 senators to con- American people, what is in their in- a new opportunity for freedom and tinue it. An even better step would be to return to terests. Whether one Senator secretly openness in that society. Unfortu- the old ‘‘Mr. Smith Goes to Washington’’ holding up a nominee’s career for a nately, year after year, month after model—in which a filibuster means that the year is in their interests. Whether pro- month, we have seen since the fall of Senate has to stop everything and debate moting filibusters that stifle, rather the Soviet Union a very regrettable around the clock—by allowing a motion re- than promote debate, is in their inter- and disturbing deterioration in the rule quiring 40 votes to continue debate every ests. Whether we have to waste valu- of law in Russia and a move back to three hours while the chamber is in contin- able Senate calendar days watching the authoritarian rule of old we all re- uous session. That way it is the minority member so well. Recent events in Rus- that has to grab cots and mattresses and be time run in silence, on bills everyone prepared to take to the floor night and day knows are going to pass, because the sia once again cause us to believe this to keep their filibuster alive. rules require it, is in the American peo- problem is escalating and have caused Under such a rule, a sufficiently passionate ple’s interests. me to come to the floor today on this minority could still preserve the Senate’s In my short time in the Senate, I subject. traditions and force an extended debate on have offered a number of reforms which Last month, the leadership of this legislation. But frivolous and obstructionist would improve the ability of this body Senate pushed through, I think in misuse of the filibuster would be a thing of haste, the New START treaty with the past. to function and help fix our broken pol- itics. Russia. I had concerns over the treaty, Mr. UDALL of New Mexico. Let me I introduced a rules reform proposal and I ultimately voted against it. We finally say to the Senator from Oregon, and have testified before our Rules had a lot more debate that needed to the Presiding Officer, that I very much Committee to explain it to colleagues take place. We had dozens of amend- appreciate his support both in working on the Committee. My proposal would ments that went undebated and uncon- with me on the constitutional option eliminate the filibuster on motions to sidered and not voted upon by this and sorting out the details and making proceed, that are used to stifle, rather body, and I regret that. I always sure we have things right and also for than promote debate. I am all for ex- thought nuclear arms policy and trea- his incredible work in terms of pulling tended debate, yet filibustering mo- ties with regard to our nuclear stock- together the talking filibuster part of tions to even proceed to measures has pile should be based on the security of this. I was here today when he showed the result of actually preventing the the American people and that the pri- his charts, and he took our five ideas Senate from even addressing the im- mary issue should be what is in the and, in the most simple form so the portant issues of the day. best interests of the United States. American people could understand it, My resolution would also eliminate What we saw a lot of in the debate last capsulized those in those five charts. month was instead an emphasis on New I have been telling my staff—and you secret holds and place a time limit on START as the centerpiece of this ad- need to do this by the end of the de- all holds by individual Senators. And it would require filibustering ministration’s effort to reset relations bate—we need to find a way to shrink Senators to actually show up and vote with Russia. I certainly support the re- those and put those in the RECORD also in order to continue to block legisla- setting of our relations with Russia, because here we are sitting on the floor tion. As it is now, if you want to ob- but I do not believe the New START and we have these charts and we need struct Senate business, you can just go treaty was the best way to advance to somehow have those be a representa- home. How does this promote debate? this. tion also. But it should concern all of us, it So with that, I yield the floor. My commonsense proposal only re- quires you to stand up and be counted should concern everyone within the f if you want to filibuster a bill or a sound of my voice, regardless of how RULES REFORM nomination. we voted on New START that within 2 Mr. BENNET. Mr. President, I rise I don’t have a monopoly on good weeks’ time of this body approving the today in support of reasonable efforts ideas for reform. We have colleagues New START treaty, a Russian court to reform the Senate Rules. The Amer- who have been here for many years issued a second spurious guilty verdict ican people expect us to work together with a lot to add to this discussion. against Mikhail Khodorkovsky and to find solutions to the problems of the And it is also healthy that so many Platon Lebedev. Almost simulta- day. Yet anyone watching this body new Members are introducing their neously, authorities in Russia arrested can plainly see that a few Senate rules own ideas. I am hopeful that we can prominent Russian opposition figure, no longer work. achieve some consensus for the good of former Deputy Prime Minister Boris I believe we should all be cautious the country. Nemtsov. These events took place and fair about respecting Senate tradi- The PRESIDING OFFICER. The Sen- within days of each other. tion. But blindly adhering to tradition ator from Mississippi. What do these recent events mean? when the American people need us to f To me, they are two other examples of the way the current Russian leadership take a fresh look helps no one. The RUSSIA rules have been changed before, when does not respect universal values such they needed to be. Mr. WICKER. Mr. President, I am as the rule of law or freedom of expres- Anyone watching this place over the speaking today on a very important sion and assembly. The Russian Gov- last 2 years will tell you that a few of international foreign policy issue. That ernment does not share our commit- the rules no longer serve us. They need will be the subject of my address today. ment to international norms or fos- to be reformed. I wanted to come down here the first tering modernization. Resetting U.S.- We have seen consensus bills, sup- day of this legislative session, this Russian relations will be exceedingly ported by 80 or 90 Senators, get held up 112th Congress, and talk about the de- difficult while these differences persist. for many months because of a single teriorating situation with regard to op- During the last Congress, I spoke sev- Senator’s secret objections. pression and the rule of law in Russia. eral times on the trial of Mikhail And we have moved well beyond the I have come to this floor a number of Khodorkovsky and Platon Lebedev. I intended use of the filibuster for excep- times to share my concern on this sub- concluded my most recent remarks by tional circumstances and to provide for ject. I wish to begin this Congress by saying that I hoped Russia would extended debate. In fact, the filibuster once again expressing my deep concern choose the right path and somehow jus- has been so corrosive to this body that for what we see happening just in the tice would prevail in that case. Sadly, we rarely ever even have debate during recent days in Russia. it did not. A Russian court issued an- filibusters. The average American I remember looking back in 1990 and other politically motivated guilty ver- turns on their TV and only sees endless 1991 at the hope we had, the optimism dict against these two Russian dis- live quorum calls. we in the West had as we watched the sidents. This disturbing verdict reveals The American people are counting on Iron Curtain fall, as we watched the that the Russian judiciary lacks inde- us to get past the tired partisan bick- wall tumble in Berlin, and we watched pendence and that Russian authorities

VerDate Mar 15 2010 03:55 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A05JA6.057 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE January 5, 2011 CONGRESSIONAL RECORD — SENATE S55 can act above the law at will. This lat- authorities. He was held in detention I offer my deepest condolences to est verdict was not only sad for Mi- for nearly a year without trial, under Elizabeth’s family, colleagues, and khail Khodorkovsky, Platon Lebedev, torturous conditions, and he died in an friends. My thoughts are with all of and their families, but also for all peo- isolation cell on November 16, 2009, in you. Established by her family since ple, for all of us who seek a more open Russia. her untimely passing, the Elizabeth Russia based on the rule of law. During the 111th Congress, I joined Ridgway Education Fund at the Li- Prime Minister Vladimir Putin’s Senators CARDIN and MCCAIN in co- brary will help continue her legacy. comments on the case before the ver- sponsoring the Justice for Sergei The lives that she has touched, and the dict was even issued were very trou- Magnitsky Act, which would freeze as- teachers and students who her work bling indeed. According to the Associ- sets and block visas to Russian individ- has empowered, will be a lasting trib- ated Press, Russia’s Prime Minister uals responsible for Mr. Magnitsky’s ute to her life and her love of edu- said that the crimes of the former oil unfortunate death. In this, the 112th cation. She inspired many with her tycoon have been proven—he said this Congress, I will continue to highlight dedication and leadership, and I have before the verdict was even issued—and the treatment of opposition figures in every confidence that others will con- that a ‘‘thief should sit in jail.’’ Mr. Russia and the regrettable erosion of tinue the work Elizabeth loved so Putin said Khodorkovsky’s present the rule of law. much. punishment is more liberal than the I urge President Obama and Sec- f 150-year prison sentence handed down retary of State Clinton to make the in the United States to financier Ber- treatment of opposition figures a cen- JUDICIAL NOMINATIONS nard Madoff. tral part of our efforts to reset rela- Mr. LEAHY. Mr. President, in the Citing the years of advocacy and tions with Russia. In order to make closing days of the 111th Congress, a statements from global leaders, the progress on other issues, Russia needs brief flurry of activity led to the con- very respected publication The Econo- to prove it is truly committed to the firmation of 19 long-pending judicial mist explained that Putin’s comments rule of law and the human rights of all nominations. Regrettably, the stale- were ‘‘a humiliating slap in the face of of its citizens, including those who dis- mate that had prevented the Senate all those foreign dignitaries . . . who agree with the government. Without from confirming a single nomination had lobbied Dmitry Medvedev, Russia’s this, our efforts to find common ground between September 13 and December 16 president, to stop persecuting Mr. on other issues of mutual concern will resumed when Senate Republicans de- Khodorkovsky.’’ I agree with the com- continue to be undermined. nied action on 19 other well-qualified, ments contained in the publication The Mr. President, I yield the floor. consensus judicial nominations re- Economist. f ported by the Senate Judiciary Com- In a democracy, courts are inde- mittee. Ultimately, these nominations pendent and the executive branch acts REMEMBERING ELIZABETH were returned to the President, includ- as a separate branch of government RIDGWAY ing 15 nominations that received unan- with no say in final court decisions. Mr. DURBIN. Mr. President, I wish to imous or near unanimous support in Prime Minister Putin’s statement dem- say a few words about Elizabeth the committee. I suspect that when the onstrates that this separation does not Ridgway, an Illinoisan, educator, and President renominates these qualified exist in Russia. hard-working employee of the Library individuals, they will be confirmed As if the Khodorkovsky verdict did of Congress who recently passed away. with overwhelming bipartisan support. not make it clear enough that opposi- Elizabeth died on December 23, 2010, at The only question will be why we were tion will not be tolerated in Russia, the young age of 41. unable to take action on them sooner. Russian authorities arrested opposition In her role leading the Library’s Edu- In his ‘‘Year-End Report on the Fed- leader and former Deputy Prime Min- cational Outreach Division, Elizabeth eral Judiciary,’’ Chief Justice Roberts ister Boris Nemtsov on New Year’s advocated for America’s teachers and rightly called attention to the problem Eve. This took place during a report- worked to provide them with better facing many overburdened district and edly peaceful antigovernment rally in and expanded resources. In this capac- circuit courts across the country. The Moscow. Approximately 70 others were ity, she was responsible for admin- rise in judicial vacancies, which topped also arrested. A Moscow court sen- istering the Teaching with Primary 110 in 2010, and an increasing number of tenced former Deputy Prime Minister Sources program. In 2005, I secured au- judicial emergencies is of great con- Nemtsov to 50 days in jail for allegedly thorization language to establish cern to all Americans who seek justice disobeying police. This arrest was a Teaching with Primary Sources to from our courts. tremendous disappointment, but it cer- share with students and teachers the Unfortunately, the unprecedented ob- tainly was not a surprise. The Russian educational treasures of the Library of struction of judicial nominations seen Government had recently begun grant- Congress. Many Illinois educators and in the last Congress, and the dramatic ing permission for semiregular pro- educational facilities have participated departure from the Senate’s long- tests. I use the term ‘‘semiregular’’ be- in this program since its inception and, standing tradition of regularly consid- cause it was granted only for the last under Elizabeth’s guidance, have been ering consensus, noncontroversial day of months with 31 days. instrumental in the expansion of the nominations, marked a new chapter in I met with Mr. Nemtsov last March program. what Chief Justice Roberts calls the when he was here in Washington. He The numerous programs she directed ‘‘persistent problem’’ of filling judicial came to my office, and we had a very now reach tens of thousands of teach- vacancies. A New York Times editorial enlightening discussion about the fu- ers nationwide, providing them with from January 4, 2011, refers to Senate ture of Russia. I admired his dedication important classroom materials, work- Republicans’ ‘‘refusal to give prompt and commitment to promoting democ- shops, online and graduate courses, consideration to noncontroversial racy in Russia, and I hope and pray for mentoring and grants. Countless stu- nominees’’ a ‘‘terrible precedent.’’ I his safety during the remaining days in dents across our nation are benefitting agree, and I will ask that the Times’ a Moscow jail cell. from the Library’s collections as a re- editorial be printed in the RECORD. Sadly, we have learned that not all sult of Elizabeth’s work. Nearly all of the mere 60 district and those who opposed the Russian Govern- Librarian of Congress James H. circuit court nominations the Senate ment do, in fact, return from Russian Billington said Elizabeth ‘‘was a pio- was allowed to consider last year were jails. Sergei Magnitsky, who was a neering humanistic educator of the confirmed with the overwhelming, bi- young Russian anticorruption lawyer Internet Age.’’ He continued, ‘‘she was partisan support of the Senate. Yet employed by an American law firm in admired and beloved by colleagues at nearly a third of these nominations— Moscow who blew the whistle on the all levels of the Library—and by many 19—were held up for more than 100 largest tax rebate fraud in Russian his- local librarians and K–12 teachers all days, only to be confirmed unani- tory perpetrated by high-level Russian over America. . . . We will deeply miss mously. As the Times editorializes, officials, is an example. Magnitsky was her infectious enthusiasm and selfless ‘‘apart from partisan gamesmanship, arrested shortly after he testified to dedication.’’ there was no reason that Republicans

VerDate Mar 15 2010 02:46 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.088 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S56 CONGRESSIONAL RECORD — SENATE January 5, 2011 held up these nominations for months There being no objection, the mate- MEDICARE only to unanimously approve nearly all rial was ordered to be printed in the Mr. GRASSLEY. Mr. President, as we of them in the waning days of the lame RECORD, as follows: begin the 112th Congress I want to dis- duck session.’’ Among these nomina- [From the New York Times, Jan. 3, 2011] cuss one of my continuing concerns tions was that of Kimberly Mueller, THE MISSING JUDGES with the Medicare Program. For the nominated to fill a vacancy in the The annual report on the federal judiciary last 10 years, I have served most re- Eastern District of California. Chief by the chief justice of the United States is cently as ranking member and pre- Justice Roberts cited this confirmation not a place you would normally go for polit- viously as the chairman of the Senate as one of the most sorely needed. Yet ical agitation. But that is just what Chief Committee on Finance, which has ju- Justice John Roberts Jr. offered by using a for more than 7 months, the Senate risdiction over Medicare. During this was prevented from considering the portion of his year-end review to deplore the ‘‘acute difficulties’’ created for the justice time I have led efforts to reform the nomination to fill this vacancy. Judge system by the Senate’s slowness in approv- Medicare payment system and realign Mueller’s nomination was unanimously ing President Obama’s nominees for federal incentives in Medicare to promote reported by the Judiciary Committee judgeships. higher quality and more efficient care. in May; her nomination was unani- Justice Roberts is right to be concerned Today, I would like to address one of mously confirmed on December 16. No that mounting federal court vacancies are the flaws in the Medicare payment sys- Senator objected to her qualifications, creating crushing caseloads in some jurisdic- tem: the inaccuracy of the Medicare her record, or her fitness to serve. This tions and hampering courts’ ability to fulfill their vital role. Given his office, we under- geographic adjustment factors used for sort of delay is the real crisis facing stand why he did not point a partisan finger physician practice expense and the ad- the Federal judiciary. in his report. But he diluted his message a verse impact they have on rural Medi- Lifetime appointments to the Fed- bit by suggesting that blame for this under- care beneficiaries’ access to care. This eral bench should not be granted with- mining of the judicial branch rests evenly flaw has for many years resulted in un- out due consideration. No Senator, with both parties. The main culprit is an un- fairly low payments to high quality Democrat or Republican, should simply precedented level of Republican obstruc- areas like my own home State of Iowa rubberstamp the nominations of any tionism. and many other rural States. Democrats sought to block a handful of Medicare payment varies from one President. In the first Congress of the President George W. Bush’s controversial Bush administration, the Democratic nominees for circuit court seats, but were area to another based on the geo- majority worked to confirm 100 judi- open about stating their objections, and graphic adjustments known as the geo- cial nominations, turning the page on promptly allowed up or down votes on other graphic practice cost indices or GPCIs. the Republicans’ pocket-filibusters of nominees once approved by the Judiciary These geographic adjustments are in- the 1990s. We proceeded with regular Committee. tended to equalize physician payment consideration of noncontroversial, con- In the last Congress, Republicans typically by reflecting differences in physician’s refused to publicly explain their opposition practice costs. But they do not accu- sensus nominations, most of which re- to individual nominees and their prolonged ceived unanimous support in the Sen- rately represent those costs in Iowa or blockade of candidates who had cleared the other rural States. They have failed to ate. We confirmed 20 nominations dur- committee either unanimously or with just a ing the lameduck session in 2002, in- couple of negative votes. Between Congress’s do the job. They penalize rather than cluding two controversial circuit court return from its August recess and the start equalize Medicare reimbursement in nominations which were favorably re- of the lame duck session, Senate Republicans rural States and discourage physicians ported by the Senate Judiciary Com- consented to vote on just a single judicial from practicing in areas like New Mex- mittee in the lameduck session. Senate nomination. ico, Arkansas, Missouri, and Iowa be- Before adjourning, Senate Republicans al- cause of their unfairly low Medicare Republicans’ decision in December to lowed action on 19 well-qualified nominees— object to consideration of 19 judicial rates. Iowa is widely recognized as pro- some of whom had been left in limbo for viding some of the highest quality care nominations favorably reported by the nearly a year after clearing the Judiciary Judiciary Committee—including 15 Committee. That was welcome progress. But in the country yet Iowa physicians re- nominations with overwhelming bipar- apart from partisan gamesmanship, there ceive some of the lowest Medicare re- tisan support—has established a new was no reason that Republicans held up imbursement in the country due to low with regard to judicial nomina- these nominations for months only to unani- these inequitable geographic dispari- mously approve nearly all of them in the tions. They set back the progress we ties. waning days of the lame duck session. I introduced legislation to correct have tried to make in confirming Partisan obstruction was also the only these unwarranted geographic payment judges. plausible reason that Republicans declined disparities in the 110th Congress, the I suspect that President Obama will to allow confirmation of 15 other nominees who were considered noncontroversial and Medicare Physician Payment Equity renominate these qualified individuals. Act of 2008. In the 111th Congress, I in- I hope to work with the Judiciary Com- were cleared by the committee after the No- vember election. Those nominations have troduced the Medicare Rural Health mittee’s new ranking Republican, Sen- been returned to the president, ensuring fur- Access Improvement Act of 2009. And ator GRASSLEY, to promptly consider ther delays in filling seats when those indi- when the Senate Finance Committee and report these nominations to the viduals are renominated and a newly recon- conducted its markup of health reform full Senate. I hope that Senator GRASS- stituted Judiciary Committee must hold new legislation in the fall of 2009, I offered LEY will work with me to ensure the hearings. Four other nominees approved by the com- an amendment to reform the practice timely confirmation of these and other expense geographic adjustment, PE noncontroversial, consensus nomina- mittee by a party-line vote were also denied Senate consideration. That list includes GPCI, that has caused unduly low pay- tions, which will help reduce vacancies Goodwin Liu, a well-qualified law professor ments in rural areas due to the inac- and address the judicial crisis. and legal scholar whose main problem for curate data and methodology that is The American people turn to our Republicans, it seems, is his potential to fill used. My amendment provided more courts for justice. Likewise, the Senate a future Supreme Court vacancy. equity and accuracy in calculating this must return to the time-honored tradi- The dismal net result, laments Senator adjustment, and it provided a national Patrick Leahy, the Judiciary Committee tions of the Senate, and work together solution to the problem. It was accept- to secure the confirmation of the Presi- chairman, is that the Senate confirmed just 60 district and circuit court judges—the ed unanimously by the Senate Finance dent’s judicial nominations. Judicial smallest number of judges for the first two Committee, and it was included in the vacancies hinder the Federal judi- years of a presidency in more than three dec- Senate health reform bill, the Patient ciary’s ability to fulfill its constitu- ades. Protection and Affordable Care Act, tional role. Working together, we can The Republicans’ refusal to give prompt PPACA, that was enacted last year. restore the judicial confirmation proc- consideration to noncontroversial nominees The goal of my amendment was to ess. sets a terrible precedent. It gives Democrats assure that the statutory mandate of something to consider as they weigh possible Mr. President, I ask unanimous con- rules changes in the Senate to curb the auto- the Social Security Act is met and that sent to have printed in the RECORD the pilot filibusters and secret holds that mind- the most recent and relevant data is New York Times Article to which I re- lessly delay essential business, like the con- used for these geographic adjusters. ferred. firmation of federal judicial nominees. The language of section 3102(b) is very

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It should include expenses don’t benefit from the Frontier Free- ology and evaluation of the data is con- like office furniture and information loader because they don’t meet the def- ducted by the Department of Health technology that cost the same, no mat- inition of a frontier State. We should and Human Services, HHS. The Sec- ter where you live, but it doesn’t. And improve physician payments for all retary is mandated to limit the impact the weights used by CMS in their rural States, not just a select few. And of the existing adjustments by reflect- methodology are outdated and fail to it’s unfair to improve hospital pay- ing only one-half of the geographic dif- represent physician practice expenses ments for just a few States. My legisla- ferences in employee wages and rents accurately. tion would have eliminated those spe- in the PE GPCI adjustment for 2010 and Unfortunately, the more accurate cial payments for just five States, and 2011 and to hold harmless those local- calculation of practice expense costs I will be reintroducing that legislation ities that would otherwise see a reduc- that was intended to be achieved by my again soon. tion as a result of this adjustment. amendment also has been jeopardized The Institute of Medicine, IOM, has Most importantly, the provision re- by a special interest provision that was been asked by HHS to evaluate the ac- quires that a longer term solution be added to PPACA behind the closed curacy of the existing geographic ad- implemented in 2012, at which time the doors of the majority leader during the justment factors and whether the cur- Secretary must make appropriate ad- Senate floor consideration of health re- rent measures and data are representa- justments to the formula to ensure ac- form. It addresses geographic dispari- tive of the costs. I have prepared a curate geographic practice expense ad- ties in Medicare payment but it helps statement for consideration by the justments. just 5 States at the expense of the IOM committee charged with this re- This 2-year transition in 2010 and 2011 other 45 States. It is what I call the view, the Committee on Geographic was provided to allow time for a fo- ‘‘Frontier Freeloader’’ provision. It im- Adjustment Factors in the Medicare cused, in-depth study by the Centers proves Medicare reimbursement in Program. I urge the IOM to address the for Medicare and Medicaid Services, these frontier States by establishing inaccuracy of the current geographic CMS, on the data and methodology floors for the hospital wage index and adjusters used for physician practice used to support a revised PE GPCI for- the physician practice expense GPCI. A expense, the methodology and data mula that would be implemented by frontier State is defined as one with 50 used in their calculation, and the ad- January 1, 2012. However, to date CMS percent or more frontier counties, de- verse effect of the existing practice ex- has failed to make any significant fined as counties with a population per pense geographic adjustment factor on changes in the sources of the data or square mile of less than six. rural access to care. I also urge IOM to the methodology used in calculation of This special deal will ensure that review the frontier States provision the practice expense adjustment. Al- higher payments go to just five rural and provide HHS and Congress with recommendations on specific factors though CMS has acknowledged its obli- States in 2011—North Dakota, South that could be used to determine physi- gations for an additional study as Dakota, Montana, Wyoming and Ne- cian practice costs in those States in called for by section 3102(b), they con- vada—at the expense of every other lieu of the inequitable frontier States tinue to claim that their ‘‘analysis of State. But the Frontier Freeloader is even more egregious because Iowa and floor. the current methods of establishing PE It is my hope that the IOM will care- other States like Arkansas and New GPCIs and [their] evaluation of data fully consider these comments as it Mexico that don’t benefit from this that fairly and reliably establish dis- proceeds with its review and develops provision are paying for it! So, tax- tinctions in the cost of operating a recommendations and a report to be payers in your State and mine all the medical practice in the different fee submitted to HHS and the Congress other 45 States—will kick in to pay for schedule areas meet the statutory re- later this year. I ask unanimous con- quirements’’ of section 3102(b), Federal this unfair $2 billion Frontier Free- sent that my statement to the IOM be loader carve-out for five States that Register, November 29, 2010, Page 73254. printed in the RECORD. I strongly disagree. ends up harming all the other rural There being no objection, the mate- When the current Medicare payment States. And that is just the cost for the rial was ordered to be printed in the system was established, Congress de- next few years. The frontier States RECORD, as follows: cided that geographic adjustments deal does not sunset, and it is not time- STATEMENT OF SENATOR CHUCK GRASSLEY would be appropriate to equalize physi- limited. It will continue to benefit so- (Institute of Medicine, Committee on Geo- cian payment by reflecting differences called ‘‘frontier States’’ forever while graphic Adjustment Factors in the Medi- in physicians’ practice costs, and it es- taxpayers in your State and mine con- care Program, Jan 5, 2011) tablished the geographic practice cost tinue to pay the bills. It’s another ex- As the senior senator from Iowa and the indices, GPCIs, for physician work, ample of how the lack of transparency Ranking Member of the United States Sen- practice expenses, and malpractice pre- and the deals made behind closed doors ate Committee on Finance in recent years, I miums. Congress also mandated that to garner votes last year led to bad appreciate the opportunity to provide this HHS use the most recent data available policies. And it became law when the statement to the Institute of Medicine (IOM) relating to practice expenses in calcu- President signed the health care re- on a study that the IOM has undertaken at the request of the Secretary of the Depart- lating the geographic adjustments for form bill. ment of Health and Human Services (HHS) physician practice costs. I introduced legislation to eliminate regarding the accuracy of the geographic ad- However, CMS has long relied upon the inequitable frontier freeloader pro- justment factors used for Medicare payment. proxy data sources that bear little to vision in the last Congress and to im- For the last ten years, I served either as no relevance to actual practice costs, prove Medicare beneficiaries’ access to Ranking Member or as the Chairman of the such as using Housing and Urban De- care in all rural States. The Medicare Senate Committee on Finance, which has ju- velopment, HUD, apartment rental Rural Health Care Equity Act of 2010 risdiction over Medicare. During this time, I led congressional efforts to establish more data to calculate physician office rent. would have eliminated this special accurate geographic adjusters for Medicare This doesn’t have any connection with Medicare reimbursement rate for fron- physician payment and to realign incentives the cost of office space, let alone a phy- tier States and provided additional in Medicare to promote higher quality and sician’s office. Also, the current for- funds from its repeal to improve reim- more efficient care. This IOM committee has mula only counts employee wages in bursement in all rural States. Iowa been asked to evaluate the accuracy of the four occupations: nurses, clerical per- provides some of the highest quality geographic adjustment factors and to pro- sonnel and medical technicians but it care in the country but it does not vide their recommendations as to whether the current measures and data are represent- should reflect employee wages more ac- meet the definition of a frontier State. ative of the costs. I would like to address the curately by also taking into account Certainly Iowa should have been helped inaccuracy of the current Medicare geo- physician assistants, office administra- since Medicare reimbursement for hos- graphic adjustment factors used for physi- tors, and other more highly com- pitals and physicians is lower in Iowa cian practice expense, the methodology and

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I offer these comments for con- tween the highest paid and the lowest-paid costs while the Medicare payment system sideration by the committee as it proceeds Medicare Part B payment locality (Alaska upon which they rely fails to reflect those with its review and develops its rec- and Puerto Rico) for the same Medicare serv- same practice expense costs fairly and accu- ommendations and report to HHS and Con- ice. The PE GPCI disparity for this same pe- rately. gress later this year. riod was even greater, ranging from 1.441 The goal of Section 3102(b) is to assure that the statutory mandate of the Social Security MEDICARE’S FLAWED GEOGRAPHIC ADJUSTMENT (San Francisco) for the highest to 0.694 for Act is met and that the most recent and rel- FACTORS the lowest (Puerto Rico) and 0.821 for the second lowest (the rest of Missouri), with 1.0 evant data is used for these geographic ad- Medicare’s payment system for physicians being the average. The PE GPCI for Iowa was justers. The language of Section 3102(b) is is flawed in many ways. One of those flaws is 0.870. This means that physicians in San very specific in its directions but so far CMS the unjustified geographic disparities in pay- Francisco received a PE GPCI adjustment has failed to make significant changes in the ment that has for many years given unfairly that was 144 percent of the average, while methodology or data used in calculation of low payments to high quality areas like my Iowa physicians received an adjustment of the PE GPCI. The final CMS CY 2011 Medi- home state of Iowa and other rural states. just 87 percent. care physician payment rule sets forth the Geographic equity in Medicare payment has Survey findings of the American Medical results of CMS’ sixth 3–year GPCI review. Al- been a longstanding issue of major concern Association (AMA) and others challenge this though CMS acknowledged its obligations to me. The new health care reform law, the significant range in payment disparity by for an additional PE GPCI study under Sec- Patient Protection and Affordable Care Act showing little measurable distinction in phy- tion 3102(b) of PPACA, they stated that their (PPACA), includes a provision I authored sician practice expenses throughout the ‘‘analysis of the current methods of estab- that makes some much needed changes in country. The AMA PPIS is based on actual lishing PE GPCIs and [their] evaluation of the calculation of the geographic adjustment physician data, rather than the proxy data data that fairly and reliably establish dis- factors that is intended to provide more eq- upon which CMS relies. Geographic distinc- tinctions in the cost of operating a medical uitable payments to physicians in rural tions in physician practice expense payment practice in the different fee schedule areas areas and to improve access to health care in rural areas should be supported by accu- meet the statutory requirements’’ of Section for Medicare beneficiaries in rural states. rate and reliable data and calculations. I 3102(b) (Federal Register, November 29, 2010, Medicare payment differences from one urge the committee to address this discrep- Page 73254). area to another based on the geographic ad- ancy between credible surveys, based on real The most recent CMS review and analysis justments known as the Geographic Practice physician cost data, and the PE GPCI range does not provide a new analysis and evalua- Cost Indices (GPCIs) are intended to equalize established by CMS. tion of data but merely treads old ground, physician payment by reflecting differences Section 3102(b) requires a transitional two- looking at the PE GPCI underlying data and in physician’s practice costs but they do not year period of limited relief to reduce the its weights along the lines of what other accurately represent those costs in Iowa or impact of the current, inequitable practice studies have already examined. For example, other rural states. They have been a dismal expense formula in rural areas while a broad- CMS continues to rely, with little justifica- failure, in fact. They discourage physicians er analysis of the methodology and evalua- tion, on Housing and Urban Development from practicing in rural areas because they tion of the data is conducted by HHS. The (HUD) section 8 apartment rent data as a create unfairly low Medicare reimbursement Secretary is mandated to limit the impact of proxy for physician rent even though Section rates. the existing adjustments by reflecting only 3102(b) directs CMS to evaluate ‘‘the feasi- I introduced legislation to correct these one half of the geographic differences in em- bility of using actual data or reliable survey unwarranted geographic payment disparities ployee wages and rents in the PE GPCI ad- data developed by medical organizations on in the 110th Congress, the Medicare Physi- justment for 2010 and 2011 and to hold harm- the costs of operating a medical practice, in- cian Payment Equity Act of 2008, as well as less those localities that would otherwise see cluding office rents and non-physician staff the Medicare Rural Health Access Improve- a reduction as a result of this adjustment. wages in different fee schedule areas.’’ If no ment Act of 2009 in the 111th Congress. In the The provision requires that a longer-term so- suitable nationwide data on rental rates for fall of 2009, I also offered an amendment in lution be implemented in 2012, at which time physician office space currently exist, the the Senate Finance Committee markup of the Secretary must make appropriate adjust- IOM should recommend other approaches for health reform legislation to reform the prac- ments to the formula to ensure accurate geo- CMS to use in studying this issue to come up tice expense geographic adjustment that has graphic practice expense adjustments. These with more reliable data than HUD apartment caused unduly low payments to physicians in statutory adjustments were intended to rents. rural areas due to the inaccurate data and moderate the negative effects of the existing CMS acknowledged in the final physician methodology that is used. inaccurate GPCI disparities on low-paid payment rule for CY 2011 that there is much My amendment was intended to provide Medicare regions while allowing time for a ongoing analysis of the PE GPCI data that more equity and accuracy in calculating this focused, in-depth study by the Centers for could form the basis of future GPCI changes. adjustment as well as to provide a national Medicare and Medicaid Services (CMS) on They stated that they would ‘‘review the solution to the problems that have arisen the inputs, weights, and data used in the PE complete findings and recommendations from the current unwarranted disparities in GPCI to support a revised formula that from the Institute of Medicine’s study of ge- Medicare payment due to these geographic would be implemented as of January 1, 2012. ographic adjustment factors for physician adjustments. The amendment was accepted Congress agreed at the inception of the payment’’ along with other HHS activities unanimously by the Senate Finance Com- current Medicare payment system that, to and continue to study the issues as required mittee during markup of Senate health re- the extent physicians practicing in the var- by Section 3102(b) (Federal Register, Novem- form legislation in September 2009. Section ious Medicare payment localities face higher ber 29, 2010, Page 73256). CMS will consider 3102(b) of the Patient Protection and Afford- or lower practice expense burdens, reason- the GPCIs for CY 2012 again in the context of able Care Act (PPACA) that passed the Sen- able distinctions in Medicare payment would their annual physician fee schedule rule- ate and became law is based on this amend- be appropriate, and it established the Geo- making beginning in CY 2011 based on infor- ment. It requires HHS to improve the accu- graphic Practice Cost Indices (GPCIs) for mation that is available then. racy of the Practice Expense Geographic physician work, practice expenses, and mal- A significantly more comprehensive anal- Practice Cost Index (PE GPCI) data and practice premiums to do so. To support the ysis and detailed evaluation should be con- methodology and to examine the feasibility PE GPCI, Congress directed the Department ducted for the PE GPCI study mandated by of using actual data or reliable survey data of Health and Human Services to ‘‘use the Section 3102(b) than what has been detailed on office rents and non-physician staff most recent data available relating to prac- by CMS in its final CY 2011 Medicare physi- wages. These two PE GPCI inputs, which are tice expenses . . . in different fee schedule cian payment rule. New studies, data, and the only inputs adjusted to reflect local areas.’’ (Social Security Act, Section other approaches must exist or be developed costs, currently do not measure physician 1848(e)(1)(D)). The statutory requirement to facilitate reliability and accuracy in iden- costs. Instead, they rely upon proxies. The makes it clear that there must be a nexus tifying actual physician practice expenses current input adjustments are not credible between data sources and actual physician and setting weights among those expenses. because of their reliance on proxy data practice expenses as represented by the in- That is why a two-year transition was pro- sources rather than actual physician prac- puts of the PE GPCI. vided: to ensure that CMS would have suffi- tice costs. As a result, some physicians are However, CMS has long relied upon proxy cient time to do additional studies, if need- paid more and others are paid significantly data sources that bear little to no relevance ed, and come up with more meaningful data less for the very same service with the same to actual practice costs. Furthermore, the than, for example, continuing to use apart- time, effort, and expertise needed to furnish weights used by CMS are outdated and fail to ment rental data which bears no relation to that service to a Medicare beneficiary. represent accurately the relativity in ex- the cost of a physician’s office. I urge the I urge the committee to note the wide dif- penses in this dynamic and ever-changing committee to provide CMS with specific rec- ferences in physician payment under the field. It is my understanding that the PE ommendations for more accurate method- GPCIs as currently constructed. At the be- GPCI, in particular, is currently supported ology that could be used to determine the PE ginning of calendar year 2010, before the by data that is neither relevant to physician GPCIs and obtain more reliable actual or

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There are several reasons for this. tended to be achieved by Section 3102(b) has in payment are not based on actual or reli- able data, and they put rural Medicare bene- We now have no leverage with the Rus- been jeopardized by a special interest provi- sian Federation since they have al- sion that was added to PPACA behind closed ficiaries at risk. I urge the committee to rec- doors during the Senate floor consideration ommend that CMS use actual practice cost ready gotten a treaty favorable to of health reform. The ‘‘frontier states’’ pro- data rather than the current inaccurate their interests. Further, we will be vision addresses geographic disparities but proxies to ensure that Medicare payment re- pressing the Russians on other issues helps just five states at the expense of the flects true geographic differences in physi- impacting our national security such other 45. It improves Medicare reimburse- cian practice costs. as sanctions on Iran. Supporters of the ment in the so-called frontier states by es- f treaty believe that Russia will be more tablishing a permanent 1.0 floor for the PE START TREATY amenable to our requests when history GPCI as well as for the hospital wage index, shows that Russia will act in their in- effective January 1, 2011. A frontier state is Mr. COBURN. Mr. President, the defined as one with 50 percent or more fron- terest and are not concerned with exis- Constitution of the United States is an tential threats to our national secu- tier counties, defined as counties with a pop- amazing document. Every day I appre- ulation per square mile of less than six. The rity. frontier states provision ensures that higher ciate the foresight of our Founding Fa- Finally, one of the purposes of any Medicare physician payments resulting from thers who knew that future Presidents, arms treaty is to clarify and inform a higher PE GPCI adjustment go to just five of any political philosophy, would seek signatories to the treaty about capa- states in 2011—Montana, Wyoming, North to expand their power and try to im- bilities and intentions of each side. Dakota, South Dakota, and Nevada. pose their will over the legislative However, the new START treaty nei- Iowa provides some of the highest quality branch, the branch closest to the citi- ther clarifies nor informs anyone about care in the country but it does not meet the zens of the United States. definition of a frontier state. Yet Medicare the United States’ capability and in- reimbursement for hospitals and physicians For this reason they added an impor- tentions with regards to a national is lower in Iowa than in most of these so- tant clause in article 2, section 2 that missile defense program. It is clear called frontier states. Medicare also pays says ‘‘He shall have Power, by and with that the negotiators wanted to avoid much lower rates in other rural states that the Advice and Consent of the Senate, this difficult topic knowing that Rus- do not meet the definition of a frontier state. to make Treaties, provided two thirds sia opposes the concept of the United The frontier states provision is even more of the Senators present concur;’’ egregious because taxpayers in all 50 states States being able to defend itself from Negotiators for the Strategic Arms a rogue missile attack. However, by will help pay the estimated $2 billion cost for Reduction Treaty on both sides know a provision that benefits just five states. avoiding the topic completely, Russia That amount is the Congressional Budget Of- the terms of our Constitution, which is forced to consider the mixed mes- fice cost estimate of the frontier states pro- predates both the Russian Federation sages of the Obama administration vision for the next ten years. A practice ex- and the Soviet Union it replaced. withdrawing missile defense capability pense floor for rural states may be warranted However, as the Senate considered from Poland and statements by admin- but it should not be an adjustment for just a the Strategic Arms Reduction Treaty, istration officials and Congress calling few select states. This automatic pay in- or the START treaty, supporters of the crease for frontier state physicians could re- for a robust four-phase missile defense treaty seemed to say that the Senate program. The treaty as written can sult in reduced access for Medicare bene- should abandon its role of advice and ficiaries in nearby rural states that do not only cause further instability and con- have the 1.0 PE floor if physicians migrate to just focus on consent. It was repeated fusion on the critical issue of missile those rural areas where Medicare payment many times that any change, no mat- defense between the United States and has been significantly increased. ter how minor or no matter how much the Russian Federation. Clarifying Last spring I introduced legislation, the it improved the treaty, would be con- amendments from Republican Senators Medicare Rural Health Care Equity Act of sidered a treaty-killer as further nego- 2010, to eliminate the special Medicare reim- regarding missile defense and the tiation with Russia was inexplicably United States’ intention to deploy bursement rates for frontier states. It is im- taken off the table as an option. perative to reduce unwarranted geographic technologies against all four phases of disparities and base physician practice ex- The reasonable amendments offered ballistic missile flight would have pense costs on actual or reliable survey data, by Republican Senators were all helped the treaty, not killed it. In- not by legislative fiat that improves physi- rebuffed. The supporters of the treaty stead, the lone statement on missile cian payments for just a few states. Al- repeated many times how reasonable defense in the preamble of the treaty though legislative action would be required the amendments were but that the clearly implies that the United States to make changes in this regard, I urge the treaty was not the appropriate time to IOM to review this situation and provide rec- should limit its missile defense in an be debating such matters. Authors of attempt to limit the need for offensive ommendations to HHS on whether specific amendments involving ensuring a ro- factors should be considered to determine missiles. The United States has no in- physician practice costs in frontier states if bust missile defense, improving verifi- tention of doing so as it is a national such a floor did not exist. cation to prevent Russia from cheat- security threat for us to ignore the CONCLUSION ing, and merely mentioning the exist- dangers posed by North Korea and Iran The practice expense geographic adjust- ence of tactical nuclear weapons were in this area. ment factor has a significant impact on the all told that another day is the best Because of these many reasons, I health care workforce in rural areas, because time to discuss those matters. How- voted against the new Start treaty. it plays a major role in the ability to recruit ever, one of the greatest threats to While it did pass over my objections, I and retain physicians in rural areas who see United States national security is the hope that future Senators will not use more patients and work longer hours for cor- acquisition of a tactical nuclear weap- the debate we just held in this lame- respondingly lower pay. This in turn can re- on by a terrorist organization. Since duck session of Congress as precedent sult in Medicare beneficiaries in rural areas Russia has a preponderance of the having reduced access to physicians and to abdicate their constitutional role other health care practitioners. Twenty per- world’s tactical nuclear weapons, how for international agreements. cent of the population lives in rural America can it be that a treaty dealing with nu- f yet only nine percent of physicians practice clear weapons control is not the time there. Shortages of primary care and spe- to discuss this issue? REMEMBERING SENATOR CHARLES cialty physicians currently exist in many Supporters of the START treaty say SUMNER rural areas yet unwarranted geographic pay- that after it is ratified the President ∑ Mr. BROWN of Massachusetts. Mr. ment disparities make it difficult to improve will be able to go and negotiate further President, today I rise to celebrate the access for rural Medicare beneficiaries and agreements with the Russians on mat- bicentennial, January 6, 2011, of the other patient populations. The existing inaccurate geographic adjust- ters important to the United States’ birth of U.S. Senator Charles Sumner, ments by CMS result in unwarranted and un- interest such as the tactical nuclear who so ably represented the Common- duly low rural reimbursement rates. More weapons. However, both opponents and wealth of Massachusetts in this body

VerDate Mar 15 2010 02:46 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A05JA6.066 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S60 CONGRESSIONAL RECORD — SENATE January 5, 2011 from 1851 until his death in 1874. While across our country bear the name of forcement community with passion and I am honored to serve the people of this outspoken Senator from Massa- expertise. Since 2006, Darrell has served Massachusetts from the physical desk chusetts. as a criminal investigator for the Mon- once occupied by Senator Sumner, I Today, the issue of education reform tana Department of Justice, Gambling rise today in recognition of Charles looms large in our Nation’s conscious- Control Division. Darrell served over 30 Sumner’s tireless and often solitary ness. Too many of our public school years with the Billings Police Depart- quest for racial equality, education re- systems are failing our children. We ment, including 5 years as the Deputy form, and social justice. would be wise to look at the legacy of Chief of Police. Originally from Joliet, By all accounts, Senator Sumner was Senator Sumner. He was one of his Darrell graduated from the Montana one of this body’s greatest orators; era’s most vocal advocates for high- Law Enforcement Academy and began Sumner didn’t give speeches, he un- quality public schools and argued in his career with the Billings Police De- leashed them. According to Henry the Massachusetts courts for the inte- partment as a patrolman in 1974. Work- Wadsworth Longfellow, Sumner deliv- gration of the Commonwealth’s ing his way up the ranks, Darrell has ered remarks ‘‘like a cannoneer ram- schools. He based his argument on served as a sergeant and then lieuten- ming down cartridges.’’ The target of the—at the time—novel concept that ant of the Operations Division as well Sumner’s verbal fusillade was almost the inferior schools to which many as captain for the Investigations, always injustice, especially slavery and children were relegated had lasting ef- Training, and Support Services Divi- the men and institutions that sought fects on their development. In fact, a sion. Upon the request of the Billings to expand or perpetuate it. Yet, even century later this very argument city administrator in 2005, then-Deputy among fellow mid-19th century aboli- would underpin our Nation’s most fa- Chief of Police Bell stepped in to be- tionists, Charles Sumner’s views on ra- mous civil rights case. In 1954, a young come the Interim Chief of Police. Dar- cial equality were considered utopian. Black girl named Linda Brown was pre- rell has served Montana and his com- Years before the Emancipation Procla- vented from enrolling in an all-White munity on the executive boards for mation, Sumner called for the aboli- public school that was much closer to High-Intensity Drug Trafficking Areas tion of slavery. Decades before the 15th her home than the all-Black school she and the Montana Chiefs of Police. amendment declared that the ‘‘right of was forced to attend. Her father joined I received an outpouring of support citizens of the United States to vote a class action suit against the city’s for Darrell when he was nominated. shall not be denied or abridged by the school board, and the resulting case After reading just a couple of these United States or by any state on ac- would forever transform American so- outstanding letters, I knew that we had count of race, color, or previous condi- ciety. The city was Topeka, KS. The the right man for the job. Darrell’s tion of servitude’’ and nearly a century case was Brown v. Board of Education. peers described him as the ‘‘consum- before the Voting Rights Act, Sumner Ironically, the school where she had mate professional,’’ a ‘‘first-class lead- insisted that all Black men should been denied was known as the Sumner er,’’ and as a person who ‘‘is not afraid have the rights of citizenship. Elementary School. Peering down from to sit down face to face and debate an Charles Sumner was not born into a somewhere on high, Senator Sumner issue to find a resolution.’’ One letter powerful or wealthy Massachusetts must have been pleased that injustice stated that he ‘‘leads by example and family; his upbringing in Boston was at was not allowed to stand in his name. many people find his enthusiasm and best modest. Yet his parents insisted At the time of his death in 1874, Sum- dedication both inspiring and moti- that Charles receive the best education ner was still agitating for school re- vating.’’ Montana law enforcement is available, and he was fortunate enough form and Federal legislation to repeal clearly in good hands. to attend the acclaimed Boston Latin all discriminatory laws against Blacks Darrell has a proven track record of School, where he excelled and went on and the tens of thousands of Asians bringing folks together, and working to receive degrees from Harvard Col- who had immigrated to America and with local, State, and Federal law en- lege and Harvard Law School. Sumner helped build our transcontinental rail- forcement officials to provide a safe en- spent his late twenties travelling road system. The late Senator Robert vironment for Montana’s communities. through Europe and England, where his C. Byrd, a noted historian of the Sen- Darrell’s experience and leadership in intellect and education impressed lead- ate, once wrote, ‘‘After Clay, Calhoun law enforcement will truly be an asset ing officials with whom he formed last- and Webster, no nineteenth-century for Montana’s U.S. Marshal’s Office. I ing relationships that proved invalu- senator stood higher on the political again congratulate Darrell and his able to the Union years later when horizon than did Charles Sumner, nor family, wife Dawn, son Brent, and Sumner served on the Foreign Rela- did any garner more praise, condemna- daughter Lindsay on his appointment, tions Committee. tion and controversy than that elo- and I applaud his continued service to In May of 1856, Sumner became the quent Massachusetts senator.’’ Today, the State of Montana.∑ victim of one of the most unfortunate I am proud to celebrate the bicenten- f incidents in Senate history. Days after nial of Sumner’s birth and his incred- TRIBUTE TO GENERAL CARROL H. Sumner delivered a vitriolic speech ible service in the U.S. Senate.∑ against Kansas-Nebraska Act coauthor CHANDLER f Andrew Pickens Butler, the South ∑ Mr. INHOFE. Mr. President, today I Carolina Senator’s nephew, a Member ADDITIONAL STATEMENTS wish to recognize and pay tribute to of the House of Representatives, ap- GEN Carrol H. Chandler for over 36 proached Sumner while he was sitting years of exceptional service and dedica- at his Senate desk and beat him uncon- TRIBUTE TO DARRELL BELL tion to the U.S. Air Force. He will be scious with a metal tipped cane. The ∑ Mr. BAUCUS. Mr. President, today I retiring from Active Duty on March 1, attack left Sumner gravely injured, congratulate Darrell Bell for his recent 2011. and he did not return to the Senate for appointment as the U.S. Marshal for He currently serves as the Vice Chief 3 years. Sumner’s ‘‘Crime Against Kan- the District of Montana. I was pleased of Staff of the U.S. Air Force, Wash- sas’’ speech, and the violent retribu- to see my colleagues unanimously sup- ington, DC. As Vice Chief, he presides tion for it, further eroded the already port the nomination of such an out- over the Air Staff and serves as a mem- strained relations between representa- standing public servant, and I am con- ber of the Joint Chiefs of Staff Require- tives of free and slave States. In his fident he will serve the State of Mon- ments Oversight Council and Deputy day, Senator Charles Sumner was con- tana admirably. As the former Deputy Advisory Working Group. He assists sidered an extreme, a wild-eyed dream- Chief of Police for the City of Bil- the Chief of Staff with organizing, er whose vision of a society free of in- lings—Montana’s largest community— training, and equipping 680,000 Active- stitutional racism seemed as Darrell possesses the qualities nec- Duty, Guard, Reserve and civilian unachievable as it was radical. Today, essary to successfully lead Montana’s forces serving in the United States and 200 years after his birth, we are the U.S Marshal’s Office. overseas. heirs of Charles Sumner’s vision. Doz- For the last three and a half decades, A command pilot with more than ens of streets, schools, and towns Darrell has served Montana’s law en- 3,900 flying hours in the F–15, F–16, and

VerDate Mar 15 2010 02:46 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.011 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE January 5, 2011 CONGRESSIONAL RECORD — SENATE S61 T–38, GEN ‘‘Howie’’ Chandler has com- sion, of Headquarters Allied Air Forces the past several years through our per- manded a major command, a numbered Southern Europe, Naples, Italy. After sonal interaction during numerous air force, two fighter wings, a support being promoted, Major General Chan- meetings and hearings, including the group and a fighter squadron—a true dler returned to Washington, DC to be- annual Altus Quail Breakfast and testament to his exceptional come the director for expeditionary meetings of the U.S. Air Force Acad- airmanship, leadership, and judgment. aerospace force implementation, fol- emy’s board of visitors, which I have His staff assignments include tours at lowed by the director of operational been honored to attend. I will miss his Headquarters Pacific Air Forces, the plans, deputy chief of staff for air and honesty and frankness, a trait that has Pentagon, Headquarters U.S. Pacific space operations. Moving from the Pen- served him, the Air Force, and this Na- Command, Headquarters U.S. Military tagon to Langley Air Force Base, VA, tion well during his time as a senior Training Mission in Saudi Arabia, and he became the director of aerospace op- Air Force leader. Headquarters Allied Air Forces South- erations. General Chandler continued On behalf of Congress and the United ern Europe. to demonstrate excellence and was se- States of America, I thank General General Chandler grew up in lected for promotion to lieutenant gen- Chandler, his wife Eva-Marie, and their Carthage, MS. He entered the Air eral and selected to command Alaskan three children, Carl, Rose-Marie, and Force in 1974 after graduating from the Command, Alaskan North American Thomas, for their commitment, sac- U.S. Air Force Academy. Following Aerospace Defense Command Region, rifice, and contribution to this great graduation, he attended undergraduate 11th Air Force and Joint Task Force, Nation. I congratulate General Chan- pilot training at Laughlin AFB, TX. He Elmendorf Air Force Base, AK. Fol- dler on the completion of an exemplary excelled throughout his training and lowing this assignment, he returned to Active-Duty career and wish him and after earning his wings was selected to Washington, DC, to lead as the deputy his family Godspeed in the next phase chief of staff for operations, plans and remain at Laughlin AFB to teach fu- of his life.∑ ture pilots as a T–38 instructor pilot requirements, Headquarters U.S. Air and flight examiner. He continued as Force. general Chandler was selected f an instructor pilot and assistant oper- for the rank of general and asked to re- MESSAGES FROM THE PRESIDENT ations officers at Randolph Air Force turn once again to the Pacific theater to command the Pacific Air Forces at Messages from the President of the Base, TX. Then, as a testament to Cap- United States were communicated to tain Chandler’s achievements as a T–38 Hickam Air Force Base, HI. Finally, he was selected to become the second the Senate by Mrs. Neiman, one of his instructor pilot, he was selected to fly secretaries. the Air Force’s premier air superiority highest ranking officer in the Air fighter, the F–15 Eagle. Stationed at Force as the Vice Chief of Staff of the f Kadena Air Base, Japan with the 67th Air Force, where he has served for over EXECUTIVE MESSAGES REFERRED Tactical Fighter Squadron, he contin- a year. Under General Chandler’s leadership, As in executive session the Presiding ued to shine in the air and on the Officer laid before the Senate messages ground as a squadron standardization the Air Force handled some of our most challenging issues, including the from the President of the United officer, flight commander, and wing $40 billion KC–X acquisition program, States submitting sundry nominations flight examiner. His prowess in the air creation of Air Force Cyber Command, which were referred to the appropriate earned him a selection to become the force structure realignment, and cre- committees. chief of Air-to-Air Tactics Branch at ation of Air Force Global Strike Com- (The nominations received today are Headquarters Pacific Air Forces, mand. Finally, General Chandler led printed at the end of the Senate pro- Hickam Air Force Base, HI. His talents the drive for what I consider the Air ceedings.) were quickly realized, and he was se- Force’s most pressing issue: recapital- lected to become the aide-de-camp to f ization. Through General Chandler’s the commander-in-chief of U.C. Pacific leadership, the Air Force secured a REPORT OF THE APPORTIONMENT Command at Camp H.M. Smith, HI, and budget of $1.7 billion for bomber and POPULATION FOR EACH STATE then the Air Force aide to the Chair- air-to-ground weapons, acquired $8.2 AS OF APRIL 1, 2010, AND THE man of the Joint Chiefs of Staff, the billion for fighter and munitions pro- NUMBER OF REPRESENTATIVES Pentagon, Washington, DC, positions grams, and laid the foundation for $200 TO WHICH EACH STATE WOULD for which only the elite are selected. million in supplemental munitions BE ENTITLED—PM 1 Following his assignment at the Pen- funding. The leadership, insight, and The PRESIDING OFFICER laid be- tagon, he was once again stationed at dedication of General Chandler have fore the Senate the following message Kadena, where he flourished at every been instrumental in building lasting from the President of the United position he held: assistant operations and trusting relationships with the States, together with an accompanying officer of the 44th Tactical Fighter U.S. Congress, resulting in an overall report; which was referred to the Com- Squadron, chief of standardization and increase in U.S. national security. mittee on Homeland Security and Gov- evaluation, operations officer of the The breadth and depth of General ernmental Affairs: 67th Tactical Fighter Squadron, and Chandler’s assignments and the profes- commander of the 44th Fighter Squad- sionalism with which he has carried To the Congress of the United States: ron. Having demonstrated his impec- them out reflect a keen intellect, an Pursuant to title 2, United States cable leadership, he was selected to be unwavering dedication to the Air Force Code, section 2a(a), I transmit herewith the chief of the Operations Inspection mission, and an unrivaled grasp of na- the statement showing the apportion- Division at Headquarters Pacific Air tional security policies developed ment population for each State as of Forces at Hickam Air Force Base, HI, through both personal experience and April 1, 2010, and the number of Rep- and then he deployed to Riyadh, Saudi academic instruction. General Chan- resentatives to which each State would Arabia, as the chief of Air Force Divi- dler earned a master’s degree in man- be entitled. sion, U.S. Central Command Forward, agement, attended the Executive Pro- BARACK OBAMA. from 1992 to 1994. gram for General Officers at the John THE WHITE HOUSE, January 5, 2011. In 1994, Colonel Chandler was se- F. Kennedy School of Government at f lected for back-to-back-to-back com- Harvard, and the Navy Senior Leader MESSAGES FROM THE HOUSE SUB- mands, commanding the 554th Support Business Course at the University of Group at Nellis Air Force Base, NV, SEQUENT TO SINE DIE ADJOURN- North Carolina at Chapel Hill. While he MENT the 33rd Fighter Wing at Eglin Air has received many distinguished Force Base, FL, and the 56th Fighter awards and decorations, it is General ENROLLED BILLS SIGNED Wing at Luke Air Force Base, AZ. Now, Chandler’s commitment and sacrifice Under authority of the order of the Brigadier General Chandler was se- to this Nation that make him stand Senate of January 6, 2009, the Sec- lected to become the chief of head- out among his peers. retary of the Senate, on December 23, quarters staff followed by assistant I have the utmost trust in and re- 2010, subsequent to the sine die ad- chief of staff for operations, A–3 Divi- spect for General Chandler, gained over journment of the Senate, received a

VerDate Mar 15 2010 03:55 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.012 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S62 CONGRESSIONAL RECORD — SENATE January 5, 2011 message from the House of Representa- H.R. 2751. An act to amend the Federal S. Res. 10. A resolution to improve the de- tives announcing that the Speaker has Food, Drug, and Cosmetic Act with respect bate and consideration of legislative matters signed the following enrolled bills: to the safety of the food supply. and nominations in the Senate. H.R. 5809. An act to amend the Energy Pol- S. Res. 11. A resolution to establish as a S. 3903. An act to authorize leases of up to icy Act of 2005 to reauthorize and modify standing order of the Senate that a Senator 99 years for lands held in trust for Ohkay provisions relating to the diesel emissions publicly disclose a notice of intent to object- Owingeh Pueblo. reduction program. S. 3481. An act to amend the Federal Water ing to any measure or matter. H.R. 5901. An act to amend the Internal Pollution Control Act to clarify Federal re- f Revenue Code of 1986 to authorize the tax sponsibility for stormwater pollution. S. 4036. An act to clarify the National court to appoint employees. ENROLLED BILLS PRESENTED H.R. 6517. An act to extend trade adjust- Credit Union Administration authority to SUBSEQUENT TO SINE DIE AD- ment assistance and certain trade preference make stabilization fund expenditures with- JOURNMENT programs, to amend the Harmonized Tariff out borrowing from the Treasury. The Secretary of the Senate reported S. 4058. An act to extend certain expiring Schedule of the United States to modify provisions providing enhanced protections temporarily certain rates of duty, and for that, subsequent to the sine die ad- for servicemembers relating to mortgages other purposes. journment of the Senate, she had pre- and mortgage foreclosures. H.R. 6523. An act to authorize appropria- sented to the President of the United tions for fiscal year 2011 for military activi- States the following enrolled bills: The enrolled bills were subsequently ties of the Department of Defense, for mili- signed by the Acting President pro tary construction, and for defense activities On December 23, 2010: tempore (Mrs. LINCOLN). of the Department of Energy, to prescribe S. 4058. An act to extend certain expiring Under authority of the order of the military personnel strengths for such fiscal provisions providing enhanced protections Senate of January 6, 2009, the Sec- year, and for other purposes. for servicemembers relating to mortgages retary of the Senate, subsequent to the The enrolled bills were subsequently and mortgage foreclosure. sine die adjournment of the Senate, re- signed by the Acting President pro On December 27, 2010: ceived a message from the House of tempore (Mr. WEBB). S. 118. An act to amend section 202 of the Housing Act of 1959, to improve the program Representatives announcing that pur- f suant to section 491 of the High Edu- under such section for supportive housing for cation Act (20 U.S.C. 1098(c)), as amend- MESSAGE FROM THE HOUSE the elderly, and for other purposes. ed, and the order of the House of Janu- At 4:23 p.m., a message from the S. 841. An act to direct the Secretary of ary 6, 2009, the Speaker appoints the House of Representatives, delivered by Transportation to study and establish a motor vehicle safety standard that provides following member on the part of the Mrs. Cole, one of its reading clerks, an- for means of alerting blind and other pedes- House of Representatives to the Advi- nounced that the House has agreed to trians of motor vehicle operation. sory Committee on Student Financial H. Res. 1, resolving that Karen L. Haas S. 1481. An act to amend section 811 of the Assistance for a term of 4 years, upon of the State of Maryland, be, and is Cranston-Gonzalez National Affordable the recommendation of the Majority hereby, chosen Clerk of the House of Housing Act to improve the program under Leader: Ms. Deborah Stanley of Bowie Representatives, and that Wilson S. such section for supportive housing for per- Maryland. Livingood of the Commonwealth of sons with disabilities. The message also announced that Virginia, be, and is hereby, chosen Ser- S. 3036. An act to establish the National Alzheimer’s Project. pursuant to section 205(a) of the Viet- geant-at-Arms of the House of Rep- nam Education Foundation Act of 2000 S. 3243. An act to require U.S. Customs and resentatives, and that Daniel J. Border Protection to administer polygraph (Public Law 106–554), and the order of Strodel of the District of Columbia, be, examinations to all applicants for law en- the House of January 6, 2009, the and is hereby, chosen Chief Adminis- forcement positions with U.S. Customs and Speaker appoints the following Mem- trative Officer of the House of Rep- Border Protection, to require U.S. Customs ber of the House of Representatives to resentatives, and that Father Daniel P. and Border Protection to initiate all periodic the Board of Directors of the Vietnam Coughlin of the State of Illinois, be, background reinvestigations of certain law Education Foundation, upon the rec- and is hereby, chosen Chaplain of the enforcement personnel, and for other pur- ommendation of the Majority Leader: poses. House of Representatives. S. 3447. An act to amend title 38, United Ms. LORETTA SANCHEZ of California. The message also announced that the The message further announced that States Code, to improve educational assist- House has agreed to H. Res. 2, resolving ance for veterans who served in the Armed pursuant to section 106 of the Higher that the Senate be informed that a Forces after September 11, 2001, and for other Education Opportunity Act (Public quorum of the House of Representa- purposes. Law 110–315) and the order of the House tives has assembled, that JOHN A. S. 3481. An act to amend the Federal Water of January 6, 2009, the Speaker ap- BOEHNER, a Representative from the Pollution Control Act to clarify Federal re- points the following member of the State of Ohio, has been elected Speak- sponsibility for stormwater pollution. House of Representatives to the Na- S. 3592. An act to designate the facility of er, and Karen L. Haas, a citizen of the the United States Postal Service located at tional Advisory Committee on Institu- State of Maryland, has been elected tional Quality and Integrity for a term 100 Commerce Drive in Tyrone, Georgia, as Clerk of the House of Representatives the ‘‘First Lieutenant Robert Wilson Collins of 6 years, upon the recommendation of of the One Hundred Twelfth Congress. Post Office Building’’. the Majority Leader: Dr. George T. The message further announced that S. 3874. An act to amend the Safe Drinking French of Fairfield, Alabama. pursuant to House Resolution 3, the Water Act to reduce lead in drinking water. ENROLLED BILLS SIGNED Speaker appoints the following Mem- S. 3903. An act to authorize leases of up to Under authority of the order of the bers of the House of Representatives to 99 years for lands held in trust for Ohkay Senate of January 6, 2009, the Sec- join a committee on the part of the Owingeh Pueblo. retary of the Senate, on December 23, S. 4036. An act to clarify the National Senate to notify the President of the Credit Union Administration authority to 2010, subsequent to the sine die ad- United States that a quorum of each make stabilization fund expenditures with- journment of the Senate, received a House has assembled and that Congress out borrowing from the Treasury. message from the House of Representa- is ready to receive any communication f tives announcing that the Speaker has that he may be pleased to make: Mr. signed the following enrolled bills: CANTOR of Virginia and Ms. PELOSI of EXECUTIVE AND OTHER H.R. 847. An act to amend the Public California. COMMUNICATIONS Health Service Act to extend and improve f The following communications were protections and services to individuals di- laid before the Senate, together with rectly impacted by the terrorist attack in MEASURES HELD OVER/UNDER accompanying papers, reports, and doc- New York City on September 11, 2001, and for RULE other purposes. uments, and were referred as indicated: H.R. 2142. An act to require quarterly per- The following resolutions were read, EC–1. A communication from the Deputy formance assessments of Government pro- and held over, under the rule: to the Chairman, Federal Deposit Insurance grams for purposes of assessing agency per- S. Res. 8. A resolution amending the Corporation, transmitting, pursuant to law, formance and improvement, and to establish Standing Rules of the Senate to provide for the report of a rule entitled ‘‘Designated Re- agency performance improvement officers cloture to be invoked with less than a three- serve Ratio’’ (RIN3064–AD69) received during and the Performance Improvement Council. fifths majority after additional debate. adjournment of the Senate in the Office of

VerDate Mar 15 2010 02:46 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A05JA6.077 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE January 5, 2011 CONGRESSIONAL RECORD — SENATE S63 the President of the Senate on January 4, titled ‘‘Action to Ensure Authority to Issue EC–17. A communication from the Director 2011; to the Committee on Banking, Housing, Permits under the Prevention of Significant of the Regulatory Management Division, Of- and Urban Affairs. Deterioration Program to Sources of Green- fice of Policy, Economics, and Innovation, EC–2. A communication from the Deputy house Gas Emissions: Federal Implementa- Environmental Protection Agency, transmit- to the Chairman, Federal Deposit Insurance tion Plan’’ (FRL No. 9245–3) received during ting, pursuant to law, the report of a rule en- Corporation, transmitting, pursuant to law, adjournment of the Senate in the Office of titled ‘‘Action to Ensure Authority to Issue the report of a rule entitled ‘‘Community Re- the President of the Senate on January 4, Permits under the Prevention of Significant investment Act Regulations’’ (RIN3064–AD68) 2011; to the Committee on Environment and Deterioration Program to Sources of Green- received during adjournment of the Senate Public Works. house Gas Emissions: Finding of Failure to in the Office of the President of the Senate EC–11. A communication from the Director Submit State Implementation Plan Revi- on January 4, 2011; to the Committee on of the Regulatory Management Division, Of- sions Required for Greenhouse Gases’’ (FRL Banking, Housing, and Urban Affairs. fice of Policy, Economics, and Innovation, No. 9244–7) received during adjournment of EC–3. A communication from the Chair- Environmental Protection Agency, transmit- the Senate in the Office of the President of man and President of the Export-Import ting, pursuant to law, the report of a rule en- the Senate on January 4, 2011; to the Com- Bank, transmitting, pursuant to law, a re- titled ‘‘Limitation of Approval of Prevention mittee on Environment and Public Works. port relative to transactions involving U.S. of Significant Deterioration Provisions Con- exports to Colombia; to the Committee on cerning Greenhouse Gas-Emitting Sources in f Banking, Housing, and Urban Affairs. State Implementation Plans; Final Rule’’ EC–4. A communication from the Chair- (FRL No. 9244–9) received during adjourn- man and President of the Export-Import ment of the Senate in the Office of the Presi- SUBMISSION OF CONCURRENT AND Bank, transmitting, pursuant to law, a re- dent of the Senate on January 4, 2011; to the SENATE RESOLUTIONS port relative to transactions involving U.S. Committee on Environment and Public exports to South Korea; to the Committee on Works. The following concurrent resolutions Banking, Housing, and Urban Affairs. EC–12. A communication from the Director and Senate resolutions were read, and EC–5. A communication from the Chair- of the Regulatory Management Division, Of- referred (or acted upon), as indicated: fice of Policy, Economics, and Innovation, man and President of the Export-Import By Mr. REID of Nevada (for himself Bank, transmitting, pursuant to law, a re- Environmental Protection Agency, transmit- and Mr. MCCONNELL): port relative to transactions involving U.S. ting, pursuant to law, the report of a rule en- S. Res. 1. A resolution informing the Presi- exports to the Kingdom of the Netherlands; titled ‘‘Determinations Concerning Need for dent of the United States that a quorum of to the Committee on Banking, Housing, and Error Correction, Partial Approval and Par- each House is assembled; considered and Urban Affairs. tial Disapproval, and Federal Implementa- agreed to. EC–6. A communication from the Director tion Plan Regarding Texas Prevention of By Mr. REID of Nevada (for himself of the Regulatory Management Division, Of- Significant Deterioration Program’’ (FRL and Mr. MCCONNELL): fice of Policy, Economics, and Innovation, No. 9245–2) received during adjournment of Environmental Protection Agency, transmit- the Senate in the Office of the President of S. Res. 2. A resolution informing the House ting, pursuant to law, the report of a rule en- the Senate on January 4, 2011; to the Com- of Representatives that a quorum of the Sen- titled ‘‘Notice of Prevention of Significant mittee on Environment and Public Works. ate is assembled; considered and agreed to. Deterioration Final Determination for Rus- EC–13. A communication from the Director By Mr. REID of Nevada (for himself sell City Energy’’ (FRL No. 9245–9) received of the Regulatory Management Division, Of- and Mr. MCCONNELL): during adjournment of the Senate in the Of- fice of Policy, Economics, and Innovation, S. Res. 3. A resolution fixing the hour of Environmental Protection Agency, transmit- fice of the President of the Senate on Janu- daily meeting of the Senate; considered and ting, pursuant to law, the report of a rule en- ary 4, 2011; to the Committee on Environ- agreed to. titled ‘‘Action to Ensure Authority to Imple- ment and Public Works. By Mr. REID of Nevada (for himself, EC–7. A communication from the Director ment Title V Permitting Programs under the Mr. MCCONNELL, Mr. CARDIN, Mr. of the Regulatory Management Division, Of- Greenhouse Gas Tailoring Rule’’ (FRL No. AKAKA, Mr. ALEXANDER, Ms. AYOTTE, fice of Policy, Economics, and Innovation, 9245-4) received during adjournment of the Mr. BARRASSO, Mr. BAUCUS, Mr. Environmental Protection Agency, transmit- Senate in the Office of the President of the BEGICH, Mr. BENNET, Mr. BINGAMAN, Senate on January 4, 2011; to the Committee ting, pursuant to law, the report of a rule en- Mr. BLUMENTHAL, Mr. BLUNT, Mr. on Environment and Public Works. titled ‘‘Approval and Promulgation of Imple- BOOZMAN, Mrs. BOXER, Mr. BROWN of EC–14. A communication from the Director Massachusetts, Mr. BROWN of Ohio, mentation Plans; Texas; Emissions Banking of the Regulatory Management Division, Of- and Trading of Allowances Program’’ (FRL Mr. BURR, Ms. CANTWELL, Mr. CAR- fice of Policy, Economics, and Innovation, PER, Mr. CASEY, Mr. CHAMBLISS, Mr. No. 9246–3) received during adjournment of Environmental Protection Agency, transmit- the Senate in the Office of the President of COATS, Mr. COBURN, Mr. COCHRAN, Ms. ting, pursuant to law, the report of a rule en- COLLINS, Mr. CONRAD, Mr. COONS, Mr. the Senate on January 4, 2011; to the Com- titled ‘‘Approval and Promulgation of Imple- mittee on Environment and Public Works. CORKER, Mr. CORNYN, Mr. CRAPO, Mr. mentation Plans; Mississippi: Prevention of DEMINT, Mr. DURBIN, Mr. ENSIGN, Mr. EC–8. A communication from the Director Significant Deterioration; Gas Tailoring ENZI, Mrs. FEINSTEIN, Mr. FRANKEN, of the Regulatory Management Division, Of- Rule Revision’’ (FRL No. 9244–4) received Mrs. GILLIBRAND, Mr. GRAHAM, Mr. fice of Policy, Economics, and Innovation, during adjournment of the Senate in the Of- GRASSLEY, Mrs. HAGAN, Mr. HARKIN, Environmental Protection Agency, transmit- fice of the President of the Senate on Janu- Mr. HATCH, Mr. HOEVEN, Mrs. ting, pursuant to law, the report of a rule en- ary 4, 2011; to the Committee on Environ- HUTCHISON, Mr. INHOFE, Mr. INOUYE, titled ‘‘Approval and Promulgation of Air ment and Public Works. Mr. ISAKSON, Mr. JOHANNS, Mr. JOHN- Quality Implementation Plans; Montana; At- EC–15. A communication from the Director SON of Wisconsin, Mr. JOHNSON of tainment Plan for Libby, MT PM2.5 Non- of the Regulatory Management Division, Of- South Dakota, Mr. KERRY, Mr. KIRK, attainment Area and PM10 State Implemen- fice of Policy, Economics, and Innovation, tation Plan Revisions’’ (FRL No. 9246–4) re- Environmental Protection Agency, transmit- Ms. KLOBUCHAR, Mr. KOHL, Mr. KYL, ceived during adjournment of the Senate in ting, pursuant to law, the report of a rule en- Ms. LANDRIEU, Mr. LAUTENBERG, Mr. the Office of the President of the Senate on titled ‘‘Approval and Promulgation of Imple- LEAHY, Mr. LEE, Mr. LEVIN, Mr. January 4, 2011; to the Committee on Envi- mentation Plans; Alabama: Prevention of LIEBERMAN, Mr. LUGAR, Mr. MANCHIN, ronment and Public Works. Significant Deterioration; Greenhouse Gas Mr. MCCAIN, Mrs. MCCASKILL, Mr. EC–9. A communication from the Director Tailoring Rule Revision’’ (FRL No. 9244–5) MENENDEZ, Mr. MERKLEY, Mr. MORAN, of the Regulatory Management Division, Of- received during adjournment of the Senate Ms. MURKOWSKI, Mrs. MURRAY, Mr. fice of Policy, Economics, and Innovation, in the Office of the President of the Senate NELSON of Nebraska, Mr. NELSON of Environmental Protection Agency, transmit- on January 4, 2011; to the Committee on En- Florida, Mr. PAUL, Mr. PORTMAN, Mr. ting, pursuant to law, the report of a rule en- vironment and Public Works. PRYOR, Mr. REED of Rhode Island, titled ‘‘Approval and Promulgation of State EC–16. A communication from the Director Mr. RISCH, Mr. ROBERTS, Mr. ROCKE- Plans for Designated Facilities and Pollut- of the Regulatory Management Division, Of- FELLER, Mr. RUBIO, Mr. SANDERS, Mr. ants; State of Florida; Control of Large Mu- fice of Policy, Economics, and Innovation, SCHUMER, Mr. SESSIONS, Mrs. nicipal Waste Combustor (LMWC) Emissions Environmental Protection Agency, transmit- SHAHEEN, Mr. SHELBY, Ms. SNOWE, From Existing Facilities’’ (FRL No. 9246–6) ting, pursuant to law, the report of a rule en- Ms. STABENOW, Mr. TESTER, Mr. received during adjournment of the Senate titled ‘‘Approval and Promulgation of Imple- THUNE, Mr. TOOMEY, Mr. UDALL of in the Office of the President of the Senate mentation Plans; Kentucky: Prevention of Colorado, Mr. UDALL of New Mexico, on January 4, 2011; to the Committee on En- Significant Deterioration; Greenhouse Gas Mr. VITTER, Mr. WARNER, Mr. WEBB, vironment and Public Works. Permitting Authority and Tailoring Rule Mr. WHITEHOUSE, Mr. WICKER, and EC–10. A communication from the Director Revision’’ (FRL No. 9244–6) received during Mr. WYDEN): of the Regulatory Management Division, Of- adjournment of the Senate in the Office of S. Res. 4. A resolution honoring Senator fice of Policy, Economics, and Innovation, the President of the Senate on January 4, Barbara Mikulski for becoming the longest- Environmental Protection Agency, transmit- 2011; to the Committee on Environment and serving female Senator in history; consid- ting, pursuant to law, the report of a rule en- Public Works. ered and agreed to.

VerDate Mar 15 2010 03:55 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A05JA6.079 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S64 CONGRESSIONAL RECORD — SENATE January 5, 2011 By Mr. REID of Nevada: SUBMITTED RESOLUTIONS Mr. KOHL, Mr. KYL, Ms. LANDRIEU, Mr. S. Res. 5. A resolution electing Gary B. LAUTENBERG, Mr. LEAHY, Mr. LEE, Mr. Myrick, of Virginia, as Secretary for the Ma- LEVIN, Mr. LIEBERMAN, Mr. LUGAR, Mr. jority of the Senate; considered and agreed SENATE RESOLUTION 1—INFORM- MANCHIN, Mr. MCCAIN, Mrs. MCCASKILL, to. ING THE PRESIDENT OF THE Mr. MENENDEZ, Mr. MERKLEY, Mr. By Mr. REID of Nevada (for himself UNITED STATES THAT A MORAN, Ms. MURKOWSKI, Mrs. MURRAY, and Mr. MCCONNELL): QUORUM OF EACH HOUSE IS AS- Mr. NELSON of Nebraska, Mr. NELSON of S. Res. 6. A resolution to make effective SEMBLED Florida, Mr. PAUL, Mr. PORTMAN, Mr. appointment of Senate Legal Counsel; con- Mr. REID of Nevada (for himself and PRYOR, Mr. REED of Rhode Island, Mr. sidered and agreed to. Mr. MCCONNELL) submitted the fol- RISCH, Mr. ROBERTS, Mr. ROCKEFELLER, By Mr. REID of Nevada (for himself lowing resolution; which was consid- Mr. RUBIO, Mr. SANDERS, Mr. SCHUMER, and Mr. MCCONNELL): ered and agreed to: Mr. SESSIONS, Mrs. SHAHEEN, Mr. SHEL- S. Res. 7. A resolution to make effective S. RES. 1 BY, Ms. SNOWE, Ms. STABENOW, Mr. appointment of Deputy Senate Legal Coun- Resolved, That a committee consisting of TESTER, Mr. THUNE, Mr. TOOMEY, Mr. sel; considered and agreed to. two Senators be appointed to join such com- UDALL of Colorado, Mr. UDALL of New By Mr. HARKIN (for himself, Mr. DUR- mittee as may be appointed by the House of Mexico, Mr. VITTER, Mr. WARNER, Mr. BIN, Ms. MIKULSKI, and Mrs. Representatives to wait upon the President WEBB, Mr. WHITEHOUSE, Mr. WICKER, SHAHEEN): of the United States and inform him that a and Mr. WYDEN) submitted the fol- S. Res. 8. A resolution amending the quorum of each House is assembled and that lowing resolution; which was consid- Standing Rules of the Senate to provide for the Congress is ready to receive any commu- ered and agreed to: cloture to be invoked with less than a three- nication he may be pleased to make. S. RES. 4 fifths majority after additional debate; sub- f mitted and read. Whereas the Honorable Barbara Mikulski By Mr. LAUTENBERG (for himself, SENATE RESOLUTION 2—INFORM- has had a long and distinguished career as a Mr. DURBIN, Mrs. GILLIBRAND, and ING THE HOUSE OF REPRESENT- United States Senator from the State of Mr. MENENDEZ): ATIVES THAT A QUORUM OF THE Maryland; Whereas Senator Mikulski was first elect- S. Res. 9. A resolution to permit the Sen- SENATE IS ASSEMBLED ed to the United States Congress as a mem- ate to avoid unnecessary delay and vote on Mr. REID of Nevada (for himself and ber of the House of Representatives in 1976, matters for which floor debate has ceased; to Mr. MCCONNELL) submitted the fol- where she served until winning election to the Committee on Rules and Administration. lowing resolution; which was consid- the Senate in 1986; By Mr. UDALL of New Mexico (for ered and agreed to: Whereas Senator Mikulski is the first himself, Mr. HARKIN, Mr. MERKLEY, woman to be elected to statewide office in S. RES. 2 Mr. DURBIN, Ms. KLOBUCHAR, Mr. Maryland; BROWN of Ohio, Mr. BEGICH, Mr. Resolved, That the Secretary inform the Whereas, in the 103rd Congress, Senator BLUMENTHAL, Mrs. GILLIBRAND, Mrs. House of Representatives that a quorum of Mikulski was the first woman to be elected SHAHEEN, Mrs. BOXER, Mr. TESTER, the Senate is assembled and that the Senate Assistant Senate Democratic Floor Leader; Mr. CARDIN, Ms. MIKULSKI, Mr. WAR- is ready to proceed to business. Whereas Senator Mikulski was the first NER, Mr. MANCHIN, Mr. COONS, Ms. f woman in the Senate Democratic Leader- STABENOW, Mrs. HAGAN, Mr. ROCKE- ship, serving as Secretary of the Senate FELLER, Mr. CASEY, Mr. WHITEHOUSE, SENATE RESOLUTION 3—FIXING Democratic Conference in the 104th through Mr. LAUTENBERG, Mr. FRANKEN, and THE HOUR OF DAILY MEETING the 108th Congresses; Mr. UDALL of Colorado): OF THE SENATE Whereas in 1997, Senator Mikulski became the most senior woman serving in the Sen- S. Res. 10. A resolution to improve the de- Mr. REID of Nevada (for himself and bate and consideration of legislative matters ate; and nominations in the Senate; submitted Mr. MCCONNELL) submitted the fol- Whereas Senator Mikulski is the first and read. lowing resolution; which was consid- woman to serve on the Appropriations Com- By Mr. WYDEN (for himself, Mr. ered and agreed to: mittee of the Senate and the first woman to GRASSLEY, Mrs. MCCASKILL, Ms. COL- S. RES. 3 chair the Appropriations Committee’s Sub- committee on Commerce, Justice, Science, LINS, Mrs. GILLIBRAND, Mr. BROWN of Resolved, That the daily meeting of the Ohio, Mrs. MURRAY, Mr. DURBIN, Ms. Senate be 12 o’clock meridian unless other- and Related Agencies; KLOBUCHAR, Mrs. SHAHEEN, Mr. wise ordered. Whereas Senator Mikulski has not only UDALL of Colorado, Mr. WHITEHOUSE, had a path breaking career, but has won the Mr. BINGAMAN, and Mr. MANCHIN): f admiration and respect of colleagues on both SENATE RESOLUTION 4—HONORING sides of the aisle for her hard work, pas- S. Res. 11. A resolution to establish as a sionate and effective advocacy, commitment standing order of the Senate that a Senator SENATOR BARBARA MIKULSKI to social and economic justice, and willing- publicly disclose a notice of intent to object- FOR BECOMING THE LONGEST- ness to serve as a mentor and role model to ing to any measure or matter; submitted and SERVING FEMALE SENATOR IN other senators; and read. HISTORY Whereas Senator Mikulski has now sur- By Mr. UDALL of Colorado (for him- Mr. REID of Nevada (for himself, Mr. passed the record of former Senator Mar- self, Mr. DURBIN, and Mrs. SHAHEEN): garet Chase Smith as the longest serving fe- MCCONNELL, Mr. CARDIN, Mr. AKAKA, S. Res. 12. A resolution to amend the male Senator in the history of the United Mr. ALEXANDER, Ms. AYOTTE, Mr. Standing Rules of the Senate to reform the States: Now, therefore, be it filibuster rules to improve the daily process BARRASSO, Mr. BAUCUS, Mr. BEGICH, Resolved, That the Senate recognizes and of the Senate; to the Committee on Rules Mr. BENNET, Mr. BINGAMAN, Mr. honors Senator Barbara Mikulski for becom- and Administration. BLUMENTHAL, Mr. BLUNT, Mr. BOOZMAN, ing the longest-serving female Senator in By Mr. FRANKEN: Mrs. BOXER, Mr. BROWN of Massachu- history. S. Res. 13. A bill to require a two-fifths setts, Mr. BROWN of Ohio, Mr. BURR, threshold to sustain a filibuster; to the Com- Ms. CANTWELL, Mr. CARPER, Mr. CASEY, f mittee on Rules and Administration. Mr. CHAMBLISS, Mr. COATS, Mr. By Mr. REID of Nevada: COBURN, Mr. COCHRAN, MS. COLLINS, SENATE RESOLUTION 5—ELECTING S. Con. Res. 1. A concurrent resolution pro- MR. CONRAD, Mr. COONS, Mr. CORKER, GARY B. MYRICK, OF VIRGINIA, viding for a conditional recess or adjourn- Mr. CORNYN, Mr. CRAPO, Mr. DEMINT, AS SECRETARY FOR THE MAJOR- ment of the Senate and an adjournment of Mr. DURBIN, Mr. ENSIGN, Mr. ENZI, Mrs. ITY OF THE SENATE the House of Representatives; considered and FEINSTEIN, Mr. FRANKEN, Mrs. agreed to. GILLIBRAND, Mr. GRAHAM, Mr. GRASS- Mr. REID of Nevada submitted the By Mr. KERRY: LEY, Mrs. HAGAN, Mr. HARKIN, Mr. following resolution; which was consid- ered and agreed to: S. Con. Res. 2. A concurrent resolution au- HATCH, Mr. HOEVEN, Mrs. HUTCHISON, thorizing the use of the rotunda of the Cap- Mr. INHOFE, Mr. INOUYE, Mr. ISAKSON, S. RES. 5 itol for an event marking the 50th anniver- Mr. JOHANNS, Mr. JOHNSON of Wis- Resolved, That Gary B. Myrick of Virginia sary of the inaugural address of President consin, Mr. JOHNSON of South Dakota, be, and he is hereby, elected Secretary for John F. Kennedy; considered and agreed to. Mr. KERRY, Mr. KIRK, Ms. KLOBUCHAR, the Majority of the Senate.

VerDate Mar 15 2010 02:46 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A05JA6.081 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE January 5, 2011 CONGRESSIONAL RECORD — SENATE S65 SENATE RESOLUTION 6—TO MAKE ure, motion, or other matter pending before ‘‘(2) Such subsequent motions shall be EFFECTIVE APPOINTMENT OF the Senate, or the unfinished business, the made in the manner provided by, and subject SENATE LEGAL COUNSEL amendments thereto, and motions affecting to the provisions of, subparagraph (a), except the same, and it shall be the duty of the Pre- that the affirmative vote required to bring Mr. REID of Nevada (for himself and siding Officer to keep the time of each Sen- to a close debate upon that measure, motion, Mr. MCCONNELL) submitted the fol- ator who speaks. Except by unanimous con- or other matter, or unfinished business lowing resolution; which was consid- sent, no amendment shall be proposed after (other than a measure or motion to amend ered and agreed to: the vote to bring the debate to a close, un- Senate rules) shall be reduced by three votes less it had been submitted in writing to the on the second such motion, and by three ad- S. RES. 6 Journal Clerk by 1 o’clock p.m. on the day ditional votes on each succeeding motion, That the appointment of Morgan J. following the filing of the cloture motion if until the affirmative vote is reduced to a Frankel of the District of Columbia to be an amendment in the first degree, and unless number equal to or less than an affirmative Senate Legal Counsel, made by the President it had been so submitted at least one hour vote of a majority of the Senators duly cho- pro tempore this day, shall become effective prior to the beginning of the cloture vote if sen and sworn. The required vote shall then as of January 7, 2011, and the term of service an amendment in the second degree. No dila- be an affirmative vote of a majority of the of the appointee shall expire at the end of tory motion, or dilatory amendment, or Senators duly chosen and sworn. The re- the One Hundred Thirteenth Congress. amendment not germane shall be in order. quirement of an affirmative vote of a major- f Points of order, including questions of rel- ity of the Senators duly chosen and sworn evancy, and appeals from the decision of the SENATE RESOLUTION 7—TO MAKE shall not be further reduced upon any vote Presiding Officer, shall be decided without taken on any later motion made pursuant to EFFECTIVE APPOINTMENT OF debate. this subparagraph with respect to that meas- DEPUTY SENATE LEGAL COUN- ‘‘After no more than thirty hours of con- ure, motion, matter, or unfinished busi- SEL sideration of the measure, motion, or other ness.’’. matter on which cloture has been invoked, Mr. REID of Nevada (for himself and SEC. 2. SPECIAL CONSIDERATION OF AMEND- the Senate shall proceed, without any fur- MENTS POSTCLOTURE. Mr. MCCONNELL) submitted the fol- ther debate on any question, to vote on the lowing resolution; which was consid- final disposition thereof to the exclusion of Paragraph 2 of rule XXII of the Standing ered and agreed to: all amendments not then actually pending Rules of the Senate is amended by inserting at the end the following: S. RES. 7 before the Senate at that time and to the ex- ‘‘After debate has concluded under this That the appointment of Patricia Mack clusion of all motions, except a motion to paragraph but prior to final disposition of Bryan of Virginia to be Deputy Senate Legal table, or to reconsider and one quorum call the pending matter, the Majority Leader and Counsel, made by the President pro tempore on demand to establish the presence of a the Minority Leader may each offer not to this day, shall become effective as of Janu- quorum (and motions required to establish a exceed 3 amendments identified as leadership ary 3, 2011, and the term of service of the ap- quorum) immediately before the final vote amendments if they have been timely filed pointee shall expire at the end of the One begins. The thirty hours may be increased by under this paragraph and are germane to the Hundred Thirteenth Congress. the adoption of a motion, decided without debate, by a three-fifths affirmative vote of matter being amended. Debate on a leader- f the Senators duly chosen and sworn, and any ship amendment shall be limited to 1 hour SENATE RESOLUTION 8—AMEND- such time thus agreed upon shall be equally equally divided. A leadership amendment ING THE STANDING RULES OF divided between and controlled by the major- may not be divided.’’. THE SENATE TO PROVIDE FOR ity and minority leaders or their designees. However, only one motion to extend time, f CLOTURE TO BE INVOKED WITH specified above, may be made in any one cal- LESS THAN A THREE-FIFTHS endar day. MAJORITY AFTER ADDITIONAL ‘‘If, for any reason, a measure or matter is SENATE RESOLUTION 9—TO PER- DEBATE reprinted after cloture has been invoked, MIT THE SENATE TO AVOID UN- amendments which were in order prior to the NECESSARY DELAY AND VOTE Mr. HARKIN (for himself, Mr. DUR- reprinting of the measure or matter will con- ON MATTERS FOR WHICH FLOOR BIN, Ms. MIKULSKI, and Mrs. SHAHEEN) tinue to be in order and may be conformed DEBATE HAS CEASED submitted the following resolution; and reprinted at the request of the amend- which was submitted and read: ment’s sponsor. The conforming changes Mr. LAUTENBERG (for himself, Mr. S. RES. 8 must be limited to lineation and pagination. DURBIN, Mrs. GILLIBRAND, and Mr. ‘‘No Senator shall call up more than two Resolved, MENENDEZ) submitted the following amendments until every other Senator shall resolution; which was referred to the SECTION 1. SENATE CLOTURE MODIFICATION. have had the opportunity to do likewise. Paragraph 2 of rule XXII of the Standing ‘‘Notwithstanding other provisions of this Committee on Rules and Administra- Rules of the Senate is amended to read as rule, a Senator may yield all or part of his tion: follows: one hour to the majority or minority floor S. RES. 9 ‘‘2. (a) Notwithstanding the provisions of managers of the measure, motion, or matter rule II or rule IV or any other rule of the or to the majority or minority leader, but Resolved, Senate, at any time a motion signed by six- each Senator specified shall not have more SECTION 1. AMENDMENT TO THE STANDING teen Senators, to bring to a close the debate than two hours so yielded to him and may in RULES OF THE SENATE. upon any measure, motion, other matter turn yield such time to other Senators. pending before the Senate, or the unfinished Paragraph 2 of rule XXII of the Standing ‘‘Notwithstanding any other provision of Rules of the Senate is amended by— business, is presented to the Senate, the Pre- this rule, any Senator who has not used or siding Officer, or clerk at the direction of the (1) inserting after the second undesignated yielded at least ten minutes, is, if he seeks subparagraph the following: Presiding Officer, shall at once state the mo- recognition, guaranteed up to ten minutes, tion to the Senate, and one hour after the inclusive, to speak only. ‘‘Following the filing of the cloture motion Senate meets on the following calendar day ‘‘After cloture is invoked, the reading of and prior to the cloture vote, as long as the but one, he shall lay the motion before the any amendment, including House amend- matter on which cloture has been filed re- Senate and direct that the clerk call the roll, ments, shall be dispensed with when the pro- mains the pending matter— and upon the ascertainment that a quorum posed amendment has been identified and ‘‘(1) there shall be no dilatory motion, in- is present, the Presiding Officer shall, with- has been available in printed form at the cluding dilatory quorum calls, in order; and out debate, submit to the Senate by a yea- desk of the Members for not less than twen- ‘‘(2) if, at any time, no Senator seeks rec- and-nay vote the question: ‘Is it the sense of ty-four hours. ognition on the floor, it shall be in order for the Senate that the debate shall be brought ‘‘(b)(1) If, upon a vote taken on a motion the Majority Leader to put the question on to a close?’ And if that question shall be de- presented pursuant to subparagraph (a), the cloture as long as any applicable filing dead- cided in the affirmative by three-fifths of the Senate fails to invoke cloture with respect line for first degree amendments has Senators duly chosen and sworn—except on a to a measure, motion, or other matter pend- passed.’’; and measure or motion to amend the Senate ing before the Senate, or the unfinished busi- (2) inserting after the fifth undesignated rules, in which case the necessary affirma- ness, subsequent motions to bring debate to subparagraph (after the amendment by para- tive vote shall be two-thirds of the Senators a close may be made with respect to the graph (1)) the following: present and voting—then said measure, mo- same measure, motion, matter, or unfinished ‘‘If, at any time after cloture is invoked on tion, or other matter pending before the Sen- business. It shall not be in order to file sub- an executive nomination or a motion to pro- ate, or the unfinished business, shall be the sequent cloture motions on any measure, ceed, no Senator seeks recognition on the unfinished business. motion, or other matter pending before the floor, it shall be in order for the Majority ‘‘Thereafter no Senator shall be entitled to Senate, except by unanimous consent, until Leader to put the question on which cloture speak in all more than one hour on the meas- the previous motion has been disposed of. has been invoked.’’.

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POST CLOTURE DEBATE ON NOMINA- Public Law 110–81. Each section shall include DURBIN, Ms. KLOBUCHAR, Mr. BROWN of TIONS. The second undesignated paragraph of the name of each Senator filing a notice Ohio, Mr. BEGICH, Mr. BLUMENTHAL, paragraph 2 of rule XXII of the Standing under subsection (a)(2)(B), the measure or Mrs. GILLIBRAND, Mrs. SHAHEEN, Mrs. Rules of the Senate is amended by inserting matter covered by the calendar to which the BOXER, Mr. TESTER, Mr. CARDIN, Ms. at the end the following: ‘‘If the matter on notice of intent to object relates, and the MIKULSKI, Mr. WARNER, Mr. MANCHIN, which cloture is invoked is a nomination, date the notice of intent to object was filed. (c) REMOVAL.—A Senator may have a no- Mr. COONS, Ms. STABENOW, Mrs. HAGAN, the period of time for debate shall be 2 tice of intent to object relating to that Sen- hours.’’. Mr. ROCKEFELLER, Mr. CASEY, Mr. ator removed from a calendar to which it WHITEHOUSE, Mr. LAUTENBERG, Mr. f was added under subsection (b) by submit- FRANKEN, and Mr. UDALL of Colorado) SENATE RESOLUTION 11—TO ES- ting for inclusion in the Congressional submitted the following resolution; Record the following notice: TABLISH AS A STANDING ORDER which was submitted and read: ‘‘I, Senator lllll, do not object to OF THE SENATE THAT A SEN- , dated .’’ The first S. RES. 10 lllllll lllll ATOR PUBLICLY DISCLOSE A NO- blank shall be filled with the name of the Resolved, TICE OF INTENT TO OBJECTING Senator, the second blank shall be filled with SECTION 1. DEBATE ON MOTIONS TO PROCEED. TO ANY MEASURE OR MATTER the name of the covered request, the name of Rule VIII of the Standing Rules of the Sen- the measure or matter and, if applicable, the ate is amended by striking paragraph 2 and Mr. WYDEN (for himself, Mr. GRASS- calendar number, and the third blank shall inserting the following: LEY, Mrs. MCCASKILL, Ms. COLLINS, be filled with the date of the submission to ‘‘2. Debate on a motion to proceed to the Mrs. GILLIBRAND, Mr. BROWN of Ohio, the Congressional Record under this sub- consideration of any matter, and any debat- Mrs. MURRAY, Mr. DURBIN, Ms. section. able motion or appeal in connection there- KLOBUCHAR, Mrs. SHAHEEN, Mr. UDALL (d) OBJECTING ON BEHALF OF A MEMBER.—If with, shall be limited to not more than 2 of Colorado, Mr. WHITEHOUSE, Mr. a Senator who has notified his or her leader hours, to be equally divided between, and of an intent to object to a covered request BINGAMAN, and Mr. MANCHIN) sub- controlled by, the majority leader and the fails to submit a notice of intent to object minority leader or their designees except for mitted the following resolution; which under subsection (a)(2)(B) within 1 session a motion to go into executive session to con- was submitted and read: day following an objection to a covered re- sider a specified item of executive business S. RES. 11 quest by the leader or his or her designee on and a motion to proceed to consider any Resolved, that Senator’s behalf, the Legislative Clerk privileged matter, which shall not be debat- SECTION 1. ELIMINATING SECRET SENATE shall list the Senator who made the objec- able.’’. HOLDS. tion to the covered request in the applicable SEC. 2. ELIMINATING SECRET HOLDS. (a) IN GENERAL.— ‘‘Notice of Intent to Object to Proceeding’’ Rule VIII of the Standing Rules of the Sen- (1) COVERED REQUEST.—This standing order calendar section. ate is amended by inserting at the end the shall apply to a notice of intent to object to f following: the following covered requests: SENATE RESOLUTION 12—TO ‘‘3. No Senator may object on behalf of an- (A) A unanimous consent request to pro- other Senator without disclosing the name ceed to a bill, resolution, joint resolution, AMEND THE STANDING RULES of that Senator.’’. concurrent resolution, conference report, or OF THE SENATE TO REFORM SEC. 3. RIGHT TO OFFER AMENDMENTS. amendment between the Houses. THE FILIBUSTER RULES TO IM- Paragraph 2 of rule XXII of the Standing (B) A unanimous consent request to pass a PROVE THE DAILY PROCESS OF Rules of the Senate is amended by inserting bill or joint resolution or adopt a resolution, THE SENATE at the end the following: concurrent resolution, conference report, or Mr. UDALL of Colorado (for himself, ‘‘After debate has concluded under this the disposition of an amendment between paragraph but prior to final disposition of the Houses. Mr. DURBIN, and Mrs. SHAHEEN) sub- the pending matter, the Majority Leader and (C) A unanimous consent request for dis- mitted the following resolution; which the Minority Leader may each offer not to position of a nomination. was referred to the Committee on exceed 3 amendments identified as leadership (2) RECOGNITION OF NOTICE OF INTENT.—The Rules and Administration: amendments if they have been timely filed majority and minority leaders of the Senate S. RES. 12 under this paragraph and are germane to the or their designees shall recognize a notice of Whereas the Senate has operated under the matter being amended. Debate on a leader- intent to object to a covered request of a cloture rules for many decades; ship amendment shall be limited to 1 hour Senator who is a member of their caucus if Whereas there has been a marked increase equally divided. A leadership amendment the Senator— in the use of the filibuster in recent years; may not be divided.’’. (A) submits the notice of intent to object Whereas sweeping, monumental legislation SEC. 4. EXTENDED DEBATE. in writing to the appropriate leader and affecting economic recovery, reform of the Paragraph 2 of rule XXII of the Standing grants in the notice of intent to object per- healthcare system, reform of the financial Rules of the Senate is amended— mission for the leader or designee to object regulatory system, and many other initia- (1) by striking the second undesignated in the Senator’s name; and tives all were enacted in the 111th Congress paragraph and inserting the following: (B) not later than 1 session day after sub- after overcoming filibusters; ‘‘ ‘Is it the sense of the Senate that the de- mitting the notice of intent to object to the Whereas both parties have used the fili- bate shall be brought to a close?’ And if that appropriate leader, submits a copy of the no- buster to prevent the passage of controver- question shall be decided in the affirmative tice of intent to object to the Congressional sial legislation and confirmation of qualified by three-fifths of the Senators duly chosen Record and to the Legislative Clerk for in- nominees; and sworn—except on a measure or motion clusion in the applicable calendar section de- Whereas the Senate rules regarding cloture to amend the Senate rules, in which case the scribed in subsection (b). serve the legitimate purpose of protecting necessary affirmative vote shall be two- (3) FORM OF NOTICE.—To be recognized by the rights of the minority; thirds of the Senators present and voting— the appropriate leader a Senator shall sub- Whereas there are many areas where the then cloture has been invoked. If that ques- mit the following notice of intent to object: rules of the Senate have been abused, and tion shall be decided in the negative the Sen- ‘‘I, Senator lllllll, intend to object can make way for changes that will improve ate shall enter a period of continuous debate to llllllll, dated lllllll. I will the daily process of the Senate; and on the measure, motion, or other matter submit a copy of this notice to the Legisla- Whereas bipartisan cooperation can over- pending before the Senate, or the unfinished tive Clerk and the Congressional Record come nearly any obstacle in the United business. A period of continuous debate shall within 1 session day and I give my permis- States Senate, changing the Senate rules continue as long as the subject of the cloture sion to the objecting Senator to object in my must also be done with bipartisan coopera- vote is the pending business. During a period name.’’ The first blank shall be filled with tion: Now, therefore, be it of continuous debate, if a Senator seeks rec- the name of the Senator, the second blank Resolved, ognition to speak, that Senator shall be rec- shall be filled with the name of the covered SECTION 1. CHANGING VOTE THRESHOLD TO ognized and the Presiding Officer shall not request, the name of the measure or matter PRESENT AND VOTING. entertain any motion or quorum calls. If and, if applicable, the calendar number, and The second undesignated subparagraph of during a period of continuous debate, no Sen- the third blank shall be filled with the date paragraph 2 of rule XXII of the Standing

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Rules of the Senate is amended by striking Rules of the Senate is amended by inserting S. CON. RES. 1 ‘‘duly chosen and sworn’’ and inserting at the end the following: ‘‘If the matter on Resolved, by the Senate of the United States ‘‘present and voting’’. which cloture is invoked is a nomination, (the House of Representatives concurring), SEC. 2. MOTIONS TO PROCEED. the Senate shall immediately proceed to (That (a) when the Senate adjourns or re- Paragraph 2 of rule VIII of the Standing vote on final disposition of the nomination cesses on any day from Wednesday, January Rules of the Senate is amended to read as upon invoking cloture on the nomination 5, 2011, through Monday, January 10, 2011, on follows: under this paragraph.’’. a motion offered pursuant to this concurrent ‘‘2. Debate on a motion to proceed to the SEC. 8. ALLOWING COMMITTEES TO MEET WITH- resolution by its Majority Leader or his des- consideration of any matter, and any debat- OUT CONSENT. ignee, it stand adjourned or recessed until 10 able motion or appeal in connection there- Paragraph 5 of rule XXVI of the Standing a.m. on Tuesday, January 25, 2011, or until with, shall be limited to not more than 4 Rules of the Senate is amended by— the time of any reassembly pursuant to sec- hours, to be equally divided between, and (1) striking subparagraph (a); and tion 2 of this concurrent resolution, which- controlled by, the majority leader and the (2) redesignating subparagraphs (b) ever occurs first; and minority leader or their designees except through (e) as subparagraphs (a) through (d), (b) when the House adjourns on the legisla- for— respectively. tive day of Wednesday, January 12, 2011, on a ‘‘(1) a motion to proceed to a proposal to SEC. 9. READING OF AMENDMENTS. motion offered pursuant to this concurrent change the Standing Rules which shall be de- Paragraph 1 of rule XV of the Standing resolution by its Majority Leader or his des- batable; and Rules of the Senate is amended by inserting ignee, it stand adjourned until 2 p.m. on ‘‘(2) a motion to go into executive session Tuesday, January 18, 2011, or until the time at the end the following: to consider a specified item of executive ‘‘(c) The reading of an amendment may be of any reassembly pursuant to section 3 of business and a motion to proceed to consider this concurrent resolution, whichever occurs waived by a nondebatable motion if the any privileged matter which shall not be de- first; and when the House adjourns on any amendment has been printed in the Congres- batable.’’. legislative day from Wednesday, January 26, sional Record and available for at least 24 2011, through Friday, January 28, 2011, on a SEC. 3. NO FILIBUSTER AFTER COMPLETE SUB- hours before the motion.’’. STITUTE IS AGREED TO. motion offered pursuant to this concurrent Paragraph 2 of rule XXII of the Standing SEC. 10. ALLOWING AMENDMENTS WHEN AMEND- resolution by its Majority Leader or his des- Rules of the Senate is amended by inserting MENTS PENDING BY A LIMITED MO- TION. ignee, it stand adjourned until 2 p.m. on at the end the following: Tuesday, February 8, 2011, or until the time ‘‘If a complete substitute amendment for a Rule XV of the Standing Rules of the Sen- ate is amended by adding at the end the fol- of any reassembly pursuant to section 3 of measure is agreed to after consideration this concurrent resolution, whichever occurs under cloture, the Senate shall proceed to a lowing: ‘‘6.(a) If an amendment is pending and ex- first. final disposition of the measure without in- SEC. 2. (a) The Majority Leader of the Sen- cept as provided in subparagraph (b), a tervening action or debate except one ate, or his designee, after consultation with nondebateable motion shall be in order to set quorum call if requested.’’. the Minority Leader of the Senate, or his aside any pending amendments in order to SEC. 4. NO FILIBUSTER RELATED TO COMMIT- designee, shall notify the Members of the offer another germane amendment. No Sen- TEES ON CONFERENCE. Senate to reassemble at such place and time Rule XXVIII of the Standing Rules of the ator shall offer more than 1 such motion in as he may designate if, in his opinion, the Senate is amended by inserting at the end any calendar day and the Senate shall con- public interest shall warrant it. the following: sider not more than 5 such motions in any (b) After reassembling pursuant to sub- ‘‘10.(a) Upon the majority leader making a calendar day. section (a), when the Senate recesses or ad- motion to disagree with a House amendment ‘‘(b)(1) A nondebateable motion shall be in journs on a motion offered pursuant to this or amendments or insist on a Senate amend- order to waive the requirement of germane- subsection by its Majority Leader or his des- ment or amendments, request a conference ness under subparagraph (a). ignee, the Senate shall again stand recessed with the House, or agree to the conference ‘‘(2) A waiver motion under this subpara- or adjourned pursuant to the first section of requested by the House on the disagreeing graph shall require three-fifths of the Sen- this concurrent resolution. votes of the two Houses, and that the chair ators duly chosen and sworn. SEC. 3. The Speaker or his designee, after be authorized to appoint conferees on the ‘‘(c) An affirmative vote of three-fifths of consultation with the Minority Leader of the part of the Senate, debate on the motion, the Senators duly chosen and sworn shall be House, shall notify Members of the House to and any debatable motion or appeal in con- required to sustain an appeal of a ruling by reassemble at such place and time as he may nection therewith, shall be limited to not the chair on a point of order raised under designate if, in his opinion, the public inter- more than 4 hours, to be equally divided be- this paragraph.’’. est shall warrant it. tween, and controlled by, the majority lead- f er and the minority leader or their des- f ignees. SENATE RESOLUTION 13—A BILL SENATE CONCURRENT RESOLU- ‘‘(b) A motion made by the majority leader TO REQUIRE A TWO-FIFTHS TION 2—AUTHORIZING THE USE pursuant to subparagraph (a) shall not be di- THRESHOLD TO SUSTAIN A FILI- OF THE ROTUNDA OF THE CAP- visible and shall not be subject to amend- BUSTER ment.’’. ITOL FOR AN EVENT MARKING SEC. 5. TIME PRECLOTURE. Mr. FRANKEN submitted the fol- THE 50TH ANNIVERSARY OF THE Paragraph 2 of rule XXII of the Standing lowing resolution; which was referred INAUGURAL ADDRESS OF PRESI- Rules of the Senate is amended— to the Committee on Rules and Admin- DENT JOHN F. KENNEDY (1) in the first subparagraph of paragraph istration: Mr. KERRY submitted the following 2, by striking ‘‘one hour after the Senate S. RES. 13 meets on the following calendar day but concurrent resolution; which was con- one’’ and inserting ‘‘24 hours after the filing Resolved, sidered and agreed to: of the motion’’; and SECTION 1. AMENDMENT TO THE STANDING S. CON. RES. 2 RULES OF THE SENATE. (2) in the third undesignated paragraph, by Whereas John Fitzgerald Kennedy was The second undesignated paragraph of striking the second sentence and inserting elected to the United States House of Rep- paragraph 2 of rule XXII of the Standing ‘‘Except by unanimous consent, no amend- resentatives and served from January 3, 1947, Rules of the Senate is amended by striking ment shall be proposed after the vote to to January 3, 1953, until he was elected by ‘‘And if that question shall be decided in the bring the debate to a close, unless it had the Commonwealth of Massachusetts to the affirmative by three-fifths of the Senators been submitted in writing to the Journal Senate where he served from January 3, 1953, duly chosen and sworn’’ and inserting ‘‘And Clerk 12 hours following the filing of the clo- to December 22, 1960; if that question is decided in the affirmative ture motion if an amendment in the first de- Whereas on November 8, 1960, John Fitz- and there are not negative votes by more gree, and unless it had been so submitted at gerald Kennedy was elected as the 35th than two-fifths of the Senators duly chosen least 1 hour prior to the beginning of the clo- President of the United States; and and sworn’’. ture vote if an amendment in the second de- Whereas on January 20, 1961, President gree.’’. f Kennedy was sworn in as President of the SEC. 6. DIVISION OF TIME POSTCLOTURE. SENATE CONCURRENT RESOLU- United States and delivered his inaugural ad- The fourth undesignated subparagraph of TION—PROVIDING FOR A CONDI- dress at 12:51 p.m., a speech that served as a paragraph 2 of rule XXII of the Standing clarion call to service for the Nation: Now, Rules of the Senate is amended by inserting TIONAL RECESS OR ADJOURN- therefore, be it ‘‘(to be equally divided between the majority MENT OF THE SENATE AND AN Resolved by the Senate (the House of Rep- and the minority)’’ after ‘‘thirty hours of ADJOURNMENT OF THE HOUSE resentatives concurring), consideration’’. OF REPRESENTATIVES SECTION 1. USE OF THE ROTUNDA OF THE CAP- SEC. 7. ELIMINATING DEBATE TIME ITOL FOR AN EVENT HONORING POSTCLOTURE ON NOMINATIONS. Mr. REID of Nevada submitted the PRESIDENT KENNEDY. The second undesignated paragraph of following concurrent resolution; which The rotunda of the United States Capitol is paragraph 2 of rule XXII of the Standing was considered and agrees to: authorized to be used on January 20, 2011, for

VerDate Mar 15 2010 02:46 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A05JA6.068 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S68 CONGRESSIONAL RECORD — SENATE January 5, 2011 a ceremony in honor of the 50th anniversary ter from his brother. He said, ‘‘And very good. The exchange between the of the inaugural address of President John F. that’s his real signature.’’ It was a let- Republican leader and I set the stage, I Kennedy. Physical preparations for the con- ter to me congratulating me on estab- hope—at least that is what I believe— duct of the ceremony shall be carried out in lishing the first Young Democrat Club for the conversation that came later accordance with such conditions as may be prescribed by the Architect of the Capitol. at Utah State University. And then to from Democrats and Republicans about have this wonderful letter from Caro- how this place is going to run. I think f line. that has been very constructive for the PRIVILEGES OF THE FLOOR These things we do affect people and Senate and for the country. there is no better example than that Mr. MERKLEY. Mr. President, I ask f nice letter I got from Caroline today unanimous consent that Kayti Fan be regarding her father and saying thanks ORDERS FOR TUESDAY, JANUARY granted the privilege of the floor for for doing this for my father. 25, 2011 the remainder of today. I further ask that the concurrent res- The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- olution be agreed to, the preamble be objection, it is so ordered. imous consent that when the Senate agreed to, the motions to reconsider be Mr. WICKER. Mr. President, I ask completes its business today, it recess laid upon the table, with no inter- unanimous consent that Josh Davis, a under the provisions of S. Con. Res. 1, vening action or debate, and any state- legislative fellow on my staff, be grant- until 10 a.m. on Tuesday, January 25; ments related to this measure be print- ed privileges of the floor during the re- that following the prayer and the ed in the RECORD mainder of today’s session. . pledge, the Journal of proceedings be The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without approved to date, the time for the two objection, it is so ordered. objection, it is so ordered. leaders be reserved for their use later The concurrent resolution (S. Con. in the day; that following any leader f Res. 2) was agreed to. remarks, the Senate proceed to a pe- NOTICE: REGISTRATION OF MASS The preamble was agreed to. riod of morning business with Senators MAILINGS The concurrent resolution, with its permitted to speak for up to 10 minutes preamble, reads as follows: each; I finally ask that the Senate re- The filing date for 2010 fourth quarter cess from 12:30 to 2:15 p.m. to allow for Mass Mailings is Tuesday, January 25, S. CON. RES. 2 the weekly caucus meetings on that 2011. If your office did no mass mailings Whereas John Fitzgerald Kennedy was date. during this period, please submit a elected to the United States House of Rep- resentatives and served from January 3, 1947, The PRESIDING OFFICER. Without form that states ‘‘none.’’ to January 3, 1953, until he was elected by objection, it is so ordered. Mass mailing registrations, or nega- the Commonwealth of Massachusetts to the f tive reports, should be submitted to Senate where he served from January 3, 1953, the Senate Office of Public Records, 232 to December 22, 1960; PROGRAM Whereas on November 8, 1960, John Fitz- Hart Building, Washington, DC 20510– Mr. REID. Mr. President, rollcall 7116. gerald Kennedy was elected as the 35th President of the United States; and votes are possible on Tuesday, January The Public Records office will be 25. Senators will be notified when votes open from 9 a.m. to 6 p.m. on the filing Whereas on January 20, 1961, President Kennedy was sworn in as President of the are scheduled. date to accept these filings. For further United States and delivered his inaugural ad- f information, please contact the Public dress at 12:51 p.m., a speech that served as a Records office at (202) 224–0322. clarion call to service for the Nation: Now, RECESS UNTIL TUESDAY, f therefore, be it JANUARY 25, 2011, AT 10 A.M. Resolved by the Senate (the House of Rep- AUTHORIZING USE OF THE resentatives concurring), Mr. REID. If there is no further busi- ness to come before the Senate, I ask ROTUNDA SECTION 1. USE OF THE ROTUNDA OF THE CAP- ITOL FOR AN EVENT HONORING unanimous consent that it recess under Mr. REID. Mr. President, I ask unan- PRESIDENT KENNEDY. the previous order. imous consent that the Senate proceed The rotunda of the United States Capitol is There being no objection, the Senate, to the immediate consideration of S. authorized to be used on January 20, 2011, for at 7:33 p.m., recessed until Tuesday, Con. Res. 2. a ceremony in honor of the 50th anniversary January 25, 2011, at 10 a.m. The PRESIDING OFFICER. The of the inaugural address of President John F. clerk will report the concurrent resolu- Kennedy. Physical preparations for the con- f tion by title. duct of the ceremony shall be carried out in NOMINATIONS The legislative clerk read as follows: accordance with such conditions as may be prescribed by the Architect of the Capitol. Executive nominations received by A concurrent resolution (S. Con. Res. 2) au- the Senate: thorizing the use of the rotunda of the Cap- f THE JUDICIARY itol for an event marking the 50th anniver- APPOINTMENTS sary of the inaugural address of President JIMMIE V. REYNA, OF MARYLAND, TO BE UNITED STATES CIRCUIT JUDGE FOR THE FEDERAL CIRCUIT, John F. Kennedy. The PRESIDING OFFICER. The VICE HALDANE ROBERT MAYER, RETIRED. There being no objection, the Senate Chair, on behalf of the majority leader, VICTORIA FRANCES NOURSE, OF WISCONSIN, TO BE UNITED STATES CIRCUIT JUDGE FOR THE SEVENTH CIR- proceeded to consider the concurrent after consultation with the chairman CUIT, VICE TERENCE T. EVANS, RETIRED. resolution. of the Select Committee on Intel- GOODWIN LIU, OF CALIFORNIA, TO BE UNITED STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT, VICE A NEW PO- Mr. REID. Mr. President, we run ligence, and pursuant to the provisions SITION CREATED BY PUBLIC LAW 110–117, APPROVED JAN- through these resolutions, and some- of Public Law 107–306, as amended by UARY 7, 2008. JAMES E. GRAVES, JR., OF MISSISSIPPI, TO BE UNITED times don’t understand the importance Public Law 111–259, announces the ap- STATES CIRCUIT JUDGE FOR THE FIFTH CIRCUIT, VICE of what we do to individuals. I just pointment of the following individuals RHESA H. BARKSDALE, RETIRED. CAITLIN JOAN HALLIGAN, OF NEW YORK, TO BE UNITED read about a half an hour ago one of to serve as members of the National STATES CIRCUIT JUDGE FOR THE DISTRICT OF COLUM- the nicest letters I have ever received Commission for Review of Research BIA CIRCUIT, VICE JOHN G. ROBERTS, JR., ELEVATED. EDWARD CARROLL DUMONT, OF THE DISTRICT OF CO- from Caroline Kennedy regarding this. and Development Programs of the LUMBIA, TO BE UNITED STATES CIRCUIT JUDGE FOR THE When I think of Ted Kennedy, when I United States Intelligence Community: FEDERAL CIRCUIT, VICE PAUL R. MICHEL, RETIRED. BERNICE BOUIE DONALD, OF TENNESSEE, TO BE came to the Senate he was somebody I Gilman Louie of California and Troy UNITED STATES CIRCUIT JUDGE FOR THE SIXTH CIR- could never believe I would be working Wade of Nevada. CUIT, VICE RONALD LEE GILMAN, RETIRED. SUSAN L. CARNEY, OF CONNECTICUT, TO BE UNITED with. As you come into my Capitol of- f STATES CIRCUIT JUDGE FOR THE SECOND CIRCUIT, VICE fice, as you walk in the door, I have a BARRINGTON D. PARKER, RETIRED. BEGINNING THE 112TH CONGRESS ARENDA L. WRIGHT ALLEN, OF VIRGINIA, TO BE letter that was sent to me by President UNITED STATES DISTRICT JUDGE FOR THE EASTERN Kennedy between the time he was Mr. REID. Mr. President, this has DISTRICT OF VIRGINIA, VICE JEROME B. FRIEDMAN, RE- TIRED. elected and before he was inaugurated. been an exciting day, the beginning of ANTHONY J. BATTAGLIA, OF CALIFORNIA, TO BE Ted used to come in to my office and the 112th Congress. It has been I think UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF CALIFORNIA, VICE M. JAMES LORENZ, RE- many times he would look at that let- a historic day. The debate has been TIRED.

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CATHY BISSOON, OF PENNSYLVANIA, TO BE UNITED TIMOTHY J. FEIGHERY, OF NEW YORK, TO BE CHAIR- DEPARTMENT OF STATE STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT MAN OF THE FOREIGN CLAIMS SETTLEMENT COMMIS- OF PENNSYLVANIA, VICE THOMAS M. HARDIMAN, ELE- SION OF THE UNITED STATES FOR A TERM EXPIRING DANIEL L. SHIELDS III, OF PENNSYLVANIA, A CAREER VATED. SEPTEMBER 30, 2012, VICE MAURICIO J. TAMARGO, TERM MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF JAMES EMANUEL BOASBERG, OF THE DISTRICT OF CO- EXPIRED. COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND LUMBIA, TO BE UNITED STATES DISTRICT JUDGE FOR PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA THE DISTRICT OF COLUMBIA, VICE THOMAS F. HOGAN, PRIVACY AND CIVIL LIBERTIES OVERSIGHT TO BRUNEI DARUSSALAM. RETIRED. BOARD PAMELA L. SPRATLEN, OF CALIFORNIA, A CAREER VINCENT L. BRICCETTI, OF NEW YORK, TO BE UNITED MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT JAMES XAVIER DEMPSEY, OF CALIFORNIA, TO BE A COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND OF NEW YORK, VICE KIMBA M. WOOD, RETIRED. MEMBER OF THE PRIVACY AND CIVIL LIBERTIES OVER- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA LOUIS B. BUTLER, JR., OF WISCONSIN, TO BE UNITED SIGHT BOARD FOR A TERM EXPIRING JANUARY 29, 2016. TO THE KYRGYZ REPUBLIC. STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT (NEW POSITION) OF WISCONSIN, VICE JOHN C. SHABAZ, RETIRED. ELISEBETH COLLINS COOK, OF ILLINOIS, TO BE A MEM- UNITED STATES AGENCY FOR INTERNATIONAL CLAIRE C. CECCHI, OF NEW JERSEY, TO BE UNITED BER OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT DEVELOPMENT STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW BOARD FOR A TERM EXPIRING JANUARY 29, 2014. (NEW JERSEY, VICE JOSEPH A. GREENAWAY, ELEVATED. POSITION) ERIC G. POSTEL, OF WISCONSIN, TO BE AN ASSISTANT ADMINISTRATOR OF THE UNITED STATES AGENCY FOR EDWARD MILTON CHEN, OF CALIFORNIA, TO BE UNITED DEPARTMENT OF JUSTICE STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT INTERNATIONAL DEVELOPMENT, VICE JACQUELINE ELLEN SCHAFER, RESIGNED. OF CALIFORNIA, VICE MARTIN J. JENKINS, RESIGNED. JAMES MICHAEL COLE, OF THE DISTRICT OF COLUM- MAX OLIVER COGBURN, JR., OF NORTH CAROLINA, TO BIA, TO BE DEPUTY ATTORNEY GENERAL, VICE DAVID W. OVERSEAS PRIVATE INVESTMENT CORPORATION BE UNITED STATES DISTRICT JUDGE FOR THE WESTERN OGDEN, RESIGNED, TO WHICH POSITION HE WAS AP- DISTRICT OF NORTH CAROLINA, VICE LACY H. THORN- POINTED DURING THE LAST RECESS OF THE SENATE. TERRY LEWIS, OF MICHIGAN, TO BE A MEMBER OF THE BURG, RETIRED. BOARD OF DIRECTORS OF THE OVERSEAS PRIVATE IN- MAE A. D’AGOSTINO, OF NEW YORK, TO BE UNITED DEPARTMENT OF DEFENSE VESTMENT CORPORATION FOR A TERM EXPIRING DE- CEMBER 17, 2011, VICE C. WILLIAM SWANK, TERM EX- STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT MICHAEL VICKERS, OF VIRGINIA, TO BE UNDER SEC- PIRED. OF NEW YORK, VICE FREDERICK J. SCULLIN, JR., RE- RETARY OF DEFENSE FOR INTELLIGENCE, VICE JAMES TERRY LEWIS, OF MICHIGAN, TO BE A MEMBER OF THE TIRED. R. CLAPPER. ROY BALE DALTON, JR., OF FLORIDA, TO BE UNITED BOARD OF DIRECTORS OF THE OVERSEAS PRIVATE IN- JO ANN ROONEY, OF MASSACHUSETTS, TO BE PRIN- VESTMENT CORPORATION FOR A TERM EXPIRING DE- STATES DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF CIPAL DEPUTY UNDER SECRETARY OF DEFENSE FOR FLORIDA, VICE HENRY LEE ADAMS, JR., RETIRED. CEMBER 17, 2014. (REAPPOINTMENT) PERSONNEL AND READINESS, VICE MICHAEL L. SARA LYNN DARROW, OF ILLINOIS, TO BE UNITED DOMINGUEZ. DEPARTMENT OF STATE STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT OF ILLINOIS, VICE JOE B. MCDADE, RETIRED. FEDERAL RESERVE SYSTEM NILS MAARTEN PARIN DAULAIRE, OF VIRGINIA, TO BE EDWARD J. DAVILA, OF CALIFORNIA, TO BE UNITED REPRESENTATIVE OF THE UNITED STATES ON THE EX- STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT PETER A. DIAMOND, OF MASSACHUSETTS, TO BE A ECUTIVE BOARD OF THE WORLD HEALTH ORGANIZATION, OF CALIFORNIA, VICE MARILYN HALL PATEL, RETIRED. MEMBER OF THE BOARD OF GOVERNORS OF THE FED- VICE JOXEL GARCIA. CHARLES BERNARD DAY, OF MARYLAND, TO BE ERAL RESERVE SYSTEM FOR THE UNEXPIRED TERM OF SUE KATHRINE BROWN, OF TEXAS, A CAREER MEMBER UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF FOURTEEN YEARS FROM FEBRUARY 1, 2000, VICE FRED- OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- MARYLAND, VICE PETER J. MESSITTE, RETIRED. ERIC S. MISHKIN. COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND MARCO A. HERNANDEZ, OF OREGON, TO BE UNITED DEPARTMENT OF COMMERCE PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA STATES DISTRICT JUDGE FOR THE DISTRICT OF OREGON, TO MONTENEGRO. VICE GARR M. KING, RETIRED. KATHRYN D. SULLIVAN, OF OHIO, TO BE AN ASSISTANT PAUL KINLOCH HOLMES III, OF ARKANSAS, TO BE SECRETARY OF COMMERCE, VICE PHILLIP A. NATIONAL FOUNDATION ON THE ARTS AND THE UNITED STATES DISTRICT JUDGE FOR THE WESTERN SINGERMAN. HUMANITIES DISTRICT OF ARKANSAS, VICE ROBERT T. DAWSON, RE- TIRED. MARINE MAMMAL COMMISSION MARTHA WAGNER WEINBERG, OF MASSACHUSETTS, TO BE A MEMBER OF THE NATIONAL COUNCIL ON THE HU- MARK RAYMOND HORNAK, OF PENNSYLVANIA, TO BE FRANCES M.D. GULLAND, OF CALIFORNIA, TO BE A UNITED STATES DISTRICT JUDGE FOR THE WESTERN MANITIES FOR A TERM EXPIRING JANUARY 26, 2016, VICE MEMBER OF THE MARINE MAMMAL COMMISSION FOR A HERMAN BELZ, TERM EXPIRED. DISTRICT OF PENNSYLVANIA, VICE DONETTA W. AM- TERM EXPIRING MAY 13, 2012, VICE VERA ALEXANDER, BROSE , RETIRED. TERM EXPIRED. NATIONAL COUNCIL ON DISABILITY AMY BERMAN JACKSON, OF THE DISTRICT OF COLUM- BIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE DEPARTMENT OF TRANSPORTATION CLYDE E. TERRY, OF NEW HAMPSHIRE, TO BE A MEM- DISTRICT OF COLORADO, VICE GLADYS KESSLER, RE- BER OF THE NATIONAL COUNCIL ON DISABILITY FOR A TIRED. ANN D. BEGEMAN, OF VIRGINIA, TO BE A MEMBER OF TERM EXPIRING SEPTEMBER 17, 2013, VICE JOHN R. RICHARD BROOKE JACKSON, OF COLORADO, TO BE THE SURFACE TRANSPORTATION BOARD FOR A TERM VAUGHN, RESIGNED. EXPIRING DECEMBER 31, 2015, VICE CHARLES D. NOTTING- UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF DEPARTMENT OF LABOR COLORADO, VICE PHILLIP S. FIGA, DECEASED. HAM, TERM EXPIRED. STEVE C. JONES, OF GEORGIA, TO BE UNITED STATES DEPARTMENT OF ENERGY LEON RODRIGUEZ, OF MARYLAND, TO BE ADMINIS- DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF TRATOR OF THE WAGE AND HOUR DIVISION, DEPART- GEORGIA, VICE ORINDA D. EVANS, RETIRED. PETER BRUCE LYONS, OF NEW MEXICO, TO BE AN AS- MENT OF LABOR, VICE PAUL DECAMP. SISTANT SECRETARY OF ENERGY (NUCLEAR ENERGY), JOHN A. KRONSTADT, OF CALIFORNIA, TO BE UNITED NATIONAL SCIENCE FOUNDATION STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT VICE WARREN F. MILLER, JR., RESIGNED. OF CALIFORNIA, VICE FLORENCE—MARIE COOPER, DE- DEPARTMENT OF THE INTERIOR CORA B. MARRETT, OF WISCONSIN, TO BE DEPUTY DI- CEASED. RECTOR OF THE NATIONAL SCIENCE FOUNDATION, VICE ROBERT DAVID MARIANI, OF PENNSYLVANIA, TO BE DANIEL M. ASHE, OF MARYLAND, TO BE DIRECTOR OF KATHIE L. OLSEN. UNITED STATES DISTRICT JUDGE FOR THE MIDDLE DIS- THE UNITED STATES FISH AND WILDLIFE SERVICE, VICE TRICT OF PENNSYLVANIA, VICE JAMES M. MUNLEY, RE- SAMUEL D. HAMILTON. NATIONAL COUNCIL ON DISABILITY TIRED. UNITED STATES TAX COURT JANICE LEHRER-STEIN, OF CALIFORNIA, TO BE A MEM- MARINA GARCIA MARMOLEJO, OF TEXAS, TO BE BER OF THE NATIONAL COUNCIL ON DISABILITY FOR A UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN MAURICE B. FOLEY, OF MARYLAND, TO BE A JUDGE OF TERM EXPIRING SEPTEMBER 17, 2013, VICE VICTORIA RAY DISTRICT OF TEXAS, VICE SAMUEL B. KENT, RESIGNED . THE UNITED STATES TAX COURT FOR A TERM OF FIF- CARLSON, TERM EXPIRED. JOHN J. MCCONNELL, JR., OF RHODE ISLAND, TO BE TEEN YEARS. (REAPPOINTMENT) UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF NATIONAL SCIENCE FOUNDATION RHODE ISLAND, VICE ERNEST C. TORRES, RETIRED. DEPARTMENT OF THE TREASURY KELVIN K. DROEGEMEIER, OF OKLAHOMA, TO BE A SUE E. MYERSCOUGH, OF ILLINOIS, TO BE UNITED JENNI RANE LECOMPTE, OF THE DISTRICT OF COLUM- MEMBER OF THE NATIONAL SCIENCE BOARD, NATIONAL STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT BIA, TO BE AN ASSISTANT SECRETARY OF THE TREAS- SCIENCE FOUNDATION FOR A TERM EXPIRING MAY 10, OF ILLINOIS, VICE JEANNE E. SCOTT, RESIGNED. URY, VICE MICHELE A. DAVIS, RESIGNED. 2016. (REAPPOINTMENT) JOHN ANDREW ROSS, OF MISSOURI, TO BE UNITED STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT DEPARTMENT OF STATE NATIONAL FOUNDATION ON THE ARTS AND THE OF MISSOURI, VICE CHARLES A. SHAW, RETIRED. HUMANITIES ESTHER SALAS, OF NEW JERSEY, TO BE UNITED KURT WALTER TONG, OF MARYLAND, A CAREER MEM- STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- PAULA BARKER DUFFY, OF ILLINOIS, TO BE A MEMBER JERSEY, VICE KATHARINE SWEENEY HAYDEN, RETIRED. SELOR, FOR THE RANK OF AMBASSADOR DURING HIS OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A DIANA SALDANA, OF TEXAS, TO BE UNITED STATES TENURE OF SERVICE AS UNITED STATES SENIOR OFFI- TERM EXPIRING JANUARY 26, 2016, VICE HARVEY KLEHR, DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF CIAL FOR THE ASIA-PACIFIC ECONOMIC COOPERATION TERM EXPIRED. TEXAS, VICE GEORGE P. KAZEN, RETIRED. (APEC) FORUM. AARON PAUL DWORKIN, OF MICHIGAN, TO BE A MEM- JAMES E. SHADID, OF ILLINOIS, TO BE UNITED STATES OVERSEAS PRIVATE INVESTMENT CORPORATION BER OF THE NATIONAL COUNCIL ON THE ARTS FOR A DISTRICT JUDGE FOR THE CENTRAL DISTRICT OF ILLI- TERM EXPIRING SEPTEMBER 3, 2014, VICE KAREN LIAS NOIS, VICE MICHAEL M. MIHM, RETIRED. JAMES A. TORREY, OF CONNECTICUT, TO BE A MEMBER WOLFF, TERM EXPIRED. KEVIN HUNTER SHARP, OF TENNESSEE, TO BE UNITED OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRI- CATHY N. DAVIDSON, OF NORTH CAROLINA, TO BE A STATES DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF VATE INVESTMENT CORPORATION FOR A TERM EXPIR- MEMBER OF THE NATIONAL COUNCIL ON THE HUMAN- TENNESSEE, VICE ROBERT L. ECHOLS, RETIRED. ING DECEMBER 17, 2013, VICE DIANNE I. MOSS, TERM EX- ITIES FOR A TERM EXPIRING JANUARY 26, 2016, VICE MICHAEL H. SIMON, OF OREGON, TO BE UNITED STATES PIRED. MARVIN BAILEY SCOTT, TERM EXPIRED. CONSTANCE M. CARROLL, OF CALIFORNIA, TO BE A DISTRICT JUDGE FOR THE DISTRICT OF OREGON, VICE DEPARTMENT OF STATE ANCER L. HAGGERTY, RETIRED. MEMBER OF THE NATIONAL COUNCIL ON THE HUMAN- AMY TOTENBERG, OF GEORGIA, TO BE UNITED STATES JOSEPH M. TORSELLA, OF PENNSYLVANIA, TO BE REP- ITIES FOR A TERM EXPIRING JANUARY 26, 2016, VICE DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF RESENTATIVE OF THE UNITED STATES OF AMERICA TO TAMAR JACOBY, TERM EXPIRED. GEORGIA, VICE JACK T. CAMP, JR., RETIRED. THE UNITED NATIONS FOR U.N. MANAGEMENT AND RE- ALBERT J. BEVERIDGE III, OF THE DISTRICT OF CO- MICHAEL FRANCIS URBANSKI, OF VIRGINIA, TO BE FORM, WITH THE RANK OF AMBASSADOR. LUMBIA, TO BE A MEMBER OF THE NATIONAL COUNCIL UNITED STATES DISTRICT JUDGE FOR THE WESTERN JOSEPH M. TORSELLA, OF PENNSYLVANIA, TO BE AL- ON THE HUMANITIES FOR A TERM EXPIRING JANUARY 26, DISTRICT OF VIRGINIA, VICE NORMAN K. MOON, RE- TERNATE REPRESENTATIVE OF THE UNITED STATES OF 2016, VICE JAMES DAVISON HUNTER, TERM EXPIRED. TIRED. AMERICA TO THE SESSIONS OF THE GENERAL ASSEMBLY NATIONAL MEDIATION BOARD KATHLEEN M. WILLIAMS, OF FLORIDA, TO BE UNITED OF THE UNITED NATIONS, DURING HIS TENURE OF SERV- STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT ICE AS REPRESENTATIVE OF THE UNITED STATES OF THOMAS M. BECK, OF VIRGINIA, TO BE A MEMBER OF OF FLORIDA, VICE DANIEL T.K. HURLEY, RETIRED. AMERICA TO THE UNITED NATIONS FOR U.N. MANAGE- THE NATIONAL MEDIATION BOARD FOR A TERM EXPIR- MENT AND REFORM. ING JULY 1, 2013, VICE ELIZABETH DOUGHERTY, TERM DEPARTMENT OF JUSTICE DAVID BRUCE SHEAR, OF NEW YORK, A CAREER MEM- EXPIRED. BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- VIRGINIA A. SEITZ, OF THE DISTRICT OF COLUMBIA, TO NATIONAL LABOR RELATIONS BOARD BE AN ASSISTANT ATTORNEY GENERAL, VICE JACK ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- LANDMAN GOLDSMITH III, RESIGNED. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES TERENCE FRANCIS FLYNN, OF MARYLAND, TO BE A ANDREW L. TRAVER, OF ILLINOIS, TO BE DIRECTOR, OF AMERICA TO THE SOCIALIST REPUBLIC OF VIETNAM. MEMBER OF THE NATIONAL LABOR RELATIONS BOARD BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLO- DEPARTMENT OF VETERANS AFFAIRS FOR THE TERM OF FIVE YEARS EXPIRING AUGUST 27, SIVES. (NEW POSITION) 2015, VICE PETER SCHAUMBER, TERM EXPIRED. DENISE ELLEN O’DONNELL, OF NEW YORK, TO BE DI- ALLISON A. HICKEY, OF VIRGINIA, TO BE UNDER SEC- LAFE E. SOLOMON, OF MARYLAND, TO BE GENERAL RECTOR OF THE BUREAU OF JUSTICE ASSISTANCE, VICE RETARY FOR BENEFITS OF THE DEPARTMENT OF VET- COUNSEL OF THE NATIONAL LABOR RELATIONS BOARD, DOMINGO S. HERRAIZ, RESIGNED. ERANS AFFAIRS, VICE PATRICK W. DUNNE, RESIGNED. VICE RONALD E. MEISBURG, RESIGNED.

VerDate Mar 15 2010 02:46 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00069 Fmt 0624 Sfmt 9801 E:\CR\FM\A05JA6.045 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S70 CONGRESSIONAL RECORD — SENATE January 5, 2011

OFFICE OF SPECIAL COUNSEL OFFICE OF THE DIRECTOR OF NATIONAL DEPARTMENT OF VETERANS AFFAIRS

CAROLYN N. LERNER, OF MARYLAND, TO BE SPECIAL INTELLIGENCE STEVE L. MURO, OF CALIFORNIA, TO BE UNDER SEC- COUNSEL, OFFICE OF SPECIAL COUNSEL, FOR THE TERM STEPHANIE O’SULLIVAN, OF VIRGINIA, TO BE PRIN- RETARY OF VETERANS AFFAIRS FOR MEMORIAL AF- OF FIVE YEARS, VICE SCOTT J. BLOCH, RESIGNED. CIPAL DEPUTY DIRECTOR OF NATIONAL INTELLIGENCE, FAIRS, VICE WILLIAM F. TUERK, RESIGNED. VICE DAVID C. GOMPERT, RESIGNED.

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