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, THURSDAY, OCTOBER 20, 2011 No. 158 House of Representatives The House was not in session today. Its next meeting will be held on Friday, October 21, 2011, at 10 a.m. Senate THURSDAY, OCTOBER 20, 2011

The Senate met at 10 a.m. and was to the Senate from the President pro There will be another series of up to called to order by the Honorable TOM tempore (Mr. INOUYE). four rollcall votes at approximately 2 UDALL, a Senator from the State of The legislative clerk read the fol- p.m. in relation to additional amend- New Mexico. lowing letter: ments to the bill. Further rollcall U.S. SENATE, votes are expected during today’s ses- PRAYER PRESIDENT PRO TEMPORE, sion in order to complete action on the The Chaplain, Dr. Barry C. Black, of- Washington, DC, October 20, 2011. bill. fered the following prayer: To the Senate: We also hope to vote on the con- Under the provisions of rule I, paragraph 3, firmation of the nomination of John Let us pray. of the Standing Rules of the Senate, I hereby Eternal Lord God, your infinite Bryson to be Commerce Secretary as appoint the Honorable TOM UDALL, a Senator well today. Additionally, cloture was greatness compels us to give You from the State of New Mexico, to perform praise. Today we ask that You would the duties of the Chair. filed on the motions to proceed to S. help our Senators to reach their full DANIEL K. INOUYE, 1723 and S. 1726. If no agreement is ethical stature by deepening their President pro tempore. reached, these cloture votes will occur sense of the stewardship of all that Mr. UDALL of New Mexico thereupon on Friday. they have and are by the power of Your assumed the chair as Acting President f spirit within them. pro tempore. RECOGNITION OF THE MINORITY Lord, our challenging times demand f LEADER such ethical and moral fitness so that problems can be solved with the col- RECOGNITION OF THE ACTING The ACTING PRESIDENT pro tem- laborative and courageous spirit. Like MAJORITY LEADER pore. The minority leader is recog- nized. streams of flowing water through our The ACTING PRESIDENT pro tem- common days, You continue to refresh pore. The assistant majority leader is f us with Your merciful goodness. Make recognized. JOB CREATION us worthy of Your generosity as we f Mr. MCCONNELL. Mr. President, as strive daily to please and honor You. we all know, the No. 1 issue on the SCHEDULE We pray in Your holy Name. Amen. minds of most Americans is jobs, and I f Mr. DURBIN. Following leader re- think it is pretty clear both parties are marks, the Senate will resume consid- focused on that issue right now. PLEDGE OF ALLEGIANCE eration of H.R. 2112, the Agriculture, I also think it is safe to say the two The Honorable TOM UDALL led the CJS, and Transportation appropria- parties have a fundamentally different Pledge of Allegiance, as follows: tions bill. At noon there will be three take on the solution. For Democrats, I pledge allegiance to the Flag of the rollcall votes. The first vote will be on the solution, apparently, is to increase United States of America, and to the Repub- the confirmation of Heather the number of people who work for the lic for which it stands, one nation under God, Higginbottom to be Deputy Director of government. My good friend, the ma- indivisible, with liberty and justice for all. OMB. The second vote will be in rela- jority leader, made this pretty clear f tion to the Vitter amendment. The yesterday when he said the private sec- third vote will be in relation to the tor ‘‘is doing just fine’’ and that the APPOINTMENT OF ACTING Webb amendment. President’s latest stimulus is focused PRESIDENT PRO TEMPORE The filing deadline for first-degree on government jobs instead. The PRESIDING OFFICER. The amendments to the substitute amend- Republicans take a different view. clerk will please read a communication ment and H.R. 2112 is 1 p.m. today. We recognize that government has an

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

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It many Americans that Democrats in cause the overzealous enforcement of is in the President’s own bill, for good- Washington have lost all sense of bal- brutal new fishing regulations is de- ness sake. ance when it comes to both the size stroying jobs and forcing smaller play- The White House said yesterday that and the scope of the Federal Govern- ers out of the business altogether. every part of the President’s bill is ment in Washington. Democrats hear stories such as this equally important. If that is true, let’s Based on the letters I get and the too, and their solution is that we pass this measure. This legislation people I meet, there is a growing sense should hire even more people who wake should get unanimous support. So let’s out there that government regulations up every morning thinking about yet vote on this and the other bipartisan are simply and completely out of con- new ways to regulate private industry jobs legislation I have mentioned and trol and that this is one of the main until they cry uncle. Our view is that then send them to the President for an reasons we are in this jobs crisis. There we should actually listen to what peo- actual signature, making a law instead is a growing sense the reason for this is ple are asking us to do and to help of making a point. that lawmakers and bureaucrats in them out, give them a break. It is time It is time we showed people who are Washington have completely lost for government to help private sector struggling out there that we are on touch—completely and totally lost job creators instead of looking for ways their side, because right now I know a touch—with the struggles folks outside to punish them. lot of them are having serious doubts. the beltway are going through. What we are doing is we are asking It is time we do something serious I saw yesterday that the Washington, the Democrats to work with us on ways about jobs. The proposal I offered last DC, area now has the highest median to help the private sector grow, be- night, with the support of my Repub- income in the country. Washington, cause the fact is we are not going to lican colleagues, supported by the DC, the Nation’s Capital, has the high- get this economy going again by grow- President of the United States, passed est median income in the country. I ing the government. It is the private by a bipartisan majority in the House, have no doubt many of these people do sector that is ultimately going to drive would be a good step in the right direc- good work, but the point is they are this recovery. tion. weathering this economic downturn Look, if big government were the key LISA WOLSKI pretty well. Not only are they making to economic growth, then countries Mr. MCCONNELL. Mr. President, the big salaries relative to the private sec- such as Greece would be booming right Senate Republican team is losing a key tor, they are also holding on to their now. If big government were the key to player today as we say goodbye to Lisa jobs. The unemployment rate for the economic growth, Greece would be Wolski, chief of staff to the Republican country as a whole is 9.1 percent. For booming. whip, Senator KYL. What we need to do is to focus on government workers it is about half Lisa has been a greatly valued ad- helping the private sector grow. I know that—4.7 percent. viser to me as well and to my entire With all due respect to my friends on the Democratic plan is to focus on team. We have always valued her intel- the other side, it is the private sector their government jobs bill instead, to ligence, good strategic sense, and her that has been begging for mercy. It is punish private sector job creators with sound judgment. She has worked ex- the private sector that is being crushed yet another tax to subsidize even more tremely hard to make sure we always by regulators in Washington. I don’t temporary government jobs at the knew where the votes were, which is think the solution to the crisis is to State level. But what I am saying is, very important in this line of work. make the Federal Government even let’s put the government stimulus bills And, most of all, we appreciate very bigger. aside for a change and do something for much the fact that she has done all When it comes to jobs, the primary the small business men and women in this with great team spirit. role of government is to create an envi- this country who are begging for mercy I want to thank Lisa for her hard ronment in which Americans and from their own government, right here work, for me and for the entire Repub- American businesses can grow and in Washington. lican team, and we wish her all the flourish without the heavy hand of gov- There is a lot we can do. As I noted best in her future endeavors. ernment on their backs. We shouldn’t yesterday, the House has already be making it harder for people to do passed three pieces of legislation this f business and to prosper. We should be year alone, one as recently as last HONORING OUR ARMED FORCES making it easier. Yet everywhere I go, week, that would send an entirely dif- from Silicon Valley to Kentucky coal ferent message to businesses. Every SPC BRANDON S. MULLINS mines, I hear the same thing: Get one of these bills to roll back excessive Mr. MCCONNELL. Mr. President, it is Washington off our backs. They are regulations by bureaucrats here in with sadness that I come to the floor killing us with all these impossible de- Washington got solid bipartisan sup- today to commemorate a brave Ken- mands. It is not the commonsense reg- port in the House of Representatives. tuckian who lost his life in service to ulations they complain about; it is all Last night, Senate Republicans also his country. the new burdensome, duplicative and, moved ahead on legislation that pri- U.S. Army SPC Brandon S. Mullins in some cases, impossible to comply vate contractors who do work for Fed- of Owensboro, KY, was killed on Au- with regulations. I have small business eral, State, and local governments gust 25, 2011, in Kandahar Province, Af- owners in Kentucky writing me to say have been asking us to enact as a way ghanistan, when insurgents attacked they can barely get by as it is, and the to protect jobs. At a time when so his vehicle with an improvised explo- EPA is harassing them with paperwork many businesses are struggling to stay sive device. He was 21 years old. and threatening them with fines. afloat—to literally stay afloat—the For his heroic service, Specialist I mentioned a paper company the government shouldn’t burden them Mullins received several awards, med- other day in Ohio that is shutting down even more by taking money out of als, and decorations, including the because the EPA demanded they up- businesses that they could use to in- Bronze Star Medal, the Purple Heart, grade their boilers with a technology vest and hire. the Army Good Conduct Medal, the Na- that doesn’t even exist yet. The best thing about this proposal is tional Defense Service Medal, the Af- I know my Democratic colleagues not only is it bipartisan, it is also part ghanistan Campaign Medal with hear these same complaints because of the President’s bill. So here is an- Bronze Service Star, the Global War on they literally cut across party lines. other example of something we could Terrorism Service Medal, the Army One story I saw this week featured a do for job creators that we know will Service Ribbon, the Overseas Service Democratic mayor in Massachusetts actually be signed into law. And there Ribbon, the NATO Medal, and the Com- telling Washington to back off. is no reason I can think of that this bat Infantryman Badge.

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Pending: was a military police officer, and as a Brandon’s fellow soldiers also recall Reid (for Inouye) amendment No. 738, in child Brandon and his brother Shaun he had a fun side. ‘‘I remember he was the nature of a substitute. used to love to play with his dad’s old really goofy,’’ said Private First Class Reid (for Webb) modified amendment No. Adam Baldridge. 750 (to amendment No. 738), to establish the MP mementoes. They also loved to National Criminal Justice Commission. play on a World War II-era tank that One time I remember we got in trouble and Kohl amendment No. 755 (to amendment was on display in a park near Bran- we were getting smoked until we almost had No. 738), to require a report on plans to im- don’s childhood home. a tear rolling down our cheeks. He just plement reductions to certain salaries and As a kid, Brandon loved sports. Hock- turned and looked at me and said, ‘‘Just re- expenses accounts. member, they can’t smoke rocks.’’ ey was his favorite. He and his family Durbin (for Murray) amendment No. 772 (to enjoyed going to Nashville Predators We are thinking of Brandon’s loved amendment No. 738), to strike a section pro- ones today, as I recount his story for viding for certain exemptions from environ- games, but Brandon’s favorite team mental requirements for the reconstruction was the Detroit Red Wings. my colleagues in the Senate, including his parents Thomas and Catherine of highway facilities damaged by natural dis- Brandon also played hockey in high asters or emergencies. school and was the MVP of his league. Mullins, his brother PFC Shaun Erik Landrieu amendment No. 781 (to amend- He thrived under pressure. One time, Mullins, his sister Bethany Rose ment No. 738), to prohibit the approval of Brandon’s team found itself in a shoot- Mullins, and many other beloved fam- certain farmer program loans. out situation for victory in a high- ily members and friends. Vitter modified amendment No. 769 (to This past September 11 was the tenth amendment No. 738), to prohibit the Food stakes playoff game. Brandon asked his and Drug Administration from preventing an coach to put him in as the goalie. He anniversary of the brutal terrorist at- tacks that ushered in a new era of mili- individual not in the business of importing a wanted a chance to step up in a clutch prescription drug from importing an FDA- moment for his teammates and, sure tary readiness and resolve for America. approved prescription drug from Canada. enough, his team won the game. On that day, the Mullins family held a Coburn amendment No. 791 (to amendment Brandon also enjoyed being outdoors. memorial service for Brandon. More No. 738), to prohibit the use of funds to pro- He was a hunter, a fisherman, and a than 800 people came to show their re- vide direct payments to persons or legal en- hiker. His family described him as fear- spects. tities with an average adjusted gross income The funeral procession, led by 576 in excess of $1,000,000. less when it came to physical chal- Coburn modified amendment No. 792 (to lenges. He started rollerblading at the motorcycles, traveled from Good Shep- amendment No. 738), to end payments to age of 4. He is remembered as high spir- herd Church to Owensboro Memorial landlords who are endangering the lives of ited, generous, and very popular. Gardens at a slow, somber place—tak- children and needy families. Brandon’s family was certainly not ing 1 hour to drive 11 miles. Ayotte amendment No. 753 (to amendment surprised when Brandon grew up and On that day, CPT Sean J. Allred of No. 738), to prohibit the use of funds for the enlisted in the military. ‘‘He wanted the 3rd Battalion, 21st Infantry Regi- prosecution of enemy combatants in article ment, wrote Thomas and Catherine III courts of the United States. the tough job,’’ his mother Catherine Crapo amendment No. 814 (to amendment said. ‘‘He wanted to fight. He was com- Mullins a letter. No. 738), to provide for the orderly imple- petitive.’’ I hope that through writing this letter you mentation of the provisions of title VII of Brandon’s brother Shaun had en- may know how your son lived as a warrior the Dodd-Frank Wall Street Reform and listed before him, and so in February and will continue to live in our hearts and in Consumer Protection Act. 2010 Brandon enlisted in the Army. He our victories. Merkley amendment No. 879 (to amend- Know that your son was a brother to all deployed to Afghanistan in May of 2011 ment No. 738), to prohibit amounts appro- men in his Platoon and all who knew him priated under this Act to carry out parts A with Company C, 3rd Battalion, 21st In- . . . Brandon was a credit to you and how and B of subtitle V of title 49, United States fantry Regiment, 1st Stryker Brigade you raised him. I am forever indebted to him Code, from being expended unless all the Combat Team, 25th Infantry Division, and will honor his memory in future actions. steel, iron, and manufactured products used based out of Fort Wainright, AK. Once Captain Allred’s sentiments are in the project are produced in the United again, he thrived under pressure, this shared by this Senate. Our Nation can States. time in the demanding task of fighting Moran amendment No. 815 (to amendment never repay the debt owed to Specialist No. 738), to improve the bill. for our country. Mullins or the sacrifice he made that Bingaman modified amendment No. 771 (to ‘‘Brandon matured very quickly,’’ his weighs so heavily on his family. But we amendment No. 738), to provide an additional father Thomas said. can honor his service and ensure that $4,476,000, with an offset, for the Office of the From the time he entered basic training he will never be forgotten by his coun- United States Trade Representative to inves- . . . you could see a big change in his life. He try. It is thanks to heroes such as SPC tigate trade violations committed by other was headed in the right direction with his Brandon S. Mullins that America en- countries and to enforce the trade laws of life. the United States and international trade joys the freedoms we do today. Brandon loved being in the Army, agreements, which will fund the Office at the and would send letters back home f level requested in the President’s budget and in H.R. 2596, as reported by the Committee about how cool basic training was. RESERVATION OF LEADER TIME on Appropriations of the House of Represent- Brandon’s fellow soldiers quickly took The PRESIDING OFFICER. Under atives. to the new recruit from Owensboro. the previous order, the leadership time Blunt (for Grassley) amendment No. 860 (to amendment No. 738), to ensure account- ‘‘I can honestly say I’ve never met anyone is reserved. like Mullins,’’ said SSG Matthew Mills, ability in Federal grant programs adminis- Brandon’s squad leader. f tered by the Department of Justice. Menendez amendment No. 857 (to amend- SPC Deroderick Jackson, another AGRICULTURE, RURAL DEVELOP- ment No. 738), to extend loan limits for pro- one of Brandon’s fellow soldiers, said MENT, FOOD AND DRUG ADMIN- grams of the government-sponsored enter- this: ISTRATION, AND RELATED prises, the Federal Housing Administration, He was just a big help to me. Every time AGENCIES APPROPRIATIONS ACT and the Veterans Affairs’ Administration. he saw I had a hard time, he made me smile OF 2012 Lee motion to recommit. and told me to get it together. On a mission Sessions amendment No. 810 (to amend- with the Afghan National Army, I was real The ACTING PRESIDENT pro tem- ment No. 783), to prohibit the use of funds to tired and they were going real fast and pore. Under the previous order, the allow categorical eligibility for the supple- [Brandon] said, ‘‘You’ve got this, brother!’’ Senate will resume consideration of mental nutrition assistance program. H.R. 2112, which the clerk will report Blunt (for DeMint) amendment No. 763 (to Another fellow soldier, COL Todd R. amendment No. 738), to prohibit the use of Wood, recalls that Brandon: by title. funds to implement regulations regarding . . . was best described as the epitome of The legislative clerk read as follows: the removal of essential-use designation for selfless service—he took on details others did A bill (H.R. 2112) making appropriations epinephrine used in oral pressurized me- not want, he did not complain, he just did it, for Agriculture, Rural Development, Food tered-dose inhalers.

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And they followed the same for Economic Development Administration week, and the biggest names made the playbook that the Republicans now disaster relief grants pursuant to the agree- biggest profits ever. offer as their idea for revitalizing the ment on disaster relief funding included in Wall Street CEOs are still pulling economy. the Budget Control Act of 2011. down salaries and bonuses worth tens Gillibrand amendment No. 869 (to amend- of millions of dollars a year, hundreds During the Bush administration, we ment No. 738), to increase funding for the of times more than the average work- saw the largest tax cut in our Nation’s emergency conservation program and the history with nearly all the benefits emergency watershed protection program. er’s income. Most Americans are still struggling. The financial crisis of 2008 going to those at the top. It was the The ACTING PRESIDENT pro tem- wiped out millions of jobs. first time any President in the history pore. The Senator from Missouri. of the United States cut taxes in the Mr. BLUNT. I thank my colleagues I recall the month President Obama for bringing amendments to the floor was sworn in as President. I stood middle of a war. That is counterintu- on the Agriculture bill and also on the there on that cold January day, and as itive. A war is an added expense to gov- other two bills we are dealing with, he took his hand from the Bible, I real- ernment. Cutting revenue to govern- Transportation and Housing and Urban ized we had lost 750,000 jobs the month ment at that point invites deficits, Development, and Commerce-Justice- he took office. And, unfortunately, it which President Bush saw during his State. preceded him and continued for some term—his 8 years. time. There are now 24 million Ameri- We have had a vigorous debate over The debt of the United States dou- cans unemployed or underemployed. the past few days. We will have further bled during President George W. Bush’s votes today, and I think we will have Millions have lost their homes. Mil- lions more are in danger of joining term in office. Regulatory agencies further amendments today. We look were underfunded, overwhelmed, and forward to our colleagues continuing to them. Nearly one in every four mortgages they were represented many times by come to the floor to debate these people who had no interest in their amendments. I hope we can continue in America is now underwater, which means that the owners owe more on mission. In the financial services in- working together to produce a bipar- dustry, many Federal agencies turned tisan piece of legislation that becomes the mortgage than the value of the a blind eye to activities that led to the the first appropriations bill, as such, home. In the last 4 years, many Ameri- global financial meltdown. that we hopefully will be able to com- cans have seen their home values plum- plete with the House. met by nearly one-third since 2007, and The Securities and Exchange Com- I yield the floor. their retirement savings cut in half. mission under the Bush administration The ACTING PRESIDENT pro tem- We are paying a heavy price for the allowed America’s largest financial in- pore. The Senator from Illinois. perfidy of Wall Street. stitutions to self-regulate, police them- Solid, well-run companies across Mr. DURBIN. Mr. President, what is selves. The Federal Reserve declined to America, many in business for decades, the pending business? use its power to regulate subprime have been shaken to the core and can- The ACTING PRESIDENT pro tem- mortgages, which led to the terrible pore. The Gillibrand amendment is the not find credit to either continue in housing crisis which we still face pending amendment. business, expand their business, or hire Mr. DURBIN. To H.R. 2112? new employees. What do our Repub- today. The Comptroller of the Cur- The ACTING PRESIDENT pro tem- lican friends offer as a solution? They rency used that power to preempt pore. To H.R. 2112. want to repeal—repeal—the reforms State consumer laws on subprime Mr. DURBIN. If there are no Mem- that Congress passed to reduce the mortgages, exactly the opposite of bers on the floor to offer amendments reckless risk taking and deception on what they should have done. to speak to those amendments, I ask Wall Street. They want to repeal Wall Under the previous administration, unanimous consent to speak as in Street reform. unregulated mortgage brokers sold morning business. They want to repeal the Sarbanes- reckless loans, including infamous liar The ACTING PRESIDENT pro tem- Oxley reform that was put in place loans and ninja loans. Those are the pore. Without objection, it is so or- after the debacle of the Enron Corpora- no-income, no-asset loans. Major finan- dered. tion. They are offering the same mis- cial institutions packaged the bad WALL STREET REFORM taken policies of the last decade. They loans as securities, which they then Mr. DURBIN. Mr. President, our col- want us to repeat the same mistakes sold as investments. Credit agencies leagues on the other side of the aisle that led us to a near meltdown of the have an interesting grasp of history. blessed those toxic assets with AAA global economy. ratings, while being paid by the very How else can you explain their choice This effort to repeal Wall Street re- of this week to push for the repeal of form is part of a larger Republican companies that were selling the loans. the most significant Wall Street re- campaign to prevent government from The fix was on. form since the Great Depression? For passing and enforcing reasonable rules Insurance companies such as AIG in- those who need a reminder, it was 24 that protect our environment and safe- sured toxic assets against loss, turning years ago this week, October 19, 1987, guard America’s food supply, pharma- junk into gold. Investors all over the that the Dow Jones Industrial Average ceuticals, and consumer products. Cut world then bought those assets, sowing suffered the largest 1-day percentage taxes on millionaires and billionaires the seeds for the economic crisis we drop in history. It was known as Black and get rid of government regulation, still suffer from today. It was a daisy Monday. The Dow Jones lost 508 points they argue, and the economy will make chain of deregulation and disaster. And that day, more than 22 percent of its a dramatic return. That is what they what do we hear from the Republican value, $500 million in wealth destroyed believe. side of the aisle? Let’s go back to those in 1 day. It took the Dow Jones Aver- But if that were true, the last admin- thrilling days of yesteryear. Let’s re- age 2 years to recover from Black Mon- istration would have been the most peal Wall Street reform. Let’s let Wall day. Financial markets had not experi- prosperous in history. Those were the Street, like 10,000 flowers, bloom and enced such a disastrous decline since hallmarks of the George W. Bush ad- we will get back into a strong econ- the stock market crash of 1929 that set ministration: wage two wars but do not omy. off the Great Depression. pay for them, but cut taxes on the Most of us thought we would never wealthy and try to diminish regula- America knows better. We have seen again see such an event. Then came the tion, when it came to oversight on the this movie. We know how it ended in financial crisis of 2008. In between largest corporations, banks and finan- 2007, and we do not want to see it time, I might mention, there was a sav- cial institutions. again. This was not the first time. In ings and loan crisis. But then came the Instead, the George W. Bush adminis- the 1980s, savings and loans were de- 2008 financial crisis. And 3 years after tration produced ‘‘the worst jobs regulated, made reckless investments, the near collapse of AIG set off the 2008 record on record.’’ Those are not my and eventually had to be bailed out by

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The fire bill requires institutions that sell non- the company, received $1.4 billion in chief, Ron Miller, said that he could standard mortgages to keep at least 5 compensation. not in good conscience continue to be percent of those mortgages on their In 2007, after watching its stock fire chief if they are going to take 12 of books, reducing the risk that they will value fall from $300 billion to $6 billion his firefighters away, that it was not try to pass toxic assets off as solid in- in 2 years, Citigroup pushed its CEO, safe for the people of Moline. He re- vestments. Under the new rules, banks Chuck Prince, out the door—and, inci- signed. It was an act of principle. It is have to make sure that borrowers can dentally, they gave him a $38 million an indication of how desperate people repay the loans. Lenders are forbidden severance package. have become. from steering into expensive loans bor- In late 2008, with the financial sys- The amendment we will have today rowers who cannot qualify for more af- tem on the verge of collapse, 17 trou- as part of the President’s jobs package fordable mortgages. bled banks that had just accepted bil- will give us a chance, on a competitive A new Consumer Financial Protec- lions of dollars in taxpayer assistance basis, to fill many of these jobs for fire- tion Bureau will look out for the inter- doled out more than $2 billion in bo- fighters, policemen, and teachers. I ests of consumers and prohibit the sale nuses and other payments to their hope some of my Republican colleagues of abusive mortgages and other risky highest earners. will join us in this effort. and destructive financial products. I Dodd-Frank, the Wall Street reform How do we pay for it, incidentally? cannot think of another agency of gov- bill, reduces the incentive for CEOs to There is a tax. Let’s put it right on the ernment, not one, that the Republicans place short-term gains above the long- table. It is a tax of one-half of 1 percent hate more than the Consumer Finan- term health of their companies by in- on the incomes of people making over cial Protection Bureau. I want to tell creasing transparency and giving $1 million a year. So the first million you, I am proud that I introduced the shareholders a say over executive com- dollars is not subject to it; the next first bill on this issue, working with pensation. It is another way that the dollar is. It is one-half of 1 percent. The new Wall Street reforms can restore Elizabeth Warren, a Harvard law pro- money that is brought in from that stability and integrity to our markets fessor. We put together a bill. I credit will spare hundreds of thousands of and sustainable growth to our econ- Senator Dodd and Congressman FRANK teachers, firefighters, and policemen for rewriting provisions and including omy. Economists still debate the causes of from being laid off. I don’t think it is it in Wall Street reform. too much to ask for the people who are I think it is about time we had one Black Monday 4 years ago, but no one who looks honestly at our recent past wealthy and comfortable in America to agency, just one in our Federal Govern- share in the sacrifice with every other ment, that is designed to look out for can seriously debate what happens when you take the financial cops off American family who sacrifices every and help consumers and families across the beat and let Wall Street and the day in this tough economy. We will America, to save them from the tricks big banks regulate themselves. Those vote on it, and I hope we get bipartisan and traps that are thrown at them who are calling for repeal of Wall support. which they could not possibly under- Street reform are basically saying we In the meantime, let’s not repeal stand when they look at the fine print are going to give free rein to Wall Wall Street reform. We learned a bitter of their mortgage agreements and their Street to make their own rules again. lesson 24 years ago and just 4 years ago credit card agreements and things that If they are successful, I predict—be pre- as well. Let’s not repeat that bad his- even lawyers struggle to understand. pared—it is coming at us again. Wall tory. This one agency, one single agency, Street will overdo it, and their greed I yield the floor. I suggest the ab- with the limited power given to it and and excess will eventually cost average sence of a quorum. the limited resources given to it, is the families and taxpayers who have no The ACTING PRESIDENT pro tem- target—it is ground zero for the Repub- fault in the process. pore. The clerk will call the roll. lican attack. They do not want to have We cannot afford to repeat these mis- The legislative clerk proceeded to even one agency of government focus- takes—mistakes that almost crashed call the roll. ing on protecting America’s con- the global economy. If our Republican Ms. MIKULSKI. Mr. President, I ask sumers. The new Wall Street reforms colleagues want to join us in creating unanimous consent that the order for tackle the dangers of too big to fail. We good, middle-class jobs for Americans, the quorum call be rescinded. saw what happened there—almost $800 they can help us pass the American The ACTING PRESIDENT pro tem- billion in bailout funds to the biggest Jobs Act. pore. Without objection, it is so or- banks in America. They, of course, had Let me say a word about that. I know dered. made some stupid decisions, greedy de- the majority leader will give Repub- Ms. MIKULSKI. Mr. President, I cisions, selfish decisions. We paid for licans a chance to vote on one section compliment all Senators in the way it. Everybody paid for it, with savings of that today. Hopefully, they will join they have worked cooperatively and that were lost and pension plans dimin- us. It is a section that takes part of the expeditiously in moving these three ished. And then, when they were about President’s jobs act—some $35 billion— very important appropriations bills to fail, in came the previous adminis- and uses it to hire those who would forward. Every Senator who has had an tration and said we have to save them otherwise be laid off if they are teach- amendment has worked with us con- or there will be a global meltdown. ers, firefighters, and policemen. structively either to modify it or to I was persuaded. I didn’t want to see Two-thirds of the school districts in comply with what the leadership want- a global meltdown. We gave some $800 Illinois have been laying off teachers. ed to do. billion to these big banks. Did they That is not good for the teachers, obvi- I compliment all the managers for send us a note of ‘‘thank you’’? Yes. ously, and it is not good for the stu- their work in moving the bills forward. They sent us a note of ‘‘thank you’’ dents either. We are trying to make I think it shows that we can govern and put it on the back of the most re- sure we save these jobs and give our ourselves. cent bonuses they gave to their offi- students a good education across This is the first time in a couple of cers. They were giving officers bonuses America in these difficult times. years that we are actually following after the bank virtually fails and they When it comes to firefighters, we had the regular order on due deliberations have to rely on hard-working taxpayers a rally over in the Russell Caucus of our appropriations bills. It is very to bail them out. That was the ulti- Room. A number of firefighters were important that we do this to meet our mate irony, but it is the reality of there. They are asking, of course, for a fiscal responsibility of funding annual what we faced when we passed Wall helping hand to save their jobs in this appropriations; that is, actually put- Street reform. tough economy. ting money in the Federal checkbook.

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6794 CONGRESSIONAL RECORD — SENATE October 20, 2011 We have followed the regular order want to out-innovate, we have to pro- other things, such as alternative sen- by each subcommittee holding rigorous tect our intellectual property. There tencing. hearings, doing due diligence in terms are those who would rather steal our I wish to acknowledge the validity of of oversight, and being quiet guardians ideas than invent their own. We have the issue raised by our colleague from of the purse. If anybody has watched us to have it where if you invent it, you Virginia. We have a very high incarcer- over the last couple of days, we have get to keep it and profit from it. ation rate in this country. moved expeditiously. The debate has The National Institute of Standards More than 2.3 million Americans are had such rigor, civility, we have works with the private sector—a Fed- in prison. Another 5 million are on pro- learned from each other, and we have eral agency to create the standards bation or parole. Correction costs con- modified amendments back and forth. I necessary so that products can go be- tinue to grow and we have to tighten think this is so positive and so con- yond the prototype and then be sold in our belt. The problem is definitely evi- structive. America, but because there are cer- dent in my bill. For Federal prisons I hope we can conclude deliberations tified standards they can be sold alone, we had to include another $300 on these three appropriations bills around the world. million to safely guard the Nation’s today. Again, Senators need to have Then we have the Justice Depart- growing Federal prison population, and their say. Better they have their say ment. Aren’t we proud of our Federal that does not include those in State than have their day and we show we law enforcement? Sure, BATF had a prisons and local jails. This sub- can govern in a manner that is civil, big spill and cinders with the Fast and committee has an obligation to fund that has intellectual rigor and due dili- Furious Program. But look at the FBI, Federal prisons, but this increase did gence in terms of oversight but also look at the DEA, and look at how they consume a significant part of our allo- looking at how we protect vital Amer- are intercepting everything from ter- cation at the expense of other DOJ ican interests. rorists to organized crime to child mo- agencies. The three bills we have today are ag- lesters. And let’s hear it for the Mar- Why is this happening? Is it partly riculture, which is so important to the shals Service, which is often over- because of Americans being more vio- American economy—this is a jobs bill. looked and undervalued. They are out lent, there are more criminals, or are It is also a food and drug safety bill. At there every day protecting people who we getting better at catching them and the same time, there is transportation work in the courthouses and also serv- prosecuting them? You know what, the and housing. ing the warrants and keeping an eye on answer could be yes, but we don’t People talk about an infrastructure sexual predators. know. Is it that our mandatory sen- bank. We don’t know what we are Then our subcommittee is one of the tencing—a good intention—has now going to do or how we are going to pay real engines of innovation through its had unintended consequences; that peo- for it, but right here, today, we have work at the National Space Agency ple who are first offenders could be in transportation pending that will go to and at the National Science Founda- alternative sentencing and doing some- every State on a formula basis, and tion, doing the kinds of basic research thing else? then to some very important special the private sector can’t do but will We are spending a lot on prisons, and needs identified by Senators in this value in order to invest again in those so I support Senator WEBB’s effort to process, to really then create jobs and new products that will create new jobs create a blue-ribbon national commis- meet the kinds of needs our respective in America. sion to do an 18-month, top-to-bottom States have, to build and repair high- We like our bills. Again, we have review, examining costs and practices ways, bridges, and have mass transit to done oversight to deal with how to be and policies for prevention, interven- get people to work. more frugal. We want people to work tion, prosecution, and imprisonment, At the same time, housing is abso- on that as the day moves on. I wanted looking at which programs work and lutely crucial to our economy. The to give everybody the lay of the land. which can be improved. I hope it will Federal Government does own and op- For those Senators who want to im- end in concrete, wide-ranging reforms. erate housing. It is called public hous- prove our bill by the regular order of I support the amendment and look ing. The ranking member on the Trans- the amendment process, we encourage forward to voting for it and then to portation-HUD bill speaks eloquently them to come to the floor now to offer working on a constructive way to take about that. Maine is well known for its them and speak out. We want them to a look at what his recommendations compassionate way of dealing with peo- have their say and to have their day. are. I understand the Senator from Vir- ple in need, whether it is the elderly, AMENDMENT NO. 750 ginia is retiring. Along with his incred- the handicapped, or the poor. But it is Mr. President, while we are waiting ible service in terms of the national se- also how we can work with local gov- for those Senators to come, I wish to curity of our country, this will be one ernment in the Community Develop- comment on an amendment offered by of his more lasting legacies. I hope we ment Block Grant Program, where our colleague from Virginia, Senator adopt the Webb amendment. local people make local decisions on WEBB. I yield the floor. how best to invest Federal funds to Senator WEBB has been a long- The PRESIDING OFFICER. The Sen- have a multiplier effect in economic standing advocate that our people in ator from Maryland is recognized. and community development. We don’t this country be well served by the jus- AMENDMENT NO. 769 only want to build housing, we want to tice system. He has become increas- Ms. MIKULSKI. Mr. President, I do build community and at the same time ingly concerned about the way the jus- want to comment on the Vitter amend- build jobs. This is fantastic. tice system works and feels it needs a ment and then be able to have the Sen- Then there is my own bill, the Com- comprehensive review. He has rec- ator from New Hampshire speak. merce-Justice-Science bill, which I ommended the establishment of a na- But before the leader leaves, I want have worked on in such a cooperative tional justice commission to do a re- to express my condolences to the way with the Senator from Texas, KAY view of Federal, State, and local Fed- Mullins family for what happened. It is BAILEY HUTCHISON. eral criminal justice systems, which a little hard to get back into talking We also have the Commerce Com- will make a final report recommending about amendments and debating issues mittee. The Commerce Committee is changes in policy and practices to both when you hear such a poignant and supposed to be about American busi- prevent, deter, and reduce crime and wrenching story. ness, and we have put in money for the violence and also to reduce recidivism I am glad the Senator from Louisiana Trade Representative to make sure we and do it in a cost-effective way. is on the floor, because I know we will not only import—we want to make I want my colleagues to know I am be debating his amendment. sure we just don’t export jobs but we an enthusiastic supporter of the Webb I want to make a comment about the export products made in America by criminal justice commission. It is just Vitter amendment No. 769, as modified. Americans, helping the American econ- a patchwork now. At times, because we I oppose the amendment. I appreciate omy. so load up in the bottom end after a the intent of the Senator from Lou- We also have the Patent Office. We crime is committed, we need to look at isiana to make lower cost drugs avail- have just reformed the process. If we prevention and intervention and also able to the American people, but we

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6795 have many flashing lights about this fied it. But do not make a good inten- your connection with al-Qaida, your and I bring this from knowledge of tion have a horrible, lethal, unintended connection with an attack on the being both on the Intelligence Com- consequence. United States of America, and gather mittee and also in working with the I yield the floor. further information to protect our FBI through our CJS in both the clas- The PRESIDING OFFICER (Mr. country. Our civilian court system is sified and unclassified setting. BROWN of Ohio). The Senator from New not set up to do that because, under The amendment allows individuals to Hampshire is recognized. this administration, when we treat an import FDA-approved drugs from Can- AMENDMENT NO. 753 enemy of our country, an enemy com- ada. It sounds great. But we don’t Ms. AYOTTE. Mr. President, I rise to batant, under the civilian court sys- know if the drug was made in Canada, discuss my amendment, No. 753. This tem, they are entitled to certain and we don’t know if it is coming from amendment would prohibit the use of rights, such as the Miranda rights a regulated Canadian Web site. funds for fiscal year 2012 for the pros- guaranteed under the fifth amendment We are concerned because of orga- ecution of enemy combatants in article of our Constitution. nized crime involvement and now coun- III courts. Specifically, it applies to They are, of course, told: You have terfeit drugs—lethal, lethal, lethal members of al-Qaida or affiliated enti- the right to remain silent; you have a drugs—could come into our country ties who are also participants in the right to have a lawyer. These are and have dire and devastating effects. course of planning or carrying out at- rights they would not be read if they We could talk about how to have tacks against the United States. were taken into military custody, pharmaceutical FDA-approved drugs I heard yesterday many of my col- where they are not required to be read. available to our people at less cost. leagues from the other side of the aisle, That is a fundamental difference that Ironically, this is coming from a na- for whom I have great respect, come to is very important for the American tional health system. I am not going to the floor to oppose my amendment. I people to think about. When we cap- ture a terrorist, we need to know what get into ObamaCare and all that, but I would like to address the issues they else they were planning and what they do want to speak as someone who have raised and start with this. I think might attempt to do to our country or knows a lot about international orga- their arguments miss the point. We are our allies. If we capture them and nized crime. at war with these terrorist enemy com- make the decision to treat them in our What I want our colleagues to know batants, members of al-Qaida who are civilian court system, once we hold is where there is compelling, compas- planning or who have planned attacks them in custody for a certain period in sionate human need, there is greed. against the United States of America. our civilian court system, under our Where there is greed, there are scams, In what other conflict has the default fifth amendment to the Constitution, schemes, and in many cases they have or preferred position been to try these we have to tell them they have the lethal consequences. What the Vitter individuals in the civilian court sys- right to remain silent. Here we are tell- amendment does—first of all, it does tems of the United States? ing terrorists they have the right to re- The primary focus when we capture not give the FDA additional resources main silent. It does not fit to have a to combat counterfeit medicine, it just an enemy combatant needs to be on system where we are treating terror- makes an allowable use. gathering intelligence to protect the ists that way. It undermines our abil- I don’t know where we are going to people of this country and our allies. I ity to gather information that will pro- get the money. If our colleague, Sen- have great respect for our civilian tect our country. ator KOHL, were here, he would speak court system. I have tried many cases. I have heard many of my colleagues, about the money. I wish to speak about I have both defended criminals in that including the distinguished Senator the safety. system, and I have prosecuted crimi- from California yesterday, argue that There are rogue Canadian pharmacy nals in that system. Our civilian court military commissions are not effective Web sites, and the consequence of that system was not set up to gather intel- in holding terrorists accountable. I is we do not know what is coming. One ligence. It was set up to have a fair have heard cited time and time again of the things we do know is, we have prosecution of individuals who commit the number of convictions in article III examples of awful things that have crimes in our country. When people rob courts compared to the number of con- happened. Do many of you remember a liquor store, the police arrest them, victions in military commissions. This when Coumadin came into this coun- they question them, but the primary is an argument that, in my view, is try? That is a blood thinner. It was il- purpose is to find out who is account- very misleading because one of the legally produced and did not meet FDA able for the crime and then within that first steps this administration took standards and resulted in people dying system to hold them accountable. The when the President came into office because they hemorrhaged out because primary purpose of that system is not was to suspend military commissions. of a counterfeit drug. They bled to to gather intelligence and to make To criticize the low number of military death taking something they thought sure, within that system, we gather as commission convictions when the was safe. much intelligence as possible of every President suspended military commis- There is Tamiflu that came into our single connection that individual has, sions for over two years strikes me as country, but it was not Tamiflu; it was to ensure we are preventing future at- disingenuous—if I were making that talcum powder. A person might want tacks on our country. That has to be argument in law school, I think I to swallow talcum powder. It might our primary purpose when we are try- would have flunked my classes. give them indigestion. But I tell you ing to protect the American people. The reality is, to say our military there are other things that can have Those who want to—and this admin- commissions are not sufficient is actu- more dire circumstances—birth control istration wants to—use the civilian ally very unfair to the military com- pills made out of rice flour. There is a court system as the default system, mission system. I find it astounding complete list, and I encourage my col- they are undermining, in my view, our that somehow that would be cited as a leagues, go to the FDA, find out what ability to obtain valuable intelligence reason not to treat enemy combatants, they have experienced in this. Go to because intelligence does not just who are enemies of our country in the the FBI, find out what they have done come, often, with the brief interview first instance, in military custody so to try to intercept this. Go to our cus- that may happen in a criminal case, we can gather the maximum amount of toms and border people. They have sometimes it takes months to gather information from them, and that may heartburn trying to prevent heartache the type of intelligence we need to pro- take a period of time to do so, a period from those things that could come ille- tect Americans. of time that is not built into our civil- gally into our country. That is why, under the law of war, we ian court system because they are also We do have to deal with the cost of allow people to be held in military cus- guaranteed rights such as speedy pre- prescription drugs. We did deal with it tody, so we can protect the American sentment. That does not fit when we in subsequent legislation in which we people. But also in time, as we develop need periods of time to gather informa- have closed the doughnut hole. I com- information, we can go back to those tion to protect our country. pliment the Senator from Louisiana for individuals 6 months later and say we The distinguished Senator from Cali- wanting to do that and all who modi- just learned from another individual fornia also raised the case of Mr.

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6796 CONGRESSIONAL RECORD — SENATE October 20, 2011 Moussaoui. Our court system is, right- damental duty to protect the American ment I have introduced, which is pend- ly so, an open system for people to see. people from the threat of future ter- ing—it will be voted on later this In that system, I would give defense rorist attacks. To me, that is the all- morning or early this afternoon—which counsel all the information I had about consuming priority, more important would establish a national commission a case so they could adequately defend than extending constitutional rights to to address the issue of criminal justice their client. When we are dealing with foreign terrorists—not American citi- in our country. a case involving the prosecution of zens—who are at war with us. I urge I would like to begin by thanking the enemy combatants, much of the infor- my colleagues to oppose civilian trials senior Senator from Maryland for her mation is very sensitive. It can be sen- for this category of the most dangerous comments earlier this morning and her sitive to our national security if it is individuals with whom we are at war. strong support of this legislation. I released. It could be sensitive if the in- Finally, I wish to address one point also wish to thank the majority leader dividual being prosecuted gets that in- which was actually quite surprising to and, I believe, a majority of our Demo- formation to other people. We saw me yesterday as well. The distin- cratic caucus who cosponsored this leg- that, for example, in the Moussaoui guished senior Senator from California islation in the last session. case, when he was prosecuted in an ar- said these individuals should not be This is a bill that was put together 1 ticle III court where sensitive material treated as enemy combatants in mili- over a period of 4 ⁄2 years. It is not so was inadvertently leaked. tary commissions is because, she said, much politics as it is leadership in We also, of course, saw in that case it will reduce our allies’ willingness to terms of how we address the issue of victims of 9/11 having to subject them- extradite terror suspects to the United criminal justice in the United States. selves to being mocked by him in our States for interrogation or prosecution We had the support last year, we con- open court system. or even provide evidence about sus- tinue to have the support, I believe, Finally, I was astonished yesterday pected terrorists if they will be shipped and the cosponsorship on the Repub- when I heard the argument from the off to military commissions in all lican side of Senator GRAHAM. Last esteemed Senator from California that cases. And she cited that, saying: Our year, Senator HATCH and Senator if someone commits a terrorist act on allies are very reluctant to give us evi- SNOWE also cosponsored this legisla- our soil, they should be exclusively dence in a process where they don’t feel tion. It passed the House in the same tried in article III courts. She cited Mr. the rule of law is present. form we are introducing it today by Brennan, who is one of the President’s Well, first of all, military commis- voice vote, with the cosponsorship of National Security Advisers, in saying sions are historically part of our sys- LAMAR SMITH, who is now the chairman we should be using article III courts as tem. They are consistent with the Ge- of the House Judiciary Committee. It an exclusive way to treat individuals neva Convention and the rule of law. was voted out of the Senate Judiciary who have actually come to our soil to Secondly, the notion that we would Committee last year. attack our country. To me, that does allow our allies to dictate where we This is a very important moment in not make sense. would try enemies of our country just terms of how we are going to resolve a If a person is a terrorist, a member of seems absurd in terms of what policy lot of the pending issues with respect al-Qaida, who actually has planned an we are going to take as the United to law enforcement in this country. I wish to start off by saying that my attack on our country and actually States of America. motivation in getting involved in this comes to our country to attack us, It doesn’t make sense to me. Here we issue stems first from the time I spent they are going to be given greater have a situation where this administra- as an officer in the U.S. Marine Corps, rights because they will be given their tion is taking out—and I agree with where one of the strongest leadership Miranda rights, told they have the them on this, and I commend them for principles that was ingrained in every right to remain silent, they will be this—terrorists around the world, marine was that in order for a system automatically treated in our civilian members of al-Qaida, enemy combat- to function, it has to be firm but also court system and we will have to give ants who threaten our country. We are fair, and also from my time as a jour- them speedy presentment and many of killing them. Yet the same administra- nalist preceding the time I have spent the rights that, rightly so, are included tion is saying this same category of in- here in the Senate. in our article III court system. So what dividuals—that we shouldn’t detain It is the product of 41⁄2 years of work, are we saying to terrorists? We are ac- them in military custody, we shouldn’t outreach, and listening. We have lis- tually going to give them greater try them by military commissions, and tened to more than 100 organizations rights if they come and attack us here. that seems internally inconsistent. from across the country, across the In my view, unfortunately, it sends the It also seems inconsistent that while philosophical spectrum. We have lis- wrong message. I think it is welcoming we have our allies participating with tened to our colleagues on the other people to the United States of America, us in attacks against enemy combat- side. We have adapted the legislation when the message should be, clearly, ants around the world, that they would to ensure that this is balanced politi- we are at war with them, we are going not transfer detained enemy combat- cally, so we can set politics aside and to treat them in our military system ants to the U.S. for fear that we will get into the complex issue of how we because they are an enemy of our coun- put them in military custody. It just resolve the broken points in our crimi- try, and we are going to make sure we does not make sense. nal justice system. gather the most information from I would urge my colleagues to sup- Our criminal justice system is bro- them and their colleagues to protect port my amendment. We shouldn’t fur- ken in many areas. We have some Americans and our allies from future ther criminalize this war. We remain at strong work in local areas, with people attacks. war with terrorists who want to kill trying to help fix these problems, but We need look no further than the Americans. I brought forward this we need a national commission in order case of Osama bin Laden for the proof amendment because I firmly believe to take a look at the criminal justice that the process of obtaining informa- our priority has to be to gather intel- system from point of apprehension all tion from terrorists is frequently long ligence and not to provide them Mi- the way to reentry into society of peo- and difficult, but I shudder to think randa rights and not to undermine, in ple who have been incarcerated. We what would have happen if the detain- my view, our military commission sys- have not had this overarching national ees from whom we gleaned information tem but to treat enemy combatants for look since 1965. that led us to bin Laden were instead who they are—enemies of our coun- What are the two boundaries that af- read their Miranda rights, remained si- try—and make sure we protect Ameri- fected my approach to this? I would lent, we brought them here, we had to cans. like to lay them out very quickly. give them speedy presentment rights. I I yield the floor. The first is that we have entered a do not think it is a stretch to say bin The PRESIDING OFFICER. The sen- period from the 1980s forward where we Laden might still be at large. ior Senator from Virginia. have tended to overincarcerate for a We have to put the priority on pro- AMENDMENT NO. 750 lot of nonviolent crimes. This is a tecting Americans by gathering infor- Mr. WEBB. I would like to spend chart that goes from 1925 to today. Be- mation. We are at war. We have a fun- some time today addressing the amend- ginning in the 1980s, our incarceration

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6797 system skyrocketed to the point where Chuck Canterbury, the national colleagues, Democrats and Repub- there are now 2.38 million people in president for the Fraternal Order of licans, to come together in a strong bi- prison in the United States. Seven mil- Police: partisan way in favor of this amend- lion people are involved in the criminal Law enforcement has changed a great deal ment. It is a bipartisan amendment, justice system on one level or another in the last few decades. We believe estab- and I thank Senators SANDERS, of supervision from our authorities. lishing a national commission . . . will only MCCAIN, STABENOW, and BINGAMAN for The second is that Americans don’t help law enforcement officers do their jobs being coauthors of it, along with me. feel any safer for all of this incarcer- more effectively, more efficiently, and more The amendment is very simple. It ation and for the approach that it has safely. would give all Americans another ave- taken. Survey after survey from the Sheriff B.J. Roberts, president of the nue to get safe, cheaper prescription last decade indicates that the average National Sheriffs’ Association: drugs by allowing the reimportation of American community feels more . . . make the creation of a national commis- prescription drugs for personal use threatened this year than it did last sion all the more necessary to ensure law en- from Canada only. Again, it is very year. Two-thirds of Americans believe forcement . . . has the tools and knowledge modest and very restricted. We are just crime is more prevalent today than it necessary to adapt to the continually evolv- talking about Canada. We are just was a year ago. ing justice system. The NSA commends . . . talking about, of course, FDA-approved This is a leadership question. How do this work on this critical issue. We look for- prescription drugs. We are just talking ward to supporting you to pass this bill. we fix it? Whom do we go to in order to about small quantities for personal find the answers so we can have the Criminal justice experts from across use, not big quantities, not whole- kind of advice that is very difficult to the philosophical spectrum: salers, not folks in that business. We obtain in a holistic way so that Con- Chuck Colson, founder of the Prison are specifically excluding biologics. We gress can move forward and the coun- Fellowship: are specifically excluding things listed try can move forward and solve this I write from the perspective of a conserv- on the controlled dangerous substances problem? ative who has always been comfortable as a schedule. So it is a very modest, This legislation is paid for. It is reformer . . . I don’t believe this is an ideo- straightforward, limited amendment, sunsetted at 18 months—very similar logical issue at all, but one on which people but it would still be real in terms of of good will, conservative and liberal alike, the relief it would give Americans, par- to the legislation Senator MCCASKILL could join forces to make prisons more effec- and I put together going after the prob- tive, humane and successful. ticularly seniors, who are so often under the crunch—another opportunity lems in wartime contracting, which Brian Walsh, the Heritage Founda- for safe, cheaper prescription drugs. now, after a 2-year sunset period, has tion: reported out very important improve- In its form as I have described, this is ments in looking at a system in Iraq Reform experts who are serious about nearly identical to a bipartisan Vitter criminal justice reform should . . . reach out amendment that was passed in the last and Afghanistan that resulted in $30 to elected officials on both sides of the aisle. billion to $60 billion of fraud, waste, Senate. It passed on a strong bipar- Mark Mauer, executive director of and abuse. We put a commission to- tisan vote, and I thank Members who the Sentencing Project: gether, we brought in good minds to voted for that. help us solve the problem, they came in A new approach to crime prevention is nec- This problem, again, is real. It hits with recommendations, and we are essary and the time for reform is upon us. millions of Americans. It hits seniors The commission created by this legislation going to fix that problem as best it can particularly hard. would establish an organized and proactive Let’s just take three very common be fixed. approach to studying and advancing pro- It is balanced philosophically and po- prescription drugs. grams and policies that promote public safe- Nexium. In the United States, it is litically. I would ask my colleagues ty, while overhauling those practices that when the last time was that we had law are found to be fundamentally flawed . . . We about $635 for a certain amount. In enforcement lining up with people who strongly urge passage of the National Crimi- Canada, that same volume of the drug were generally believed to be on the nal Justice Act. is $386. For Lipitor, the price difference other side philosophically—the ACLU, Professor Charles Ogletree, Harvard on average is $572 in the United States NAACP, et cetera—all coming together Law School: versus $378 in Canada; Plavix, $644 in and saying the same thing. This needs The comprehensive, timely and important the United States, $434 in Canada— a national commission. This needs to bill . . . will go a long way toward addressing huge price differences of 39 and 34 and be fixed. some of the severe inequities in the criminal 33 percent. That cost crunch is what all In terms of law enforcement, we have justice system. This effort should be pursued too often causes seniors to have to the strong support of the International with great vigor to ensure that we not only make horrible choices between pre- Association of Chiefs of Police, the Na- hold offenders accountable, but that we im- scription drugs they need for their tional Sheriffs’ Association, the Fra- plement criminal justice policies that are health or other necessities such as food sensible, fair, increase public safety and and utilities. Let’s give those Ameri- ternal Order of Police, the Major Cities make judicious use of our State and Federal Chiefs Association, the National Nar- resources. cans real relief, and we can in this sim- ple, straightforward amendment. cotics Officers’ Association, the Na- I am grateful that this legislation tional Association of Counties, the Na- Let me say two things in closing. has been offered as an amendment on First, there have been safety concerns tional League of Cities, the U.S. Con- this appropriations measure. Again, it ference of Mayors, and the National brought up about the amendment. We is paid for. It is sunsetted. It is bal- have real safety concerns about coun- Criminal Justice Association. anced philosophically and politically. There are a few quotes in terms of terfeit drugs in general, but I do not We listened very carefully to our col- supporting this legislation that I would believe—and I would not offer this leagues from the other side of the aisle ask my colleagues from both sides to amendment if I did believe—this to incorporate their suggestions as this consider. amendment expands those vulnerabili- Chief Michael Carroll, president of legislation moved forward. It passed ties or concerns at all. As an example, the International Association of Chiefs the House last year, and I earnestly the distinguished Senator from Mary- of Police, said: hope people from both sides of the aisle land brought up several cases docu- For more than 20 years, the IACP has advo- will support this legislation when it mented in the press in the last few cated for the creation of a commission that comes to a vote later today. years, and those are serious cases of would follow in the footsteps of the 1965 I yield the floor. counterfeit drugs, but none of them Presidential Commission on Law Enforce- The PRESIDING OFFICER. The jun- have anything to do with reimporta- ment . . . The IACP believes that it is imper- ior Senator from Louisiana. tion; none of them have anything to do ative that the National Criminal Justice AMENDMENT NO. 769 with Canada; none of them have any- Commission Act be approved in a timely Mr. VITTER. Mr. President, I rise in fashion. For far too long our Nation’s law en- thing to do with small quantities of forcement and criminal justice system has strong support of Vitter amendment drugs for personal use. They are other lacked a strategic plan that will guide and No. 769, which we will be voting on a unrelated safety concerns. This amend- integrate public safety and homeland secu- little after noon in the next block of ment would not expand those vulnera- rity. votes. I want to encourage all of my bilities.

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6798 CONGRESSIONAL RECORD — SENATE October 20, 2011 Finally, this vote is about the neys Association and a letter from the few fiscal cycles, including NDAA’s National amendment I have described, but I National Association of Police Organi- Advocacy Center for State and Local Pros- think it is also about the intersection zations be printed in the RECORD. ecutor Training and the John R. Justice There being no objection, the mate- Loan Repayment Program for Prosecutors of money and power and politics in and Public Defenders—just two of the hun- Washington. President Obama often de- rial was ordered to be printed in the dreds of programs which desperately need cries that intersection of big money RECORD, as follows: funding to provide services for America’s and big power in Washington, and I NATIONAL DISTRICT communities now instead of funding a 14- agree with him. But I think the single ATTORNEYS ASSOCIATION, member Commission to write a study. It biggest example of that sort of money Alexandria, VA. would be fiscally irresponsible to fund such a run amok in Washington—buying PLEASE OPPOSE S.A. 750, THE NATIONAL study while current budget cuts are hitting CRIMINAL JUSTICE COMMISSION ACT OF 2011 America’s communities hard. power and influencing politics in the It is our hope that you oppose this amend- last few years—has been big Pharma I’m writing you today on behalf of the Na- ment as it is considered on the Senate floor. dealing with the White House, specifi- tional District Attorneys Association If you have any questions or concerns, please cally visiting the White House over and (NDAA), the oldest and largest organization feel free to contact me at your earliest con- over during the development of representing over 39,000 of America’s state venience. and local prosecutors, to voice our strong op- Thank you for all you do for America’s ObamaCare and in the end supporting position towards an amendment to be offered ObamaCare. And, oh, by the way, in the state and local prosecutors. today by Senator Jim Webb (D–VA) to the Sincerely, end the President no longer supports FY 12 Commerce, Justice and Science Appro- SCOTT BURNS, reimportation, which he had consist- priations bill which would authorize and Executive Director. ently up to that point. I decry that sort fund the National Criminal Justice Commis- of intersection of money and politics. If sion Act of 2011. NATIONAL ASSOCIATION OF my colleagues do as well, they will sup- The amendment to be offered is S.A. 750, POLICE ORGANIZATIONS, INC., port this amendment. If my colleagues which was first introduced by Senator Jim Alexandria, VA, October 18, 2011. Webb during the 111th Congress. The amend- Hon. PATRICK LEAHY, disapprove of that sort of action by ment would establish a Federal Commission PhRMA and that interaction of big Chairman, Senate Judiciary Committee, to undertake a comprehensive examination Washington, DC. money and power politics, my col- of all aspects of America’s criminal justice Hon. CHUCK GRASSLEY, leagues will support this amendment system—federal, state and local—and offer Ranking Member, Senate Judiciary Committee, too. I urge strong bipartisan support. those findings to Congress and the Executive Washington, DC. Again, I thank my colleagues from Branch. DEAR CHAIRMAN LEAHY AND RANKING MEM- both parties for coauthoring and sup- While NDAA believes that a comprehensive BER GRASSLEY: On behalf of the National As- porting this amendment. examination of America’s criminal justice sociation of Police Organizations (NAPO), With that, I yield the floor. systems could be useful, we believe that S.A. representing 241,000 rank-and-file officers The PRESIDING OFFICER. The sen- 750 in its current form is flawed in many dif- from across the United States, I write to you ferent ways: ior Senator from Maryland. to ask you to oppose The National Criminal 1. NDAA has major concerns with the for- Justice Commission Act of 2011 (S.A. 750). AMENDMENT NO. 772 WITHDRAWN mulation and composition of the National During the 111th Congress, NAPO did sup- Ms. MIKULSKI. Mr. President, I Criminal Justice Commission. The 14-mem- port the original version of Senator Jim know my colleague wishes to speak, ber Commission would be selected largely by Webb’s Crime Commission Bill (S. 714). How- but I have a matter to dispose of. I ask the current President (5 members), with ever, over time the bill morphed into a dif- unanimous consent that the Murray other members selected by Congressional ferent piece of legislation which NAPO could amendment No. 772 be withdrawn. leadership from both the Majority and Mi- no longer support. The current proposal mir- The PRESIDING OFFICER. Without nority parties. NDAA feels that the larger rors the later language of the 111th Congress, number of Presidential selections would causing great concern to NAPO’s members. objection, the amendment is with- skew the panel to favor one political ide- These concerns, which we share with other drawn. ology over another. Additionally, while law enforcement groups such as the NDAA, Ms. MIKULSKI. Thank you very guidelines on areas of expertise (for example, include concern over the composition and much. ‘‘law enforcement’’, ‘‘prisoner reentry’’ and qualifications of the proposed commission; The PRESIDING OFFICER. The Sen- ‘‘civil liberties’’) in order to be considered to the unrealistic timeframes called for in the ator from Texas. serve on the Commission are contained in S. legislation, and the appropriation of funds AMENDMENT NO. 750 306, specific representation from criminal for the commission at the expense of other, Mrs. HUTCHISON. Mr. President, I justice practitioners such as District Attor- proven, Justice Department programs. neys, State and local prosecutors, Attorneys Rank-and-file officers are the most visible rise to speak against the Webb amend- General, Chiefs of Police, Judges, Drug Court and immediate providers of government ment to the bill. Senator WEBB from Professionals, Sheriffs, Police Officers or any service and protection for Americans. It is in Virginia spoke earlier about the pur- other law enforcement practitioner to serve the best interest of our entire nation to en- pose of this legislation. I believe if we on the Commission would not be mandated. sure they have the support they need to suc- had the time to work on this amend- 2. Simply put, NDAA feels that an analysis ceed. We strongly oppose the National Crimi- ment we could accommodate the Sen- of America’s federal, state and local criminal nal Justice Commission being added as an ator’s proposed goals for the commis- justice systems cannot be completed in an amendment. If you should have any ques- tions or wish to discuss this further, please sion. However, this has not gone 18-month period. The 18-month timeframe was selected largely based on the President feel free to contact me, or NAPO’s Director through the Judiciary Committee. It is Lyndon Johnson’s Commission on Law En- of Government Affairs, Rachel Hedge, at an authorization of a commission—it is forcement and Administration of Justice in (703) 549–0775. called the National Criminal Justice 1965. Over the past 45 years, the size and Sincerely, Commission—which is purporting to complexities of America’s criminal justice WILLIAM J. JOHNSON, look at the entire criminal justice sys- system has grown by leaps and bounds and Executive Director. tem—Federal, State, and local. NDAA feels an 18-month window isn’t near Mrs. HUTCHISON. Mr. President, the This is an overreach of gigantic pro- enough time to complete such a study. letter from the District Attorneys As- portions. It is certainly within the pur- 3. NDAA believes that the federal govern- sociation looks at an earlier version of ment should never be in the business of au- view of Congress to do a national com- diting state and local criminal justice sys- the bill which had a $14 million mission to look at the Federal criminal tems. pricetag and the pricetag on this justice system, but to go into State 4. During these times of fiscal crisis in amendment is $5 million. So with that and local governments and purport to America, the Commission would require $5 caveat I submit the letter, because the examine the criminal justice systems million in new spending to complete its work points the District Attorneys Associa- of our States and local governments is over the next two fiscal years. Senator tion makes are very valid except for far beyond the reach of Congress, and Webb’s amendment would offset this new that one error of the amount of money. it is certainly not a priority we should spending through the Department of Jus- However, let’s talk about the $5 mil- tice’s Office of Justice Program’s Adminis- lion. Is it the priority of the Justice meet in appropriations bills when we trative Account, which has already received are already in a deficit and debt crisis close to a 50% reduction in funding since Department to have a national com- in this country. FY 2010. In addition, many state and local mission that purports to go into State I ask unanimous consent that a let- criminal justice programs funded by OJP and local governments and look at ter from the National District Attor- have been gutted or eliminated over the past their criminal justice systems at a

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6799 time such as this? They are taking the things, but they should narrow the grants, the Adam Walsh Act—we $5 million from the Department of Jus- scope if they are going to be effective. shouldn’t be cutting the accounts that tice’s Office of Justice Programs ad- If Congress is to responsibly and wisely administer those programs. That would ministrative account. That is the ac- use our taxpayer dollars in these eco- not be my choice if I had had the abil- count that administers the following nomic times, I think it is essential ity to work with the Senator from Vir- grant programs, all of which I will not that we narrow the scope. ginia to accommodate his needs, as an read, but they include: the National Let me mention something that is authorization committee would. Center for Missing and Exploited Chil- also mentioned in the District Attor- This should not be in this bill. If we dren, Byrne-JAG grants, the National neys Association’s letter, which is are going to have a 14-member commis- Sex Offender Registry, the Bulletproof something that caught my eye when I sion—that is 7 Republicans and 7 Vest grants, the National Stalker read this amendment. The 14-member Democrats—let’s have a fair appoint- Database, and it goes on and on. commission is on its face 7 members ment of those 7 members on each side. So the Senator from Virginia wants appointed by Republicans and 7 mem- To say the President of the United to take $5 million from the administra- bers appointed by Democrats. So we States would appoint two of the Repub- tors of this account and put it into have a 14-member commission. On its licans and that is an even distribution, looking into the criminal justice sys- face, seven from each party would pass it does not pass the test of what ap- tems of our 50 States and whatever muster for bipartisan. However, it has pears to be the fairness in the appoint- local governments they would choose the President of the United States ap- ment of the commission. to look at. The Senate position is al- pointing two of the Republican mem- So I oppose this amendment, and I ready $118 million for that account, bers. If we want a commission that is would like to work with Senator WEBB which is $64 million below the fiscal seven and seven, wouldn’t it be more to have a national criminal justice year 2011 levels. The House has put $79 fair or pass the test of bipartisanship if commission that would focus on the million in this account. We would be Republicans appoint the Republicans national criminal justice system. We taking away $5 million more for us to and the Democrats appoint the Demo- do not need to overreach into State go to conference with to do an over- crats? This commission would essen- and local governments. We do not need reach against States rights in order to tially be nine to five, not seven and to set the priorities for the budgets of fund a commission that is going to seven. States and local governments. We do look into programs, and take away I don’t know that we have partisan not have the capacity to do it. I will from the fund grants that are so impor- issues in criminal justice. In some guarantee, with 14 members, they are tant to so many of our State and local areas we probably do but, in the not going to represent 50 States and governments, not to mention the peo- prioritizing of the budget, probably the needs of the States that are small ple of our country. not. Probably there are political dif- and the States that have large urban Let’s talk about the budgetary deci- ferences in our priorities for the crimi- areas and the cities that are dealing sions of the States; for instance, New nal justice system, so if we are going to with these crimes. York and Vermont or the State of Vir- have a fair commission that purports We are into vast overreach with this ginia or Texas or Alabama. How are we to have a seven-seven makeup, let’s amendment, and it is not the priority, going to look at the criminal justice make it seven-seven. I believe, right now to take $5 million systems with this national commission The reason we have a rule in this from the National Center for Missing and say, Oh, we think the priority for Senate that says we can’t authorize on and Exploited Children and Byrne New York State and its prison system appropriations bills is because we have grants that are so important to our or its number of district attorneys authorization committees that have State and local governments and the should meet the Federal standard? hearings, that mark up legislation, border prosecution funding and the Would that be the same standard for that make the necessary changes to ac- SCAAP funding. the State of Vermont? This is such an commodate the needs of the majority It has not been vetted as we require overreach, and it is not a priority in and the minority and assure that some- in the Senate. Unfortunately, the these tight budgetary times, in my thing has at least been vetted. This bill agreement that was made between the opinion. has not been authorized. This com- majority and minority leaders last The budgetary decisions of our State prehensive amendment appointing this night said no points of order would be and local governments and the crimi- national commission to study the able to be launched against this nal justice systems should be done at criminal justice systems of the Fed- amendment. I would have raised a that level. If there is a massive prob- eral, State, and local governments point of order because it is authorizing lem, there will be lawsuits about it. needs a lot of work. I wish to reach out on an appropriations bill. The reason There would be a lawsuit against the to Senator WEBB to work with him to is, it has not been vetted by the Judici- Texas prison system. There was one, assure that it is a Federal commission ary Committee, which ought to have and it changed the way the Texas pris- looking at the Federal criminal justice taken up this bill and corrected the on systems were even built and how system, and perhaps find out what his problems in it before it came to be full much space there was in the cells. If priorities are for his commission to blown in an appropriations bill. there is a problem, there is a remedy. study, and let’s focus on those as the I will reiterate that I will work with But we don’t need a national commis- GAO said would be necessary. I would Senator WEBB. I will work on a na- sion to come in and tell the State and not take the $5 million from the ac- tional commission that studies the na- local governments they have a problem counts administering the very impor- tional criminal justice system. If we and rearrange the budgetary priorities tant grant programs to our State and can pinpoint it carefully to the needs of those States and local governments. local governments and to the people he is trying to meet, I will be happy to The GAO looked at this bill as a free- who are affected by missing and ex- work with him on that. I will be happy standing bill and they said the defini- ploited children, to assure that the to work with him on the appointment tion of ‘‘criminal justice system’’ is State Criminal Alien Assistance pro- of the commission. If it is supposed to way too broad. A report on the Federal gram, SCAAP, which helps our border be seven and seven, let’s make it seven criminal justice system could be valu- counties in the States that are on the and seven, not nine and five. able to Congress, which I submit I border, accommodate the incarceration I hope he will withdraw this amend- would agree with. Maybe that would be of illegal alien criminals. In my State ment. I hope the Senate can defeat it, important. But to be effective, the of Texas, the counties on the border if he does not. Most certainly, if we go GAO said, such a report should be nar- don’t have the money to incarcerate to conference with this amendment on rowly targeted on specific features of the prisoners who are illegal aliens and this bill, I will do everything in my the Federal criminal justice system who are Federal responsibility. The ad- power to eliminate it, unless it is such as law enforcement, courts, deten- ministrators of these programs, such as changed significantly to meet the tion facilities, number of prosecutors, the Mentally Ill Offender Grants, the needs of our country to assure a fair whether there is a victims rights advo- Cybercrime Economic Program, the Federal system. We do not need to get cate—they can look at a lot of different Coverdell Forensic Improvement into the State and local government

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6800 CONGRESSIONAL RECORD — SENATE October 20, 2011 budgetary priorities in this appropria- For all of those efforts, I think Jack Mr. CONRAD. Mr. President, we are tions bill. Lew could not have chosen a stronger now considering the nomination of I yield the floor. or a more competent deputy. I hope my Heather Higginbottom to be Deputy I suggest the absence of a quorum. colleagues will support her nomina- Director of the Office of Management The PRESIDING OFFICER. The tion. and Budget. We need to confirm this clerk will call the roll. f nominee. The bill clerk proceeded to call the The Deputy Director position has roll. EXECUTIVE SESSION been vacant for 19 months. The Senate Mr. KERRY. Mr. President, I ask received Ms. Higginbottom’s nomina- unanimous consent that the order for NOMINATION OF HEATHER A. tion papers in January, and she was re- the quorum call be rescinded. ported favorably out of both the Budg- The PRESIDING OFFICER. Without HIGGINBOTTOM TO BE DEPUTY et and Government Affairs Committees objection, it is so ordered. DIRECTOR OF THE OFFICE OF Mr. KERRY. Mr. President, we are MANAGEMENT AND BUDGET in the spring. where in the legislative process now? Ms. Higginbottom is fully qualified The PRESIDING OFFICER. Under for this position. She served as Deputy The PRESIDING OFFICER. Legisla- the previous order, the Senate will pro- tive session. Assistant to the President and Deputy ceed to executive session to consider Director of the Domestic Policy Coun- HIGGINBOTTOM NOMINATION the following nomination, which the Mr. KERRY. Mr. President, I wish to cil at the White House. She also pre- clerk will report. viously served as legislative director say a few words, if I may, about the The bill clerk read the nomination of nominee whom we are about to vote for Senator KERRY. So she brings with Heather A. Higginbottom, of the Dis- her a broad knowledge of Federal pol- on. trict of Columbia, to be Deputy Direc- I strongly support the nomination of icy and the operations of the govern- tor of the Office of Management and Heather Higginbottom to be the Dep- ment. Budget. uty Director of the Office of Manage- It is important to note that Ms. The PRESIDING OFFICER. Under ment and Budget. Higginbottom was personally selected It has been more than 12 years since the previous order, there will be 2 min- by Director Lew as the individual he Heather first came to work for me in utes of debate equally divided and con- wants as his Deputy. His selection of the Senate as a senior legislative as- trolled in the usual form. Ms. Higginbottom speaks volumes sistant, and later she became my legis- Mr. KERRY. Mr. President, I reserve about her ability and the respect she lative director and top policy aide. In my time. has attained from her colleagues in the all those years on the Hill, I want to The PRESIDING OFFICER. The Sen- administration. Director Lew needs to assure my colleagues who are thinking ator from Maine. have the Deputy Director of his choice about this position that she stood out Ms. COLLINS. Mr. President, I re- working with him at OMB. not just for her policy knowledge and serve the time we have. I know some have questioned this her understanding of the budget and Mr. KERRY. It is my understanding nominee’s qualifications. They are the legislative process but for her abil- that under the order, this is the time wrong to do so. Ms. Higginbottom is ity to work across the aisle. for the debate. Is that correct? absolutely qualified for this job, and I know a lot of colleagues are anxious The PRESIDING OFFICER. The Sen- she is as qualified as other individuals to confirm people who come not with ator from Massachusetts is correct. who served in this position during Re- partisan intent but with the ability to Mr. KERRY. If the time is not about publican administrations. try to get things done in Washington. to be used, it will be tallied? I hope the Senate joins me in voting Believe me, Heather has that ability. The PRESIDING OFFICER. That is to confirm this nominee. She worked with me and developed correct. Ms. CANTWELL. Mr. President, as my proposal a number of years ago for Mr. KERRY. I suggest we yield it we consider the nomination of Heather a constitutional line-item veto—a pro- back mutually or someone speaks. Higginbottom to be Deputy Director of posal which now has many bipartisan Ms. COLLINS. Mr. President, Sen- OMB, I would like to bring to the at- supporters in the Senate. I also saw ator SESSIONS is on his way to the tention of my colleagues my concern firsthand her instinct to put aside ide- floor. He does have reservations about for how OMB and the Coast Guard have ology and to go after waste, to push for the nominee. I think it would be cour- been conducting business. tough-minded budget reforms, all of teous, since we know he is on his way, The Arctic is opening at an alarming which protected the taxpayers’ inter- to delay just for a couple of moments rate, which creates new requirements ests. She worked with me through so he could make his comments. for the U.S. Coast Guard and the Navy. seven budget cycles, and I am pleased The PRESIDING OFFICER. Is there Multiple Presidential directives call to say, as many Members remember, objection to Senator COLLINS’ request? for Arctic presence to meet national we balanced the budget back in those Mr. KERRY. I am always in favor of security and homeland security needs; years. So I think she comes with an ex- extending courtesies. I think it is im- to facilitate safe, secure, and reliable perience of understanding what the portant to do that. But I would just re- navigation; to protect maritime com- tough choices are that can help to im- serve, if I can, therefore, that we might merce, and to protect the environment prove our fiscal situation now. wait until the Senator is here and have as resource development increases. I came to know somebody who those 2 minutes used at that time. Polar icebreakers are critical to worked diligently and looked at the I will suggest the absence of a meet our national needs in the Arctic. budget with a critical eye. When Jack quorum until the Senator is here, at According to a recent independent Lew announced Heather’s nomination, which time we will have 2 minutes study, the Coast Guard and the Navy he said she was known for her ‘‘dedica- equally divided. need six heavy-duty icebreakers and tion to sound public policy that makes The PRESIDING OFFICER. Is there four medium icebreakers. This is not a a difference in people’s lives.’’ objection? Without objection, it is so political document; it is a study of the Health care, technology, poverty, ordered. national security and commercial via- education, infrastructure—for every Mr. KERRY. I suggest the absence of bility of the United States. It is not a single one of these priorities, she will a quorum. surprise to this Senator that any third look at them to determine whether the The PRESIDING OFFICER (Mr. party, any independent judgment current policies are working, whether BEGICH). The clerk will call the roll. maker, or anyone paying attention as there are ways we could do things more The bill clerk proceeded to call the the Chinese, and the Russians, oil com- effectively, and whether the American roll. panies, even pirates actively stake taxpayer is getting what they deserve Mr. KERRY. I ask unanimous con- claims in the Arctic, that the United in return for their investment. For all sent that the order for the quorum call States needs to be prepared to engage those efforts, I think Jack Lew could be rescinded. to protect its interests there. not have chosen a stronger or more The PRESIDING OFFICER. Without In the Coast Guard Reauthorization competent Deputy. objection, it is so ordered. Act of 2010, we required the Coast

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6801 Guard to complete a comparative busi- Leahy Nelson (NE) Stabenow predators toward the United States, ness case analysis to determine how we Levin Nelson (FL) Tester when you take your Coumadin, when Lieberman Portman Toomey can revitalize icebreaking fleet while Manchin Pryor Udall (CO) you want your wife to take her breast maximizing taxpayer dollars. This McCaskill Reed Udall (NM) cancer drug, when your daughter is study was due on October 15, and today Menendez Reid Warner going to take that birth control bill, Merkley Rockefeller I have come to the floor because the Webb then you want the Vitter amendment. Mikulski Sanders Whitehouse Moran Schumer law is being ignored. The Coast Guard Wyden But if you want safety, then defeat the and OMB have failed to deliver this re- Murkowski Shaheen amendment. Murray Snowe port that I remind you was required by Ms. SNOWE. Mr. President, today I law to be delivered to Congress days NAYS—36 wish to support Senator VITTER’s ago. Ayotte DeMint Lugar amendment regarding drug importa- Even more distressing to me is that Barrasso Enzi McCain tion from Canada. Senator VITTER has Blunt Grassley McConnell the Coast Guard is moving forward Boozman Hatch Paul been a tremendous partner and tireless with decommissioning one of only two Brown (MA) Heller Risch advocate in supporting the comprehen- of our Nation’s heavy duty icebreakers. Burr Hoeven Roberts sive drug importation legislation Sen- We think this is unwise, and it is ex- Chambliss Hutchison Rubio Coats Inhofe Sessions ator STABENOW and I introduced earlier actly why the Congress required a Coburn Isakson Shelby this year—the Pharmaceutical Market study of such an action. Surely the ad- Cochran Johnson (WI) Thune Access and Drug Safety Act—which ministration isn’t simply choosing to Cornyn Kirk Vitter now has 20 additional cosponsors. Crapo Lee Wicker flout the law by moving forward before The time for enactment of com- this cost-benefit analysis has been The nomination was confirmed. prehensive drug importation legisla- completed or reviewed by Congress. The PRESIDING OFFICER. Under tion is certainly long overdue—and the So I know Heather Higginbottom is the previous order, the motion to re- critical necessity for this legislation is probably keenly interested in the de- consider is considered made and laid actually greater . . . not less, particu- bate going on here today, and I hope upon the table. The President will be larly for those struggling in this eco- that if she is listening and if she is con- immediately notified of the Senate’s nomic environment. Over the past dec- firmed as the Deputy Director of OMB, action. ade, among working age adults—only she will take this leadership oppor- f those with Medicare coverage saw any tunity to transform the way OMB does LEGISLATIVE SESSION improvement in their ability to fill its business. It is time for OMB to stop their prescriptions. All others saw a holding up congressionally directed re- The PRESIDING OFFICER. The Sen- ate will resume legislative session. rise in their inability to obtain needed ports. I know there are a lot of smart medications. Among the uninsured people over at OMB, and they may not f more than 1 in 3 individuals went with- always like the people and their rep- AGRICULTURE, RURAL DEVELOP- out a required prescription—and in resentatives questioning their judg- MENT, FOOD AND DRUG ADMIN- those with chronic disease that number ment. However, even OMB must follow ISTRATION, AND RELATED doubles. the law, and in this case they must de- AGENCIES APPROPRIATIONS ACT At the same time, according to liver the business case analysis to Con- OF 2012—Continued AARP, over the last 5 years, the retail gress immediately. Some of the folks AMENDMENT NO. 769 prices for the most popular brand-name over at OMB may not agree with the The PRESIDING OFFICER. There drugs increased 41.5 percent, while the Congress that polar icebreaker assets will now be 2 minutes of debate, equal- consumer price index rose 13.3 percent. should be a priority. And while every- ly divided, prior to a vote in relation to So despite manufacturer assistance one is entitled to their opinion, even if the amendment, as modified, by the programs—despite the increased use of it illustrates a complete lack of under- Senator from Louisiana, Mr. VITTER. generics—the high and escalating cost standing of our national security Who yields time? The Senator from of brand-name drugs is directly im- needs, in our system of government Louisiana. pacting the health of millions. Ameri- Congress makes the laws, and at least Mr. VITTER. Mr. President, this cans have learned that other countries this Senator expects them to be fol- amendment is bipartisan. I thank the use the very same medications which lowed. bipartisan coauthors. The amendment we do, made in the very same plants, Mr. KERRY. With the consent of the would allow the reimportation of yet pay considerably less. other side, all time will be yielded small, personal use quantities of safe I look forward to working with my back. FDA-approved prescription drugs from colleagues, as well as the FDA, on op- I ask for the yeas and nays. Canada only. It is a very modest portunities to advance comprehensive The PRESIDING OFFICER. Is there a amendment. It is for personal use only, drug importation legislation in the sufficient second? There is a sufficient not large quantities, no wholesalers, months ahead. Not only does my legis- second. Canada only, no biologics, and no con- lation expand access to imported drugs The question is, Will the Senate ad- trolled dangerous substances. It is es- in countries with comparable levels of vise and consent to the nomination of sentially identical to an amendment regulation and oversight, but it also es- Heather A. Higginbottom, of the Dis- we passed on a bipartisan basis in the tablishes a higher level of safety than trict of Columbia, to be Deputy Direc- last Senate. exists today for prescription drugs sold tor of the Office of Management and I urge a strong vote in favor of this. domestically—including employing Budget? The PRESIDING OFFICER. The Sen- anticounterfeiting technologies and The clerk will call the roll. ator from Maryland is recognized. drug pedigrees to ensure the integrity The bill clerk called the roll. Ms. MIKULSKI. Mr. President, I op- of medications. In fact, it was the first The result was announced—yeas 64, pose this amendment. First, it is a to provide FDA with the resources to nays 36, as follows: budget buster. To enforce this will take improve its inspection of foreign drug [Rollcall Vote No. 171 Ex.] enormous amounts of resources. You plants, many of which today produce YEAS—64 cannot be sure that that drug coming medications marketed here by U.S. Akaka Carper Hagan from Canada is not a counterfeit, le- firms which consumers assume to be Alexander Casey Harkin thal death drug. You don’t have any ‘‘domestic’’. CBO estimates the Federal Baucus Collins Inouye enforcement procedures in here, you Government alone would save $19.4 bil- Begich Conrad Johanns lion, so the savings from drug importa- Bennet Coons Johnson (SD) don’t have the money to enforce it, and Bingaman Corker Kerry we have a history of phony drugs com- tion are undeniable and I hope that the Blumenthal Durbin Klobuchar ing into rogue Web sites through coun- Joint Select Committee on Deficit Re- Boxer Feinstein Kohl terfeit countries. duction strongly considers this option. Brown (OH) Franken Kyl Cantwell Gillibrand Landrieu If you want a drug that has been Until that time, Senator VITTER’s Cardin Graham Lautenberg made in a country that we view as legislation, which allows for personal

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6802 CONGRESSIONAL RECORD — SENATE October 20, 2011 use drug importation from Canada, rep- The Senator from Virginia. Mr. WICKER. I ask for the yeas and resents a good first step. Without ques- Mr. WEBB. Mr. President, this bill is nays. tion, the price discrepancies between the result of 41⁄2 years of work and out- The PRESIDING OFFICER. Is there a the United States and Canada are sig- reach and listening to the other side, sufficient second? nificant. For example, this week the incorporating recommendations from There is a sufficient second. average U.S. price for a 90-day supply across the political spectrum. It is paid The clerk will call the roll. of Nexium is $524.97 compared to $386.67 for. It is sunsetted at 18 months. It is The legislative clerk called the roll. in Canada. Another drug, Plavix, costs balanced philosophically and politi- The result was announced—yeas 57, $565.97 in the United States versus cally. Contrary to some of the com- nays 43, as follows: $434.65 in Canada for a 90-day supply. ments that were made, this does pro- [Rollcall Vote No. 173 Leg.] Lipitor costs $463.97 in the United vide for equal participation from both YEAS—57 States compared to $378.23 in Canada parties. Akaka Graham Murray for a 90-day supply. It has been endorsed by more than 70 Baucus Hagan Nelson (NE) Today our constituents—who pay for national organizations, including al- Begich Harkin Nelson (FL) Bennet Hatch Pryor research, who subsidize industry adver- most all of the law enforcement organi- Bingaman Inouye Reed tising, marketing, and investment—de- zations in America: International Asso- Blumenthal Johnson (SD) Reid serve access to competition and more ciation of Chiefs of Police, National Boxer Kerry Rockefeller Brown (MA) Klobuchar Sanders affordable prices. Senator VITTER’s Sheriffs Association, Fraternal Order Brown (OH) Kohl Schumer amendment has achieved strong bipar- of Police, National Association of Cantwell Landrieu Shaheen tisan support in the past, and I urge Counties, National League of Cities, Cardin Lautenberg Snowe my colleagues to vote for this amend- U.S. Conference of Mayors. Carper Leahy Stabenow Casey Levin Tester ment. It is time for us is to move forward to Conrad Lieberman Udall (CO) The PRESIDING OFFICER. The get the comprehensive advice from the Coons Manchin Udall (NM) question is on agreeing to the amend- best minds in America in terms of how Durbin McCaskill Warner Feinstein Menendez Webb ment, as modified. to fix our broken criminal justice sys- Franken Merkley Whitehouse Mr. VITTER. I ask for the yeas and tem. Gillibrand Mikulski Wyden nays. I urge a ‘‘yes’’ vote, and I reserve the NAYS—43 The PRESIDING OFFICER. Is there a balance of my time. sufficient second? The PRESIDING OFFICER. The Sen- Alexander Enzi Moran Ayotte Grassley Murkowski There is a sufficient second. ator from Oklahoma. Barrasso Heller Paul The clerk will call the roll. Mr. COBURN. Mr. President, I have Blunt Hoeven Portman The legislative clerk called the roll. talked with Senator WEBB. Some of Boozman Hutchison Risch The result was announced—yeas 45, Burr Inhofe Roberts what he wants to do is probably fine, Chambliss Isakson nays 55, as follows: but we are absolutely ignoring the U.S. Rubio Coats Johanns Sessions Coburn Johnson (WI) [Rollcall Vote No. 172 Leg.] Constitution if we do this. We have no Shelby Cochran Kirk YEAS—45 role, unless we are violating human Thune Collins Kyl Toomey Begich Grassley Pryor rights or the U.S. Constitution, to in- Corker Lee Bingaman Heller Reed volve ourselves in the criminal court Cornyn Lugar Vitter Blumenthal Johnson (SD) Rockefeller justice system or penal system in my Crapo McCain Wicker Boozman Klobuchar Sanders DeMint McConnell Boxer Kohl Sessions State or any other State. Brown (OH) Leahy Shaheen The Association of District Attor- The PRESIDING OFFICER (Mr. Cardin Lee Shelby neys is against this. There are a lot of MANCHIN). On this vote, the yeas are 57, Casey Levin Snowe the nays are 43. Under the previous Coburn McCain Stabenow times interest groups are for some- Collins McCaskill Tester thing, but we have no business deciding order requiring 60 votes for the adop- Conrad Merkley Thune from a central committee in Wash- tion of this amendment, the amend- Corker Murkowski Udall (NM) ington whether Oklahoma is meeting ment is rejected. DeMint Nelson (NE) Vitter The Senator from Arizona. Feinstein Nelson (FL) Whitehouse the requirements of its constitution Franken Paul Wyden rather than the U.S. Constitution. Mr. KYL. Mr. President, would it be in order for me to speak as in morning NAYS—55 I would urge a ‘‘no’’ vote against this, and that we honor our Constitu- business for up to 5 minutes at this Akaka Gillibrand Manchin point? Alexander Graham McConnell tion. Ayotte Hagan Menendez The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without Barrasso Harkin Mikulski ator from Texas. objection, it is so ordered. Baucus Hatch Moran (The remarks of Mr. KYL are printed Bennet Hoeven Mrs. HUTCHISON. Is there time re- Murray ECORD Blunt Hutchison maining on our side? in today’s R under ‘‘Morning Portman Business.’’) Brown (MA) Inhofe Reid The PRESIDING OFFICER. There is Burr Inouye Risch 9 seconds. The PRESIDING OFFICER. The Sen- Cantwell Isakson Roberts ator from Iowa. Carper Johanns Mrs. HUTCHISON. Mr. President, Rubio Chambliss Johnson (WI) this is the most massive encroachment Mr. GRASSLEY. Mr. President, I ask Coats Kerry Schumer on States rights I have seen in this the Chair to please inform me when I Cochran Kirk Toomey have spoken 10 minutes. For other peo- Udall (CO) body. It is $5 million on a priority we Coons Kyl ple who want to speak, I don’t think I Cornyn Landrieu Warner should not have. Crapo Lautenberg Webb I will work with the Senator from will speak that long. Durbin Lieberman Wicker Virginia to pare it down so a Federal The PRESIDING OFFICER. The Enzi Lugar commission will look at the Federal Chair will do so. The PRESIDING OFFICER. On this system. AMENDMENT NO. 860 vote, the yeas are 45, the nays are 55. Mr. WEBB. Mr. President, I ask the Mr. GRASSLEY. My amendment No. Under the previous order requiring 60 time. 860 is a good government amendment votes for the adoption of this amend- The PRESIDING OFFICER. There is for which I hope we can get broad sup- ment, the amendment is rejected. 7 seconds. port. There are special interests in AMENDMENT NO. 750 Mr. WEBB. This is not an encroach- Washington making the rounds oppos- The PRESIDING OFFICER. Under ment. I wouldn’t support an encroach- ing this amendment. These groups have the previous order, there is now 2 min- ment. It actually convenes the best argued this amendment will unduly utes equally divided prior to a vote in minds to give recommendations. burden the Justice Department, take relation to amendment No. 750, as The PRESIDING OFFICER. The Sen- away grant money for worthy causes or modified, offered by the Senator from ator’s time has expired. erroneously ban grantees from future Virginia, Mr. WEBB. The question is on agreeing to the funds. These special interests are try- Who yields time? amendment, as modified. ing to protect their income streams of

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6803 Federal grants and don’t want some- My amendment also requires the AG even reported in a 2006 report on grant body looking over their shoulder to to reimburse the Federal Treasury management that to strengthen grant make sure they are spending taxpayer from the Justice Department budget if management, Congress should ‘‘ensure dollars wisely. funds are given to an excluded entity mechanisms are of sufficient value’’ This amendment is a response to the and then requires the Department to when implementing grants. This is lack of oversight, accountability, and recoup lost grant money from those GAO speak for including a matching responsibility for how American tax- grantees. It also includes a limitation requirement so grantees are financially payer dollars are spent by grant recipi- on conference spending at the Depart- involved, not simply spending Federal ents. It is a response to my work in the ment. Just a few weeks ago, the inspec- taxpayer dollars. Judiciary Committee, uncovering tor general issued an audit on con- That said, I wanted to modify my fraud, misappropriation of funds, off- ference spending at the Department. amendment and strike this provision. shore bank accounts by nonprofit orga- We all heard about this audit, which However, I understand people on the nizations. revealed $16 muffins, the $32 Cracker other side of the aisle objected to that Can you understand that? Nonprofit Jack snacks, $5 cans of cola, the beef request so it would be easier to defeat organizations in America have offshore wellington appetizers, and other abuse my amendment. Remember, this is an bank accounts, and many other she- of the money of the taxpayers by the amendment Republicans and Demo- nanigans are occurring in grant pro- Justice Department. What we have not crats accepted in the Judiciary Com- grams administered by the Justice De- heard is how, by this administration, mittee. This is big money at stake with partment. spending at the Justice Department in- Federal grants. Talk about special in- To fix this, my amendment includes creased from $47 million in fiscal year terests, the special interests have spo- an accountability and fraud prevention 2008 to 1 year later $73 million and now ken. Those who oppose my amendment package for grants administered by the 2 years later $91 million. Despite the oppose holding grantees accountable Department of Justice. I am glad to re- biggest Federal deficit in history, the for how they spend taxpayer dollars. port the National Taxpayers Union, an Justice Department, under this admin- Those who oppose my amendment are independent nonpartisan advocate for istration, has doubled spending on con- supporting giving nonprofit charities taxpayers, supports the amendment. with money in offshore bank accounts ferences in just 2 years. This is unac- For the last decade the inspector taxpayer dollars. It will be interesting ceptable, and it is why my amendment general has continuously labeled grant to see who opposes this provision, espe- requires the Deputy Attorney General management at the Department of Jus- cially given the fact that everyone tice a top management and perform- to sign off on all conference spending. My amendment would prohibit the should oppose giving taxpayer dollars ance challenge. That is from the in- Attorney General from providing any to those who hold money offshore. spector general. Despite the large sums My amendment is a commonsense grant to a nonprofit charity that holds of money the Department provides the way to ensure that taxpayer dollars are money in offshore bank accounts for grantees, the inspector general has re- protected. It is something we should peatedly found inadequate controls on the purpose of evading Federal taxes. If have done long ago. I encourage all my spending, inadequate oversight, and a it is nonprofit, one would think they colleagues to join me and send a signal general failure to ensure that taxpayer would be using their money for non- that waste, fraud, and abuse of tax- dollars are spent by grantees in accord- profit purposes. payer dollars has no place in a Federal This provision was the result of an ance with the programs. grant programs at the Department of investigation I conducted into the Boys Each year, the inspector general au- Justice. That would include all of them and Girls Club of America, the national dits only a small fraction of grants but particularly to organizations that awarded by the Department. In fact, umbrella organization for thousands of hold money offshore to avoid taxes. last year the inspector general audited local clubs. In response to my inquiry, I yield the floor. 21 grant recipients. Keep the figure 21 the Boys and Girls Club of America ad- The PRESIDING OFFICER. The Sen- in mind. The inspector general ques- mitted that, despite closing hundreds ator from Oregon. tioned more than one-quarter of all the of clubs nationwide, it held nearly $222 AMENDMENT NO. 879, AS MODIFIED taxpayer dollars these grantees re- million in investment, of which $54 Mr. MERKLEY. Mr. President, when ceived. These questioned costs oc- million was in offshore investments our American government spends curred on a random selection of grant- and another $54 million in partner- money on infrastructure, core infra- ees and represent less than 1 percent of ships. When asked why this money was structure, we should look first to the total grant recipients. So we only held offshore, I was told it was held to American companies and American audit—go over 1 percent, but of that 1 ‘‘ . . . avoid issues with unrelated Busi- workers. But this doesn’t always hap- percent, 25 percent of them were found ness Income Tax generated by hedge pen. In fact, recently, there was a bid to have a waste of taxpayers’ money or funds that use leverage.’’ proposal in Alaska to build a bridge not proper accounting. I support the mission of the Boys and with America’s taxpayer money and a Perhaps the most concerning part of Girls Clubs, truly I do. It is true noth- Chinese company employing Chinese these audits is that they are randomly ing they did was illegal. However, steel outbid the American company selected. If the inspector general’s ran- given our current fiscal crisis, I cannot using American steel. This was a big dom selection of grantees universally support Federal tax dollars being surprise in that normally there is a uncovers unauthorized errors, then we awarded as grants to those who hold framework that helps ensure American can see why we have a much larger millions of dollars offshore—I should companies and American workers are problem. If the findings of the audit say tens of millions of dollars offshore. able to do the infrastructure projects from 2011 were extrapolated through all Finally, I will note that my amend- we are funding with our taxpayer dol- the grants, that would mean nearly ment includes a 25-percent matching lars so we are creating jobs here at $500 million in questionable costs annu- requirement for grantees, as I heard home. ally. the special interest lobbyists have been It turns out there is a loophole; My amendment requires the inspec- calling and sending panicked messages whereas, this basic framework covers tor general to audit 10 percent of the to many Members in the Senate oppos- highways, it covers commuting rail, it grants. It also requires the Attorney ing the matching requirement, arguing covers passenger rail but doesn’t apply General to ban grantees for 2 years if it would shut off Federal money to to freight rail. This was a freight they are found to have serious prob- many grantees. bridge on tracks that do not also have lems that have gone unremedied for This provision mirrors one recently passenger trains on them. I don’t know longer than 6 months after the inspec- included at a Judiciary Committee how many tracks in America only have tor general makes a negative finding. markup supported by all Judiciary freight and not passenger, but when ev- By requiring this remedy within 6 Committee Democrats and some Re- erything got sorted out through the ap- months, it ensures there is enough publicans. Matching requirements are peal process, that is what it came down time to fix inadvertent mistakes but often required by grant programs that to. also ensures that truly bad actors are virtually all members have supported. This afternoon, we will have a simple taken off the government rolls. The Government Accountability Office amendment that makes this piece of

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6804 CONGRESSIONAL RECORD — SENATE October 20, 2011 the infrastructure more consistent one of them. The rebels took the cap- missiles. It should be a top priority of with the rest of the infrastructure ital largely intact. Only the Qadhafi the United States to buy or gain cus- world. The industrial might of this Na- compound was blown away. There was tody of those missiles again before tion was built on American railroads anti-Qadhafi graffiti—obviously spon- they become a threat to civil aircraft made from American steel. We often taneous—everywhere, and some of the around the world. say: Wow, there is a loophole you can most popular people in the city were In the end, as I said, this is a victory drive a freight train through. In this U.S. citizens. for the administration, for the men and case, you actually can drive a freight While many people in Libya do not women of the U.S. military, but espe- train through the loophole. That is fully know the position of Senator cially for the people of Libya. If we what we need to fix. MCCAIN, they knew he was an Amer- take the steps I just outlined—security At a time when Americans every- ican leader. Throughout our visit, they for the chemical weapons arsenal, re- where are searching for jobs, we should came out to thank him for the aircraft covery of the surface-to-air missiles, be supporting American companies they saw overhead that they felt equal- support for early elections, and med- that employ and hire Americans, use ized the battle between them and their ical care with the provision of a U.S. American steel when American tax- government, between the professional hospital ship—I think we will lock in payer dollars are employed. army of Muammar Qadhafi, the people the winning of a new, very pro-U.S. In the framework for infrastructure, of Misrata, the people of Tripoli, and ally in the Middle East. there are some exceptions. Those ex- the people of Benghazi. With that, I yield the floor. ceptions in this amendment are exactly We have the makings of a very pro- The PRESIDING OFFICER. The Sen- the same exceptions that are provided U.S. ally. Millions of Libyans right ator from Ohio. Mr. BROWN of Ohio. Mr. President. I in the rest of the infrastructure pic- now are very thankful for the United rise to speak on amendment No. 874, ture; that is, the Secretary of Trans- States. They feel the aircraft overhead my amendment on housing discrimina- portation can waive this requirement that equalized this battle were almost tion. My understanding is, when we as- for U.S.-produced steel, iron, and man- all American. In reality, many of those semble for a series of votes at 2 o’clock, ufactured products if the application is aircraft were British and French from this vote will be voice voted, and I par- inconsistent with the public interest. our NATO allies. But because of that ticularly appreciate the work of Sen- That is a pretty broad ground on which pro-American feeling, the new govern- ator COLLINS, the ranking minority the Secretary can make a determina- ment there is likely to be overwhelm- member of the subcommittee, and tion; more specifically, if the materials ingly pro-American. chairwoman PATTY MURRAY for her and products are not available in suffi- As we look to a now-secure post-Qa- work and Senator SANDERS for his sup- dhafi environment, we have to make cient quantity or quality from the port and cosponsorship. American manufacturer or if the inclu- several points. Housing discrimination, as we know, First, when we were there, leaders sion of the domestic material would in- prevents hard-working families from were obviously afraid that as long as crease the cost of the project by my buying homes in the neighborhood of more than 25 percent. This is a small he lived, Qadhafi could make a come- their choosing. Housing discrimination change that fills in or eliminates a back. That now no longer looks pos- not only violates Federal law, it is a loophole you can drive a freight train sible at all. barrier to economic mobility. It is a Second, to head off Islamists who through. morally wrong practice with real-world The bottom line is this: If we don’t may try to form a party, Prime Min- implications. build things in America, we will not ister Jibril wanted to call for early A study by the Miami Valley Fair have a middle class in America. Our elections. We should help him call Housing Coalition, located in Dayton, taxpayer dollars should go to create early elections because right now the OH, found that foreclosed properties in good, living-wage jobs for our workers rebel TNC government is overwhelm- predominately African-American here at home in these core infrastruc- ingly popular and would be elected. neighborhoods in that city are kept in ture projects, not to create jobs in Next, we have to unify military au- significantly worse condition than China. thority with the new rebel government. foreclosed properties in White neigh- I urge my colleagues to support this We were briefed that there are 28 sepa- borhoods. That is bad for local prop- amendment. rate militias in Tripoli. We should erty values, and it is bad for local gov- I note the absence of a quorum. unify military command under them to ernments that rely on property tax The PRESIDING OFFICER. The make sure any sectarian violence does revenues because we know what that clerk will call the roll. not break out with the victory that has does for home prices. The assistant legislative clerk pro- come at hand. That is why the Department of Hous- ceeded to call the roll. Libya is a unique country that does ing and Urban Development instituted The PRESIDING OFFICER. The Sen- not need foreign assistance from the the Fair Housing Initiatives Program, ator from Illinois. United States. We have seized 34 billion so-called FHIP. FHIP invests in the Mr. KIRK. Mr. President, I ask unan- of their dollars and over $100 billion in private fair housing organizations that imous consent that the order for the a seized account worldwide. They need help enforce antidiscrimination laws. quorum call be rescinded. assistance. They need medical backup, My amendment would put FHIP The PRESIDING OFFICER. Without training for their army, support for funding on equal footing with the objection, it is so ordered. their elections, but they can pay for it. House legislation, increasing it to near Mr. KIRK. I ask unanimous consent One thing they asked of us that we its fiscal year 2011 level—exactly what to speak as in morning business for 3 should provide is a hospital ship. USNS the House did. minutes. Comfort should be allowed to go to This is about maintaining level fund- The PRESIDING OFFICER. Without Libya to care for those who were ing so fair housing organizations will objection, it is so ordered. wounded in this battle. We were told not be forced to lay off hundreds of em- LIBYA 25,000 citizens of Libya died in this rev- ployees across the country. Mr. KIRK. Mr. President, we all saw olution and 60,000 were wounded. The This amendment is effective. Fair the news, yet to be confirmed, that United States should help care for housing organizations investigated 65 General Qadhafi is dead. This is a vic- them, and the Libyan Government percent of the Nation’s complaints of tory for our men and women in uni- should reimburse us for that effort. housing discrimination—nearly twice form, for the United States, for the ad- When we look to the future, we also as many as all government agencies ministration, but, most importantly, have a couple of key challenges. We combined. for the people of Libya. were briefed that Qadhafi’s chemical This amendment is efficient. It saves Senators MCCAIN, GRAHAM, RUBIO, weapons stockpile was secure, and I money by streamlining the claims in- and I had the privilege 20 days ago of think it is, but we need to keep it that vestigation process. traveling to Tripoli. I was quite sur- way. We were also briefed that the ar- My amendment is fully paid for, prised at what I saw. Considering other senals of Libya were looted, including transferring money from HUD’s Work- war zones, Tripoli did not appear to be thousands of handheld surface-to-air ing Capital Fund.

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6805 Discrimination should never be toler- made pending. Until we are able to dis- get a couple more police officers to ated. Especially in these challenging pense or dispose of some of these pend- help out because of crime problems, economic times, it would be particu- ing amendments, I must object. said: No. Get me a Boys and Girls Club. larly devastating to cut fair housing The PRESIDING OFFICER. Objec- Get me a place for young people to go. programs any further. tion is heard. I know in Vermont they do a great I again thank Senator MURRAY and Mr. HATCH. Mr. President, I hope to deal, as they do in most States. If there Senator COLLINS, the top two mem- be able to work with my colleagues on are reforms that should be made, let’s bers—one in each party—of the Trans- the other side. This should not be a dif- do them, but not just cut out the fund- portation, Housing, and Urban Devel- ficult exercise. It is just a smart thing ing in a one-size-fits-all way at a time opment Subcommittee. I thank Sen- to do. Once again, I am certain this when we are doing everything possible ator SANDERS for cosponsoring this amendment would have the support of to give young people a different goal amendment. a broad majority, a bipartisan major- than going out into a life where they I urge a ‘‘yes’’ vote from my col- ity, of my colleagues. might do things none of us would agree leagues when this amendment comes If the other side wants to prevent a with. forward for a voice vote in a few min- vote—keeping in mind that the vast This amendment would greatly re- utes. majority of the American people sup- strict the Department of Justice’s abil- Mr. President, I ask unanimous con- port these provisions—I hope they will ity to spend funds for salaries of its sent that the 60-affirmative vote re- be able to explain it to their constitu- own people. Is that going to lead to quirement under the previous order for ents. I hope there will be a reconsider- huge cuts in prosecutors and agents? the Brown amendment No. 874, as ation of this amendment and that we Are we going to be imposing a salary modified, be vitiated. can get it up and get this matter solved cap on top of the one the President has The PRESIDING OFFICER. Without once and for all. I understand the dis- already imposed? Are we going to be objection, it is so ordered. tinguished Senator has to object, and I losing some of our best people? Are we The Senator from Utah. feel very disappointed in that, but going to be unable to develop experi- Mr. HATCH. Mr. President, on behalf sooner or later we are going to vote on enced law enforcement officers or pros- of myself and 32 cosponsors—both Re- this amendment, one way or the other. ecutors? publicans and Democrats—I ask unani- The PRESIDING OFFICER. The Sen- I know, in law enforcement and pros- ator from Vermont. mous consent that the current matter ecution, we value experience. We do be set aside and amendment No. 875 be AMENDMENT NO. 860 not want to go for the lowest common called up and made pending. Mr. LEAHY. Mr. President, I rise in denominator. We want people who are Mr. KOHL. Mr. President, I object. my capacity as chair of the Judiciary experienced. The PRESIDING OFFICER. Objec- Committee to say I oppose amendment Again, a willy-nilly amendment does tion is heard. No. 860. It is a one-size-fits-all ap- not help. Mr. HATCH. Mr. President, I under- proach. It would have catastrophic con- The amendment includes a grant- stand there is an agreement regarding sequences to the Justice Department matching requirement. But in some the disposition of amendments already and on the important work the Justice programs, grant matching is not a good in place, but I believe this amendment Department does in supporting local idea. Let me tell you about one, legis- deserves consideration and a vote. law enforcement, crime victims, and lation that former Senator Ben It is a noncontroversial matter, as justice across the country. Nighthorse Campbell and I put to- I have worked with my good friend far as I am concerned. It would simply gether. It has worked very well. It is from Iowa, Senator GRASSLEY, on make permanent 10 separate appropria- the Leahy Bulletproof Vest Partner- many issues. We have been able to, in tions riders relating to firearms. The ship Grant Program for local jurisdic- a bipartisan way, develop account- House CJS bill did the same thing, but tions. We have, in some local jurisdic- ability measures to ensure that par- these changes have been taken out of tions, the ability to waive matching ticular grants administered by the De- the Senate substitute amendment. provisions. partment of Justice operate efficiently Each of these riders has been in place We have seen a rise in the number of and effectively. That is particularly for a long time—some more than 30 assaults and murders of police officers important at a time of budget aus- years. These clarifying provisions have across this country. Many officers’ terity. We have done it in specific con- been enacted year after year to pre- lives have been saved because they texts when those measures make a lot serve the rights of law-abiding gun have had bulletproof vests under the of sense. owners and prevent encroachments on For example, in the course of our ne- Leahy program. They would have died the part of the executive branch. gotiations of a bipartisan version of otherwise. But they are in small de- It does not need to be a yearly exer- the Trafficking Victims Protection Re- partments, in small departments in cise. There is widespread support for authorization Act, we worked out spe- States that could not afford the $500 or each of these provisions contained in cific proposals. Nonetheless, six of the $600 per bulletproof vest. Yet we expect my amendment. Once again, they have eight Republicans on the Judiciary these police officers to be out at 3 never been the subject of any signifi- Committee opposed this bill. o’clock in the morning, usually with no cant controversy. My amendment But one size does not fit all. Meas- backup. But if they are in a small, would simply make them permanent so ures that make sense in one program rural park in West Virginia or Vermont we do not have to bring them up all the cannot willy-nilly be applied to others or all these other States, they do not time. without careful consideration of the have any backup. They are out there This amendment would likely pass consequences to the programs and, to alone. We ought to give them the kind with more than 60 or 70 votes. I hope the intended beneficiaries in local law of protection they need. the leadership and the managers on the enforcement, and crime victims. I want our police officers in rural other side of the aisle will not simply A one-size-fits-all measure actually communities who do not have the accede to the wishes of a minority of might harm rather than help impor- budgeting of a big city department to Senators who are hostile to second tant functions at the Department of have this kind of protection. So if we amendment rights by preventing a vote Justice. put a matching requirement by fiat— on this amendment. For example, this amendment would again, one-size-fits-all—we have a lot I ask again for unanimous consent to prevent grants to the Boys and Girls of rural police departments that are set aside the pending matter and call Clubs of America. I know some have going to be badly hurt. up amendment No. 875. criticized some aspects of the Boys and What about crime victims? Crime The PRESIDING OFFICER. Is there Girls Clubs, and I would be happy to victims have already suffered great objection? work with any Senator to work out loss. Are we going to say: We can help Mr. KOHL. Mr. President, I object. these issues. But the Boys and Girls you out, but pony up some money. We have a good number of amendments Clubs of America do great work. Pony up a matching requirement, and already pending, and we have a list of I remember one police chief in my then we will come in and help you. We amendments already in order to be State, when asked if I could help him are going to spend a fortune on the guy

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6806 CONGRESSIONAL RECORD — SENATE October 20, 2011 we lock up who committed a crime. We work more important than protecting (c) LABOR COSTS.—For purposes of this sub- will spend $30,000, $35,000 a year on that our children from the evils of abuse section (b)(2)(C), labor costs involved in final person. We are not going to ask for any and exploitation, but this amendment assembly shall not be included in calculating matching money from the criminal. would make that work much harder be- the cost of components. (d) MANUFACTURING PLAN.—The Secretary But we are going to say to the victim: cause the National Center receives Jus- of Transportation shall prepare, in conjunc- We can help you, but, sorry—I know tice Department grants, but it does not tion the Secretary of Commerce, a manufac- you lost all this money; I know you have matching funds. turing plan that— have been beaten, you have been Time is running out. I could tell (1) promotes the production of products in bruised, you have been injured—you some stories. I could tell some stories the United States that are the subject of have to come up with some money be- about what happens to these children waivers granted under subsection (b)(2)(B); fore we can help you. The guy who did who are exploited and abused, and it (2) addresses how such products may be would have everybody in tears. It did produced in a sufficient and reasonably it, we will take care of him. We will available amount, and in a satisfactory qual- pay for that. But we cannot help you. me when I saw them as a prosecutor, and it does every day when I read these ity, in the United States; and No, no, no, no, no, no, no. I was a (3) addresses the creation of a public data- prosecutor for 8 years. I know how reports as chairman of the Senate Ju- base for the waivers granted under sub- these victims suffer. They are usually diciary Committee. section (b)(2)(B). the forgotten person in the criminal My God, if we can go and try to pro- (e) WAIVER NOTICE AND COMMENT.—If the justice system. The headlines are: So tect people around the world, let’s pro- Secretary of Transportation determines that tect our children here at home. and so was arrested. They are marched a waiver of subsection (b)(1) is warranted, I agree with Senator GRASSLEY that the Secretary, before the date on which such off. We are going to prosecute them. we need rigorous accountability meas- determination takes effect, shall— That is good. They should be. I pros- ures. Of course, we should. We do this (1) post the waiver request and a detailed ecuted a lot of those people. But the in our hearings every week in the Judi- written justification of the need for such victim is the one forgotten. Victims ciary Committee. GAO does it. The in- waiver on the Department of Transpor- and others most in need of assistance spector general does it. But do not do a tation’s public website; are those least likely to be able to pro- (2) publish a detailed written justification one-size-fits-all that is going to say to of the need for such waiver in the Federal vide matching funds. Rural commu- our victims, that is going to say to nities, small nonprofit providers, Register; and rape victims, that is going to say to ex- (3) provide notice of such determination tribes, and States that are facing their ploited children or that is going to say and an opportunity for public comment for a own problems should not have another to our police officers, who are told to reasonable period of time not to exceed 15 funding mandate put on them from go out there without a bulletproof vest days. Washington. but to defend you and me in the middle (f) STATE REQUIREMENTS.—The Secretary The new matching requirement and of the night: Sorry, sorry, sorry. The of Transportation may not impose any limi- other requirements in this amendment wealthiest Nation on Earth cannot tation on amounts made available under this title to carry out parts A and B of subtitle V would impose new burdens on all help you. money going to State and local law en- of title 49, United States Code, which— No; I oppose this amendment. (1) restricts a State from imposing require- forcement through the COPS Program I yield the floor. ments that are more stringent than the re- and many of the Byrne-JAG programs. AMENDMENT NO. 879, AS MODIFIED quirements under this section on the use of It would prevent many police depart- The PRESIDING OFFICER. Under articles, materials, and supplies mined, pro- ments from hiring and keeping the offi- the previous order, there is now 2 min- duced, or manufactured in foreign countries, cers they need. That is why the Na- utes equally divided prior to a vote in in projects carried out with such assistance; tional District Attorneys Association relation to amendment No. 879 offered or and the National Association of Police by the Senator from Oregon, Mr. (2) prohibits any recipient of such amounts from complying with State requirements au- Organizations have expressed their op- MERKLEY. Mr. MERKLEY. Mr. President, I have thorized under paragraph (1). position to this amendment. (g) CERTIFICATION.—The Secretary of At one time, I had the honor of serv- a modification at the desk. Transportation may authorize a manufac- ing as vice president of the National The PRESIDING OFFICER. The turer or supplier of steel, iron, or manufac- District Attorneys Association. They amendment will be so modified. tured goods to correct, after bid opening, any care. They care about law enforcement. The amendment, as modified, is as certification of noncompliance or failure to They care about prosecutors. They care follows: properly complete the certification (except about victims. We ought to listen to On page 264, between lines 9 and 10, insert for failure to sign the certification) under this section if such manufacturer or supplier them. the following: SEC. 153. BUYING GOODS PRODUCED IN THE attests, under penalty of perjury, and estab- It also would burden grants awarded UNITED STATES. lishes, by a preponderance of the evidence, through the Debbie Smith Act to re- (a) COMPLIANCE.—None of the funds made that such manufacturer or supplier sub- duce backlogs in testing rape kits. available under this title to carry out parts mitted an incorrect certification as a result There are rapists who go free because A and B of subtitle V of title 49, United of an inadvertent or clerical error. we do not have the money to test the States Code, may be expended by any entity (h) REVIEW.—Any entity adversely affected rape kits. Tell that to a victim. Tell unless the entity agrees that such expendi- by an action by the Department of Transpor- that to the victim: We do not have the tures will comply with the requirements tation under this section is entitled to seek under this section. judicial review of such action in accordance money to go get the person who did (b) PREFERENCE.— with section 702 of title 5, United States this. I am not going to vote in a way (1) IN GENERAL.—Notwithstanding any Code. that I am going to be telling that vic- other provision of law, the Secretary of (i) MINIMUM COST.—The requirements tim: We cannot help you. We cannot Transportation may not obligate any funds under this section shall only apply to con- test that rape kit. appropriated under this title to carry out tracts for which the costs exceed $100,000. The Debbie Smith grant program has parts A and B of subtitle V of title 49, United (j) CONSISTENCY WITH INTERNATIONAL received bipartisan support. It helps to States Code, unless all the steel, iron, and AGREEMENTS.—This section shall be applied manufactured products used in the project ensure that rape victims will not have in a manner consistent with United States are produced in the United States. obligations under international agreements. to continue to live in fear because (2) WAIVER.—The Secretary of Transpor- (k) FRAUDULENT USE OF ‘‘MADE IN AMER- somebody said: It is going to take a few tation may waive the application of para- ICA’’ LABEL.—An entity is ineligible to re- months to test this because we do not graph (1) in circumstances in which the Sec- ceive a contract or subcontract made with have the money. By the way, lock your retary determines that— amounts appropriated under this title to door. He might come back. (A) such application would be inconsistent carry out parts A and B of subtitle V of title I am not going to vote for that. with the public interest; 49, United States Code, if a court or depart- The matching requirement would be (B) such materials and products produced ment, agency, or instrumentality of the Gov- devastating to the National Center for in the United States are not produced in a ernment determines that the person inten- sufficient and reasonably available amount tionally— Missing and Exploited Children, which or are not of a satisfactory quality; or (1) affixed a ‘‘Made in America’’ label, or a works hard every day to keep our chil- (C) inclusion of domestic material would label with an inscription having the same dren safe from those who would do increase the cost of the overall project by meaning, to goods sold in or shipped to the them harm. It is hard to think of any more than 25 percent. United States that are used in a project to

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6807 which this section applies, but were not pro- The Senator from Ohio (Mr. BROWN), for utes equally divided prior to a vote in duced in the United States; or himself and Mr. SANDERS, proposes an relation to amendment No. 860 offered (2) represented that goods described in amendment numbered 874, as modified, to by the Senator from Iowa, Mr. GRASS- paragraph (1) were produced in the United amendment No. 738. LEY. States. Mr. BROWN of Ohio. I ask unanimous The Senator from Iowa. Mr. LEAHY. Mr. President, I yield consent that reading of the amendment Mr. GRASSLEY. Mr. President, this back all time. be dispensed with. is a good-government amendment, and The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without it goes after the Justice Department objection, it is so ordered. objection, it is so ordered. grant management program because Mr. LEAHY. I ask for the yeas and (Purpose: To increase amounts made avail- the inspector general has had grant nays. able to carry out section 561 of the Housing management at the top of his 10 major The PRESIDING OFFICER (Mr. and Community Development Act of 1987, management challenges. The inspector and to provide an offset) SANDERS). Is there a sufficient second? general says that management of On page 333, line 9, strike ‘‘$35,940,000’’ and There is a sufficient second. grants at the Justice Department is The question is on agreeing to the insert ‘‘$42,500,000’’. abominable, so this amendment is try- amendment. On page 336, line 1, strike ‘‘$199,035,000’’ and ing to take care of what the inspector The clerk will call the roll. insert ‘‘$192,475,000’’. On page 333, line 8, strike ‘‘$64,287,000’’ and general has said is needed to be done The bill clerk called the roll. insert ‘‘$70,847,000’’. Mr. DURBIN. I announce that the for a long period of time. Grant recipi- Mr. BROWN of Ohio. Mr. President, ents would be held to basic principles Senator from New Jersey (Mr. LAUTEN- housing discrimination not only vio- of accountability. There are only a BERG) is necessarily absent. The PRESIDING OFFICER. Are there lates our laws, it is a barrier to eco- handful of grants audited each year, any other Senators in the Chamber de- nomic mobility. This amendment but out of that handful 25 percent talk siring to vote? would put FHIP funding on equal foot- about mismanagement, fraud, and The result was announced—yeas 55, ing with the House legislation. It is things of that nature. nays 44, as follows: about maintaining level funding so A vote against my amendment would that fair housing organizations won’t be a vote to allow fraud, waste, and [Rollcall Vote No. 174 Leg.] be forced to lay off hundreds of employ- abuse of taxpayer-funded grant pro- YEAS—55 ees across the country. The amend- grams. A vote against my amendment Akaka Gillibrand Nelson (FL) ment is effective. Fair housing organi- would allow nonprofit charities to con- Baucus Graham Pryor Begich Hagan Reed zations investigated 65 percent of the tinue to hold money in offshore bank Bennet Harkin Reid Nation’s complaints—nearly twice as accounts for tax purposes and still re- Bingaman Inouye Rockefeller many as all other government agencies ceive Federal grants. I have a letter in Blumenthal Johnson (SD) Sanders Blunt Kerry combined. It is efficient and saves my office that justifies $54 million in Schumer money by streamlining the claims offshore accounts. Boxer Klobuchar Shaheen Brown (OH) Kohl Shelby process. I hope my colleagues will vote for Cantwell Landrieu Snowe My amendment is paid for by trans- this good-government amendment. Cardin Leahy Stabenow Carper Levin ferring funds from HUD’s working cap- The PRESIDING OFFICER. The Sen- Casey Manchin Tester ital fund. I thank the chair and rank- ator from Vermont. Udall (CO) Collins McCaskill ing member, Senators MURRAY and Mr. LEAHY. Mr. President, I have Conrad Menendez Udall (NM) OLLINS worked with my good friend from Iowa Coons Merkley Webb C , for supporting this amend- Durbin Mikulski Whitehouse ment, and Senator SANDERS for cospon- on accountability measures and will Feinstein Murray Wyden soring it. continue to do so but not for this Franken Nelson (NE) The PRESIDING OFFICER. Who amendment. NAYS—44 yields time in opposition? This is a one-size-fits-all. There is a Alexander Grassley McConnell Mr. KOHL. I yield back our time. reason the National District Attorneys Ayotte Hatch Moran The PRESIDING OFFICER. If there Association and a reason the National Barrasso Heller Murkowski is no further debate, the question is on Association of Police Organizations op- Boozman Hoeven Paul Brown (MA) Hutchison agreeing to the amendment. pose it. This would make it impossible Portman The amendment (No. 874) was agreed Burr Inhofe Risch for small, rural communities to get Chambliss Isakson Roberts to. bulletproof vests under the Leahy- Coats Johanns Rubio AMENDMENT NO. 815 Campbell bulletproof vest program. Coburn Johnson (WI) Sessions Cochran Kirk The PRESIDING OFFICER. Under This would make it impossible for Thune Corker Kyl the previous order, there will now be 2 some of the small departments to have Toomey Cornyn Lee minutes of debate equally divided prior the money to pay for rape kits, so they Crapo Lieberman Vitter DeMint Lugar Warner to a vote on amendment No. 815, of- would have to tell the rape victim: Enzi McCain Wicker fered by the Senator from Kansas, Mr. Sorry, we can’t go after the person who NOT VOTING—1 MORAN. Who yields time? raped you, even though they might Mr. KOHL. Mr. President, we yield come back, because we don’t have the Lautenberg back our time. money. We don’t have the money to The PRESIDING OFFICER. On this The PRESIDING OFFICER. The Sen- test this rape kit. vote, the yeas are 55, the nays are 44. ator from Kansas is recognized. This is a one-size-fits-all that is Under the previous order requiring 60 Mr. MORAN. Mr. President, the pend- going to hurt law enforcement. It is votes for the adoption of the amend- ing business before the Senate is an going to hurt victims. We will pay the ment, the amendment is rejected. amendment I offered yesterday, Moran price of the person we lock up, but we AMENDMENT NO. 874, AS MODIFIED, TO No. 815. There has been agreement that won’t do anything to help the victim? AMENDMENT NO. 738 it will be accepted on voice vote, and I I oppose it. The PRESIDING OFFICER. Under appreciate the leadership of Chairman Mr. GRASSLEY. It is supported by the previous order, there is now 2 min- KOHL and Ranking Member BLUNT. the National Taxpayers Union. utes of debate equally divided prior to I yield the remaining time, and I Mr. LEAHY. I stand with the pros- a vote in relation to amendment No. yield the floor. ecutors and the police who oppose it. 874, as modified, offered by the Senator The PRESIDING OFFICER. If there The PRESIDING OFFICER. All time from Ohio. is no further debate, the question is on has expired. The Senator from Ohio is recognized. agreeing to the amendment. The question is on agreeing to the Mr. BROWN of Ohio. Mr. President, I The amendment (No. 815) was agreed Grassley amendment No. 860. call up amendment No. 874. to. Mr. GRASSLEY. I ask for the yeas The PRESIDING OFFICER. The AMENDMENT NO. 860 and nays. clerk will report. The PRESIDING OFFICER. Under The PRESIDING OFFICER. Is there a The legislative clerk read as follows: the previous order, there is now 2 min- sufficient second?

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6808 CONGRESSIONAL RECORD — SENATE October 20, 2011 There appears to be a sufficient sec- (i) the number of full-time employees who other than the Government Accountability ond. administer the program; and Office. The clerk will call the roll. (ii) the number of full-time equivalents (4) The terms ‘‘performance indicator’’, The legislative clerk called the roll. (whose salary is paid in part or full by the ‘‘performance goal’’, ‘‘output measure’’, and The result was announced—yeas 46, Federal Government through a grant, con- ‘‘program activity’’ have the meanings pro- tract, subaward of a grant or contract, coop- vided by section 1115 of title 31, United nays 54, as follows: erative agreement, or other form of financial States Code. [Rollcall Vote No. 175 Leg.] award or assistance) who assist in admin- (5) The term ‘‘program’’ has the meaning YEAS—46 istering the program; and provided by the Director of the Office of Alexander Graham McConnell (3) identify programs within the Federal Management and Budget and shall include, Ayotte Grassley Moran Government (whether inside or outside the with respect to an agency, any organized set Barrasso Hatch Paul agency) with duplicative or overlapping mis- of activities directed toward a common pur- Blunt Heller Portman sions, services, and allowable uses of funds. pose or goal undertaken by the agency that Boozman Hoeven Risch (b) With respect to the requirements of includes services, projects, processes, or fi- Burr Hutchison Roberts subsections (a)(1) and (a)(2)(B), the head of nancial or other forms of assistance, includ- Chambliss Inhofe Rubio an agency may use the same information ing grants, contracts, cooperative agree- Coats Isakson Sessions provided in the catalog of domestic and Coburn Johanns ments, compacts loans, leases, technical sup- Shelby international assistance programs in the Cochran Johnson (WI) port, consultation, or other guidance. Snowe Collins Kirk case of any program that is a domestic or Thune international assistance program. (e)(1)(A) Section 6101 of title 31, United Corker Kyl States Code, is amended by adding at the end Cornyn Lee Toomey (c) Not later than February 1 of each fiscal Crapo Lugar Vitter year, the head of each agency shall publish the following: DeMint Manchin Wicker on the official public website of the agency a ‘‘(7) The term ‘international assistance’ Enzi McCain report containing the following: has the meaning provided by the Director of the Office of Management and Budget and NAYS—54 (1) The information required under sub- section (a) with respect to the preceding fis- shall include, with respect to an agency, as- Akaka Gillibrand Murray cal year. sistance including grants, contracts, com- Baucus Hagan Nelson (NE) (2) The latest performance reviews (includ- pacts, loans, leases, and other financial and Begich Harkin Nelson (FL) Bennet Inouye Pryor ing the program performance reports re- technical support to— Bingaman Johnson (SD) Reed quired under section 1116 of title 31, United ‘‘(A) foreign nations; Blumenthal Kerry Reid States Code) of each program of the agency ‘‘(B) international organizations; Boxer Klobuchar Rockefeller identified under subsection (a)(1), including ‘‘(C) services provided by programs admin- Brown (MA) Kohl Sanders performance indicators, performance goals, istered by any agency outside of the terri- Brown (OH) Landrieu Schumer output measures, and other specific metrics tory of the United States; and Cantwell Lautenberg Shaheen used to review the program and how the pro- ‘‘(D) services funded by any agency pro- Cardin Leahy Stabenow Carper Levin Tester gram performed on each. vided in foreign nations or outside of the ter- Casey Lieberman Udall (CO) (3) For each program that makes pay- ritory of the United States by non-govern- Conrad McCaskill Udall (NM) ments, the latest improper payment rate of mental organizations and entities. Coons Menendez Warner the program and the total estimated amount ‘‘(8) The term ‘assistance program’ means Durbin Merkley Webb of improper payments, including fraudulent each of the following: Feinstein Mikulski Whitehouse payments and overpayments. ‘‘(A) A domestic assistance program. Franken Murkowski Wyden (4) The total amount of unspent and unob- ‘‘(B) An international assistance pro- The PRESIDING OFFICER. On this ligated program funds held by the agency gram.’’. vote, the yeas are 46, the nays are 54. and grant recipients (not including individ- (B)(i) Section 6102 of title 31, Untied States Under the previous order requiring 60 uals) stated as an amount— Code, is amended— votes for the adoption of this amend- (A) held as of the beginning of the fiscal (I) in subsection (a), in the matter pre- year in which the report is submitted; and ceding paragraph (1), by striking ‘‘domestic’’ ment, the amendment is rejected. (B) held for five fiscal years or more. The Senator from Oklahoma. both places it appears; and (5) Such recommendations as the head of (II) in subsection (b), by striking ‘‘domes- AMENDMENTS NOS. 794 THROUGH 797, 799 the agency considers appropriate— tic’’. THROUGH 801, AND 833, TO AMENDMENT NO. 738 (A) to consolidate programs that are dupli- Mr. COBURN. Mr. President, I ask cative or overlapping; (ii) Section 6104 of title 31, United States Code, is amended— unanimous consent to call up the fol- (B) to eliminate waste and inefficiency; and (I) in subsections (a) and (b), by inserting lowing amendments en bloc, displacing ‘‘and international assistance’’ after ‘‘domes- the amendment that is present, but (C) to terminate lower priority, outdated, and unnecessary programs and initiatives. tic assistance’’ each place it appears; and considering each one of them individ- (d) In this section: (II) in the section heading, by inserting ually: amendments Nos. 794 through (1) The term ‘‘administrative costs’’ has ‘‘and international’’ after ‘‘domestic’’. 797, amendments Nos. 799 through 801, the meaning as determined by the Director (f) Section 6104(b) of title 31, United States and amendment No. 833. of the Office of Management and Budget Code, is amended— The PRESIDING OFFICER. Without under section 504(b)(2) of Public Law 111–85 (1) by striking ‘‘and’’ at the end of para- objection, the amendments are pending (31 U.S.C. 1105 note), except the term shall graph (2); en bloc. also include, for purposes of that section and (2) by striking the period at the end of The amendments are as follows: this section, with respect to an agency— paragraph (3) and inserting a semicolon; and (A) costs incurred by the agency as well as (3) by adding at the end the following new AMENDMENT NO. 794 costs incurred by grantees, subgrantees, and paragraphs: (Purpose: To provide taxpayers with an an- other recipients of funds from a grant pro- ‘‘(4) the information required in para- nual report disclosing the cost of, perform- gram or other program administered by the graphs (1) through (4) of section 419(a) of the ance by, and areas for improvements for agency; and Transportation, Housing and Urban Develop- Government programs, and for other pur- (B) expenses related to personnel salaries ment, and Related Agencies Appropriations poses) and benefits, property management, travel, Act, 2012; At the appropriate place, insert the fol- program management, promotion, reviews ‘‘(5) the budget function or functions appli- lowing: and audits, case management, and commu- cable to each assistance program contained SEC. ll. (a) Each fiscal year, for purposes nication about, promotion of, and outreach in the catalog; of the report required by subsection (b), the for programs and program activities admin- ‘‘(6) with respect to each assistance pro- head of each agency shall— istered by the agency. gram in the catalog, an electronic link to (1) identify and describe every program ad- (2) The term ‘‘services’’ has the meaning the annual report required under section ministered by the agency; provided by the Director of the Office of 419(b) of the Transportation, Housing and (2) for each such program— Management and Budget and shall be limited Urban Development, and Related Agencies (A) determine the total administrative ex- to only activities, assistance, and aid that Appropriations Act, 2012, by the agency that penses of the program; provide a direct benefit to a recipient, such carries out the assistance program; and (B) determine the expenditures for services as the provision of medical care, assistance ‘‘(7) the authorization and appropriation for the program; for housing or tuition, or financial support amount provided by law for each assistance (C) estimate the number of clients served (including grants and loans). program in the catalog in the current fiscal by the program and beneficiaries who re- (3) The term ‘‘agency’’ has the same mean- year, and a notation if the program is not ceived assistance under the program (if ap- ing given that term in section 551(1) of title authorized in the current year, has not been plicable); and 5, United States Code, except that the term authorized in law, or does not receive a spe- (D) estimate— also includes offices in the legislative branch cific line item appropriation.’’.

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(g) Section 6104 of title 31, United States under division A, division B, or division C of AMENDMENT NO. 833 Code, is further amended by adding at the this Act may not repay the loan using a Fed- (Purpose: To end the outdated direct pay- end the following new subsection: eral grant or other award funded with ment program and to begin restoring the ‘‘(e) COMPLIANCE.—On the website of the amounts made available under division A, di- farm safety net as a true risk management catalog of Federal domestic and inter- vision B, or division C of this Act; Provided tool) national assistance information, the Admin- further, a grant or other award funded with At the appropriate place, insert the fol- istrator shall provide the following: amounts made available under division A, di- lowing: ‘‘(1) CONTACT INFORMATION.—The title and vision B, or division C of this Act may not be SEC. l. None of the funds made available contact information for the person in each used to repay a Federal loan. by this Act may be used by the Secretary of agency responsible for the implementation, AMENDMENT NO. 797 Agriculture to provide direct payments compliance, and quality of the data in the under section 1103 or 1303 of the Food, Con- (Purpose: To delay or cancel new construc- catalog. servation, and Energy Act of 2008 (7 U.S.C. tion, purchasing, leasing, and renovation ‘‘(2) REPORT.—An annual report compiled 8713, 8753). of Federal buildings and office space) by the Administrator of domestic assistance The PRESIDING OFFICER. The Sen- programs, international assistance pro- At the appropriate place, insert the fol- grams, and agencies with respect to which lowing: ator from Michigan. the requirements of this chapter are not SEC. ll. (a) Except as provided in sub- AMENDMENT NO. 753 met.’’. section (b), none of the funds made available Mr. LEVIN. Mr. President, I am (h) Section 6103 of title 31, United States by this Act or an amendment made by this going to speak now against the pending Code, is amended by adding at the end the Act may be used to pay for renovation amendment of Senator AYOTTE, which following new subsection: projects that have not commenced as of the would prohibit the prosecution of ter- ‘‘(d) BULK DOWNLOADS.—The information in date of enactment of this Act (including ren- rorists in Federal courts. the catalog of domestic and international as- ovation projects for which plans have been sistance under section 6104 of this title shall We need all available tools against created, but for which physical renovation terrorists, including the possibility of be available on a regular basis through bulk has not begun) to any Federal building or of- downloads from the website of the catalog.’’. fice space in existence on the date of enact- prosecution in Federal courts or before (i) Section 6101(2) of title 31, United States ment of this Act, or for the purchase, execu- military commissions. While there is Code, is amended by inserting before the pe- tion of a leasing agreement, or construction no doubt we have made use of military riod at the end the following: ‘‘except such of any Federal building or office space that commissions in the course of previous term also includes offices in the legislative has not commenced as of the date of enact- wars, we have never enacted legislation branch other than the Government Account- ment of this Act (including construction or closing the Federal courts to the pros- ability Office’’. purchase or lease agreements for which plans (j)(1) Not later than 120 days after the date ecution of our enemies. We have always have been established, but for which physical left it up to the executive branch to de- of the enactment of this Act, the Director of construction has not begun or an agreement the Office of Management and Budget shall has not been executed). termine which tool best suits an indi- prescribe regulations to implement this sec- (b) Subsection (a) shall not apply to the vidual case. tion. renovation of, purchase of, leasing agree- Indeed, both the Bush administration (2) This section shall be implemented be- ment for, or construction of (including ren- and the Obama administration have re- ginning with the first full fiscal year occur- ovation, construction, or purchase or leasing peatedly used the Federal courts to ring after the date of the enactment of this agreements for which plans have been estab- bring terrorists to justice. For exam- Act. lished, but for which physical renovation or ple, the Bush administration success- AMENDMENT NO. 795 construction has not begun or an agreement fully used the Federal courts to pros- (Purpose: To collect more than $500,000,000 has not been executed) any Federal building ecute Richard Reid, the so-called shoe or office space needed to address a safety or from deadbeat developers for failed, bomber, in October of 2002. The Bush botched, and abandoned projects) national security issue. administration used the Federal courts At the appropriate place, insert the fol- AMENDMENT NO. 799 to successfully prosecute Ahmed Omar lowing: (Purpose: To prohibit the use of funds to Abu, who was convicted and sentenced SEC. ll. The Secretary of Housing and carry out the Rural Energy for America to 30 years in 2005. The Bush adminis- Urban Development— Program) (1) shall cancel any funding obligated for a tration used the Federal courts to pros- construction or renovation project for which At the appropriate place insert the fol- ecute and sentence Zacarias the Department of Housing and Urban Devel- lowing: Moussaoui, the so-called twentieth hi- opment committed to provide $50,000 or more SEC. lll. None of the funds made avail- jacker, convicted in 2006, and sentenced able under this Act may be used to carry out that— to life in prison for his role in the 9/11 (A) commenced before the date that is 5 the Rural Energy for America Program es- tablished under section 9007 of the Farm Se- attacks. years before the date of enactment of this The Obama administration success- Act; curity and Rural Investment Act of 2002 (7 (B) is not complete; U.S.C. 8107): Provided further, any funds ap- fully used the Federal courts when (C) did not draw funds against a Depart- propriated by this Act for this purpose are they prosecuted Najibulla Zazi in 2009 ment of Housing and Urban Development ac- hereby rescinded. for his role in the New York subway count during the 18-month period ending on AMENDMENT NO. 800 bombing plot; when they prosecuted the date of enactment of this Act; (Purpose: To reduce funding for the Rural Faisal Shahzad in 2010 in connection (D) on the date of enactment of this Act, is Development Agency) with the Times Square bombing; and vacant and has not been sold or leased; or At the appropriate place, insert the fol- when they prosecuted Umar Farouk (E) has not drawn funds against a Depart- Abdulmutallab, the so-called under- ment of Housing and Urban Development ac- lowing: count, if, on the date of enactment of this SEC. l. Notwithstanding any other provi- wear bomber, in 2011 in connection Act, funds have been obligated for the sion of this Act, the total amount of funds with the attempted Christmas Day project for more than 1 year; made available under this title to the Rural bombing in Detroit. (2) may not provide any funding on or after Development Agency are reduced by If the Ayotte amendment had been the date of enactment of this Act for a $1,000,000,000, to be applied proportionally to law, these successful court prosecu- project described in paragraph (1); and each budget activity, activity group, and tions would have been thrown into subactivity group and each program, project, (3) shall transfer any funds deobligated doubt. In fact, prosecution might not under paragraph (1) or made available to and activity of the Rural Development Agen- cy carried out under this title. have been possible in any forum, be- carry out a project described in paragraph (1) cause if a court determined that a mili- to the general fund of the Treasury and are AMENDMENT NO. 801 hereby rescinded. tary commission lacked jurisdiction (Purpose: To eliminate funding for the Small and if the Ayotte amendment pre- AMENDMENT NO. 796 Community Air Service Development Pro- cluded jurisdiction of a Federal court, (Purpose: To end lending schemes that force gram) there couldn’t be prosecution in any taxpayers to repay the loans of delinquent On page 226, strike lines 1 through 5, and developers and bailout failed or poorly forum whatsoever. insert ‘‘and not less than $29,250,000 shall be That could have actually been the planned local projects) for Airport Technology Research: Provided At the appropriate place, insert the fol- further, no funds made available under this outcome in the case of Ahmed lowing: Act may be used to carry out the Small Warsame, an accused member of the SEC. ll. A person or entity that receives Community Air Service Development Pro- terrorist group al-Shabaab. He was in- a Federal loan using amounts made available gram.’’ dicted in Federal court earlier this

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By depriving us of one of our most po- teams determined that the Federal tent weapons in the fight against terrorism, courts provided the best forum in and the Attorney General expressing the amendment would make it more likely which to prosecute Warsame for his al- their ‘‘strong opposition’’ to the that terrorists will escape justice and inno- leged crimes. Ayotte amendment. The letter states cent lives will be put at risk. This decision was reached for two as follows: LEON E. PANETTA, reasons: Whether a given case should be tried in an Secretary of Defense. One, Warsame is alleged to have vio- Article III court or before a military com- ERIC H. HOLDER, JR., lated a number of Federal statutes, in- mission is a decision that should be based on Attorney General. cluding sections of the criminal code the facts and circumstances of the case and the overall national security interests of the The PRESIDING OFFICER. The Sen- prohibiting trafficking in explosives, United States. It is a decision best left in the ator from Massachusetts. use of dangerous weapons, acts of hands of experienced national security pro- Mr. BROWN of Massachusetts. international terrorism, providing ma- fessionals. Madam President, I rise to speak today terial support to foreign terrorist orga- The letter continues: as in morning business for about 5 min- nizations, and receiving military type If we are to safeguard the American people, utes. training from foreign terrorist organi- we must be in a position to employ every The PRESIDING OFFICER (Mrs. zations. Only the Federal courts have lawful instrument of national power—includ- MCCASKILL). Without objection, it is so jurisdiction to try violations of those ing both courts and military commissions— ordered. sections. Those offenses are not listed to ensure that terrorists are brought to jus- as crimes under the Military Commis- tice and can no longer threaten American WITHHOLDING TAX RELIEF ACT sions Act. lives. By depriving us of one of our most po- tent weapons in the fight against terrorism, Mr. BROWN of Massachusetts. There is a second reason why it was the amendment would make it more likely Madam President, I rise to speak in decided that Warsame was best pros- that terrorists would escape justice and in- strong support of a bill we will be vot- ecuted in a Federal court, which could nocent lives would be put at risk. ing on, I hope, later today, S. 1726, the not happen under the amendment of I ask unanimous consent that the Withholding Tax Relief Act of 2011, Senator AYOTTE. Warsame appears to text of the letter be printed in the CON- which has over 30 cosponsors. You are have engaged in acts of terrorism and GRESSIONAL RECORD immediately fol- one of them, Madam President, and material support to terrorism, both of lowing my remarks. there are many others. It is based on which are crimes under the Military The PRESIDING OFFICER. Without legislation I have introduced on three Commissions Act, but—and this is the objection, it is so ordered. separate occasions which currently has problem—only if they are committed (See exhibit 1) almost one-third of the entire Senate ‘‘in the context of and associated with Mr. LEVIN. This issue, as the Pre- cosponsoring it. As I said, I brought it hostilities’’ against the United States. siding Officer may recall, came up in up before, and I am glad it will finally The administration concluded it the Armed Services Committee during be getting a vote. our markup of the Defense Authoriza- would have been difficult to prove be- This is exactly the type of bipartisan tion Act. Our bill expressly allows the yond a reasonable doubt before a mili- jobs bill that the American people are transfer of detainees for trial by a tary commission that Warsame met yearning for and that we should be fo- court or competent tribunal having those jurisdictional thresholds. As a re- cusing on, and I am glad we are finally lawful jurisdiction. The amendment of sult, if the Ayotte amendment were able to bring the repeal of this job-kill- Senator AYOTTE to delete that author- law, it might be impossible for the ing tax provision to the floor for a seri- ity was defeated in the Armed Services United States to prosecute Warsame in ous vote. This is a jobs bill, plain and Committee by a vote of 19 to 7. any forum. simple. I don’t know how else you can Our Federal prosecutors have a prov- The bottom line is that Congress has phrase it. en track record of prosecuting terror- never before attempted to prevent the ists in Federal courts. Two years ago, prosecution of terrorists in Federal Section 3402(t) of the Tax Code will the Justice Department informed us court. We should not do so now. We require, beginning in January of 2013, that there were 208 inmates in Federal should continue to use military com- Federal, State and local governments prisons who had been sentenced for missions in cases where they are the to withhold 3 percent of nearly all con- crimes relating to international ter- best place for prosecution and for trial. tract payments made to private compa- rorism, and an additional 139 inmates We should not foreclose prosecution nies, as well as Medicare payments, who had been sentenced for crimes re- and trial in Federal courts. construction payments, and certain lated to domestic terrorism. Those EXHIBIT 1 loan payments. This is an arbitrary tax were crimes which were prosecuted in Hon. HARRY REID, that is extremely expensive to imple- Federal courts. Majority Leader, U.S. Senate, ment and punishes the many for the By contrast, only four enemy com- Washington, DC. bad acts of the few. What is more, this batants have been convicted by mili- Hon. MITCH MCCONNELL, tax absolutely promises to kill jobs at Minority Leader, U.S. Senate, tary commissions since 9/11, two of a time when we absolutely cannot af- Washington, DC. ford to kill any jobs. them, by the way, as a result of plea DEAR LEADER REID AND LEADER MCCON- agreements, sending them to Australia NELL: We write to express our strong opposi- The Government Withholding Relief and to Canada. tion to the Ayotte amendment to H.R. 2112, Coalition, a coalition of more than 100 Critics of the decision to try which would severely curtail the ability of members—I have a sheaf here of 4 Warsame in Federal court apparently the Executive branch to prosecute alleged pages of groups: American Bankers As- would prefer that he be tried before a terrorists in Federal court. sociation, Americans for Tax Reform, The amendment represents an extreme and National Association of Manufacturers, military commission even though he unprecedented encroachment on the author- might be less likely to be convicted ity of the Executive Branch to determine wholesalers, National League of Cities, there due to the jurisdictional issues. when and where to prosecute terrorist sus- chambers of commerce—4 pages of The most appropriate forum for trial pects. Whether a given case should be tried groups and entities, over 100 members, should be determined, as it was in in an Article III court or before a military a cross-section of America. They have Warsame, on the basis of the nature of commission is a decision that should be estimated that a combined 5-year total the offense, the nature of the evidence, based on the facts and circumstances of the cost to the States and the Federal Gov- and the likelihood of successful pros- case and the overall national security inter- ernment in implementing this legisla- ecution. The executive branch officials ests of the United States. It is a decision tion could be as high as $75 billion. The best left in the hands of experienced national who make these determinations are security professionals. Department of Defense alone has esti- more likely to reach a sound conclu- If we are to safeguard the American people, mated this provision could cost the sion after weighing those factors than we must be in a position to employ every DOD around $17 billion.

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6811 I know Chairman LEVIN, who spoke The President proposed its delay in number of pending amendments. Hope- before me—we are wrestling with try- his most recent jobs package. fully, Members will come over and ing to reinstate I think $20 to $25 bil- I said before, why don’t we work on offer amendments or talk about the lion from what the appropriations folks that which we can all agree? Why don’t amendments they have offered. We cut. That is real money. we just take up the measures in a bi- want to move through this legislation Here is the catch: It is estimated to partisan, bicameral manner and get as quickly as we can but, actually, no bring in only around $8 billion during them out the door? I understand the quicker than we need to. There is plen- that same period. I am not sure about House is working on this. We are doing ty of time. If Members want to talk you, Madam President, but you have it now. It is a small piece, a small step, about this bill, if they want to support the cost of approximately $75 billion, but let’s get it right out the door. the bill or oppose the bill or maybe the cost to the States and the Federal There is no reason we should not be more likely right now come and talk Government of implementing the legis- able to do it. about the significant number of pend- lation, and then the DOD is $17 billion, Last week, I had an opportunity to ing amendments, this is a good time to and yet we are only going to get $8 bil- speak before the Small Business Com- do that. lion in return? I do not know how else mittee with Secretary Geithner, who I suppose the other thing I could and to say it except that only on Capitol issued the provision’s latest delay in should talk about that I know the Hill does something such as that make May, about the importance of fully re- Chair would be happy with would be sense, where we are spending more pealing this provision. the great Cardinals victory last night. than we are actually going to be get- This repeal is one of those rare op- Even the cushions in the back of the ting. portunities we have around here where Chamber seem to be a little brighter Unfortunately, there are many other everyone can be on the same team. It is red today than they normally are. So reasons this provision should be re- very similar to when we passed the Ar- maybe the Texans need to come and pealed as soon as possible. At a time lington Cemetery bill, with your lead- talk about their amendments and talk when the State and local governments ership, Madam President. In the midst about the Rangers. But I will say that are under extreme financial stress, why of all the problems we had last year, the Cardinals team, from the last week would we want to force another un- the legislative bodies of both branches or so of August until right now, has funded, costly mandate on them to re- came together and passed the Arling- been one of the true miracles of base- cover minimal funds for the Federal ton Cemetery bill. I look at this as a 1 Treasury? It makes no sense. As I said ball history—going from 10 ⁄2 games to similar provision where we can actu- even qualifying to be the wildcard in before, only in Washington does spend- ally do something in a bipartisan, bi- ing $2 in order to recoup $1 make any the playoffs and almost every game cameral manner and get it passed. from that moment on having the sense sense. I urge my colleagues to rise above I am encouraged by many of the co- that this is the intensity of the final partisan politics and support this truly sponsors. As I said, it is a bipartisan game of the season. bipartisan legislation. As I said before, group. At what point do you see Sen- All Cardinals fans are proud. There is we are Americans first. We are Ameri- ator FRANKEN and Senator PAUL on the quite a bit of red on today here on the cans first. To me, that means it should same bill together and everybody in be- Senate floor. not matter whether this is a Repub- tween as well? There is another Cardinals game to- I am concerned, as are many others, lican bill or a Democratic bill. It mat- night, and I wouldn’t mind watching that businesses that contract with the ters that it is a bill that is going to some of it. My best chance of doing government will simply pass on the help small businesses and Americans that is if Members will come over here costs of this provision to the govern- who are fighting on a daily basis just and talk about their pending amend- ment in the form of higher bids on to make ends meet. ments now and defend those amend- projects. I am also concerned about the We have a great opportunity today to ments. move forward on a piece of jobs legisla- effects on small businesses as well. It seems to me as though this week tion and pass this portion of the bill Senator SNOWE, the ranking member of the Senate has been working as the that is, in fact, supported by the Presi- the Small Business Committee, on Senate should work—bringing appro- dent and scheduled, as I said, to be which I serve, and my follow cosponsor priations bills to the floor, debating taken up in the House next week. on my original bill, recognized early on those bills, letting Members propose I offer my complete support for the with me that this provision has de- amendments—and hopefully we will bill and appreciate the leader for bring- structive consequences for small busi- continue with these bills: the Agri- ing it to the floor for a vote. nesses. Everybody here knows it. culture, Rural Development, and Food At what point do we put politics I thank the Chair, and I yield the floor. and Drug Administration bill Senator aside and just agree to pass something KOHL and I brought to the floor; the that is so simple? This provision makes The PRESIDING OFFICER. The Sen- ator from North Dakota. Transportation, and Housing and absolutely no sense. As you know, it Urban Development bill; the Com- will restrict cashflow and discourage (The remarks of Mr. HOEVEN per- taining to the introduction of S. 1751 merce-State-Justice bill—I think it small businesses from participating in may be Commerce-Justice now. So we are located in today’s RECORD under Federal contracting. have a lot of topics. We don’t want to Members of the construction indus- ‘‘Statements on Introduced Bills and let this appropriations process go to try are equally worried. As you know, Joint Resolutions.’’) one huge bill that nobody understands, that is an industry which has been dev- Mr. BLUNT. Madam President, I note nobody has time to read, and nobody astated. They are equally concerned the absence of a quorum. has time to debate. So hopefully, with that it will tax away all their antici- The PRESIDING OFFICER. The all of these pending amendments, we pated profit on government projects, clerk will call the roll. will have some discussion. We have had thus diminishing competition and fur- The assistant legislative clerk pro- a number of votes already today, but a ther raising costs to the government. ceeded to call the roll. There is a reason it has been delayed Mr. BLUNT. Madam President, I ask number of Members have things they over and over since 2005. Everyone unanimous consent that the order for would like to see discussed and voted knows it can never go into effect be- the quorum call be rescinded. on, and hopefully we will begin to see cause it will place an extraordinary The PRESIDING OFFICER. Without more of that happen. cost burden on the Federal Govern- objection, it is so ordered. With that, it does appear we don’t ment and State and local governments Mr. BLUNT. Madam President, yes- have a quorum yet or other Members as well. We cannot afford to shoulder terday, around 5:30 or so, we had all to speak, and I suggest the absence of that burden right now; everyone kinds of Members who suddenly wanted a quorum. agrees. to come over and talk about their The PRESIDING OFFICER. The Once again, the 30 cosponsors of the amendments. Now is an opportunity to clerk will call the roll. original bill represent a diverse cross- talk about these three appropriations The assistant legislative clerk pro- section. bills. The floor is open. There are a ceeded to call the roll.

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6812 CONGRESSIONAL RECORD — SENATE October 20, 2011 Ms. MIKULSKI. Madam President, I they remain open, after distinguished CECIL L. HEFTEL POST OFFICE ask unanimous consent that the order Americans. BUILDING for the quorum call be rescinded. There being no objection, the Senate The bill (H.R. 2149) to designate the The PRESIDING OFFICER. Without proceeded to consider the bills en bloc. facility of the United States Postal objection, it is so ordered. Ms. MIKULSKI. Madam President, I Service located at 4354 Pahoa Avenue Ms. MIKULSKI. Madam President, I ask unanimous consent that the bills in Honolulu, Hawaii, as the ‘‘Cecil L. wish to echo the comments of my col- be read a third time and passed en bloc, Heftel Post Office Building,’’ ordered league from Missouri. I too invite Sen- the motions to reconsider be laid upon to a third reading, was read the third ators to come down. We are showing the table en bloc, with no intervening time, and passed. that we can govern. We have our appro- action or debate, and any related state- Ms. MIKULSKI. I suggest the absence priations bills here, and we have al- ments be printed in the RECORD. of a quorum. ready disposed of 8 amendments—actu- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The ally, I think we have disposed of more objection, it is so ordered. clerk will call the roll. than 8 by now—but we have 22 amend- The assistant legislative clerk pro- ments pending. If Members have an f ceeded to call the roll. amendment, come and speak to it. If a OFFICER JOHN MAGUIRE POST Mr. THUNE. Madam President, I ask Member has reviewed these 22 and op- OFFICE unanimous consent that the order for poses them, have your day, have your the quorum call be rescinded. say, because that is what the Senate The bill (S. 1412) to designate the fa- The PRESIDING OFFICER (Ms. is—due diligence, due deliberation. cility of the United States Postal Serv- KLOBUCHAR). Without objection, it is so What we don’t want is everybody— ice located at 462 Washington Street, ordered. exactly as the Senator from Missouri Woburn, Massachusetts, as the ‘‘Officer f said, who is the ranking member on John Maguire Post Office,’’ ordered to Agriculture—coming at 5:30 or 6 or 7 be engrossed for a third reading, was AGRICULTURE, RURAL DEVELOP- o’clock and wanting to speak. I know read the third time, and passed, as fol- MENT, FOOD AND DRUG ADMIN- the leadership on both sides of the aisle lows: ISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT would like to move expeditiously and S. 1412 OF 2012—Continued even, if possible, finish this bill to- Be it enacted by the Senate and House of Rep- night. I think we have agreed we are resentatives of the United States of America in Mr. THUNE. Madam President, I ask willing to work through the evening to Congress assembled, unanimous consent that I be allowed to dispose of amendments, but Senators SECTION 1. OFFICER JOHN MAGUIRE POST OF- speak as in morning business. have to speak on their amendments. FICE. The PRESIDING OFFICER. Without So, again, on my side of the aisle, I (a) DESIGNATION.—The facility of the objection, it is so ordered. United States Postal Service located at 462 WITHHOLDING TAX RELIEF ACT would really encourage Members, if Washington Street, Woburn, Massachusetts, they have an amendment, to come and shall be known and designated as the ‘‘Offi- Mr. THUNE. Madam President, I rise speak to it. Regardless of the side of cer John Maguire Post Office’’. in support of S. 1726, the Withholding the aisle a Member is on, if a person (b) REFERENCES.—Any reference in a law, Tax Relief Act of 2011. I know we are opposes an amendment, come and map, regulation, document, paper, or other currently debating several appropria- speak on it as well. record of the United States to the facility re- tions bills which we hope to be con- Some of these are quite controver- ferred to in subsection (a) shall be deemed to cluded sometime later today. But in sial. Again, we invite this due delibera- be a reference to the ‘‘Officer John Maguire that process, my expectation is that we tion. Post Office’’. are going to get an opportunity to vote Everybody has worked hard. We have f on a couple of amendments that deal done a lot in appropriations. We have with the real issue I think that is on ended earmarks—a topic I know is of JOHN PANGELINAN GERBER POST the minds of most Americans today, special interest to many of our col- OFFICE BUILDING that is, jobs and the economy. leagues. We have made significant cuts The bill (H.R. 1843) to designate the The bill I referenced, S. 1726, is iden- this year as a result of the continuing facility of the United States Postal tical to the measure that was intro- resolution and other agreements. But Service located at 489 Army Drive in duced earlier this year by Senators at the same time, the subcommittees Barrigada, Guam, as the ‘‘John SCOTT BROWN and OLYMPIA SNOWE and have worked hard to follow the mission Pangelinan Gerber Post Office Build- of which I and 28 of my colleagues on of what we are trying to do in this ing,’’ ordered to a third reading, was both sides of the aisle are cosponsors. country: have a more frugal govern- read the third time, and passed. Given that we may get a chance to ment. vote on this legislation, perhaps in the I know in my bill we have paid par- f form of an amendment to the bill that ticular attention on how to curb waste, we are currently on later today, I want and I will be speak about that shortly. FIRST LIEUTENANT OLIVER to say a few words as to why I believe But, again, I invite my colleagues to GOODALL POST OFFICE BUILDING this represents the right approach to come to the floor. The bill (H.R. 1975) to designate the spurring our economy. I suggest the absence of a quorum. facility of the United States Postal I think there is a right approach and The PRESIDING OFFICER. The Service located at 281 East Colorado there is a wrong approach to getting clerk will call the roll. Boulevard in Pasadena, California, as people back to work in this country The assistant legislative clerk pro- the ‘‘First Lieutenant Oliver Goodall and getting the economy growing and ceeded to call the roll. Post Office Building,’’ ordered to a expanding again. American businesses Ms. MIKULSKI. Madam President, I third reading, was read the third time, need access to capital. They need to be ask unanimous consent that the order and passed. able to deploy their existing capital as for the quorum call be rescinded. efficiently and effectively as possible. The PRESIDING OFFICER. Without f If we do not act, come January 1, objection, it is so ordered. 2013, 3 percent of contracts between MATTHEW A. PUCINO POST OFFICE f private businesses and Federal, State, The bill (H.R. 2062) to designate the and local governments will be with- THE CALENDAR facility of the United States Postal held. This means that dollars that Ms. MIKULSKI. Madam President, I Service located at 45 Meetinghouse could be reinvested by businesses in ask unanimous consent that the Sen- Lane in Sagamore Beach, Massachu- new equipment or new employees will ate proceed to the consideration of Cal- setts, as the ‘‘Matthew A. Pucino Post instead be used essentially to give the endar Nos. 206 through 210 en bloc, Office,’’ which was ordered to a third IRS an interest-free loan. which are all post office-naming bills— reading, was read the third time, and The Joint Committee on Taxation es- in other words, naming post offices, if passed. timates that permanently eliminating

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6813 this burdensome withholding require- ministimulus bill that is being pro- When these votes come up later ment will allow taxpayers to keep an posed by the majority leader. The Reid today, I hope my colleagues on both additional $11.2 billion over the next 10 bill goes in exactly the opposite direc- sides will recognize the importance of years. While 3 percent of a contract tion. It would raise taxes on the pri- stimulating and spurring economic ac- may not seem like a large amount, vate sector to pay for new spending on tivity in the private sector, giving our consider that for many businesses 3 the public sector. Let’s think about entrepreneurs in this country incen- percent could be their entire profit that for a minute. We all agree that tives to create jobs by keeping the tax margin. In effect, the withholding re- the private sector creates the vast ma- and regulatory burdens low and move quirement—if we allow it to take ef- jority of jobs in this country. And since away from this notion and idea that fect—will result in a large transfer of the beginning of the recession, there the way to get the economy growing funds from local economies all across has been a decline of 5.4 percent of pri- again is to spend more government this country to the Internal Revenue vate sector jobs, or 6.2 million jobs money, come up with yet another stim- Service. lost. However, during that period, gov- ulus plan, which we know doesn’t work. Imposing this new wealth transfer ernment jobs at all levels declined by We have seen that picture before. We makes absolutely no sense while our less than 2 percent and Federal Govern- know many of these same types of economy remains very fragile. The ment jobs increased by over 2 percent, ideas were tried and they have failed. good news is that there is broad bipar- or by 63,000 jobs. Unemployment today is still over 9 tisan support for repealing the 3-per- So the Federal Government is get- percent. When the first stimulus bill cent withholding requirement. The ting larger at the same time the pri- was passed, the contention at the time Obama administration’s Office of Man- vate economy is shedding jobs. was this would keep unemployment agement and Budget last month re- While we all want to find ways to under 8 percent. Well, the opposite has leased the President’s jobs plan enti- help public sector employees, let me happened. More people are unemployed tled ‘‘Living Within Our Means and In- suggest that we need to do it without since the stimulus bill passed. There vesting in the Future.’’ On page 8 of imposing new burdens on the private are over 1.5 million more unemployed this document it reads: ‘‘The Presi- sector at a time when we should be fo- Americans than when it passed. We dent’s plan calls for the Congress to re- cused on finding ways to promote pri- should recognize that those are not the move burdensome withholding require- vate sector job creation. correct for our economy. It is to get ments that keep capital out of the The Withholding Tax Relief Act will our entrepreneurs, our small businesses hands of job creators.’’ I could not do just that. This measure will pro- back out there investing their capital, agree more. Unfortunately, the details mote job creation by allowing busi- buying new equipment, and creating of the President’s plan, as introduced nesses to keep more of their capital, jobs for American workers. by Majority Leader REID only provides and it will send a message that Wash- The way to do that is to make it less a 1-year delay in implementation of ington understands that promoting the costly, cheaper, and easier for them to the withholding provision. private sector is the key to reviving create jobs rather than harder. What American businesses need more than our economy, not another government has been happening in Washington a 1-year delay. They need certainty. bailout. lately is making it harder, not easier, Only 8 days ago, we voted in favor of This is the reason that a long list of because of the uncertainty created by the three pending free-trade agree- businesses and trade job groups support tax policy and regulatory policy. Put- ments, votes that garnered broad bi- this legislation. In fact, the documents ting in place another withholding tax, partisan support, which we all agreed prepared last week by the House Ways having that to plan for, knowing that will stimulate the economy and grow and Means Committee lists 170 busi- will take effect come 2013, and now lay- jobs in this country. During my re- nesses and groups supporting repeal of ered on top of those other things—you marks as part of that debate on those the 3-percent withholding requirement. have the new health care mandates, agreements, I noted that we were set- This diverse list includes groups such and many small businesses are saying ting a precedent I hoped would be able as the American Farm Bureau, the they are not going to hire people until to continue in the coming weeks. I American Bankers Association, the As- they know with greater certainty what noted that instead of considering divi- sociated Builders and Contractors, the the impact of the health care reform sive and controversial measures, such American Gas Association, the Amer- bill will be on them and their employ- as the President’s new surtax on small ican Ambulance Association, to name a ees. businesses and job creators, we should few. This is a clear winner, something It should be no surprise that this bill be considering legislation that helps that enjoys broad bipartisan support. also enjoys broad bipartisan support. our economy and can actually become The way it is paid for enjoys broad bi- The House version of the bill, likely to law because it has strong bipartisan partisan support. I hope we will pass it be voted on next week, has 269 cospon- support. and defeat what is the ill-conceived ap- sors, 62 of whom are Democrats. In the That was true of implementing legis- proach proposed by the majority lead- Senate bill, there are a number of both lation for the three free-trade agree- er, which is to try to put a tax on job Republican and Democratic cosponsors. ments that the President will sign into The bill is fully offset by rescinding law tomorrow, and it is true in the creators, the people who are out there unobligated discretionary funds. This Withholding Tax Relief Act of 2011. and have the capital to put people back is the same offset we voted on in Feb- Let’s take this opportunity to dem- to work, and to invest in more govern- ment spending, more government pro- ruary when Senator STABENOW pro- onstrate that when we are willing to posed it to pay for repeal of the 1099 re- work together, we can enact legislation grams, all of which have proven that porting requirement. That vote passed that will help spur economic activity they don’t work. Let’s do what works by 81 to 17, with 34 Democrats voting and create jobs in the private sector and use a little common sense and get aye. economy. We can do this without new the American people working again. To summarize, we have a bill before taxes and without new burdensome reg- I yield the floor. us we will soon vote on that will allow ulations. We can accomplish this sim- The PRESIDING OFFICER. The Sen- businesses to keep more of their own ply by getting the government out of ator from Hawaii. funds rather than sending them in ad- the way of American entrepreneurs. Mr. INOUYE. Mr. President, as we vance to the IRS, that has broad bipar- Let’s help Americans in a free and open continue to debate the three fiscal year tisan support, that is fully offset using society do what they do best: take 2012 appropriations bills, I want to take an offset that is supported by a major- risks, create business opportunities, a moment to congratulate the man- ity of both Republicans and Democrats and grow our economy. agers of these individual measures, and in this Chamber. So why would we not We don’t need yet another stimulus to urge my colleagues to continue in want to enact this legislation as soon bill, heavy with government spending; the current bipartisan spirit as we seek as possible? we need a little common sense. Passing to move additional bills in the coming I would note that this approach the Withholding Tax Relief Act is a weeks. Building on the progress we stands in stark contrast to the good place to start. have made this week would make it

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Nobody wants to deny people food, that is $2.2 billion below the Presi- sible manner. but the program has not been looked dent’s request and $141 million below Once again, I commend the chairmen at. We have not looked under the hood. the fiscal year 2011 enacted level. Sen- and the ranking members and their I believe in this one reform that says if ator MIKULSKI and Senator HUTCHISON staffs for their fine work on this meas- you want to get thousands of dollars in have managed a Commerce-Justice- ure. food benefits from the government, you Science bill that is $5 billion below the I yield the floor and suggest the ab- ought to at least fill out a form and President’s request and $631 million sence of a quorum. qualify according to the standards the below the fiscal year 2012 enacted level. The PRESIDING OFFICER. The Food and Nutrition Service sets. That Senator MURRAY and Senator COLLINS clerk will call the roll. is basically all it would do. Some of the have crafted a Transportation, Housing The bill clerk proceeded to call the programs, if you qualify for them, are bill that is $677 million below the roll. now automatically accepting food President’s request and $117 million Mr. SESSIONS. Madam President, I stamp recipients. They have a lower below last year’s level. ask unanimous consent that the order qualification than food stamps do. For As noted by the leadership of the re- for the quorum call be rescinded. example, one person won the lottery spective subcommittees, all three of The PRESIDING OFFICER. Without and that was counted as an asset to the these measures were approved by the objection, it is so ordered. person rather than income to the per- full committee with overwhelming bi- Mr. SESSIONS. Madam President, I son. He called and said: Do I still get partisan support. These measures re- want to take a minute to say I am food stamps, since I won a $2 million flect the austere fiscal environment we pleased that one of my amendments to lottery? They said: Yes, the money you face. They are consistent with the eliminate the categorical eligibility for received is an asset, and we don’t count framework established by the Budget food stamps concept has been called up. assets under this other mechanism. Control Act, which establishes a discre- I also look forward to calling up an But they should count assets under the tionary spending level that is $7 billion amendment that’s been referred to as Food Stamp Program. below last year’s level. the Medco amendment, which has real I thank the Chair, and I thank the All of these bills present difficult strong bipartisan support. It was an choices. These bills are focused on a Senator from Delaware, who is moving amendment that many people felt they the bill and allowing me to share these number of basic priorities: job cre- needed to vote against when the patent ation, public safety, nutrition, housing, thoughts. I do hope we can get agree- bill came forward because they be- ment and move forward on the Medco and transportation. Yet, despite the lieved the bill would then be required importance of these initiatives to the amendment, along with the categorical to go back to the House. So, it failed food stamp amendment. lives of every American, many worthy on a 51-to-47 vote. programs were either reduced or elimi- Ms. MIKULSKI. I would say to my But I am confident that there is an colleague from Alabama, I am the Sen- nated to meet our austere limits. overwhelming number who would pre- Some have argued that our national ator from Maryland. fer to vote for this amendment now, if debt demands even further cuts in Mr. SESSIONS. Excuse me. we can get it accepted. It would not Ms. MIKULSKI. But Delaware is next these vital areas. However, every cred- take a long time for us to consider it. ible nonpartisan analysis has con- door, and we share the Chesapeake Bay I think it’s an issue our members are cluded that any real solution to our fis- and a whole lot of chicken farms, so familiar with. So I want to share my cal problems lies with reforming man- that is OK. thoughts that it is very important to I want to advise the Senator that his datory programs and raising additional me, and I think perhaps it might have amendment 810 is pending, and I be- revenues, not cutting investments in a majority vote on both sides of the lieve the leadership is negotiating on roads, bridges, and public safety any aisle. further. But to date, the entire focus which group of amendments will be Basically, my amendment would say on deficit reduction has been on discre- voted on in the next phase, which we we want to prohibit the PTO from tionary spending. Those who advocate hope we will be able to announce short- using any funds to implement a provi- further cuts must look elsewhere, even ly. The amendment which the Senator if it is more politically painful to do sion of the patent reform bill that so. It is my firm belief that another would have the effect of deciding an has on the Patent Office, is not a pend- round of ill-advised cuts to discre- ongoing civil litigation that is on ap- ing amendment. Again, that would be tionary spending will quite simply put peal now to the court of appeals. The subject to leadership on both sides of our Nation’s security and economic fu- merits of the matter are being argued. the aisle determining what would be ture at risk. I believe it is the kind of matter that called up. So I suggest he stay in touch In addition to the managers of these clearly should be allowed to stand in with the Republican leader, Senator three bills, I thank the leaders on both the courts. But this law firm that ap- MCCONNELL, and his floor staff, as they sides of the aisle for their support in parently failed to follow the statute of are talking with Senator REID. But the bringing these measures to the floor limitations—and the courts ruled in Senator’s amendment 810 is pending this week. As the House has not acted their favor—is seeking to have the Con- and I know he debated it yesterday and on the Commerce-Justice-Science or gress overrule or shortcut the appellate I know our colleague from Michigan, Transportation appropriations bills, process in this matter. Senator STABENOW, chair of the Agri- the package we consider today is a cre- I wanted to say I look forward to de- culture Committee, commented on ative bipartisan solution that enables bating the question of categorical eli- that. all Senators an opportunity to offer gibility for food stamps, where if you I would just say to the Senator, be- amendments. are approved for a number of other cause I believe him to be a compas- As always, the closer we get to reg- Federal programs, you don’t have to sionate conservative—a phrase we once ular order, the better our final legisla- make a formal application to qualify used a decade ago—maybe not filing tive product will be. It is important for food stamps. CBO has indicated papers is one thing, but we do have 9 that the Senate have an opportunity to that it could save as much as $10 bil- percent unemployment. Gosh, in my debate these three measures and to lion over 10 years if that hole in the State, we are seeing people come to focus on the matters that are germane program is closed. food banks who used to donate to the to the bill. And I would note that food stamps food banks. We are seeing an increase When we complete action on this bill, are the fastest growing major item in of people who have been laid off who ei- there will be seven outstanding com- the budget by far. There is nothing ther have no job or have taken now

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Madam President, at will be brought before this body. we also want the Senator to be able to some point during consideration of the Finally, I am very pleased we are speak to his amendment; and, hope- Transportation, Housing and Urban De- bringing the appropriations bills to the fully, because it is pending, it will be velopment, and related agencies appro- Senate floor. None of us, in my opin- included in the voting. priations bill, I expect there may be a ion, want to see the problems we have Mr. SESSIONS. I thank the Chair. motion to recommit the bill to the Ap- had in the past couple of years where She is correct. She has allowed the propriations Committee. Therefore, I we have ended up at the end of the cal- food stamp amendment to be pending, want to take this opportunity, as we endar year with a huge omnibus bill and I am talking with staff on this side are attempting to work out amend- stacked on our desks, no one com- and the Senator from Maryland is not ments and proceed to some additional pletely sure of every provision that is objecting at this point to that amend- votes, to give my colleagues some basic in the bill. That is a terrible way to ment. So I hope that will happen. facts about our bill. legislate. It is much more responsible I just wished to emphasize that there First of all, our appropriations bill to bring the appropriations bills before are a number of Members who feel very took one of the largest percentage cuts the full Senate after they have had strongly that this is a matter we have to spending of any of the appropria- their careful consideration by the Ap- an opportunity now to fix; that is, we tions bills for fiscal year 2011. It is im- propriations Committee. We have ex- shouldn’t be moving forward to inter- portant to understand that our bill is tensive hearings and we have markups vene in an ongoing lawsuit. Under our nearly $13 billion below fiscal year 2010 at both the subcommittee and the full rules, there is a way to get a special re- enacted levels. This funding level rep- committee level, but then the full Sen- resents a reduction of nearly one-fifth lief act, if somehow there is a mis- ate should have a chance to work its in just 2 years. When disaster funding carriage of justice that occurs in our will on these bills. American system—an individual spe- is not included, our bill total is $55 bil- I am pleased we have been consid- cial relief act. But it has certain proce- lion. That is $117 million below fiscal ering these bills all week. We have had year 2011. dures, and one of the key prerequisites several amendments offered by Mem- So I want to point out that this bill of that is that your litigation must be bers on both side of the aisle, and we is a fiscally responsible bill. It is a bill exhausted. Then, if the courts can’t that required a lot of tough choices. It have had constructive debate. As my give you relief, we might consider it is a bill that does not fund some pro- colleague from Maryland has pointed under certain procedures. grams to the level I would have liked out, it has been a respectful, civil de- So this litigation is ongoing, and to have seen them funded, but it recog- bate, and that is what the people of that is why I am hopeful we can fix it. nizes the reality of a $14.9 trillion Fed- this country deserve. Ms. MIKULSKI. Are we still talking eral debt that is growing every day. I hope this is going to set a precedent about food stamps? Therefore, we have had to make tough where we will bring every single one of Mr. SESSIONS. No, I am talking—— choices. We cannot have the luxury of the appropriations bills before this Ms. MIKULSKI. I kind of got lost fully funding every program, even body so that Members can work their here. those programs that are very bene- will. It is the right way to legislate, Mr. SESSIONS. No, the Medco ficial. and it avoids the spectacle of our hav- amendment. It was voted on in the In the other cases, we put tough new ing a multiple thousands of pages om- House twice, and on the second vote restrictions on programs where we felt nibus bill, which does not serve the the amendment passed by a narrow the taxpayers have not been getting people of this country well. margin. Our Members did not want to their money’s worth, and that includes Madam President, I suggest the ab- amend the House bill, even though some programs run by public housing sence of a quorum. many opposed that particular amend- authorities and the HOME Program, The PRESIDING OFFICER. The ment. So this would give us an oppor- about which the Washington Post did clerk will call the roll. tunity to vote on it, and it would be an expose’. So we have worked care- The legislative clerk proceeded to germane. fully and closely with the inspector call the roll. Ms. MIKULSKI. I remember that general of the Department of Housing The PRESIDING OFFICER (Mr. very well. I remember it was enor- and Urban Development to make sure CARDIN). The Senator from Minnesota. mously controversial. It was signifi- there are new anti-fraud provisions and Ms. KLOBUCHAR. Mr. President, I cantly confusing, and there was much restrictions. ask unanimous consent that the to be said on both sides. I believe some- It is also important to understand quorum call be rescinded, and I ask to body missed a filing deadline by 24 that the $117 million difference from speak as if in morning business. hours. fiscal year 2011 does not take into ac- The PRESIDING OFFICER. Without Mr. SESSIONS. I think that is basi- count the $3.9 billion in one-time re- objection, it is so ordered. cally correct. scissions taken in fiscal year 2011 that TEACHERS AND FIRST RESPONDERS BACK TO Ms. MIKULSKI. You were the Chair were not available in fiscal year 2012. WORK ACT of the Judiciary Committee, so you are So when you compare the appropria- Ms. KLOBUCHAR. Mr. President, I well versed on the patent issues. Why tions for programs spending, not in- rise today to speak in support of the don’t we turn it over to the leadership cluding the offsets, our bill’s appropria- Teachers and First Responders Back to and see how it turns out. tions are actually $1.1 billion below the Work Act. Mr. SESSIONS. Fair enough. I just fiscal year 2011 enacted levels. Rarely is our economy discussed wanted, for the record, to indicate I I have just given a great deal of dif- without mention of the more than 14 was urging our leadership to make this ferent numbers, but my point is the million Americans who are currently matter pending. same; that is, this is a fiscally respon- out of work and searching for jobs, but I thank the Senator. sible bill, it is a constrained bill. Our this statistic is really only the begin- Ms. MIKULSKI. We will turn it over subcommittee’s allocation was cut ning of the story. to that higher power. quite severely; thus, it was a real chal- Two years after the recession offi- I suggest the absence of a quorum. lenge, but it is a challenge we have to cially ended or at least was at a place The PRESIDING OFFICER. The meet in these very difficult budget of stability, unemployment remains clerk will call the roll. times. We don’t have the luxury of stubbornly high at 9.1 percent. When The legislative clerk proceeded to fully funding even very worthwhile you factor those who are working part call the roll. programs. time because they can’t find a full- The PRESIDING OFFICER. The Sen- It has been a great pleasure to work time job and those who have stopped ator from Maine. with my colleague, Senator MURRAY, working altogether, that number

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6816 CONGRESSIONAL RECORD — SENATE October 20, 2011 quickly climbs. In my home State, it is losing everything they owned in the since 2008 we have lost 1,200 education 2 points better, at 6.9 percent, but there world, all they could do was hug those jobs. are still too many people out of work. public officials and cry because they Cuts such as these hurt our children, It is my firm belief that the role of knew the planning they had put in but they hurt our communities too. We Congress is to promote the interests of place and the acts of the sheriff and the have to compete on an international the American people, and the American police and the emergency system had stage. We are going up against coun- people have said loud and clear that we saved their lives. That is first respond- tries that are actually upping their need to focus on initiatives that are ers at their best. That is public serv- education funding, countries that are about jobs, private sector jobs, jobs ants at their best. making sure their kids are learning in- that pay people so they can support That is why we need to pass the credibly difficult concepts in science their families, jobs that strengthen our Teachers and First Responders Back to and math and technology. We are not economy. Work Act, which would support the going to be able to accomplish that if At a time when enormous budget hiring, rehiring, and retention of ca- they don’t have schools they can learn shortfalls plague our States, many reer law enforcement officers and first in that work, if they don’t have teach- States have been forced to make tough responders. I know State and local ers with the expertise who can teach choices, including cutting the jobs of budget cuts have forced thousands of them these difficult ideas. That is why those individuals on our front lines, police officers and firefighters off the we need to pass the Teachers and First law enforcement and educators. beat. This bill provides $5 billion to Responders Back to Work Act, which In Minnesota, we have seen more keep police and firefighters on the job would offset projected layoffs, pro- than our fair share of crises in recent by creating or saving thousands of first viding for nearly 400,000 education jobs years, but we have also seen the value responder jobs across the Nation and offering a much needed jolt to of effective emergency response. We all through competitive grants to State State economies. witnessed the critical work of public and local governments. It would also provide funding to sup- safety personnel during the minutes The Teachers and First Responders port State and local efforts to retain, and hours following the 2007 bridge col- Back to Work Act also saves or creates hire, and rehire early childhood, ele- lapse in Minneapolis. That was just a jobs through critical investments in mentary, and secondary school teach- few blocks from my house. During that education. A good education should be ers. It is a time when we recognize that emergency, the Minnesota first re- the basic right of every child. I know educating our children is a shared re- sponders reacted swiftly and effec- you know that in Maryland, Mr. Presi- sponsibility. Americans overwhelmingly support tively, and they were aided by a strong dent, as I know it in Minnesota. It is funding for teacher and first responder local public safety network. What we one of the very best investments we jobs. One poll showed that 75 percent of saw that day was a true show of Amer- can make in our future as a nation. Americans support providing funds to ican heroism, a window into the cour- My mom taught second grade until hire police officers, teachers, and fire age, skill, and selflessness first re- she was 70 years old. She had 30 second fighters. graders in her public school class. We sponders practice day in and day out. But passing this bill is not right to They did not run away from this major lost her last summer, but what I will do just because it is popular. It is right bridge collapse—an eight-lane highway never forget is all of those students, to do because it will have a positive in the middle of the Mississippi River— who are now grown up, who came to impact on our children. As we know, they ran toward it. They dove in and the visitation, came to the funeral, and we pay for this bill, and we pay for this out of that water, rescuing people from told me all those stories. bill in a way that shares the responsi- I always knew my mom had dressed dozens of cars in that water. Thanks to bility with those who can afford it the up as a monarch butterfly when they their selfless efforts, while we lost too most. many lives, literally hundreds were had the unit on metamorphosis. She This bill will move our economy for- saved because of that work. These men would wear a butterfly outfit, and she ward without adding to the Federal and women dedicate their lives to pro- would hold a sign that said ‘‘To Mexico deficit. With our economy struggling tecting our families, supporting our or bust.’’ What I did not know was that and 14 million Americans still out of children, and serving the public. They she would go to that local grocery work, the people in my State want perform critical jobs in our commu- store, Cub Foods, and shop. When I Congress to put the politics aside and nities, jobs we cannot afford to lose. first heard that story, I thought that come together to move our economy I saw it again in Wadena, MN, a was pretty funny and something that forward and ensure that our commu- smaller town than Minneapolis, up in she would do. But what I finally real- nities stay strong and that our children northern Minnesota. They had a tor- ized was why she went to that store. remain safe. That is what they want. nado there that literally flattened a Because I met the parents of this It is time to step up and show some mile of their town. I was standing young man who had taken her class in leadership. I believe we need to bring there in complete wreckage, a big high the second grade. He had some pretty this debt down. I am one who believes school where the bleachers were a difficult disabilities. He went on and we need to bring it down by $4 trillion block away, where there was nothing graduated from high school, and his job in 10 years, and I believe there is a way left of a public swimming pool. But not was to bag groceries at that store. She to do it with a balanced approach that one person died in that town even would go back every year to see that doesn’t do it on the backs of these kids though this was in a completely resi- kid in her butterfly outfit so that he in school and that doesn’t do it on the dential neighborhood. Do you know would remember that class. That is a backs of our people who need protec- why? They got their siren out early. public servant. That is what teaching tive services, who need our police, who The teenage lifeguard at that pool, is all about. It is something bigger need our firefighters. What would we which had a dozen kids, got their par- than yourself. have done when that 35W bridge col- ents there within 10 or 15 minutes, and Given the enormous budget shortfalls lapsed if there had not been firefighters she got the remaining kids in the base- across the Nation, States and local and police officers there ready to dive ment across the street. school districts have been forced to cut in and save people? What would we When I visited that town a few days back on education programs and serv- have done if there had not been emer- later, I hugged a man whose entire ag- ices, often laying off needed teachers gency workers ready to take them in ricultural business had been flattened. and other critical staff or raising addi- after they were injured? What would He saved his employees in a safe. He tional revenue to cover the shortfall. we have done in Medina if we did not had always joked that since he didn’t As a result, two-thirds of States were have a proper public siren system in have a basement, they could go in the forced to slash funding for K–12 edu- place? Hundreds of people would have safe. That is what I remember. cation programs and services and are been killed. What would we have done What I remember most is the mayor now providing less per-student funding for that kid I talked about with dis- and the sheriff and how people—despite than they did in 2008, and 17 States abilities if my mom had not been his being blocked from their houses, hav- have slashed funding by at least 10 per- teacher and cared about him and went ing their houses completely flattened, cent since 2008. In my State alone, back to visit him again and again?

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6817 These are people who devote their metal to erode more quickly. However, as it stands would be devastating for lives to public service, and we have to Ohio is one of those States that, al- this one company and put 125 jobs in show America that Washington is not though they require type 2, allow for their Canton, OH, facility at risk. broken; that, instead, we are willing to continuous galvanization or the batch By the way, the guardrails they put the politics aside, we are willing to galvanization process—either one. produce are approved by the American do something smart on the debt and It was a great surprise to me to read Association of State Highway and bring it down to the place where we the legislation before us. The under- Transportation Officials in a document need to bring it, but we are going to do lying bill says the States are prohib- called the M–180 that dictates what is it with a balanced approach. ited from using any kind of guardrail acceptable and what is not. I urge my colleagues to vote for this unless it is type 2, plus it is produced The type of products the current lan- important legislation. It is the decent through this batch galvanization proc- guage would prohibit, by the way, have and right thing to do. ess. So it is a mandate. Again, it has been in use in all 50 States in the coun- I yield the floor. never been in this legislation before. It try, and the continuous process for gal- The PRESIDING OFFICER. The Sen- says it has to be type 2, meaning the vanizing guardrails that would be pro- ator from Ohio. thicker type zinc, and has to be applied hibited has been around for 50 years. AMENDMENT NO. 859 using a particular process, so it is The bottom line is that we should Mr. PORTMAN. Mr. President, I rise micromanaging the process. not give this Ohio company or any in support of amendment No. 859, The life of a guardrail, as you can company an advantage. We should which is a germane amendment to the imagine, is entirely dependent on the allow competition to determine this underlying bill. It is one I introduced thickness of the zinc but also on the and let the States determine it. Why that would restore fairness, encourage environment into which it is placed. come up with a new mandate that competition, and prevent many States There are 15 States that still approve micromanages this process at a time around the country from seeing cost type 1. These States have less extreme when we are all trying to save dollars increases in the price of guardrails. environments where corrosion occurs and use them more efficiently? So this This amendment specifically addresses more slowly, and the extra thickness of amendment seeks to strike the lan- the Transportation bill we are talking zinc is not needed. Without this amend- guage that would limit the flexibility about and addresses one of the new pro- ment, they would be forced to buy a of States and place additional costs in visions in the bill this year that is a more expensive product that they don’t cases where it does make sense to use mandate that I think is not appro- want and don’t need. By the way, those type 1 or it does make sense to use this priate. States are Mississippi, Virginia, Dela- continuous galvanization. A lot of States have infrastructure ware, Oklahoma, Missouri, Kansas, Ne- I urge the Senate take a common- challenges right now, and the last braska, Iowa, New Jersey, Colorado, sense approach, and I urge all of my thing we should be doing here in the Utah, Texas, California, Montana, and colleagues to support this legislation. I Congress is making it more difficult Wyoming. know my colleague may have some for States to pay for their infrastruc- The U.S. Department of Transpor- thoughts on this, but, in summary, I ture with the limited transportation tation has weighed in on this issue. would ask through this amendment to dollars they have. With the fiscal crisis They have said: strike the language that would limit we have, we have to make sure now Requiring all galvanized steel to meet type the flexibilities of States and encour- more than ever that States have the 2 could add unnecessary expense for many age support of amendment No. 859. flexibility to meet the requirements States where the added thickness of galvani- Mr. KOHL. I object to amendment from the Federal Government. zation is not needed. We know that type 1 No. 859 presented by my colleague from At a time when unemployment is galvanizing will protect guardrail compo- Ohio, the guardrail amendment. How- over 9 percent and we have over 14 mil- nents in many locations for the typical 20- ever, I wish to inform him that we are lion Americans out of work, we should year life design. The extra cost of type 2 gal- trying to work out our differences so vanizing may be unwarranted. be doing everything we can to protect we can move forward. For the moment jobs. This amendment would hurt jobs, That is the U.S. Department of I object to the amendment. and this amendment I am offering Transportation. The PRESIDING OFFICER. The would give States more flexibility to The Ohio Department of Transpor- Chair is advised that it is not currently help keep some jobs. tation has said that while they only pending. There are countless miles of guard- use type 2 materials, ‘‘ODOT does not Mr. PORTMAN. I ask unanimous rails in our country, and many of those have a preference as to how galvanizing consent that the pending amendment are manufactured in my home State of occurs.’’ They do not have a preference be set aside, and I call up my amend- Ohio. Those manufacturers galvanize for a particular species of guardrail, as ment No. 859. the guardrails to prevent corrosion, both have been found to have very The PRESIDING OFFICER. Is there and they have two options on the proc- similar properties to one another. They objection? ess they use to galvanize the metal as would prefer that their flexibility to Mr. KOHL. I object. well as two options with regard to the use both kinds remains intact. That is The PRESIDING OFFICER. Objec- thickness of the zinc they use in the the Ohio Department of Transpor- tion is heard. galvanization process. tation. They don’t want to be told they Mr. PORTMAN. I thank my colleague In terms of the galvanization process, can’t use the process many of them use for his comments and look forward to the first method is called continuous now, which is continuous galvani- working with him. Again, it is a simple galvanization, where a company treats zation. amendment. It is a jobs amendment. It the flat steel with zinc and then fab- The primary manufacturer of contin- is perfectly germane to the bill. It is ricates the guardrail afterward. The uous galvanization guardrails is Greg- exactly the type of amendment that I second method is called batch galvani- ory Industries, located in Canton, OH. think should not be blocked through zation, where the company dips the It was founded in 1896. It is a privately this process. final product in a zinc bath after they owned company currently run by the I thank my colleague from Wis- have completed the fabrication. fourth and fifth generations of the consin. In addition, there are two types of Gregory family. These guardrails make I yield the floor. zinc thickness options for the guard- up about 75 percent of the Gregorys’ Mr. KOHL. I suggest the absence of a rail. Type 1 requires a thinner coat of business, and about 99 percent of the quorum. zinc, and type 2 requires a thicker coat guardrails they make are made The PRESIDING OFFICER. The of zinc, which increases the life of the through this continuous galvanization clerk will call the roll of the Senate. guardrail. A lot of States around the process that would be prohibited under The assistant legislative clerk pro- country, including Ohio, require type 2, the legislation. In addition, about 30 ceeded to call the roll. which is the thicker kind of zinc, for percent of their sales come from type 1 Mr. MCCONNELL. Mr. President, I all of their guardrails, and that is due guardrails, which would be prohibited ask unanimous consent that the order to the harsher conditions that cause under the legislation. So the language for the quorum call be rescinded.

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6818 CONGRESSIONAL RECORD — SENATE October 20, 2011 The PRESIDING OFFICER. Without have immunity if they are U.S. citi- It seems that once the President shut objection, it is so ordered. The Repub- zens. down the ability of the CIA to detain lican leader is recognized. Does it not strike my friend from enemy combatants and refused to Mr. MCCONNELL. I ask unanimous New Hampshire as inconsistent for the transfer further detainees from Guan- consent that the junior Senator from administration to authorize lethal tanamo Bay, that many of us were New Hampshire and I be allowed to en- force against a member of al-Qaida waiting for the obvious test case to gage in a colloquy. even if he is a U.S. citizen because he come along in which a terrorist was The PRESIDING OFFICER. Without is part of an enemy force as declared by captured outside Iraq or Afghanistan objection, it is so ordered. the Congress but, on the other hand, and needed to be interrogated and de- AMENDMENT NO. 753 not to trust the military to try by tained. Mr. MCCONNELL. Mr. President, I military commission members of the I know the Senator from New Hamp- thank my good friend from New Hamp- same enemy force who are foreign na- shire is a member of the Armed Serv- shire for the issue she has raised with tionals? ices Committee. Does she recall the regard to the proper way to treat Ms. AYOTTE. It certainly strikes me case of Mr. Warsame, the Somali ter- enemy combatants. Her amendment, as very inconsistent. It is especially rorist captured at sea? which we have been discussing off and odd given that the military commis- Ms. AYOTTE. I do, and the Repub- on here on the floor today, has prompt- sions were enacted by Congress at the lican leader is correct that this test ed predications of doom and gloom suggestion of our Supreme Court. They case shows that in capturing rather from our friends on the other side of were passed on a bipartisan basis and than killing terrorists, we can gain val- the aisle, and a lot of very excited rhet- were refined by the Obama administra- uable intelligence. Instead of sending oric. tion to its liking. Yet the administra- Warsame to Guantanamo, though, he To be clear, I would ask my friend tion refuses to fully use them as they was held and interrogated at sea for ap- from New Hampshire: Is it not true were intended. proximately 2 months. Then law en- that the amendment she has offered Mr. MCCONNELL. The amendment of forcement officials were brought in to does not apply to everyone—absolutely the Senator from New Hampshire to read Warsame his rights. everyone—who might be generally la- this appropriations bill makes clear I wish to take a minute to address ar- beled a terrorist? that in the war on terror we remain at guments that were made on the floor Ms. AYOTTE. I thank our distin- war with al-Qaida and associated earlier by Senator LEVIN from Michi- guished Republican leader, the senior groups, that these forces remain intent gan, the chairman of the Armed Serv- Senator from Kentucky, for that ques- on killing Americans, and that in pros- ices Committee. He claimed that if my tion. That is correct. My amendment ecuting this war, a higher priority amendment were to pass, Mr. Warsame only applies to members of al-Qaida should be placed on capturing enemy would escape justice because we and associated forces who are engaged combatants, interrogating them for ad- wouldn’t be able to prove that he was, in an armed conflict against our troops ditional intelligence value and thereby in fact, planning an attack against the and coalition forces and who are plan- targeting other terrorists. That is the United States. I wish to point out that ning or are carrying out an attack purpose, as I understand it, of the if that were the case, my amendment against our country or our coalition amendment of the Senator from New would not apply because my amend- partners. It does not apply to everyone Hampshire. In military custody, our ment applies to members of al-Qaida or who might be termed a terrorist, and it national security professionals would affiliated groups who are also planning does not apply to U.S. citizens who are have a choice of prosecuting enemy or have carried out an attack against members of al-Qaida. combatants in a military commission, the United States, so he would be able Mr. MCCONNELL. I ask my friend detaining them under the law of war, to be held fully accountable in the ci- further, has the Congress authorized and periodically questioning them for vilian court system. use of military force against al-Qaida intelligence as new information is de- I wanted to correct that because I and associated forces? veloped without them being all think that leaves a misimpression that Ms. AYOTTE. I would answer, yes, it lawyered up. Mr. Warsame would not be or could not has. My amendment only pertains to Ms. AYOTTE. Yes, and yesterday be held accountable under our law. enemy combatants against whom Con- some of our colleagues came to the The second problem with the analysis gress has declared we are in an armed floor to argue that my amendment of the Senator from Michigan is that it conflict. And because we are in an would limit the choices available to ignores what is going on here. The rea- armed conflict with al-Qaida and asso- our Commander-in-Chief in prosecuting son the United States had to take the ciated forces, the Congress has author- terrorists. unusual steps of holding Warsame at ized the use of military force to combat I would ask the Republican leader sea on a Navy ship and then flying him them, and that is why it is called the the following: In January of 2009, did to the United States over the Fourth of authorization for the use of military President Obama, when he first came July weekend is because of the admin- force. into office, issue Executive orders end- istration’s refusal to use the top-rate Mr. MCCONNELL. I cannot recall a ing the Central Intelligence Agency’s detention facility at Guantanamo Bay, time when Congress has declared we detention program, ending the CIA’s Cuba, that we have there for long-term are in an armed conflict, has author- option for using enhanced interroga- military detention. Because it refuses ized the use of military force against tion techniques, ordering the closure of to use this valuable asset for new cap- the enemy in that conflict, and yet the the secure detention facility in Guan- tures, the administration has gone to executive branch has a bias against tanamo Bay, Cuba, prior to any study great lengths to treat these enemy using the military for interrogation being done concerning how to dispose combatants who are captured on an ad and, if need be, a trial of these enemy of the population of enemy combatants hoc basis instead of placing them in a forces. Can the Senator from New there—we now know that 27 percent of long-term detention facility, which Hampshire recall such an occasion? them are back in theater—and sus- places an artificial time period on Ms. AYOTTE. No, I cannot. pending military commissions? when we can interrogate these individ- Mr. MCCONNELL. Two days ago the Mr. MCCONNELL. Well, of course, uals and how long they will be avail- President’s top lawyer at the Pentagon the Senator from New Hampshire is en- able to gather information to protect defended the administration’s decision tirely correct. President Obama has Americans. for use of lethal force against an Amer- unilaterally restricted the tools avail- As the Republican leader has noted, ican citizen who was a member of al- able to him for combating terrorism, the President’s top lawyer at the Pen- Qaida. In doing so, he noted that using including by ordering the closing of tagon observed that members of al- lethal force in such a case is perfectly Guantanamo Bay prior to having any Qaida are enemy combatants and that appropriate because that person was an plan for dealing with the population of Congress has passed an authorization enemy combatant. Specifically, he the Yemeni detainees who are almost for the use of military force to treat said: Those who are part of the con- certain to return to the fight if they them as such. We need to do that on a gressionally declared enemy do not are released from Guantanamo Bay. consistent basis and use the military

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6819 assets we have. We should not have an member of the Appropriations Com- tant part of the President’s economic ad hoc, haphazard approach to treating mittee the first day I came to the Sen- team. That person is now missing in enemy combatants. We should not ate, and I managed many appropria- the Commerce Department. Commerce Mirandize enemy combatants who are tions bills on the Senate floor. For has to do with jobs. There is nobody our military captures and then hold every one of them, we had more amend- there. That dictates that we have a them on makeshift prison barges as if ments than we had time to vote on leader with strong, real-world experi- we were in the 19th century because them. That is where we are today. But ence. This position has been vacant the administration refuses to use the only way we can finish them is to since Ambassador Locke left for China Guantanamo Bay and then import work through these amendments. We in late July. It is stunning to think, them into the United States so they hope we can do that; otherwise, we will with what the country is going can be detained in our civilian court have a cloture vote either tonight or through, we don’t have a Cabinet Sec- system, tried in our civilian courts, tomorrow to determine whether we retary who can attend to manufac- with the possibility that they could be want to finish these appropriations turing and other kinds of jobs and job- released into the United States if they bills—all extremely important—Com- related efforts that he will do. But be- are acquitted or given a modest sen- merce-State-Justice, Agriculture, and, cause of the insistence of the minor- tence, as nearly happened with Ahmed of course, the Transportation bill. It ity—and I had no objection to this—we Ghailani. would be good for us to be able to get were unable to move this nomination Now is the time to keep the pressure this done. until the trade agreements were fin- on al-Qaida, whether in the tribal areas I heard Senator COLLINS, the Senator ished. The trade agreements had to of Pakistan or in Yemen. Our law en- from Maine, speak about this a little come forward and passed, that was forcement officials have done a tre- earlier today, and she did an extremely done, and then it was OK to proceed to mendous job in contributing to the good job of explaining why it is impor- the Bryson nomination. counterterrorism fight. But we cannot, tant we do this. The Commerce, Science, and Trans- for the first time in the history of this f portation Committee confirmed Mr. country, take the view of the Attorney Bryson by a voice vote. I recall no ob- General, which is that our civilian EXECUTIVE SESSION jections at all. Mr. Bryson will be an court system is the most effective excellent Secretary of Commerce, and weapon in our conflict with al-Qaida, NOMINATION OF JOHN EDGAR America is entitled to have a Secretary because that is simply not the case. BRYSON TO BE SECRETARY OF of Commerce on the job. Mr. Bryson Thank you, Mr. President. COMMERCE possesses a rare combination of actual The PRESIDING OFFICER. The Sen- real-life business experience and a very ator from Texas. Mr. REID. Under the previous order, broad intellect. As an executive, he has Mrs. HUTCHISON. Mr. President, I I move to executive session to call up proven himself to be a talented execu- wish to thank the Senator from New Calendar No. 410, the nomination of tive and has shown his dedication to Hampshire on behalf of the leader. She John Bryson, to be Commerce Sec- public service. He cares about public has brought to the floor an outstanding retary. service. He has had to wait a long time amendment that needs to be addressed The PRESIDING OFFICER. The to get this job, and he has been in and because this is an issue that is cer- clerk will report the nomination. out of public service. tainly on a lot of people’s minds, as to The assistant legislative clerk read My colleagues should appreciate that why we would be using our judicial sys- the nomination of John Edgar Bryson, Mr. Bryson’s confirmation comes at an tem for enemy combatants. She has ar- of California, to be Secretary of Com- important crossroads for the country ticulated it so well, as the former at- merce. and for the Commerce Department torney general of New Hampshire, and Mr. REID. Mr. President, there are 4 itself. The challenges obviously are we appreciate so much that she has hours under the order previously en- very important: high unemployment, a brought this amendment. It is going to tered. We are hoping all this time will slow economic recovery. The Secretary get a lot of support from the American not have to be used. I ask unanimous of Commerce plays a major role in pro- people as well as Members of the Sen- consent that 20 minutes remain, equal- moting jobs and our economy. But to ate. ly divided between the two leaders or do that, he has to be in place and on Thank you, Mr. President. their designees, regardless of any time the job. If confirmed, as I believe he de- The PRESIDING OFFICER. The ma- consumed in quorum calls throughout serves to be, he will have to face these jority leader is recognized. the presentations made on this matter. deep challenges and looks forward to so Mr. REID. Mr. President, we have The PRESIDING OFFICER. Is there doing. worked very hard to move through this objection? But I believe Mr. Bryson’s experience first tranche of appropriations bills we Without objection, it is so ordered. provides him with the capacity to help have. Progress is being made but not Mr. REID. I wish to congratulate my restore jobs in manufacturing in Amer- nearly enough progress. I am going to friend, the chairman of the Committee ica as the Secretary of Commerce. I move in just a minute to the Bryson on Commerce, Science, and Transpor- have long fought for a stronger manu- nomination. But I want everyone with- tation, and the Senator from Texas, facturing sector in this country. Any- in the sound of my voice to understand KAY BAILEY HUTCHISON. They both body from West Virginia would be this cannot go on forever. People some- worked very hard in a fair way to move crazy to do otherwise. Manufacturing times are unreasonable. We cannot forward on this. It has been good for has been hit hard all over the country have votes on all these amendments the Senate. When we confirm this nom- during this past decade, losing one- that have been called up. I hope every- ination, it will be good for the country. third of its workforce, and the govern- one understands there has to be some I don’t think we will use all this ment’s response has been piecemeal. give-and-take here, and we need to time. I hope we can vote on this matter This needs to change. If the next dec- move through this. They need to be co- anywhere between 6:30 and 7:30 tonight, ade is as bad for manufacturing jobs as operative with the staffs, because when hopefully closer to 6:30. the previous one, we are going to have this matter regarding the Secretary of The PRESIDING OFFICER. The Sen- very little left to work with of the Commerce nomination is finished, we ator from West Virginia. manufacturing sector if we are trying are going to have to make a decision as Mr. ROCKEFELLER. Mr. President, I to save it. This has grave national se- to whether we can continue working on rise in strong support of John Bryson curity implications and could cripple this appropriations bill. of California, whom President Obama our ability to outinnovate and This was a noble experiment. I am has nominated to be his Secretary of outcompete other countries. That is al- part of it. I want it to work very much, Commerce. ready happening. but it can’t work without the coopera- Mr. Bryson’s nomination comes at a In the Commerce Committee, we held tion of all Senators. very critical time for our country and three hearings on this issue this year; I say to everyone listening, this is for our economy. No one disputes the that is manufacturing, and we also in- the way it has always been. I was a Secretary of Commerce is an impor- cluded a field hearing, which happened

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6820 CONGRESSIONAL RECORD — SENATE October 20, 2011 to be in West Virginia—total coinci- merce. It is a critical, defining moment Mr. KERRY. I would say to the Pre- dence—on exporting products made in in many ways for our economy. The siding Officer, this is a letter written America. challenges are well known by every- to Senator REID and Senator MCCON- Mr. Bryson knows that if confirmed, body here in the Senate, and the deci- NELL from Carlos Gutierrez, Norman I intend to work with him to make sions we make or fail to make on new Mineta, Barbara Franklin, Don Evans, manufacturing a high priority in our energy sources, on infrastructure, tech- Mickey Kantor, Pete Peterson, all job-creation agenda. nology, research—all of the items the former Commerce Secretaries, all of A word on NOAA and NIST. Mr. Senator from West Virginia men- whom are strongly supportive of this Bryson will also bring his leadership to tioned—all of those are going to play a nomination. help NOAA innovate its essential serv- critical part in defining the United In addition, I ask unanimous consent ices to help all Americans, from daily States leadership role in the global that a letter to Senator REID from the weather forecasts to fisheries manage- economy. president and CEO of the U.S. Hispanic ment, and from coastal restoration to The experience of John Bryson in the Chamber of Commerce be printed in supporting marine commerce, and on private sector has won him broad sup- the RECORD. and on. NOAA’s products and services port in the business community. There being no objection, the mate- support economic vitality and affect Mr. President, I ask unanimous con- rial was ordered to be printed in the more than one-third of America’s gross sent that a letter from former Secre- RECORD, as follows: domestic product. taries of Commerce serving both Re- UNITED STATES HISPANIC Americans in many States across the publican and Democratic administra- CHAMBER OF COMMERCE, October 18, 2011. Nation have suffered record-breaking tions alike be printed in the RECORD. There being no objection, the mate- Hon. HARRY REID, weather disasters in 2011, and much of Majority Leader, U.S. Senate, the gulf continues to recover from the rial was ordered to be printed in the Hart Senate Office Building, Washington, DC. worst oil spill in our history. RECORD, as follows: DEAR SENATOR REID: On behalf of the Mr. Bryson’s business-minded leader- Hon. HARRY REID, United States Hispanic Chamber of Com- ship is valuable now more than ever to Majority Leader, U.S. Senate, merce (USHCC), which advocates on behalf help NOAA continue to improve its im- Washington, DC. of nearly 3 million Hispanic-owned busi- Hon. MITCH MCCONNELL, nesses through our network of 200 local portant services and keep pace with chambers throughout the nation, I am writ- scientific innovation. Republican Leader, U.S. Senate, Washington, DC. ing to register our wholehearted support for The Department of Commerce also OCTOBER 20, 2011. President Obama’s nomination of John houses the National Institute of Stand- DEAR MAJORITY LEADER REID, REPUBLICAN Bryson to serve as our next Secretary of the ards and Technology, NIST—an ex- LEADER MCCONNELL AND MEMBERS OF THE United States Department of Commerce. traordinary place. I think we have had UNITED STATES SENATE: We are writing as As our next Commerce Secretary, Mr. a couple of Nobel laureates out of NIST former Commerce Secretaries—who have Bryson will bring a wealth of experience served both Republican and Democratic Ad- from the private sector. As a former CEO, he in the last year. NIST is critical to understands the challenges that American U.S. innovation and economic competi- ministrations—to urge you to confirm John Bryson as Secretary of Commerce. companies, both large and small, are facing tiveness through its measurement At a time when the nation is focused on in this economy and he will be a strong busi- science, standards, and technological strengthening the economic recovery and job ness advocate in the Cabinet. As the Presi- development. NIST plays a critical role creation, American businesses and workers dent and CEO of Edison International for 18 bringing together industry, govern- need a Commerce Secretary working for years until he retired in 2008, Mr. Bryson led the company through the electricity crisis of ment, and universities to advance ev- them. For almost 18 years, as CEO of Edison 2000–2001, a period which marked California’s erything from manufacturing to cyber- most turbulent era in the power sector. His security to forensic science standards. International, John was a widely respected business leader. He successfully led Edison stewardship proved that he is a sound busi- ness leader, who can make tough decisions. Mr. Bryson’s own experience in both through crisis; he made tough decisions, and Edison International endured the crisis and the public sector and private sector he created jobs. Importantly, John under- remains a strong company today, largely due will serve him well as he and his de- stands the challenges facing U.S. companies to his efforts. During these difficult eco- partment tackle such national chal- and what they need to prosper so that they nomic times, we need people who have dem- lenges. can create jobs. onstrated their ability to lead during crisis, John has served on the Board of Directors In closing, Mr. Bryson is eminently those who can find viable solutions to our for a number of U.S. companies—including qualified to be Secretary of Commerce nation’s financial challenges. and to lead this important Cabinet De- Boeing and Disney—and has provided counsel As a former CEO and board member for to many entrepreneurs in their early stage non-profit organizations, as well as Fortune partment during a time in which the businesses. This is the type of experience we American people are looking for inno- 100 companies such as Disney and Boeing, need in President Obama’s cabinet. Mr. Bryson is aware of the challenges facing vative solutions to improve our econ- We know what it takes to do this job and our businesses and entrepreneurs. With small omy and create jobs. And we need all its importance to the nation’s economy. In business as the backbone of our economy, it the good people we can get. these challenging economic times, John is important that the new Secretary inti- I urge my colleagues to quickly sup- Bryson has the experience that will help mately understand the challenges and oppor- port Mr. Bryson’s confirmation so he move our country forward and provide an tunities faced by our community. We are important perspective in the President’s can begin his important work toward confident that Mr. Bryson’s background will Cabinet. enable him to approach this post with our that end. We strongly support him and ask you to Mr. President, I yield to my distin- priorities in mind. For his proven record as support his confirmation. a business and civic leader, the USHCC urges guished friend from the State of Massa- Sincerely, a swift confirmation of Mr. John Bryson as chusetts, Senator KERRY. CARLOS GUTIERREZ, the next Secretary of Commerce. The PRESIDING OFFICER. The Sen- Former Commerce Sec- Sincerely, retary, 2005–2009. ator from Massachusetts is recognized. JAVIER PALOMAREZ, Mr. KERRY. Mr. President, I thank NORMAN MINETA, President & CEO. the Chair and I thank the chairman of Former Commerce Sec- retary, 2000–2001. Mr. KERRY. Mr. President, let me the Commerce Committee, the Senator BARBARA HACKMAN say, very quickly, that John Bryson from West Virginia. FRANKLIN, brings to this role the special qualities I strongly support the nomination of Former Commerce Sec- of somebody who has served as the John Bryson to serve as Secretary of retary, 1992–1993. chairman and CEO of one of the Na- Commerce. I think he is an exceptional DONALD EVANS, tion’s largest utility companies for al- choice by the President, and I am abso- Former Commerce Sec- most 20 years, being the chairman and lutely confident, having served with retary, 2001–2005. CEO of Edison International. He has many Commerce Secretaries through MICKEY KANTOR, Former Commerce Sec- been a board member for nonprofit or- the years, that he is going to be one of retary, 1996–1997. ganizations as well as for major cor- our best. I think he is the right person PETER PETERSON, porations in our country: Boeing, Dis- at this moment in time to be taking Former Commerce Sec- ney, some of the great success stories the helm at the Department of Com- retary, 1972–1973. of our country.

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6821 He has extensive experience working I first got to know John when he Bryson’s combination of pragmatism, on international issues through his served for 18 years as CEO of Edison experience in the boardroom, and un- work at Edison International and as International, one of the 200 largest derstanding of the public sector will chair of the Pacific Council on Inter- corporations in the United States, with make him an outstanding Commerce national Policy. I am convinced that if more than 20,000 employees. Edison Secretary. I expect he will be a power- he is confirmed as Secretary of Com- International is the parent company of ful voice inside the administration and merce today, he is going to focus on in- Southern California Edison, which pro- a partner with the business community creasing American exports, and he will vides power to 14 million Californians to grow our economy and open inter- be a superb ambassador, helping Amer- and nearly 300,000 businesses. national markets for American manu- ican companies that are looking to ex- As my colleagues may recall, in 2000 facturers. pand across the globe. This is a person and 2001, California was gripped by an I make these remarks on behalf of who has already proven his ability to energy crisis that resulted in rolling my colleague Senator BOXER as well. be able to deal with people in other blackouts that left millions of Califor- We have a California candidate for Sec- countries, with other companies, and I nians in the dark. The period marked retary of Commerce. We are the largest am confident about his ability to per- the most turbulent era ever for the State in the Union. We have 12.1 per- form this task. California power sector. Price caps, cent. We need job generation. So I His previous experience has exposed manipulation, rolling blackouts, de- trust that John Bryson is going to pro- him to the importance of innovation regulation, and Enron became the vide this, and provide it as expedi- and technology at a vital time for the focus of our attention. tiously as is humanly possible. information economy. His Department During that difficult time, John’s Mr. President, I yield the floor. is now leading the administration in company was under siege. I watched its efforts on issues ranging from pri- closely as he successfully fended off fi- The PRESIDING OFFICER. The Sen- vacy to spectrum reform. I am con- nancial disaster, even as other Cali- ator from Wyoming is recognized. fident he is the right person to help fornia utilities were swept into bank- Mr. BARRASSO. Mr. President, I lis- make that process work. ruptcy. I met and spoke with John tened to the statements made by my I also know his work on competitive- often during that energy crisis and re- colleagues, and I have come to a dif- ness means he will be at the forefront member well his intelligence and prag- ferent conclusion. I think this nominee of helping to lead our country to, in matism, as utilities, State officials, is actually the wrong person at the fact, invest in the skills of our work- and Washington worked our way worst time. At a time when the unem- ers, the infrastructure of the Nation, through the crisis. ployment rate is 9.1 percent, when 14 and retain and bring the brightest peo- Some say that a crisis serves as the million Americans are looking for ple in the world to this task. best test of a person’s character. If work, I would think the President Finally, I want to close saying, in my that is so, John Bryson is a man of ex- would want to respond appropriately conversations with whom I hope to be ceptional character. In my observation, and nominate someone to lead the Secretary Bryson, we raised an issue he worked hard to hear from the people Commerce Department whose record that is of critical importance to us in of California, his shareholders, and the was consistent with the mission out- Massachusetts. Because of Federal reg- many businesses that relied on a stable lined for the Commerce Department. ulations limiting fishing in our waters, power grid. After emerging from the That mission is to promote job cre- a lot of our fishermen have been put crisis, from 2003 to 2007, John turned ation, to promote economic growth, to out of business or pushed to the brink, Edison around completely. The firm promote sustainable development, and and there is a great frustration that was No. 1 among investor-owned utility improve standards of living for all exists between the fishing community companies for returning value to its Americans. So I would think the Presi- in our region and the Federal Govern- shareholders. I believe he will carry dent would want to nominate someone ment. When I met with John Bryson, he ex- this same thoughtful, sensible leader- who has a record of robust job creation. hibited an understanding of the impor- ship style with him to the Commerce Instead, the President has nominated tance of that issue and a willingness to Department. someone whose political advocacy is, In addition to his time at Edison, he come to Massachusetts and help us re- in my opinion, detached from the fi- has served as director, chairman, or ad- solve this current situation. We are, nancial hardships facing tens of mil- viser for a wide array of companies, frankly, here waiting for his confirma- lions of Americans today. schools, and nonprofit organizations, tion, months after those conversations Most Americans recognize that cap including many institutions with deep took place, and his talents could have and trade—or, as I call it, cap and tax— roots in my home State of California, been put to use in so much of the chal- is job killing. It is a job-killing energy such as the Walt Disney Company, lenge we face in this Nation. tax. Yet this nominee has repeatedly BrightSource Energy, Boeing, and the I hope my colleagues will join in an advocated for cap-and-trade legisla- asset manager KKR; the California overwhelming vote of support for this tion. He even called the Waxman-Mar- Business Roundtable, the Public Policy outstanding, capable nominee, who I key legislation a moderate but accept- Institute of California, and the Univer- think is the right person for this time. able bill. There are colleagues on the sity of Southern California’s Keck The PRESIDING OFFICER. The sen- other side of the aisle who support that School of Medicine; the Council on ior Senator from West Virginia. legislation. I do not. I view it as a tax. Foreign Relations, Stanford Univer- Mr. ROCKEFELLER. Mr. President, I The nominee even went so far as to say sity, the California Institute of Tech- yield time to the senior Senator from the legislation was good precisely be- nology, and the California Endowment. California. cause it was a good way to hide—to I am also proud to note that John The PRESIDING OFFICER. The Sen- hide—a carbon tax. But is that the role and I share the same alma mater— ator from California is recognized. of the Secretary of Commerce: to hide Mrs. FEINSTEIN. I thank Senator Stanford—where John earned his un- taxes on American businesses, on ROCKEFELLER very much. dergraduate degree. Later he attended American families, to make American Mr. President, I believe John Bryson Yale Law School before returning to businesses less competitive, to make it is well suited for this important role, California. more expensive for them to hire new particularly at a time when our econ- John Bryson’s experience paints a workers? omy is fragile and job creation is not picture of a leader who focuses on the occurring fast enough. practical and the achievable. I believe, Mr. BARRASSO. I want to find ways He has a lot of experience. Senator if confirmed, he will support measures to make it easier and cheaper for the KERRY just pointed this out. He has run that meet those criteria. private sector to create jobs, not for a multibillion-dollar company, he has At this time in our economic history, ways to hide taxes and make it more been a strong advocate for business, he our No. 1 priority as a government expensive and harder for the private is ready to advance a jobs agenda—and must be to grow the economy and get sector to create jobs. all of that makes him a perfect fit for people back to work. I know my Senate Finally, I wish to point out what hap- Commerce Secretary. colleagues agree. In my view, John pened during the confirmation hearing

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6822 CONGRESSIONAL RECORD — SENATE October 20, 2011 before the Senate Commerce Com- leaving the United States with the du- America and create the jobs that will mittee. The chairman of the com- bious distinction of having the highest get this unemployment rate back down mittee, who is here on the floor, ques- corporate tax rate in the world. Low- and get people back to work. tioned Mr. Bryson about coal. Coal is ering the U.S. corporate tax rate I do not have people on my side yet important to the chairman’s State, and should be a substantial part of any tax who are going to speak, but there are it is very important in my State, a big reform, and although that tax policy is two others who wish to speak. I will part of our economy. He asked for beyond the Commerce Secretary’s re- put us in a quorum call until they get straight, direct answers, which the sponsibility, I did ask Mr. Bryson to the floor and then that will probably chairman did not receive, to the point whether he believed our corporate tax allow us to yield back. I will ask my that he actually invited the nominee to rate was too high and would he be a colleagues, any who are listening, if visit with him privately in his office to voice for lowering it. He said he would. they wish to speak on behalf of or discuss the issue. I thought that was a very important against Mr. Bryson to please come to So I come here today to say, we need statement for him to make, and impor- the floor now so we might be able to a Commerce Secretary who is com- tant for the Secretary of Commerce to know that everyone has been satisfied mitted to making American businesses commit to doing. and we will be able to take this to a more innovative at home and more We have now passed the free-trade vote. I do think Mr. Bryson has waited competitive abroad—more innovative agreements that held up consideration very patiently for a very long time to at home, more competitive abroad. We of his nomination. If confirmed, I ex- have this come to a conclusion. I hope need someone who will address the pect Mr. Bryson to take advantage of we can do that on as quick a basis as problems of high unemployment, slow the agreements and work to assist our we can, giving everybody the ability to economic growth, and rising consumer businesses with the efforts to reach out talk if they so choose. costs aggressively and dispassionately. and expand new markets with these I suggest the absence of a quorum. In my opinion, John Bryson is not that new free-trade agreements. Mr. Bryson The PRESIDING OFFICER. The person. Therefore, I will not support made statements before the Commerce clerk will call the roll. The bill clerk proceeded to call the nor will I vote for his nomination. Committee supporting cap-and-trade roll. I yield the floor. legislation because he felt that the Mr. MCCAIN. Mr. President, I ask The PRESIDING OFFICER. The Sen- electric utility industry—he was the unanimous consent that the order for ator from Texas. chairman of a major corporation in Mrs. HUTCHISON. Mr. President, the quorum call be rescinded. that industry—needed regulatory cer- The ACTING PRESIDENT pro tem- today, very shortly, we will vote on tainty. That was his reason for coming pore. Without objection, it is so or- President Obama’s nominee to be the out for cap and trade. I disagreed with dered. Secretary of the Department of Com- him on that. I agree with many of my Mr. MCCAIN. Mr. President, I thank merce, Mr. John Bryson. This is the colleagues that that is not the right the distinguished chairman and the most senior position in the Depart- approach for America. We should not ranking member of the Commerce ment, which is tasked with promoting have cap and trade, as some have called Committee for their hard work on this business, creating jobs, and spurring it, cap and tax. But Mr. Bryson again nomination and their continued great economic growth. While this has al- said that he had no interest in pursuing work in the Commerce Committee, on ways been important, it is very appro- that kind of legislation if he is con- which I once had the great honor of priate now, with the unemployment firmed as Secretary of Commerce. serving. rate at 9.1 percent. I would point out that Mr. Bryson I rise today to support the nomina- The administration has talked about has the support of the U.S. Chamber of tion of Mr. John Bryson to be the 37th job creation and the need for regu- Commerce, the Hispanic Chamber of Secretary of the Department of Com- latory reform. But respectfully, I have Commerce, and the National Associa- merce. As I mentioned, during my time not seen regulatory reform yet a pri- tion of Manufacturers. They will be in the Senate I had the great honor of ority on the President’s agenda. You major constituents he will represent in serving on the Commerce, Science and might not find a pricetag for regula- trying to build business for our coun- Transportation Committee, one of the tion, but there is no question that busi- try. He is also supported by six former most important committees in the nesses know when they are overregu- Secretaries of Commerce, including Senate, in my view. It is a wonderful lated. It stifles their ability to create Secretaries that served in the adminis- and broadening experience to be a jobs. This year alone regulations are trations of George W. Bush, George H. member of that committee. projected to cost U.S. taxpayers $2.8 W. Bush, and Richard Nixon. I think what we are discussing today trillion, and new regulations imposed In summary, I believe the President is important; that is, whether Mr. by the administration in 2011 would should be given deference in selecting Bryson should be confirmed by Mem- cost over $60 billion. So during the con- the members of his Cabinet unless bers of my side of the aisle, because we firmation process, when Mr. Bryson there are serious issues against the may not agree with some of his views was before our committee, I asked him nominee. I have voted against a few of and some of his philosophies and state- about his view on overregulation. He the nominees of some of the Presidents ments in the past. stated that he would be a voice in the while I have been in the Senate, but I I want to be clear. If I were President administration for simplifying regula- do it rarely and very carefully, because of the United States, I would probably tions and eliminating those where the I think that elections have con- not have nominated Mr. Bryson, even cost of regulation exceed the benefits. sequences. I believe the President has though I am confident he is a fine man. I believe his business background the right to make his decisions. We just have different views on issues. qualifies him to address that issue. It I do not believe there are issues that I think we all ought to appreciate the would give him the experience to be rise to that level in the case of John fact that elections do have con- helpful in bringing back the regula- Bryson. He does have a business back- sequences. When a President is elected, tions that are stifling the growth of ground. He is well regarded by many we have an important role to play of business and therefore the job creation colleagues who have called me on his advice and consent. But we also have a in our country. behalf, who have been with him in the role to play in understanding that the I also appreciated that Mr. Bryson business world. I do not see any issue American people have spoken and said in the confirmation hearing that that would cause me not to vote for his elected a President of the United the National Labor Relations Board nomination. I will support his nomina- States and placed on him the responsi- was wrong in trying to keep Boeing tion. I will work alongside him to be a bility of the Presidency. The best way from choosing where it would manufac- voice for job creation in our country. I he can carry out those responsibilities ture its products. On the corporate tax hope he is confirmed. I think he will be in the most efficient fashion is to have rate, the United States currently has confirmed. I would hope he would then members of his team around him, peo- the second highest corporate tax rate work with other Members of Congress ple in whom he has trust and con- in the world, behind Japan, which has who want to help him be an effective fidence. Mr. Bryson clearly has the said it will lower its rate, ultimately voice for business and investment in trust and confidence of the President.

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6823 There are times when all of us have from Arizona. I want to say that he John Bryson is a proven, well-respected ex- opposed a nominee for an office that re- was chairman of the Commerce Com- ecutive who will bring his private sector ex- quires the advice and consent of the mittee and did a fine job. I am so ap- perience to the Commerce Department’s Senate. But those occasions should be preciative that he put a perspective on broad portfolio. rare. Those occasions should be when, the role of advice and consent in the The National Association of Manu- in the judgment of a Senator, that in- Senate, because there are times when facturers says Bryson has ‘‘a strong dividual is not fit to serve. That is a all of us have said the issues regarding business background . . . which gives big difference between whether you a certain nomination are so great that him the advantage of having exposure think that individual should serve or they would not allow us to vote for to the difficult issues manufacturers not. In other words, the President’s confirmation. But that is not the case face in today’s global marketplace.’’ right, in my view, to have a team here. I do think Senator MCCAIN made The President and CEO of the Na- around him so that he can best serve the eloquent statement that Mr. tional Association of Manufacturers, the country is a very important consid- Bryson might not be his choice, but Jay Timmons, said: eration, without losing or in any way that is not the question before us. He is Mr. Bryson has a strong business back- diminishing our responsibility of ad- qualified for this job. He has the busi- ground and serves on the board of many vice and consent. ness background we need. We certainly manufacturing companies, which gives him Mr. Bryson has held a number of po- need a Secretary of Commerce to be the advantage of having exposure to the dif- sitions in business and in other walks able to help our businesses grow and ficult issues manufacturers face in today’s of life that are impressive. He may not create jobs, and elections do have con- global marketplace. have made statements or done things sequences. I believe the way we get out of this that we particularly agree with, but I I thank the Senator from Arizona for downturn is manufacturing, it is mak- don’t think you can question Mr. taking the time to come and make that ing things in America again, it is in- Bryson’s credentials and background to part of the record complete. I am venting stuff, and it is exporting to the fulfill the job of Secretary of Com- pleased we are having this kind of dis- world. These business groups know merce. That should be the criteria, in course. I think the record will be com- that Mr. Bryson understands their my view. plete, and I believe that when our col- issues. Everybody is entitled to their opin- leagues think about the importance of The Chamber of Commerce says ions as to their role as a Senator re- the President having his nominee for Bryson has ‘‘extensive knowledge of garding advice and consent. I don’t try this job, and the qualifications that the private sector and years of experi- to tell any other Senator their role. Mr. Bryson has, even if you disagree on ence successfully running a major com- But I think that the Senate, during issues—which I certainly do, Senator pany.’’ most of its existence, will find the MCCAIN does, and Senator BARRASSO From Edison International we hear President has been given the benefit of does, and we are going to disagree on that Bryson was ‘‘a visionary leader of appointing individuals to positions of issues; that happens every day. But Edison International, and we know authority and responsibility because does it rise to the level of voting that he will bring that same leadership the President has earned that right. So against this nomination? That is the to the Department of Commerce.’’ it has to be an overriding reason to question we have to answer. I thought Boeing says this: vote to reject a nominee. Senator MCCAIN answered it very well. John Bryson’s global business experience By the way, I point out that, in this I yield the floor and suggest the ab- and strong leadership skills are a great particular case, because of inaction on sence of a quorum. match for the position of Secretary of Com- the trade agreements, a group of us The ACTING PRESIDENT pro tem- merce. sent a letter to the majority leader pore. The clerk will call the roll. The Acting President pro tempore saying we would withhold support for The legislative clerk proceeded to serves on the Commerce Committee, as the current nominee until the free- call the roll. I do. I head the Subcommittee on Com- trade agreements were passed. The Ms. KLOBUCHAR. Mr. President, I petitive Innovation and Export Pro- ask unanimous consent that the order free-trade agreements were passed. motion, and I have seen firsthand the for the quorum call be rescinded. I urge my colleagues to look at Mr. need to make sure the Commerce Com- Bryson’s background and not whether The ACTING PRESIDENT pro tem- pore. Without objection, it is so or- mittee is thinking every single day—as you agree with his statements or phi- the Commerce Department should— losophy, but whether he is truly quali- dered. Ms. KLOBUCHAR. Mr. President, I about how we get more jobs in this fied. I believe he is qualified to serve. country, how we make sure we are I will also mention to my colleagues am here today to talk on behalf of working with business as partners, how on this side of the aisle that some day, Commerce Secretary nominee John we make sure we get through the red- sooner or later—and I hope sooner Bryson. Mr. Bryson testified before our tape, and that we put forward a com- rather than later—we will have a Re- Commerce Committee. I was impressed petitive agenda for this country. That publican President who will be nomi- by his background and by his ability to nating individuals to serve on his team answer the questions and by his under- is why I am supporting Mr. Bryson for or her team. Then I hope my colleagues standing of business. I think everyone Commerce Secretary. on the other side of the aisle will also knows we are facing difficult economic Mr. INOUYE. Mr. President, I rise observe sort of what has been tradi- times in this country and we need today to support the nomination of Mr. tional in the Senate, which is that you someone in that job that understands John Bryson to be the Secretary of give a President certain latitude to business. Commerce. The Secretary of Commerce pick the members of his team who he Mr. Bryson has strong and broad sup- plays a key role in overseeing a depart- thinks will help him serve this Nation port within the business community, ment that is responsible for spurring through difficult times with the ut- and his nomination has been endorsed innovation, supporting small business, most efficiency and loyalty. by such groups as the U.S. Chamber of and providing our Nation with oper- I thank both Senator ROCKEFELLER Commerce, the Business Roundtable, ational scientific information. In tough and Senator HUTCHISON for their work and the National Association of Manu- economic times we need strong leader- on this important and, in my view, all facturers. Six former Commerce Secre- ship in this key cabinet position in too controversial nomination. I urge taries, from the George W. Bush, Bill order to ensure that our Nation’s needs my colleagues to vote in support of the Clinton, George H.W. Bush, and Nixon in these areas are met. nomination of John Bryson to be the administrations, have also joined in To that end, Mr. Bryson brings with 37th Secretary of the Department of strongly supporting his confirmation. him a strong record of business leader- Commerce. Mr. Bryson, as we know, was reported ship and a sense of the importance of I yield the floor. favorably to the entire Senate by the resource stewardship, a rare combina- The ACTING PRESIDENT pro tem- Commerce Committee. But let’s look tion that I believe will serve him ex- pore. The Senator from Texas. at what some of the groups have said tremely well. Unfortunately, there are Mrs. HUTCHISON. Mr. President, I about Mr. Bryson. The Business Round- those who believe that his past associa- thank the distinguished senior Senator table says: tion with certain environmental groups

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6824 CONGRESSIONAL RECORD — SENATE October 20, 2011 or his eminently sensible support for a I have visited small businesses that clean energy development and clean solution to our reliance on fossil fuels, received assistance from these Depart- energy jobs by making investments in should disqualify him from this post. I ment of Commerce agencies and know those renewable technologies. He un- would suggest that these naysayers how vital such support can be for en- derstands new clean energy tech- consider that Mr. Bryson has been en- trepreneurs who want to grow their nologies will create millions of jobs dorsed by the Business Roundtable, the business or maybe export for the first here at home and that the Nation that National Association of Manufacturers, time. rises to this challenge will lead the and the U.S. Chamber of Commerce. The Department of Commerce al- world because the whole world is look- The support shown by these groups ready faces enough challenges to meet ing for these kinds of technologies. ought to demonstrate the nominee’s its vital mission. Delaying Mr. I think Mr. Bryson comes to us with commitment to growing American Bryson’s nomination any further would varied experiences which will serve us business and the American economy. I only add to those challenges at a time well and will serve President Obama also suggest we should not fear a nomi- when we can ill afford it. well. Mr. Bryson’s nomination has been nee who has shown a willingness to ex- I urge my Senate colleagues to sup- applauded by all sides of the political plore novel solutions to grappling with port his nomination. spectrum, from environmentalists to our dependence on foreign oil and the I yield the floor. business interests. Mr. ROCKEFELLER. Mr. President, I larger issue of climate change. Both of Tom Donohue of the Chamber of these issues are likely to be among the suggest the absence of a quorum. The ACTING PRESIDENT pro tem- Commerce praised Mr. Bryson’s ‘‘ex- most important and, potentially, the tensive knowledge of the private sector most disrupting problems that we leave pore. The clerk will call the roll. The legislative clerk proceeded to and years of experience successfully to our children and grandchildren. No running a major company.’’ one in this Chamber will deny that we call the roll. must reduce our dependence on fossil The ACTING PRESIDENT pro tem- The Business Roundtable called Mr. fuels, which are a finite resource pore. The Senator from California. Bryson ‘‘a proven, well-respected exec- whether found here or abroad, and no Mrs. BOXER. I ask unanimous con- utive who will bring his private sector one in this Chamber should deny that sent that the order for the quorum call experience to the Commerce Depart- the climate is changing. To do so is to be rescinded. ment’s broad portfolio that includes deny that which is in front of our eyes The PRESIDING OFFICER (Ms. technology, trade, intellectual prop- and history does not look kindly on KLOBUCHAR). Without objection, it is so erty and exports, which will be crucial those who ignore the obvious. We ordered. to expanding our economy and creating should therefore embrace those such as Mrs. BOXER. Madam President, I jobs.’’ Mr. Bryson who have shown a willing- rise in support of John Bryson of Cali- The Natural Resources Defense Coun- ness to work with the business commu- fornia, President Obama’s nominee to cil, which Mr. Bryson helped found in nity in seeking a solution to these be Secretary of Commerce. the 1970s, called him: Mr. Bryson will bring a wealth of ex- issues. . . . a visionary leader in promoting a clean In sum, I believe Mr. Bryson can pro- perience in both the private sector and environment and a strong economy. He has vide the leadership we need at the De- the public sector to this very impor- compiled an exemplary record in public serv- partment of Commerce and I ask my tant job of Commerce Secretary. Lord ice and in business that underscores the colleagues to join me in supporting and knows, we are in a recession and we are strong linkage between economic and envi- confirming Mr. Bryson’s nomination. fighting hard to get out of it. We need ronmental progress. Mr. UDALL of New Mexico. Mr. a Commerce Secretary, and we need I ask unanimous consent to have someone who understands the private President, I rise today in support of the printed in the RECORD an editorial nomination of John Bryson to be Sec- sector and the public sector and we from the Los Angeles Times, titled retary of Commerce. have that in John Bryson. ‘‘Commerce Department nominee de- The Department of Commerce in- In the 1970s and 1980s, he served as serves the job.’’ cludes a diverse collection of agencies the chairman of the California Water Resources Board and as the chairman There being no objection, the mate- that work on everything from pre- rial was ordered to be printed in the dicting the weather to issuing patents. of the California Public Utilities Com- RECORD, as follows: But the Department’s over-arching mission. There, he helped California mission is to promote job creation and navigate droughts, oil shortages, and [From latimes.com, Jun. 21, 2011] economic growth. Today, that mission other crises during a critical period in COMMERCE DEPARTMENT NOMINEE DESERVES my State’s history. is more important than ever. THE JOB With the national unemployment For more than 20 years, Mr. Bryson rate hovering around 9 percent, we has utilized his talents in the private John Bryson’s nomination to be President sector, first as chairman and CEO of Obama’s next secretary of Commerce has should have a Secretary of Commerce been met with the predictable combination in place who can lead the Department Southern California Edison, and later of delusion and obstructionism that charac- in meeting its important mission. as chairman and CEO of Edison Inter- terizes the modern confirmation process. After considering his nomination in national. Some Senate Republicans vow to hold him the Senate Commerce Committee, I be- Mr. Bryson has also served on the hostage to the passage of several long-sought lieve Mr. Bryson is well qualified to be boards of many companies, both large free-trade agreements; others insist they will Secretary of Commerce. and small, and he will bring to the job reject him based on his presumed politics, Bryson knows something about job of Commerce Secretary a unique exper- which they wish were more like theirs. None creation from his experience as a busi- tise on what it takes for businesses to has advanced an argument worthy of defeat- grow and expand. ing this nomination, and though sensible ness leader in the energy sector. He people will withhold a final judgment until also served on the boards of well- Mr. Bryson’s top priority is job cre- after Bryson is questioned, his credentials known companies such as Boeing and ation. As Commerce Secretary, he will are encouraging, as are the endorsements of the Walt Disney Company. be working closely with the President those who know him. Those experiences will help Bryson to meet the goal of doubling our Na- Bryson is a familiar figure in Los Angeles. meet the challenges of leading the De- tion’s exports by 2015 and creating hun- A longtime chairman and chief executive of partment of Commerce. dreds of thousands of new jobs right Southern California Edison and Edison Inter- I know firsthand some of the good here in the United States. He will be national, he is a pillar of the region’s busi- work that the Department of Com- working with the private sector to ness community, admired by the Chamber of merce has done to help businesses in drive innovation and economic growth, Commerce and his fellow executives. He also my home State through the Economic and he will be working to make the was a founder of the Natural Resources De- fense Council, where his work earned him re- Development Administration, EDA, United States a leader in the clean en- spect and appreciation from California’s en- manufacturing extension partnership, ergy economy. vironmental movement. He’s been president MEP, and trade adjustment for firms At Edison International, Mr. Bryson of the California Public Utilities Commis- initiatives. helped California become a hub for sion and even served as a director of Boeing,

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6825 dipping his toe into the nation’s military-in- servative, but I am a big spender in two There will be a lot of sacrifices along dustrial complex. He is thus the rare nomi- areas: national defense and infrastruc- the way. I know that when we mark up nee to present himself to Congress with en- ture. That is what we are supposed to a bill there are going to be a lot of dorsements from the Chamber, military sup- be doing. things in it that I don’t like and that pliers and the nation’s leading environ- mental organizations. Right now, we have the most deplor- Senator BOXER doesn’t like and we are Within a rational political universe, that able problem in the condition of our going to have to give up some of these would entitle Bryson to confirmation by ac- roads and highways and bridges. My things. clamation. But zealots are suspicious. His State of Oklahoma goes back and forth I have made it very clear that back critics question his support for regulation to being dead last or next to the last be- in the early days, when I was actually address climate change and see his NRDC hind Missouri as having the worst con- serving in the other body, we always leadership (more than three decades ago) as ditions of our bridges. had surpluses in the highway trust evidence that he’s a ‘‘job killer’’ and an ‘‘en- We had a lady not too long ago in my fund and we were able to take care of vironmental extremist’’ rather than a job State of Oklahoma, in Oklahoma City, these needs. Then, as typical as politi- promoter as the Commerce secretary tradi- cians are this way, they see a pot of tionally is. Never mind that Bryson’s record the mother of two small children, who is one of both serious business development was driving under one of the big inter- money and they want in on it. So we and responsible environmental stewardship. state bridges and a block of concrete had all these groups, and a lot of them Then there’s the issue of the free-trade fell off and it killed her. She was the were environmental groups that want- agreements. Yes, Obama has moved too slow- mother of two small children. We have ed to have their own agenda attached ly to forward the South Korea, Colombia and people dying every day on the high- to it. We are going to have to get seri- Panama trade pacts that will create jobs and ways because of the condition of the ous and make this a highway bill. expand the reach of American business. And By the way, this would also be cer- yes, Obama’s labor allies are principally to highways. For that, I applaud Senator BOXER for joining me to put together tainly the biggest jobs bill we have had blame for obstructing those pacts. But those during this administration, since this objections are irrelevant to Bryson’s nomi- this coalition. nation and shouldn’t be used as an excuse to I don’t want to say anything that administration has done a lousy job of hold it up. would be improper at this time, but it providing jobs. Many Republicans undoubtedly would pre- is my expectation—not just hope but But having said that—and I said that fer a nominee who championed drilling as expectation—that we are going to be because I want to draw a contrast. We the answer to America’s energy needs or who able to come up with a highway reau- are about to consider and vote on the countenanced their anti-scientific challenge thorization bill, and it is going to be President’s nominee, John Bryson, to to global warming. They have their chance: be Secretary of Commerce. He is Presi- Elect Sarah Palin. In the meantime, Obama one that is at least holding the current spending level. dent Obama’s choice, and there is a deserves a Cabinet secretary of impeccable clear indication he has no indication of credentials and broad support. Bryson has a If we are to have to go back to the chance to prove that he’s all of that at the level of the proceeds of the highway backing down on his job-killing war on hearings that begin Tuesday. Republicans trust fund, that would be about 34 per- affordable energy. But I have to say this. With John owe him the opportunity. cent less than what we are spending Bryson, this isn’t Van Jones we are Mrs. BOXER. Mr. President, Mr. today. I defy any one of my fellow Sen- talking about. This is a guy who is a Bryson’s unique background will serve ators from all the 50 States to tell me nice guy, and we have a lot of mutual him well as he works with President one State that isn’t having just as seri- friends. I have been contacted by peo- Obama, the Senate, and the House to ous a problem as my State of Okla- ple who are friends of mine who are create jobs. I applaud our President for homa is having. friends of his, and clearly he is a person choosing such a well-qualified, experi- I think that it is important we recog- who is well received in terms of being enced individual to be Commerce Sec- nize there are some things the govern- a good person. But he is dead wrong on retary, and I want to thank Chairman ment is supposed to be doing and some the issues that will provide jobs for ROCKEFELLER and Ranking Member things that bring us all together. America. HUTCHISON for working together so we Again, that is what is going to happen. At a time when unemployment is sky could get to this vote today. I can remember back, the last reau- high, President Obama chooses the I yield the floor. thorization bill we had was 2005. At founder—and I will characterize it dif- The ACTING PRESIDENT pro tem- that time, I was the chairman of the ferently than my friend from Cali- pore. The Senator from Oklahoma is committee. We all worked together. We fornia did—of one of the most radical, recognized. came up with a $284.6 billion, 5-year leftwing, extreme environmentalist Mr. INHOFE. First, let me thank my bill. Yet as robust as that was, that did groups, the National Resources Defense good friend, the Senator from Cali- very little more than just maintain Council. It is a leftwing organization fornia, Mrs. BOXER, for speaking be- what we have today—no new bridges, which, in the name of global warming, cause I asked her to do it. A lot of peo- all these new things we need to have. seeks to cut off access to our natural ple are surprised on how well we get I think a lot of the people who are resources and increase drastically the along. my good friends, and primarily over in price of electricity and gasoline across The committee she chairs is called the House, who came under the banner America. the Environment and Public Works of the tea parties and all that, they We know this is true, because we Committee and I am the ranking mem- recognize, yes, they can be a conserv- know that if they would merely de- ber. When Republicans were in the ma- ative. But when they got home, they velop the resources we have today in jority, I was the chairman. I look for- said: Wait a minute. We want to not be the United States of America, we ward to being chairman again, but that spending on these big things, but we wouldn’t have to be dependent upon is another conversation for another weren’t talking about transportation. the Middle East for one barrel of oil, day. So we have to single out transpor- and we wouldn’t have to worry about But the reason I wanted to speak is, tation for my friends to recognize there our supply of gas and coal, because as because we do. A lot of people are sur- is a place we need be spending more I will explain in just a minute and doc- prised to see this. We get along very money, not less money. ument, we have the largest recoverable well. Right now, we are doing every- So I look forward to that, and I hope resources in coal gas and oil of any thing we possibly can to get a highway we will have an announcement to country in the world. reauthorization bill. She prides herself make, as one of the most liberal and Mr. Bryson once called the Waxman- on being a very proud liberal and I one of the most conservative members Markey cap-and-trade bill moderate. pride myself on being a very proud con- joining and coming up with a highway This particular cap-and-trade bill was servative. Yet we both know that one reauthorization bill. There is not una- probably the most liberal of all the of our primary functions here is to do nimity in what it will look like, other cap-and-trade bills that were there. something about infrastructure. than the spending level should remain By the way, I have to say this one I have often been ranked as the most where it is today and it should be thing. I understand I am the last conservative member of this body, the something that is going to address speaker tonight. What do all the speak- Senate. I often have said I may be con- these problems. ers who are in favor of this have in

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That is what I am founded an anti-energy group and believes in pumps up to that of Europe. going to talk about tonight because I redistribution of wealth to help poorer na- Then we have also Alan Krueger. His tions. At this rate, we will be one of them. If know where John Bryson is on cap and personnel is policy, there can be no better nomination by President Obama to be trade. choice to help implement President Obama’s the Chairman of the Council of Eco- He told some students at the Univer- anti-growth energy policy and redistribution nomic Advisers is yet another example. sity of California Berkeley last year of wealth plans than his choice to be the During his time at the Department of that ‘‘cap-and-trade has the advantage next Secretary of Commerce, John Bryson. Treasury under President Obama, Mr. politically at sort-of hiding the fact Again, that is the Investors Business Krueger made clear his opposition to that you have a major tax.’’ Daily. the development of traditional domes- To me, the fact that they are sup- The ACU came out and said: ‘‘Put- tic energy. He even went so far as to porting something that is a major tax ting John Bryson in charge of the Com- say ‘‘the administration believes it is increase on the American people is bad merce Department is the dictionary no longer sufficient to address our Na- enough. But when they say one of the definition of putting the fox in charge tion’s energy needs by finding more good things about cap and trade is you of the hen house.’’ fossil fuels. . . .’’ can hide the fact that it is a major tax That is exactly what it is, and that is I am still quoting Alan Kreuger. This increase—and we know now what this one reason I would prefer we not have is when he was in the Treasury Depart- would cost. Cap and trade is cap and this vote tonight. I would like to have ment. He is the nominee now for the trade. It doesn’t make any difference if all of us go back for this 1-week recess Chairman of the Council of Economic it was back during the Kyoto days. It and let the people know this is about Advisers, the advisory council. He even doesn’t make any difference if it was in to be voted on, and I think that is one went so far as to say: any of the bills that were passed. Still, reason they are going to be doing it to- The administration’s goal is to have re- the analysis is that the cost of a cap- night. sources invested in ways which yield the and-trade bill would be between $300 By the way, I am not critical of the highest social return. billion and $400 billion a year. leadership, certainly not the Demo- That is the current nominee to be Again, this is legislation that would cratic or Republican leadership. In Chairman of the Council of Economic cost the taxpayers $300 billion to $400 fact, I went to them and said: As long Advisers for the President. He doesn’t billion a year and destroy hundreds of as you give me a 60-vote threshold, I need that advice, he is already doing it. thousands of jobs and hurt families and would waive going through all the The Congressional Research Service workers by raising the price of gasoline loops of filibustering and having clo- reports America has the largest recov- and electricity. Yet the nominee for ture votes and all that. So I appreciate erable resources of oil, gas, and coal in Secretary of Commerce believes that that. But my intent was to wait, and I the world. The Obama administration’s was a moderate bill, the Waxman-Mar- still would ask formally if they would failure to appreciate this fact is one of key bill. change this UC under which we are op- the many reasons why they are not The Secretary of Commerce should erating and allow this vote to take making progress in creating jobs and have a record of promoting, not sti- place when we come back from this 1- improving our economy. fling, economic growth. John Bryson’s week recess. This is a key here. When this dis- career shows he has a clear record of The choice of Bryson is also part of covery was made, the Congressional the latter, and it makes no sense to President Obama’s green energy jobs Research Service—nobody has denied have the Secretary of Commerce who is push. In fact, the President said he spe- this. That was less than a year ago against commerce. cifically nominated—listen to this—he when they said America has the largest I am not the only one who thinks so. specifically nominated Bryson because recoverable resources of oil, gas, and Let me just share. An editorial in the he is a ‘‘fierce proponent of alternative coal in the world. That means we could Wall Street Journal states: energy.’’ But with more than 9 percent be totally self-sufficient. All we have President Obama nominated John Bryson unemployment and the complete col- to do is develop our own resources. to head the Commerce Department on Tues- lapse of the solar company Solyndra, I defy anyone on this floor to tell me day, praising the Californian as a business the President’s green agenda is clearly there is any other country that does leader who understands what it takes to in- not creating jobs. In the end, Solyndra not develop its own resources. We are novate, to create jobs, and to persevere is more than just a bankrupt company, the only one. So we have 83 percent of through tough times. That’s one way of de- scribing someone with a talent of scoring it is a metaphor for the failure of our non-shore public lands off limits. government subsidies. Obama’s war on fossil fuel jobs. We have these huge reserves out there but we cannot go after them. We keep hearing—and I think they I have already called for hearings in Then there is Rebecca Wodder, who hit the nail on the head there and they the Senate on Solyndra and I hope it President Obama has chosen to be the answered the question. People say: will not be long before they occur. President Obama has received the Assistant Secretary for the Fish and This man has been very successful for message loudly and clearly that his Wildlife Department. That would be for 18 years. He ran one of the major utili- global warming green agenda no longer the Department of Interior. As CEO of ties out in California, and one of the sells, but that doesn’t mean he has American Rivers, which works actively interesting things about it is this util- given up trying to implement it. to shut down energy production in the ity out there is not one that is using Bryson is just one figure in Obama’s United States, she—Rebecca Wodder— coal; it is using renewables. Obviously, green team. He follows in the footsteps is a strong advocate for the Federal as the Wall Street Journal pointed out: of Carol Browner and Anthony Van regulation of hydraulic fracturing, a If they have the very heavy expenses Jones, who also supported increasing process which is efficiently and effec- and they raise the price of energy, it taxes on America’s energy, as well as tively regulated by States. doesn’t hurt the utilities. They pass it Energy Secretary Steven Chu. You re- This is interesting. It was not long on. They pass it on to the consumers member Stephen Chu, the President’s ago that President Obama was lauding who ultimately have to pay for it. the virtues of natural gas, and at the Quoting the Washington Examiner: Energy Secretary, who said, ‘‘[s]omehow we have to figure out how end of his speech he said we have to do But there is another side of Bryson, one something about hydraulic fracturing. that fits squarely in the tradition of radical to boost the price of gasoline to the Obama appointees like green jobs czar Van levels of gasoline in Europe.’’ That is Hydraulic fracturing started in my Jones, a self-proclaimed Marxist; Medicare about $8 a gallon. State of Oklahoma in 1948. I can’t head Donald Berwick, who swoons over Brit- It is the intention of this administra- quantify the hundreds of thousands of ain’s socialized National Health Service; and tion to raise gas prices, to either force wells that have been hydraulically

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6827 fractured, but it has been in the hun- I found out something the other day want to mention this is because there dreds of thousands—maybe 1.5 million. in Broken Arrow, OK. I can’t recall the have been attempts since the Kyoto I have heard that figure. With the ex- name of the company now. They make treaty—of course we didn’t ratify the ception of one well back in 1986, where platforms for hydraulic fracturing. I Kyoto treaty for a good reason, and somebody actually went into an aqui- don’t know if the Senator from Cali- that is it would cause extreme eco- fer, there has not been one documented fornia has ever seen one of these plat- nomic harm to the United States of case in over a million hydraulic frac- forms. I have seen a lot of them. They America. It would only affect the de- tured wells where it has contaminated make a lot of them in Oklahoma. This veloped nations such as the United groundwater. Yet they are using that, young man who is the president of this States and some of the European na- knowing full well if you kill hydraulic company showed me these platforms. tions, but not the developing nations. fracturing you kill all the oil and gas These platforms are about—you could It would not have any effect of reduc- in tight formations because you cannot put maybe four of them in this Cham- ing CO2 if you wanted to reduce CO2. get it without that. ber, that is how big they are. Ever since the 1990s there have been The selection of Ms. Wodder is a clear On these platforms, to do hydraulic about seven or eight different bills to departure from her predecessor, Tom fracturing, they have a great big diesel try, here in the United States, to do Strickland, who in testimony before engine. This diesel engine is necessary away with—impose some kind of cap the EPW Committee, our committee, to do hydraulic fracturing of oil wells. and trade. But they were not able to do said we should actively and aggres- They came out with a regulation the it because the people in this body will sively develop our energy resources. other day I didn’t even know about. not vote for it. In this body, right now Unfortunately, Ms. Wodder’s support They said, after a certain date—exactly you could not get maybe 25, maybe 30 for regulation and advancement sug- where it was, in the next couple of votes. It would take 60 votes to pass it. gested she would do the opposite, months—that you would not be able to You could not get more than 30 votes which exposes the reality of President use the diesel engine on your platform on a cap-and-trade bill. Obama’s agenda of increasing energy that does hydraulic fracturing unless it The President realized this. He real- prices and destroying jobs. is a tier 4 diesel engine. ized with all the jobs that would be lost These nominations—of course we are Here is the problem. They don’t and the cost of this, the fact it would talking tonight about another nomina- make them. They are on the drawing impose a tax of around $300 to $400 bil- tion of a person who is a good guy and board. They are making them but they lion a year on the American people. I all that, but John Bryson, to be in a are not on market yet. So they are remember back in 1993, that was during position to follow all the rest of these shutting down the people who are the Clinton-Gore years, I remember who are doing everything they can to building the platforms to do hydraulic when they came out with their big tax kill fossil fuels, and when you kill fos- fracturing through regulations. increase. I will never forget it because sil fuels, we know, and the President Every day we run into new regula- I was serving at that time in the other admitted, it would cause the price of tions. I can remember on the farm dust body. They were raising marginal electricity in America to skyrocket. regulation, I had a news conference in rates, raising capital gains taxes, rais- These nominations are not surprising the State of Oklahoma. In Oklahoma ing all the taxes, retirement—all of it. when you remember that President we went back—I had people coming out The cost of that was some $30 billion a Obama said himself that he wants elec- from Washington, DC, who had never year. I remember coming down to the tricity rates to skyrocket. As he told been west of the Mississippi. We went floor of the House of Representatives, the San Francisco Chronicle in 2008, ‘‘If down southwest in the town of Altus, saying: We cannot afford $30 billion a somebody wants to build a coal-fired OK. I said in my news conference, when year. plant they can. It’s just that it will the cameras were rolling: This Presi- This tax would be 10 times that, be- bankrupt them. . . .’’ dent is trying to do something to regu- tween $300 billion and $400 billion a That is what the Obama EPA regula- late farm dust. Let me explain some- year. That is what they are trying to tions intend to do. thing to you. If you look down here, do. The EPA is moving forward with an that brown stuff down there, that is When the President realized that he unprecedented number of rules for called dirt. If you look at that round was not able to pass this legislatively, coal-fired plants and industrial boilers green thing down there, that is cotton. he decided through regulations he was that have now become known as the in- Put your finger in the air, that is going to pass his own cap and trade. famous train wreck for the incredible called wind. Are there any questions? I have to say this. There are people harm they will do to our economy. What I am saying is they all realized out there who still believe—not very They are set to destroy hundreds of there is no technology to regulate farm many—somehow we are having cata- thousands of jobs and significantly dust. Yet they are trying to do it. strophic global warming and it is due raise energy prices for families, busi- Right now the major farm organiza- to anthropogenic gases or CO2 emis- nesses, and farmers—basically anyone tions such as American Farm Bureau, sions. who drives a car or flips a switch. they are the ones who are saying that I remember. I am very fond of Lisa The President himself has now pub- is the No. 1 concern right now, what Jackson, who is the EPA Adminis- licly acknowledged this. When we they are trying to do to shut down trator appointed by President Obama, stopped the Agency from tightening farms in America. The EPA continues because I asked her this question. I the national ambient air quality stand- to push regulations to harm the econ- said: If we were to pass any of these ards for ozone, his statement couldn’t omy, the Cross-Air State Pollution cap-and-trade bills, would this reduce be more clear: The EPA rules create Rule, the so-called utility MACT—rules worldwide CO2 emissions? regulatory burdens and uncertainty. that are poised to destroy jobs. She said: No, because it would only Just last week, EPA also pulled back Let’s not forget the economic rami- affect the United States of America. on its plan to tighten regulation on fications of global warming. This is not where the problem is. If it farm dust, undoubtedly due to bipar- But before we leave the utility is a problem, that problem is in Mex- tisan concern that it would cause great MACT, we have right now utilities that ico, in China, in India, in places that do harm to our farmers. are notifying coal producers, saying if not have any kind of restrictions. So I have given the speech on the floor, this goes through we are not going to that is what it is. He is trying to im- and I am not going to repeat it tonight, be able to honor our contracts to buy pose that tax. about what all the regulations this coal from you. That is how serious it I know people get worn out when President is trying to put forth will is. We are talking about hundreds of they hear talk about billions or $1 tril- cost, in terms of his maximum achiev- thousands of employees. lion. I am not as smart as most of able control technology. He has the re- Let’s go to the big one now, the eco- these guys around here so I do it a lit- finery MACT, he has the boiler MACT, nomic ramifications of global warming, tle differently. I keep track of the he has the farm dust MACT. These are regulations imposed by Obama which number of families in my State of the things he is trying to do where the cost American consumers between $300 Oklahoma who file an income tax re- technology is not even there. and $400 billion a year. The reason I turn. Then I do my math. If we were to

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6828 CONGRESSIONAL RECORD — SENATE October 20, 2011 pass cap and trade, or if he is able to do place, energy development and eco- not informed because I am informing it through regulations—which are nomic growth in Oklahoma and across you right now. sponsored, by the way, by John Bryson, the Nation could be in jeopardy, and I thank Senator BARRASSO for joining the nominee we are talking about—if that is why I am doing everything I me. he were to do it, it would increase the can to tell the truth to the American I yield the floor and suggest the ab- taxes by between $300 and $400 billion a people. sence of a quorum. year. Now do your math with the num- It has been said to me by Democrats The ACTING PRESIDENT pro tem- ber of people who file a tax return in and Republicans alike that their pore. The clerk will call the roll. the State of Oklahoma. It would be ap- phones have been ringing off the hook The assistant legislative clerk pro- proximately $3,000 a family. What do by people who serve on boards with ceeded to call the roll. you get for it? You get nothing by their John Bryson. And I said from the very The ACTING PRESIDENT pro tem- own admission because it would not re- beginning that he is a good person, but pore. The Senator from Texas. duce the worldwide emissions. he is of the philosophy that he is an Mrs. HUTCHISON. Mr. President, I What this President fails to realize is outspoken proponent of cap-and-trade, ask that the order for the quorum call that affordable, reliable energy is the and that is what we can’t afford. be rescinded. lifeblood of a healthy economy and the I know there is a lot of pressure put foundation of our global competitive- on Members of this body. I wonder The ACTING PRESIDENT pro tem- ness. Instead, he continues to favor the where all of the conservatives are to- pore. Without objection, it is so or- dered. radical environmental agenda ahead of night. I appreciate Senator BARRASSO turning around our economy and put- coming here and talking, as I am talk- Mrs. HUTCHISON. Mr. President, ting Americans back to work. ing, and telling the truth about the every one who has asked for speaking On the other hand, in my State of problem we have. Sometime, some- time on my side has spoken, and I yield Oklahoma, oil and gas development has place, we have to draw the line. I back the remainder of our time. led to a tremendous economic boost in named all of these appointments the The ACTING PRESIDENT pro tem- the creation of good-paying jobs. Right President has made, the nominations pore. The Senator from West Virginia now in my State of Oklahoma—there is he has made. We have to draw the line, is recognized. a 9.2-percent unemployment rate na- and I think this is a good place to do it. Mr. ROCKEFELLER. I yield back all tionwide. In my State of Oklahoma, it I recognize there is going to be a lot time on our side, and I ask for the yeas is 5.5 percent—I am sorry, it is about of pressure on conservatives to kind of and nays. 5.5 percent or 5.2 percent. That is about sit this one out, but I want them to The ACTING PRESIDENT pro tem- half of the national average. It is due keep in mind that this is the No. 1 con- pore. Is there a sufficient second? by and large to the fact that we have cern of most of the conservative groups There appears to be a sufficient sec- this growth and people are in the en- right now. I read the editorials that ond. ergy business. were out there. Everybody knows. Our The question is, Will the Senate ad- So we can continue going down the eyes are open. This is not a vote where vise and consent to the nomination of path of President Obama’s job-killing later on you say: Oh, I wish I had John Edgar Bryson, of California, to be agenda or we can start to develop our known that; I would have voted no. Secretary of Commerce? Nation’s vast natural resources, which This is your chance to do it. The clerk will call the roll. are the key to the Nation’s recovery. Have I had calls from people on The result was announced—yeas 74, That is jobs. That is cheap gas at the boards? Yes, I have. They have all said: nays 26, as follows: pumps. We certainly have plenty of He is a good friend of ours, and I don’t them. want to weigh in. [Rollcall Vote No. 176 Ex.] The CRS report I mentioned shows One of them was kind of interesting. YEAS—74 that America’s combined recoverable He called up and went through this Akaka Gillibrand Moran natural gas, oil, and coal endowment is whole thing, and then after he told me Alexander Graham Murkowski Ayotte Hagan Murray the largest on Earth. In fact, our recov- how great John Bryson was, he said: Baucus Harkin Nelson (NE) erable resources are far greater than Have you got that down? I called. You Begich Hutchison Nelson (FL) those of Saudi Arabia, China, and Can- have written that down. Bennet Inouye Portman Yes, that is right. Bingaman Isakson Pryor ada combined. Blumenthal Johanns We have 163 billion barrels of recov- Well, just ignore everything I said. Reed Boxer Johnson (SD) Reid erable oil in the United States of We know the phone calls come in. Brown (MA) Kerry Rockefeller Brown (OH) Kirk America. That is enough to maintain These are important people. There are Sanders Cantwell Klobuchar Schumer our current levels of production as the leaders out there, and I love them all. Cardin Kohl Shaheen world’s third largest producer and re- I love John Bryson, but we are going to Carper Landrieu have to draw the line. Casey Lautenberg Snowe place our imports from the Persian Stabenow Gulf for more than 50 years. In other If you want to have an advocate for Chambliss Leahy Coats Levin Tester words, on oil alone, if we just developed the largest tax increase in the history Cochran Lieberman Thune what we have here, it would take care of America; that is, a tax increase that Collins Lugar Toomey is called cap and trade, then this is the Conrad Manchin Udall (CO) of our needs—what we know is down Udall (NM) nominee for the Secretary of Com- Coons McCain there—for 50 years. Corker McCaskill Warner We could say the same thing for nat- merce who is committed to cap and Durbin Menendez Webb ural gas. At the current consumption, trade in America. Feinstein Merkley Whitehouse America’s future supply of natural gas I wish we were not going to take this Franken Mikulski Wyden is 2,000 trillion cubic feet, and at to- vote until the end of the recess because NAYS—26 day’s rate of use, that is enough to run I would love to have people go home Barrasso Grassley Paul the United States of America for 90 and try to answer questions from peo- Blunt Hatch Risch years. Just imagine that. The only ple who are out there in the real world Boozman Heller Roberts problem is that our politicians will not as to why is it that someone is not Burr Hoeven Rubio Coburn Inhofe Sessions let us develop our own resources. standing up for us to develop our own Cornyn Johnson (WI) Shelby Finally, the report I referred to, natural resources, our own energy, and Crapo Kyl Vitter which is a fairly recent report, also re- reduce the price of electricity, reduce DeMint Lee Wicker Enzi McConnell veals that America is No. 1 in coal re- the price of gas, and think about us for serves, with more than 28 percent of a change. That is what is going to hap- The ACTING PRESIDENT pro tem- the world’s coal. That is a real solution pen. pore. to the energy security and the key to I think right now, by rushing this The nomination was confirmed. economic prosperity. vote before people have time to realize Under the previous order, the President John Bryson, if he were to become it, that very likely it is going to pass. shall be immediately notified of the Secretary and the vote would take I don’t want anyone to say they were Senate’s action.

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6829 LEGISLATIVE SESSION The one area we have not kept up percent, to be exact, of all the pris- The ACTING PRESIDENT pro tem- with is the U.S. Marshals Service. All oners nationwide brought into the cus- pore. Under the previous order, the of us know the U.S. Marshals Service. tody of the Marshals Service are Senate will resume legislative session. It is a great organization. These people brought in by way of those five South- do tremendous work. But sometimes west border judicial districts. And f we forget them. And what we have about half of those in the Marshals’ AGRICULTURE, RURAL DEVELOP- learned here is that while we have an custody along the Southwest border MENT, FOOD AND DRUG ADMIN- increased ability to apprehend illegal are or were held for immigration-re- ISTRATION, AND RELATED immigrants and to try them in court, lated offenses. AGENCIES APPROPRIATIONS ACT and even jail space to hold them, the So this is the need that we are trying OF 2012—Continued group that does the holding and the to satisfy with this amendment. The transporting and the keeping of the Marshals Service employs only about The ACTING PRESIDENT pro tem- judges and the courtrooms safe during 80 percent of what they need in terms pore. The majority leader is recog- the process, the U.S. Marshals Service, of Marshals and support staff in these nized. has not had funding to keep up with court facilities. A recent Department Mr. REID. Mr. President, we have a this. As a result, they are way low in of Justice hiring freeze has prevented consent request we are working on. We terms of both personnel and also some the Marshals Service from reaching hope to have people sign off on that. If facilities that need to be upgraded to even 90 percent of its personnel needs they do not, one or many are going to accept the much larger numbers of ille- along the Southwest borders. To reach have to object to it. We have spent gal immigrants and other prisoners 100 percent of staffing would require $43 enough time on this that we need to who are in their custody. million, to hire an additional 162 dep- move forward. To give you one illustration, when uty marshals and 71 support staff. We know we have a number of votes prisoners are brought to a courthouse, We all know the constraints we are already scheduled. Senator MCCONNELL obviously there are huge security all operating under here, so we cut that has something pending. I do too. We measures that have to be followed to back to simply try to reach 90 percent know we are going to have to vote on ensure that jurors, judges, the public of their requirement for hiring needs. that, but that is the least of our wor- at large, witnesses, and so on, are not And that, as I said, would require just ries. We have to work through this ap- in jeopardy because of the existence of about $20 million for these hiring pur- propriations stuff. So people who have the prisoners. So they are generally poses. concerns, bring them to David brought in vehicles, appropriately ac- On the construction side of it, the Schiappa or Gary Myrick because oth- companied, to secure facilities in the amendment provides for $16.5 million erwise I might come here and offer a court building and then at the appro- for these detention upgrades at the consent request. Either we are going to priate time brought to the courtroom, Federal courthouses located in this move this bill forward or move off this and all in the custody of the marshals, border region. Of the $16.5 million, $1.5 bill. and with appropriate security for all. million would specifically be allocated Mr. WHITEHOUSE. I suggest the ab- However, because of these increased for courthouse security equipment. I sence of a quorum. numbers, what we found is, by way of have told you a little bit about the The ACTING PRESIDENT pro tem- example, they bring the prisoners from problem with the security at the court- pore. The clerk will call the roll. the holding facility, the prison, the houses. Some of this would obviously The bill clerk proceeded to call the jail, wherever it might be. They lit- be used for construction of a port that roll. erally have to disembark in a public would allow these vehicles to unload Mr. KYL. Mr. President, I ask unani- parking lot where jurors are parking to detainees and prisoners right next to mous consent that the order for the come up to be involved in cases, where cellblock doors and so on. I described quorum call be rescinded. the public at large, where witnesses, that. The ACTING PRESIDENT pro tem- where victims and families, judges and But this is the least we can do, both pore. Without objection, it is so or- lawyers are coming to park to go to to protect the public and to assist the dered. the courthouse, and go up the elevators Marshals Service. There has been some Mr. KYL. Mr. President, for my col- and so on right with these same people. dichotomy of views, shall I say, ex- leagues who are here, I wish to explain That is not a secure situation. pressed by the Department of Justice the reason for an amendment which I In most situations the marshals have and Department of Homeland Security have filed, No. 912, along with the co- the ability to take their prisoners di- about whether they have what they sponsors, my colleagues Senator rectly to a secure port, a place in the need to secure the border. We have MCCAIN and Senator CORNYN from courthouse where they can imme- heard the Secretary of Homeland Secu- Texas, an amendment which seeks to diately put them into custody in a se- rity say, we have all we need. But we add some money for the U.S. Marshals cure locked-down facility. Construc- also know that the Secretary has said, Service. I wish to explain why we think tion of some court buildings need to we have to prioritize our detention pol- this is a good idea, but first to say that keep up with this demand, and it re- icy, for example, because we do not in speaking with Leader REID, we are quires some money, in this case, about have the facilities and the money we trying with our staff and the majority $16 million. I know this is a small mat- need to detain and deport all of the staff to see if we can work out the ap- ter in the overall budget that we are people who are deportable, so we have propriate pay-fors for this in an appro- talking about. But for the Marshals to focus on the most serious crimes, priate amount of money that would as- Service to do its job, this is important the felons primarily, who are now the sist the U.S. Marshals Service. Hope- for them. top target for deportation. fully we can work something out. I am They need additional personnel. The Obviously if you have to prioritize, just trying to explain the basis for this cost of that far exceeds $10 million. But we would agree with that at this time. that is what we thought we would try prioritization. But what that means is As you know, we have done a lot of to ask for in this amendment to at that they do not have enough money to work on the borders to try to secure least bring the Marshals Service up to do all that they are trying to do. So on them, and that has required us to add a level where they can accommodate the one hand, it is kind of distressing money for the U.S. Border Patrol and the new numbers of prisoners. that the Department says we have all several other accounts in the Depart- In our amendment, $20 million is pro- we need and, on the other hand, we do ment of Homeland Security. We have vided for additional deputy marshals not have enough, so we have to added money for the Department of and security-related support staff to prioritize what we do. Justice. We need new judges, court- assist in overall Southwest border en- What we are trying to do in this ap- rooms, prosecutors, defenders. It has forcement. We have narrowed this propriations bill is to attack the one taken a lot of money to secure the bor- down to the five judicial districts on part of the problem that we can in this der with all of the different aspects the border that have—well, in fact, bill, and that is to help the U.S. Mar- that are involved. these districts have about half—49.7 shals. As I said, I do not think there is

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6830 CONGRESSIONAL RECORD — SENATE October 20, 2011 one of us here that would not be sup- same goes for emergency responders. The other amendment puts portive of that. I want to avoid the sit- Their service sometimes is—even as sideboards on the remainder of the uation where, God forbid, someone is at volunteers, it is very important to money in this bill, to guarantee that it a courthouse or entering the court- rural States such as Montana, whether will be used in a way that it is sup- house or whatever and innocent people it is firefighters, police officers, EMTs, posed to be used, to create jobs in edu- are harmed because we did not have they are on the clock whenever they cation, to invest in our kids. My the appropriate security. That is what are needed. amendment will prohibit States from we are trying to provide in this amend- In Montana, as everywhere else, fire- pulling their own State money out of ment. fighters are respected for their courage education programs when they take As I said, this is cosponsored by my and their hard work for doing whatever this Federal money. How? By putting colleagues Senator MCCAIN and Sen- is expected of them to save property the money into Part B of the Indi- ator CORNYN. Obviously the three of us and save lives. But when Montana’s vidual with Disabilities Education Act, are very aware of the problem that we rural fire departments and rural police IDEA, otherwise known locally as spe- have in our judicial districts on the departments have to compete for Fed- cial education. border. So I reiterate, I appreciate the eral funding, guess who often gets the When I traveled around Montana offer of the majority leader to make short end of the stick. That is right, it after the passage of the Recovery Act majority staff available to see if there is the emergency responders in rural in 2009, school administrators told me is some way that with my staff we can States such as Montana, the folks who the money that made it to the ground work out some appropriate amount of often do not have the professional was very much appreciated, but that money, with the appropriate pay-fors. I grant writers to help them secure the special education was their top pri- hope I will be able to announce that a basic equipment that they need to do ority. IDEA funding is still one of the little bit later on. I will not take any their jobs safely. biggest unfunded mandates the Federal more of my colleagues’ time right now. That brings me to my proposal. I Government has on local school dis- But if anyone has questions about want to state again, as 1723 is written, tricts. this and wishes to talk to us about it, I cannot support it. I am not convinced When it was first enacted, the Fed- since I am hoping that we will have it will create the jobs it must create. eral Government promised to pay 40 something to support a little bit later And $30 billion in this bill is meant to percent of the cost of this important on this evening, I would appreciate go to States to boost education, to hire law. Today, we pay less than half of them either contacting me or Senator teachers. Yes, investing in education is that promise. This amendment will CORNYN or Senator MCCAIN. a powerful short-term and long-term help bridge that gap somewhat. Special The ACTING PRESIDENT pro tem- way to create jobs. But as written, this education funding is not only a top pri- pore. The Senator from Montana is rec- bill fails to give taxpayers any guar- ority for the folks in Montana, it also ognized. antee that their money would actually guarantees that the funding gets to the Mr. TESTER. Parliamentary inquiry: be used to hire teachers and invest in local level. Has Pastore time expired? our schools. It also guarantees that its funding The ACTING PRESIDENT pro tem- The fact is, this money could be used gets to the local level. If the money in pore. The Pastore time has expired. to supplant funds instead of supple- this bill is supposed to be for teachers, Mr. TESTER. Mr. President, I rise ment funds. A State would get loads of then let’s make sure it ends up there. today to speak about the priorities fac- money with little guidance that they This amendment is a good way to do ing Montana and this Nation, creating spend the money on teachers. But we just that. jobs, responsibly cutting our spending, all know what happens. A lot of smart I ask unanimous consent that these cutting the deficit, rebuilding our folks who work in State budget offices two amendments be printed in the economy. I appreciate the proposal can find their way around guidance, be- RECORD. that will be put forth I think later this cause money is pretty darn easy to There being no objection, the mate- evening to attempt to create jobs. move from one budget account to an- rial was ordered to be printed in the When that proposal gets to the floor, I other. In other words, there is no guar- RECORD, as follows: will vote to have the debate on S. 1723, antee that this bill will create the jobs. (Purpose: To require a portion of grants be because only then will I be able to offer Montana is one of two States that awarded to entities in rural areas) my amendments to that bill, because has a budget surplus right now. We At the end of section 203, add ‘‘The Attor- as it is written, I cannot support that have been living within our means. ney General and Secretary of Homeland Se- bill. There are other States such as Kansas curity shall award not less than 20 percent of the total amount awarded by the Attorney Having debate will allow us an oppor- that are considering broad-based tax General and the Secretary, respectively, tunity to amend it so that it will guar- cuts. That is fine. Kansas can do that if using amounts made available under this antee jobs in Montana and across it wants. But I am not convinced that section to entities that are located in areas America. The perspective I bring to the we should be writing checks to States that are not designated by the Bureau of the table is a little different than most. I so they can cut taxes. Montanans Census as urbanized areas.’’. am someone who lives in, works in, should not be paying for tax cuts for (Purpose: To allot funds for special represents a rural State. My responsi- people in our States, nor should we be education and related services) bility is to make sure every decision I giving precious taxpayer money for Strike the title heading for title I and all make works for not only Montana but States to build up their rainy day fund. that follows through the section heading for the entire country. I am all for individual States making section 111 and insert the following: I expect full accountability for every smart choices with their own money. TITLE I—SPECIAL EDUCATION penny of taxpayer dollars we spend. I But giving them Federal money and STABILIZATION expect that when you invest in some- hoping they will use it for education SEC. 101. PURPOSE. thing, you get what you pay for. A lot and teachers, well, that is not good The purpose of this title is to provide funds to States for special education and related of folks know I am a farmer, but many enough. With that kind of money, we services for the 2011–2012 school year. do not know I am also a former school- need a guarantee. If the motion to pro- SEC. 102. DEFINITION. teacher. I used to teach elementary ceed is adopted, I plan to offer two In this title, the term ‘‘State’’ has the music at Big Sandy Elementary, in Big amendments to address my concerns. meaning given the term in section 602 of the Sandy, MT. I fully understand the im- One will address the $5 billion in this Individuals with Disabilities Education Act portance of making sure all of our Na- bill meant to provide aid to the Na- (20 U.S.C. 1401). tion’s teachers have the resources they tion’s first responders. My amendment SEC. 103. STATE ALLOTMENT. need to do their job, to lead our most is a simple one. It requires that 20 per- (a) ALLOTMENT.—For each fiscal year, the cent of the competitive grant funding Secretary shall allot to each eligible State important resource, our children. an amount bearing the same relationship to As a teacher, I also know that when goes specifically for rural commu- the amount of funds appropriated under sec- rural schools are asked to compete nities. That is only fair because rural tion 106 for that fiscal year, as the amount with urban schools for Federal funding, communities make up 20 percent of our that State receives under part B of the Indi- rural schools often get left behind. The Nation. viduals with Disabilities Education Act (20

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6831 U.S.C. 1411 et seq.) for that fiscal year bears threat over the other. For the sake of nesses, and it is how we should run this to the total amount all such States receive our Nation’s economic future, we must country. under that part for that fiscal year. work together, Democrats and Repub- We make budget choices based on (b) GRANTS.—From the funds allotted licans, and try to find a commonsense what is important in our State, to our under subsection (a), the Secretary shall make a grant to the Governor of each eligi- solution that protects and creates jobs family, to our business, and to our ble State. but does so without adding to our country. (c) ELIGIBLE STATE.—To be eligible to re- growing deficit and debt. In West Virginia, this simple, com- ceive an allotment and grant under this sec- In a more sensible legislative proc- monsense approach paid off. Every year tion, a State shall submit and obtain ap- ess, we would be able to sit down and I was Governor, we ended the fiscal proval of an application under section 104. work out compromises that make year with a surplus. Every year for the SEC. 104. STATE APPLICATION. sense. It is what legislators throughout past 3 years, West Virginia has seen its The Governor of a State desiring to receive the Nation’s history have done. credit rating upgraded. a grant under this title shall submit an ap- Unfortunately, looking at where But now, because of the impact of plication to the Secretary within 30 days things stand now, it is clear the legis- this recession and the fact that other after the date of enactment of this Act, in lative process in Washington has got- States did not make the difficult deci- such manner, and containing such informa- tion, as the Secretary may reasonably re- ten so dysfunctional that it doesn’t sions years ago, the taxpayers of West quire. make much sense at all. Virginia are being expected to foot this SEC. 105. USE OF FUNDS. I came here to try to fix things, not bill for other States. A State that receives a grant under this to make excuses. I sure didn’t come I believe there is a better way. I be- title shall use the funds made available here to play the blame game. I have lieve there is a better way where we under the grant in the same manner, and never fixed a thing by blaming some- can balance the fiscal constraints that subject to the same requirements, as funds one else. As I have said many times be- States face with the need to protect allotted to the State under part B of the In- fore, it is time for all of us who have these vital jobs. dividuals with Disabilities Education Act. been given the great privilege to serve I believe there is a better way we can SEC. 106. AUTHORIZATION OF APPROPRIATIONS. to focus on what is right for the next balance the need to keep teachers and Mr. TESTER. I would like to talk generation, not worry about the next firefighters working, while not asking about one other thing that is missing election. West Virginia taxpayers—or any tax- from the bill, and that is a reauthoriza- It is why—as frustrating as this legis- payer in any State—to pay for more tion of the Secure Rural Schools Pro- lative process can be—I will not lose than is necessary. gram and the Payment-in-Lieu of hope that we can make this legislation That is why I am offering a common- Taxes Program, otherwise know as better. sense amendment that would trans- PILT. With respect to the current Teachers form this $35 billion in funding to keep These two programs will do more to and First Responders Back to Work teachers and first responders working ensure that thousands of teachers stay Act, there is no doubt about the fact into a loan program instead of a grant. on the job than anything else we can that our teachers and first responders The loan program would allow any do around here. Here is the kicker: In have a critical role in our Nation. State to borrow at very low—or no—in- the middle of this partisan debate, Se- From the classroom where teachers terest the money they need to keep cure Rural Schools and PILT are bipar- educate our children to the streets teachers and firefighters employed and tisan programs. where first responders put their lives pay it back over time, when this reces- Under the leadership of Senators on the line to keep our communities sion basically ends. BINGAMAN, MURKOWSKI, BAUCUS, CRAPO, and Nation safe, these great Americans I don’t know of any State that WYDEN, and RISCH, we have a bill that are so important to the future of this wouldn’t put their teachers and fire- can pass right now—today. Nation. fighters as one of the highest priorities It would keep 4,000 teachers on the They and the American people de- and budget that first. job at a cost of $3.5 billion over the serve better than a temporary 1-year So this loan program would ensure next 5 years. That is small potatoes legislative proposal that does nothing that States are making the decisions compared to the $35 billion in the bill to fix the long-term fiscal problems on how much money they actually that is before us today. that led so many States to lay off need and not the Federal Government’s It is a very reasonable bill. But be- thousands of teachers and first re- willingness to put us further into debt cause it is so reasonable, nobody wants sponders in the first place. by giving away more money. to see it appear in the middle of such a What will we do next year when It would also ensure that States partisan debate. Once again, too many States come back again asking for make smarter and more responsible de- folks in Washington are looking for more Federal money? Will we give out cisions about what they can and cannot ways to point fingers. more money and go further in debt? afford to do. Quite frankly, I don’t have as many Will we borrow more money? What will Such a loan program would help pro- fingers as most folks around here, so I we do? tect these jobs and would protect the would rather use mine to solve some As it stands, without any changes, fiscal future of States when they get in problems. Only after this final bill is this bill will not solve the fiscal prob- trouble. In short, it just makes com- amended to guarantee job certainty lem that will come once the aid ends. mon sense. will it be able to earn my vote. But this bill is not hopeless. It can be I encourage my Republican and In order to amend it, I am going to made better. I know it. Democratic colleagues to embrace this vote for the motion to proceed. My In my State of West Virginia, we commonsense amendment. I encourage vote is a vote for a debate we ought to didn’t have major layoffs of teachers or them to help me make it even better. have. It is an important one, so we can first responders during this brutal re- I hope they will support this cloture truly create jobs and focus on rebuild- cession. As difficult as it was, we bal- motion, not because they support the ing our economy. anced our budget based on our values bill as it stands but because they be- I look forward to that debate. and priorities. We made difficult deci- lieve in what this legislation could be With that, I yield to my friend from sions, but we kept our teachers in the if we all put politics aside and work to West Virginia. classroom and our firefighters pro- make it better. The ACTING PRESIDENT pro tem- tecting our citizens. If we can get past a filibuster, I hope pore. The Senator from West Virginia. Make no mistake, we cut back our the amendment process will be a testa- Mr. MANCHIN. Mr. President, I spending, but we did so responsibly. We ment to the great legislative moments thank the Senator from Montana for spent where it was needed—on our pri- this body has seen in the past. speaking on behalf of the rural States. orities. As I have been assured by my leader- It is clear our Nation is facing two That is the commonsense approach ship, this bill, if it gets to the floor, grave economic threats: a job crisis that works in West Virginia because will have an open amendment process and a debt spiral. As much as some that is how people run their lives. It is that will give us all an opportunity to people may wish, we cannot ignore one how they operate their small busi- make this legislation better. It is the

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6832 CONGRESSIONAL RECORD — SENATE October 20, 2011 reason why I will vote for this motion suming we get cloture on this bill. In a The ACTING PRESIDENT pro tem- to move on with debate. previous life, the Senator from West pore. Without objection, it is so or- To my Republican and Democratic Virginia was a Governor. When I was in dered. friends who may not support this bill the State legislature, oftentimes, Mr. BLUNT. Mr. President, the bill I as it stands, I respectfully ask them to money came to us from the Federal hope we get to tonight is part of the seize this opportunity to work together Government, and we very much appre- President’s jobs package. It would re- to make this bill better. ciated it. But we took an administra- peal an action taken by the Congress a Trust me, I share many of their con- tive cost right off the top, as a natural few years ago that I think has proven cerns. To be clear, if we cannot and do procedure—anywhere from 3 to a much to be a harmful decision on the part of not adopt this commonsense approach higher percentage rate than that. Is the Federal Government. that stops throwing money at the prob- that something they did in West Vir- This would repeal the 3-percent with- lems we have in this country, I will ginia? How would the Senator’s amend- holding tax, which has a dramatic im- join them and vote against it. ment impact things such as adminis- pact on anybody who does business This country is looking to us to do trative costs and will you be able to with the government. That includes what is right. It is not about this vote get more of your money to the ground local governments and State govern- or this bill. It is about the fact that so out of these dollars? ments and anyone who contracts with many Americans have lost confidence Mr. MANCHIN. Mr. President, I say the government—and the government in this great body. They have lost con- to my friend that the way the system basically pays 97 percent of the bill. fidence in the process that they see as is set up and the bill, we are able to use The President, rightly, pointed out broken and incapable of working. They this money where possible. An example that one of the things we can do to get more money in the economy—and in have lost confidence in a legislative of where money was used prior—we had many cases, simply to create profit process that has become so political it two rounds of stimulus funding. This is where profit is not there otherwise— doesn’t matter what we do, it just our third. It was for a very worthy there are government projects for seems all we care about is scoring po- cause. For my State and your State, many businesses, and the profit margin litical points to be used in the next which didn’t have the layoff of teachers is less than 3 percent on big projects. election. or have the cutbacks in education, There is only so much work one can do It is a fact that some folks in this they would short that into their budget to stay in business. If a person is not town are so busy trying to make the proposal, so when the Governor made making money, they cannot stay in the other side look bad that they don’t re- his proposal, that money would back- business of doing what they are doing. alize they are making us all look bad. fill. That is how it was used. We only So for those large projects that have a I don’t believe for one minute that created 33 new jobs that first round, huge overall number, often the profit anybody in this Chamber—Democratic but that was $217 million. doesn’t even equal the 3-percent with- or Republican—is rooting for our econ- The bottom line is—that is why I holding, and businesses have deter- omy to fail or jobs to be lost. We just said we need a loan program. If spend- mined they cannot do that. Obviously, all have different ideas. While we ing money will fix our problems in America, we have no problems. We it impacts the bidding process for Fed- should question each other’s ideas and eral work. policies, we should never question each have to do it wisely. The Senator’s amendments are appreciated, and I The tax revenue generated by this other’s convictions. mandate is thought to be only around Shame on us if the blame game is the hope to support them. Mr. TESTER. I thank the Chair. $200 million a year, and that $200 mil- best thing we can do. We are better Mr. MANCHIN. Mr. President, I ask lion left in the economy, left in the than that. I came here to fix things, unanimous consent that the text of my bidding process, left in the granting not to play politics. It is time for us to amendment be printed in the RECORD. process could make a real difference. stop with the bickering and remember There being no objection, the mate- The only thing this job-killing tax in- one thing: We may be members of dif- rial was ordered to be printed in the crease does is delay recovery and stop ferent political parties, but we are all RECORD, as follows: us from getting on with the business of party to this great Nation. We are all (Purpose: To establish a Federal loan pro- making American private sector job Americans. gram to carry out the activities provided creation a reality. As difficult as it may seem, America under the Act) The repeal is strongly supported by and the future of the American people At the end of the bill, add the following: dozens of groups, including the Farm are more important than politics or an TITLE IV—FEDERAL LOAN PROGRAM Bureau, the National Association of election. SEC. 401. FEDERAL LOAN PROGRAM. Manufacturers, the U.S. Chamber of I ask again, let’s work together on (a) IN GENERAL.—Notwithstanding any pro- Commerce, the National Federation of commonsense, bipartisan ideas to get vision of title I or title II, the President, act- Independent Business, the National this country on a responsible financial ing through the appropriate Secretary, shall League of Cities, the Corn Growers As- path that will strengthen the economy ensure that any funds provided under this sociation, the Associated General Con- Act shall be used to award loans to States and create jobs. tractors, the American Trucking Asso- Let’s work together on making and localities to carry out the activities de- scribed in the appropriate title. ciation, Associated Builders and Con- America’s future brighter—not just for (b) AMOUNT.—The amount of a loan author- tractors, and the Federation of Amer- us but for the next generation. ized under subsection (a) shall be based— ican Hospitals. I yield the floor. (1) under title I, on the allocations deter- Think about that group, and the fact The ACTING PRESIDENT pro tem- mined for a State under title I; and that you have the Federation of Amer- pore. The Senator from Montana. (2) under title II, on the grant programs ican Hospitals, the National League of Mr. TESTER. Mr. President, will the cited under such title. Cities, and the Corn Growers Associa- Senator from West Virginia yield for a (c) REPAYMENT.—A State or locality shall not be eligible for further assistance under tion. This must be a government policy question? this section during any period in which the that has broad impact on lots of dif- Mr. MANCHIN. Yes. State or locality is in arrears with respect to ferent segments of the economy. It is Mr. TESTER. Mr. President, I say to a required repayment of a loan under this not all that unusual to see the Na- Senator MANCHIN that I think every- section. tional Manufacturers Association or body in this body wants to have real The ACTING PRESIDENT pro tem- the Chamber of Commerce or the Na- job creation. They want to see this un- pore. The Senator from Missouri is rec- tional Federation of Independent Busi- employment rate go down. I think ognized. ness on a list supporting a bill. But most everybody realizes that if we can- Mr. BLUNT. Mr. President, I wish to when they are on the list with the not get the unemployment rate to go talk about a bill that I believe and other people I mentioned, plus the down, the chances of paying off our hope—— truckers and the Associated Builders debt and getting the budget under con- Mr. DURBIN. Mr. President, before and Contractors, something must be trol will be severely diminished. The my colleague begins, I ask unanimous happening. Senator has offered some potential consent to be recognized after Senator And why have all of these groups amendments to S. 1723, as I have—as- BLUNT. come together and said let’s support

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6833 this part of that package? Medicare be called this evening, and I want to bomber—the somewhat crazed indi- payments to hospitals and individual address them briefly because I believe vidual—maybe crazed—who got on an physicians will be affected when this both these amendments should be care- airplane and was apprehended over De- goes into effect in January of 2013. fully scrutinized. troit with the argument that his cloth- Medicare payments to individuals and One amendment is by Senator ing was on fire, and when they appre- hospitals will have 3 percent with- AYOTTE of New Hampshire. What she hended him and took him in, the FBI holding. This causes a lot of cashflow would do in her amendment is restrict asked him questions? He answered problems for both the physician and for the authority of the President of the questions for some period of time and the hospital. United States to refer suspected terror- at that point stopped talking. Farm payments. Even loan deficiency ists to our criminal justice system to The scenario at that point would payments, beginning January 1, 2013. be investigated, prosecuted, and tried. have ended, according to Senator You get 97 percent of the partial solu- She would make it mandatory those MCCONNELL. He lawyered up and shut tion to the problem you already have. terrorists—particularly associated up. But it didn’t end. Grants for for-profit companies, re- with al-Qaida—would be tried before The FBI continued the investigation. gardless of whether they are State or military commissions and tribunals. They went overseas and brought this Federal, will have 3 percent withheld. I listened as she and Senator MCCON- man’s mother and father to the United Grants, by their definition, are allo- NELL came to the floor to explain their States and they sat down and talked to cated to an entity for a specific pur- point of view. It is an interesting point him. After they talked to him, he said pose, such as research. And if you have of view, that we are at war with al- he would cooperate fully with the FBI. a research budget that is grant depend- Qaida and, therefore, any trials of sus- He talked for day after day after day, ent, what happens if you get 97 percent pected terrorists associated with them telling them all the information about of the budget? Do you get 97 percent of should be before a military tribunal. al-Qaida. Then his case was referred to the solution or does that mean you Unfortunately, the logic of their argu- a criminal court in Detroit, and 2 never get to the full solution? What if ment falls flat when you look at re- weeks ago he pled guilty. the grant is for a facility of some kind ality. Here is the reality. If you follow the logic that has been or a delivery of a service? What hap- Since September 11, 10 years ago, given to us by Senator AYOTTE and pens when you can only deliver 97 per- President Bush and President Obama Senator MCCONNELL, this never would cent of that? And again, back to these have faced time and time again allega- have happened. The fact is, it did. The big construction projects, where 3 per- tions that individuals are suspected FBI did its job, the Department of Jus- cent withholding may be more than the terrorists. Each President—Bush and tice did its job. The man was pros- profit. Obama—has had to consult with the ecuted in our criminal courts; he pled This is one of the pieces of the Presi- Secretary of Defense, the Attorney guilty; he is likely to be sentenced in dent’s jobs bill that I and others wish General, and other leaders in their ad- January to life in prison. It is because to see become a reality so that people ministration to determine the appro- the President had the authority, as could look out a year from now and not priate place to investigate and try Commander in Chief, to pick the forum have to begin to plan on what happens these cases. to try the individual. He picked the when you only get 97 percent of what Here is the record. Since 9/11, the De- most effective forum, and when he did, you expected it would cost to complete partment of Justice advises us that on we ended up in a situation where this a job or to complete a project. as many as 300 separate occasions— man pled guilty and is going to be sen- I believe we are going to be able to 300—these suspected terrorists have tenced. It isn’t an isolated case. In vote on this later this evening. I think been taken to the article III criminal fact, it is the overwhelming likelihood we are going to have that opportunity, courts of America and successfully that when a person is suspected of ter- and I urge my colleagues to vote on it. tried and prosecuted. In that same pe- rorism, they are more likely to be suc- I think it is one of those things, if we riod of time, exactly three suspected cessfully prosecuted in one of our arti- actually let it occur in the first of Jan- terrorists have been sent to military cle III courts. uary 2013, people would wonder: Why commissions and tribunals. I note today that the chairman of the couldn’t they figure out during the in- For the Senator from New Hampshire Armed Services Committee, Senator terim period of time when this was to now argue that all cases have to go LEVIN of Michigan, pointed out on the passed and was going to go into effect to military commissions is to ignore Senate floor that when Senator AYOTTE that no matter what the intention was the obvious. The President, as our raised this issue in the Armed Services this will not work? In a bipartisan way, Commander in Chief, with the premier Committee markup on the Defense au- we should step forward and clarify this responsibility to keep America safe, thorization bill, her amendment was problem before it becomes a real prob- should decide the best place to try defeated on a bipartisan rollcall. Six lem with real consequences and, in those who are accused. This has been a Republicans voted against her, includ- fact, probably already having an im- recurring theme on the Republican ing Senator MCCAIN, the ranking mem- pact on bidding, on requesting grants, side—to take the terrorist cases out of ber of the Armed Services Committee, and on other things. People are prob- our criminal courts. In fact, almost on and Senator GRAHAM, the only military ably already beginning to think about a weekly basis Senator MCCONNELL has lawyer serving in the Senate. But the what happens if this project is agreed come to the floor making this argu- amendment will still come to the floor. to or approved or our bid is accepted ment. I urge my colleagues, whatever they for work that would be done beyond The argument goes something like think of President Obama—and I re- 2012. this: Do you mean to tell me we are spect him very much. Whatever they I see my friend from Illinois is not going to take a suspected terrorist in think of him, do not tie the hands of here, and until he gets back, seeing no and read them their Miranda rights; any President when it comes to picking one else on the floor, I suggest the ab- that they have the right to remain si- the proper forum to try a terrorist. If sence of a quorum. lent? You know what is going to hap- the proper forum is a military commis- The ACTING PRESIDENT pro tem- pen. They will lawyer up and shut up sion and tribunal, I will back the Presi- pore. The clerk will call the roll. and we won’t get the information we dent. If the proper forum is an article The legislative clerk proceeded to need to keep America safe. That is III criminal court, let’s proceed that call the roll. why, he has argued time and time way as well. Mr. DURBIN. Mr. President, I ask again, we shouldn’t allow the FBI to be The evidence overwhelmingly tells us unanimous consent that the order for involved and we shouldn’t refer these that going through our criminal court the quorum call be rescinded. cases to article III criminal courts. system, terrorists pay a price—a heavy The ACTING PRESIDENT pro tem- And that is why Senator AYOTTE is of- price—with up to 300 convictions since pore. Without objection, it is so or- fering her amendment this evening. 9/11 and more than 100 convicted since dered. The fact is that argument isn’t borne President Obama took office. Let’s re- Mr. DURBIN. Mr. President, there out by the facts. Look what happened 2 spect the President’s authority. Let’s are two amendments that are likely to weeks ago. Remember the underwear do the best thing to secure our Nation.

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Senator STABENOW of Michi- for them to keep their families to- will disagree, but I think we could gan, as chairman of the Senate Agri- gether. agree, because my proposal is not to cultural Committee, has a special re- The Senator from Alabama points cut off anybody who ought to receive sponsibility when it comes to nutrition out one example to give a reason why food stamps. My proposal wouldn’t cut programs and especially the program we need to change the law across off any benefits to anybody who de- known as the Supplemental Nutrition America. He talks about a case where serves food stamps. My proposal would Assistance Program, the SNAP pro- someone actually won the lottery and not cut off anybody who qualifies for gram, which is known to most Ameri- then went on to get food stamps. That food stamps. It would say that just be- cans as the Food Stamp Program. case got a lot of media attention, but cause you complied with the require- Senator SESSIONS has introduced an the fact is it was highly unusual. If the ment for TANF or you complied with amendment that would eliminate the Senator from Alabama wants to ensure the requirement for LIHEAP or you use of what is known as categorical eli- that people who win the lottery and a sought assistance for some family plan- gibility for people to qualify for the windfall of income are not eligible for ning issue, that those don’t automati- SNAP program. Forty States use it. SNAP, I will be glad to work with him. cally qualify you. I don’t think it is too What they basically say is if you are Let’s get that job done. But this much to ask someone who would be eligible for some other programs, then amendment is not that legislation. given thousands of dollars over a pe- we believe, in establishing that eligi- That single, highly unusual situation riod of time in food stamps to fill out bility, you are also eligible for the doesn’t merit kicking people who are a form. That form would say what your SNAP program. It turns out that only out of work or in a low-income job out income is and what your assets are. 1 percent of SNAP households have net of a program that feeds their families. And if you have substantial assets that incomes over 100 percent of the Federal To impose that new obligation, new pa- are higher than the food stamp law al- poverty level. The Federal poverty perwork, new redtape obligation on lows, you should not get it. level, incidentally, is $22,350 per family families who are struggling because So I don’t believe this proposal does of four. So when these people are one person abused the system I think anything but help tighten up the act. I judged to be part of a program, such as goes too far. don’t believe it is too much to ask that Temporary Assistance for Needy Fami- SNAP, in fact, has one of the lowest somebody fill out a form to dem- lies, TANF, LIHEAP, Low Income error rates of all Federal programs. onstrate they are qualified before they Heating and Energy Assistance Pro- The U.S. Department of Agriculture receive free money from the U.S. Gov- gram, and the Social Security dis- data shows us that over 98 percent of ernment for the purchase of food, and ability benefit program, they are eligi- those receiving SNAP benefits are eli- certainly I would emphasize that dra- ble then for the SNAP program, the gible, and over 95 percent of payments matically. Food Stamp Program. are accurate. The system has good I don’t think the Senator disagrees The Senator from Alabama, Senator quality controls, and I will work with that any program in the U.S. Govern- SESSIONS, would change that. What he the Senator from Alabama and any ment of any real size has surged faster would add to it is a new redtape re- other Senator to make them even bet- than this program has. It has gone up, quirement that these people, who are ter. since 2010, $20 billion. In 2009 or so, un- by and large some of the poorest people The problem isn’t food stamps in employment hit 9.8 percent. It is now in America, will now have to go America. The problem is hunger in 9.1. It is too high, and people need food through another bureaucratic process America. Let’s address the hunger stamps and they should get them. And and fill out another application. I don’t problem and put people back to work. perhaps there are more people out think that is necessary, and I am urg- We will have less demand for food there who qualify even than in 2009, or ing my colleagues not to support Sen- stamps and food pantries. whenever our unemployment hit al- ator SESSIONS’ amendment. I think what we face in this country most 10 percent. Maybe there are more He recently said on the floor some- is serious. I know it is in my State. In people today. I don’t know. But I don’t thing I want to point out. He said: No Senator SESSIONS’ home State of Ala- think there are huge numbers more. program in our government has surged bama, 17.3 percent of residents live in You go from $59 billion to $79 billion, out of control more dramatically than poverty and the same percent live in that is about a 38- or 40-percent in- food stamps. Then he went on to say: households that have food insecurity. crease in 2 years in this program. One We need people working with jobs, not Sadly, children are disproportionately of the reasons is we have made people receiving food stamps. impacted with hunger. In Senator SES- automatically eligible. I will readily concede to the Senator SIONS’ home State, it is over one out of So if you are eligible for any of these from Alabama that the number of hun- four kids who is in a situation with programs, you have received any as- gry Americans has increased. It is not food deficiencies. And 873,174 people in sistance, you may not have even filled only evident in the Food Stamp Pro- Alabama rely on food stamps, the out a form that has anything like the gram; it is evident at the food pantries, SNAP program. Are we going to make same qualifications that the Food at the breakfast and lunch and dinner their life more difficult because one Stamp Act requires, you are automati- feeding programs that are available person who won the lottery abused the cally, categorically, qualified. across Illinois and across America. I system? I think that goes too far. The Congressional Budget Office says have been there and I have watched I hope we can work together to make if this change in the law that happened who comes through the door, and I this a better program. For those who recently were to be eliminated, it want to tell you it is a heartbreak for are angry about food stamps or angry would save $10 billion over 10 years. It them and for me to watch. Many of about food pantries, direct your anger would not reduce food stamps; it would these people have never in their lives toward hunger, toward unemployment. just reduce a little bit the growth in asked for anything, and now they have That is what is driving up the numbers food stamps. The $10 billion over 10 no choice. And many, to the surprise, I in this system. We can work together years represents $1 billion a year in the think, of many Senators, are actually to make it a better system. But the ap- first year. It would be less than that, working. But they make so little proach being suggested by the Senator according to the score we have seen. money that they have to go in and ask from Alabama will just add redtape, But let’s say in the first year that this for help. paperwork, and unnecessary hardship program reduced spending by $1 billion, I agree, we need to put Americans to a lot of people who are already that is $1 billion out of the proposed $79 back to work in good-paying jobs. The struggling. billion. So we are expecting to spend Senator from Alabama and others will Mr. President, I yield the floor. $79 billion this year, and we would only

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6835 spend $78 billion. But that adds up over justice system to find discovery question to my friend—that it is kind time. And food stamps need to be against us, how we discover their ac- of ludicrous to assume this ultimately looked at across the board much more tivities, what kind of surveillance leads to reading Miranda rights to a carefully, because we don’t have that techniques we use, and made the trials foreign terrorist on foreign soil. I think many more people who are in poverty dangerous places and have made the it strikes the Senator from Kentucky today than we have had. But we have trials showcases. So I think that just that that might be the logical exten- many more people receiving food because one individual decided to plead sion of where we are going. If, in fact, stamps. guilty, it has no bearing on the overall we are saying that, routinely, for- I would stress that this year’s in- principle that if you arrest people on eigners, enemy combatants are going crease in food stamps by another 14 the battlefield, they are not required to to be mainstreamed into article III percent is not an acceptable figure, be- be taken immediately to a judge and courts, when do these protections, if cause we know that there are problems given a lawyer. you will, we afford to American citi- within the program. Mr. MCCONNELL. Will my friend fur- zens under the Constitution attach? AMENDMENT NO. 753 ther yield for a question? Mr. SESSIONS. That is a very good Mr. President, I wish to say one thing Mr. SESSIONS. I will be pleased to. question. Under the law of the United briefly about Senator AYOTTE’s pro- Mr. MCCONNELL. I have heard it States, if you are to interrogate an in- posal on terrorism prosecution. As a said on the floor that because a number dividual who has been taken into cus- Federal prosecutor for almost 15 years, of terrorists have been tried in article tody, the police have to give them Mi- I truly believe she is correct on this III courts in the past—and I have heard randa rights before they interrogate issue. It is something we have been de- people add up the number of times— them. As long as that person is in cus- bating in Congress for a long time. that is somehow an argument for con- tody, if you are going to try them in a Congress has made clear its view about tinuing to do it. civilian court—and Director Mueller of it. Is it not the case, I ask my friend the FBI, in response to questions I I would simply say this. The Pre- from Alabama, that we just set up asked him, acknowledged that if you siding Officer is a former Attorney these military commissions a few years are going to try the person in the civil- General. But if you make the presump- ago at the insistence of the Supreme ian courts and you conduct interroga- tion that an individual who is arrested Court in order to deal with this issue, tion, you must give them Miranda is to be tried in article III courts, even and only since that time have we had a warnings. though they are an enemy combatant defined alternative for dealing with Mr. MCCONNELL. So would it not be against the United States, against the these enemy combatants who are also the case, then, that all of these issues laws of war, an unlawful enemy com- not citizens of the United States? in terms of the timing of the attach- batant, those individuals should be Mr. SESSIONS. The Senator is so ment of these rights would soon be be- treated as warriors and they should be correct. We went through a number of fore courts in the United States for in- treated as enemies of the country, and actions. The Supreme Court found the terpretation—ultimately, I guess, by they should be arrested and detained, law inadequate, and Congress re- the Supreme Court—as to at what and presumptively in military custody. sponded to the Supreme Court’s con- point do these rights now afforded a This is the tradition of the United cerns and passed clear laws that are foreign enemy combatant attach? States from its founding. This is world- certainly adequate within the Con- Mr. SESSIONS. There have been sug- wide accepted law. And I do believe we stitution as described by the Supreme gestions that somehow the terrorist need to understand the reason this is Court. We now have an entire system cases would allow the interrogation to important. set up to meet the Supreme Court’s go on a few hours, but I have not seen An individual who is arrested attack- concerns about the trial of these indi- any real authority that would justify ing the United States and who is going viduals. It is safe. It is secure. It is con- that. The clear Miranda standard for to be tried in a Federal court must be sistent with Supreme Court require- any police officer in America is that if given Miranda warnings before they ments and international law. you arrest someone, before you ask are interrogated, must be provided a Mr. MCCONNELL. I ask my friend, is them questions, they must have been lawyer, must be promptly taken before it not also the case that the amend- given their Miranda rights. That is the a U.S. magistrate, must be provided ment of Senator AYOTTE has in it a na- rule in the trial of any Federal court. I discovery in the government’s case, tional security waiver? I have heard it think it would be very dangerous to as- and must have a public hearing. You said that we have eliminated all the sume the court is going to give some don’t do that for people who are at war President’s options. Is it not the case extraordinary new rights that they with you. that even if the amendment of the Sen- have never indicated they would. Mr. MCCONNELL. Would the Senator ator from New Hampshire were adopted Mr. MCCONNELL. I thank the Sen- yield for a question? and the President felt strongly, for ator from Alabama. Mr. SESSIONS. I would yield. some reason—it’s hard for me to con- Mr. SESSIONS. I thank the Senator, Mr. MCCONNELL. I have heard it ar- template such a set of circumstances, the Republican leader, for his good gued on the floor here in connection but it is possible—he could, in fact, questions. with this issue that somehow because issue a national security waiver and go I would just say I think Senator the Christmas Day bomber pleaded ahead and do it anyway, could he not? AYOTTE has worked very hard on this guilty in an article III court, that was Mr. SESSIONS. Absolutely correct. I amendment. She herself is a skilled an argument for putting him in the ar- think Senator AYOTTE really reached prosecutor. I believe the legislation ticle III court. As a distinguished out to Members of this Senate to make would be helpful to us. former prosecutor, I wonder if my sure they knew there was an option to I will just say that as a matter of friend from Alabama could address the do it another way, and it does provide policy, you can be absolutely sure it issue of whether because somebody the President that option. will be more difficult to prosecute a happened to end up in an article III With regard to the FBI and their in- case, more likely to complicate mat- court and happened to plead guilty, volvement, they are a great investiga- ters significantly, if they are given Mi- how that was an argument for his tive agency. If they participate in the randa warnings, if they are given law- placement there in the first place. arrest of one of these individuals and yers, if they are brought publicly be- Mr. SESSIONS. That is a very impor- they were turned over to the military, fore a judge—perhaps revealing to the tant question. This individual perhaps the FBI can still work with the mili- other coconspirators the fact that you looks like he just fell off a turnip truck tary to investigate the case. It would have been arrested before they can be or something. He was not a very solid just be tried under military commis- apprehended. It would cause many person and he decided to plead guilty, sions according to the lawful system more difficulties than are necessary. and that was good. Congress, in a bipartisan way, passed Of all people we ought not to give Many of these individuals are very several years ago. extra rights to, it would be terrorists tough, very clever, very devious. They Mr. MCCONNELL. I have also heard bent on killing and maiming innocent have, we know for a fact, used the civil it said—I am going to pose another Americans.

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6836 CONGRESSIONAL RECORD — SENATE October 20, 2011 I yield the floor. conceded that he was guilty. Now he body here in this body knows the The PRESIDING OFFICER (Mr. faces a life sentence in prison. American people want us to do some- COONS). The Senator from Illinois. Is that a good outcome? It is the best thing about the jobs crisis. What Re- Mr. DURBIN. Does the minority lead- outcome, and I will tell you why be- publicans have been saying is that rais- er wish to speak? I will yield to him if cause they will not acknowledge this ing taxes on business owners is not the he does. No. fact, and they should. All across the way to do it. So what we have done is Mr. President, I am going to respond world, when they look at the way we we have combed through the Presi- very briefly. This argument is so up- prosecute terrorists in the United dent’s latest stimulus bill looking for side-down. If during the last 10 years States, they have to say: You know, things we can actually support, for we had successfully prosecuted terror- they are following the same rules and things that do not punish the very peo- ists—300 of them—in military commis- laws for alleged terrorists as they are ple we are counting on to create jobs. sions and only 3 in our criminal courts, following for anyone accused of crime In other words, since the President then all of their arguments would in their country, and it is public, and never asked if there was anything in make sense because you would have to he had an opportunity for a lawyer, and this legislation we could support, we argue that is the best place to go, that he was given the same warnings as any have actually done it ourselves. is where you can investigate and pros- prospective criminal defendant. It turns out there is a very sensible ecute and successfully incarcerate You can’t argue that this was done provision in the President’s second those accused of terrorism. Exactly the behind closed doors or done any dif- stimulus bill that would help busi- opposite is true. ferently from any other criminal de- nesses across the country. In fact, it is President Bush and President Obama, fendant. There is something to be said absolutely identical to a bill Senator given the authority to choose a forum for that. It is a bragging right, or at SCOTT BROWN of Massachusetts intro- to try a suspected terrorist, have over- least something we should be proud of, duced with 30 cosponsors earlier this whelmingly and successfully chosen that in the United States we use that year, many of them Democrats, among the article III criminal courts of Amer- system and use it so successfully. them Senators FRANKEN, BEGICH, ica. Here is the score. They don’t like For those who want to pass the KLOBUCHAR, PRYOR, TESTER, and to hear me say this, but I am going to Ayotte amendment and make it more MCCASKILL. They are all cosponsors of give them the score again. It is impor- difficult for any President to decide Senator SCOTT BROWN’s bill. tant to know. Since 9/11, we are told by the appropriate forum to prosecuter What this bill does is it repeals an ex- the Department of Justice, as many as terrorists, I just leave them one last isting requirement that government 300 suspected terrorists have been suc- reminder: The score is 300 to 3 since 9/ agencies at the State, local, and Fed- cessfully prosecuted in our criminal 11, 300 suspected terrorists successfully eral level withhold 3 percent of every courts and 3 before military commis- prosecuted in our criminal courts, 3 be- payment to any contractor with whom sions, 2 of whom—before the military fore military commissions. they do business. This is money con- commissions—were released within a Give this President, give every Presi- tractors may very well end up getting year to return to their home countries dent the tools and the authority to back from the IRS at some point long of Australia and Yemen. When you make the right decision to keep Amer- after the job is done, but in the mean- look at where terrorists are in jail in ica safe. Defeat the Ayotte amend- time the government gets to hold on to America today, you will find 300 to 1 ment. it instead of allowing the businesses to they were terrorists who were pros- The PRESIDING OFFICER. The Re- invest it in jobs and the economy. This ecuted in our criminal courts. publican leader. is money these companies could be put- In comes the Ayotte amendment and Mr. MCCONNELL. Mr. President, I ting toward hiring workers and grow- the arguments by Senator MCCONNELL am just going to make one final point ing their businesses, but it is going to and Senator SESSIONS to argue that on this issue, and then I want to ad- the IRS instead, basically as a zero-in- clearly this system is upside-down, dress another amendment we will be terest loan to the Federal Government that we should be going to the military voting on at some point. here in Washington. commissions, not to the criminal One thing we have not discussed is I know Members on both sides of the courts. Their argument is, inciden- what happens if the foreign enemy aisle are hearing from constituents tally, Miranda warnings—when you combatant in the article III court in about how burdensome this regulation give an alleged defendant, a suspected the United States is actually acquit- is. That is why President Obama him- criminal defendant, Miranda warnings, ted. If he is, he, of course, has to be re- self already embraced delaying its im- end of story, they stop cooperating. leased. The deportation option is only plementation in his first stimulus bill The problem they have is the facts, and available if some other country is will- and proposed delaying it again in his the facts are that all 300 prosecuted ing to take him. There is not a whole latest stimulus bill. That is why Sen- terrorists in article III courts were lot of clamoring for these kinds of ator SCOTT BROWN got so many Demo- given their Miranda warnings, the in- folks anywhere else in the world. We cratic sponsors when he proposed a full vestigation continued, and the prosecu- have had that experience. The courts repeal. tion continued successfully. It did not then cannot keep them. They are re- Like the President’s bill, this bill is end the case. leased into the United States as a re- fully offset, and the offset we are pro- They do not like to talk about the sult of an acquittal in an article III posing has been supported by our details about this Christmas bomber, court in the United States, and there is friends across the aisle. In fact, the the Underwear Bomber. He was read a situation where you cannot deport last time I saw a vote, I think 81 Sen- his Miranda rights, and he shut up. them because no one will take them. ators actually voted for it. So the bill Then the FBI brought in his mother I think the point is that this is all to- we are proposing is bipartisan. The off- and father, who said, ‘‘Why don’t you tally unnecessary. These are for- set we are proposing is bipartisan. cooperate?’’According to the head of eigners; these are not citizens of the There is no reason in the world that the FBI, the Director of the FBI, he United States. They have no right to our Democratic friends, including the talked nonstop for days about every- be in an article III court. We don’t dis- President, certainly, should oppose it. thing he knew about al-Qaida. He did it pute that the President can put them If delaying this legislation was a good after he was read his Miranda rights. in an article III court, but why would idea before, repealing it should be an Then he was off to court, where he is he want to do that? We responded to even better idea now. The bill is sup- going to defend himself in this crimi- the decision of the Supreme Court to ported by hundreds of business groups nal case, and he pled guilty. set up these military commissions for representing job creators across Amer- I have heard the Senators on the this precise purpose, and it is clear this ica. We should come together and act floor dismiss this—well, he pled guilty, administration does not want to use right now and make it easier for them so they didn’t really prosecute him. them. to create jobs for a change, and not They prepared the case—a case he I also would like to make some brief harder. knew he couldn’t win. He fully cooper- comments about a matter we will be The President asked us to come to- ated with the investigation, and he voting on later this evening. Every- gether and pass pieces of this bill. Here

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6837 is one that all Senators should be able A vote for Senator MCCONNELL’s This was an experiment that I was to agree on. Let’s vote on it and prove amendment would do nothing to repeal happy to engage myself in because I be- the skeptics wrong by acting in a bi- the withholding requirement because lieve we should try to do our work partisan fashion on something that the the House, I repeat, will blue slip this. here. But this CR business and holding job creators in this country actually The House will send us a repeal bill. us up from doing the work we have want. They told us, the Republican leader- done for 10 months this year was not I yield the floor. ship, soon, and I mean soon rather our doing. This has been as a result of The PRESIDING OFFICER. The ma- within a matter of weeks. We will have my friends who are the majority in the jority leader is recognized. a real opportunity to repeal the with- House and the minority over here. So Mr. REID. Mr. President, the provi- holding requirement when we get the we have spent all of these months on sion my friend talks about is placed in House bill. We would, of course, put our two major issues, CRs and raising the legislation as a result of the study amendment on that. debt ceiling. I would hope we can work made during the Bush administration— Let’s be honest about this. This is something out on this appropriations second Bush administration. GAO did a nothing more than a misdirected stunt bill and get it done tonight. study. They found that 33,000 contrac- by my friend, the Republican leader. Mr. MCCONNELL. Mr. President, I tors, in effect, cheated on their taxes, This provision will be repealed, but it would ask my friend, did you propound and they owed some $3 billion. This should be done the right way. We all a consent agreement? money, they also determined, went agree that it is unfortunate that the Mr. REID. No. What I said I would do mostly to giving the owners more sal- Bush administration did that. They is when we get ready to schedule these ary and building them second and third had a good intent. They were trying to votes, I will do it. I will make sure you homes. get rid of some people who were cheat- are here. There is no question that a lot of ing, but it was too broad and over- Mr. MCCONNELL. Fair enough. I people, in addition to the 33,000 who reaching and has hurt a lot of people. want to echo the comments of the ma- cheated, were found to be burdened by That GAO report said 33,000 people, ci- jority leader. In my time in the Senate this withholding 3 percent of what they vilian contractors, owed more than $3 some of our best work has been done on had coming to them. What my friend billion. I repeat, that 2005 GAO report Thursday night. Usually when we are fails to acknowledge is this bill that said $3 billion in taxes. I didn’t make passing bills around here, we are work- was amended that my friend has before this up. The GAO report also found ing on Thursdays into the evening and the Senate has no chance of accom- that these firms, many of them di- finishing them. It is my hope that we plishing anything. Constitutionally it will continue on that path and finish will be killed in the House in a matter verted these payroll taxes to increase this bill tonight. Frequently coming of a millisecond because constitu- an owner’s salary or building him a back on Friday is counterproductive, tionally it will be what we call blue new home or two. So by withholding a small amount of and I would encourage all of the Mem- slipped here. It is a revenue measure. It a contractor’s payment and sending it bers to cooperate to the greatest ex- cannot start in the Senate. It costs $11.6 billion to take this to the IRS, the belief was that the con- tent possible. I think we were, the last money out—I am sorry—take that 3- tractors would have more motivation time I checked, making progress to- percent provision out, and we need to to comply with the law. It didn’t work ward getting a lot of amendments in do that. It costs $11.6 billion. What my well. It was too overreaching and too the queue hopefully to be voted on to- friend fails to alert the Senators to is broad. night. that since this matter has come up in I would hope that we would look at Mr. REID. I note the absence of a years past and months past, things the consent I will offer. Procedurally quorum. have changed. We have burdened the there is no way we can have a second- The PRESIDING OFFICER. The American people—especially the Amer- degree or side by side with what we are clerk will call the roll. The assistant legislative clerk pro- ican middle class—with all of these doing here. I would hope my friends, cuts we have made. We did them. It Democrats and Republicans, would do ceeded to call the roll. Mr. BROWN of Ohio. Mr. President, I was done by Democrats and Repub- something that is real, not something ask unanimous consent that the order licans, but they have given enough. that is only figurative. What we are My friend’s bill is offset by reducing doing is real. We agree it should be for the quorum call be rescinded. discretionary spending by $30 billion. done. It should be done right. It should The PRESIDING OFFICER. Without objection, it is so ordered. The Senator Senator MCCONNELL’s bill does nothing not be done by burdening the middle to address contractors who cheat on class with more domestic discretionary from Ohio. their taxes and still get Federal con- cuts. AMENDMENT NO. 771 tracts. Nothing, zero. I will say this generally. Here it is Mr. BROWN of Ohio. I rise in support Our alternative—and I will offer a 9:30 at night. The decision is going to of amendment No. 771 sponsored by unanimous consent request of this at a have to be made very quickly as to Senator BINGAMAN. It will strengthen later time before we get to these two whether we will be here tomorrow. The our Nation’s competitiveness. As I cloture motions we have. It repeals the two matters that the Republican leader heard the majority leader and the Re- 3-percent withholding tax, and we ac- and I have spoken about, we could vote publican leader talk about job cre- knowledge it should do that. The on those right now. I offered to vote on ation, this will matter, strengthening Democratic alternative also addresses those earlier today, but we were unable our Nation’s competitiveness by ensur- the problem of tax evaders receiving to do that. We can come tomorrow. It ing we enforce trade laws better than government contracts by expressly pro- is getting late here, and I am not sure we have. hibiting contractors who are delin- what we are accomplishing by trying American workers, American farmers quent on their taxes being eligible for to work through all of this tonight. We can compete with anyone. We can com- Federal contracts. That way all con- are trying to be reasonable. As I indi- pete on productivity, we can compete tractors are not punished, only those cated, my friend the Republican leader on skills. When workers are forced to who are, in effect, cheating. said he needed 10 or 12 votes. We agreed compete against unfair export subsidy, The Democratic alternative offsets to that a long time ago. I cannot imag- that is cheating, as we showed on the the costs of repealing the withholding ine why we cannot move forward. China currency bill, which passed with requirement by closing the loophole I repeat, we cannot be stalled so we 63 votes—a good, strong bipartisan ef- that allows companies to claim excess come back with a very short work pe- fort. We cannot compete against unfair foreign tax credits and the famous cor- riod. We have a continuing resolution export subsidies. Our workers cannot porate jet preference. It has a 1-year and many other things to deal with compete against that kind of cheating. delay in implementing worldwide in- when we come back with the short Fortunately, we have tools to do terest allocation which allows tax- work period. I wish to do another ap- something about that. Our trade laws payers to claim greater tax credits for propriations bill, but we cannot do an- are the last line of defense to retain the foreign taxes they pay; fair, reason- other appropriations bill while this one and create jobs in American industries. able, not a burden on the middle class. is still floundering here. Paper, steel, tires—President Obama

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6838 CONGRESSIONAL RECORD — SENATE October 20, 2011 has actually enforced trade laws in will absolutely matter. This amend- fered; further, that upon disposition of those three industries which directly ment will ensure that USTR has the re- any pending germane amendments, the created jobs in Finley, OH, in Lorain, sources to investigate and to act on bill, as amended, be read a third time OH, in Youngstown, OH, including the blatant, unfair trade practices. Trade and the Senate proceed to vote on pas- construction of a new steel mill. enforcement is critical if we are going sage of the bill with no intervening ac- Our trade laws are critical if we are to compete for advanced manufac- tion or debate; that when the Senate going to compete for advance manufac- turing jobs and so many other indus- receives a message from the House turing jobs. Jobs in solar, wind, and tries that are in our States. with respect to H.R. 2112, the Senate clean energy component manufac- I urge my colleagues to support the insist on its amendment, request, or turing in the auto supply chain all amendment. I applaud Senator BINGA- agree to, a conference with the House rely—or should rely—on an active U.S. MAN for his leadership on amendment on the disagreeing votes of the two Trade Representative who will initiate No. 771. Houses; and the Chair be authorized to more cases. I yield the floor, and I suggest the ab- appoint the following conferees: KOHL, I proposed an amendment to this ap- sence of a quorum. HARKIN, FEINSTEIN, JOHNSON of South propriations bill, No. 865, that would The PRESIDING OFFICER. The Dakota, NELSON of Nebraska, PRYOR, provide the office of the U.S. Trade clerk will call the roll. BROWN of Ohio, INOUYE, MURRAY, MI- Representative an additional $5 million The assistant legislative clerk pro- KULSKI, BLUNT, COCHRAN, MCCONNELL, to initiate cases on China’s subsidies to ceeded to call the roll. COLLINS, MORAN, HOEVEN, HUTCHISON, solar producers and China’s hoarding of Mr. REID. Mr. President, I ask unan- and SHELBY; finally, that if cloture is rare earth materials, an increasingly imous consent that the order for the not invoked on the substitute amend- important problem that is eroding quorum call be rescinded. ment No. 738, as amended, cloture on American manufacturing. The PRESIDING OFFICER. Without the underlying bill be vitiated and the I support Senator BINGAMAN’s amend- objection, it is so ordered. bill be returned to the calendar in sta- ment, which provides funds for general Mr. REID. Mr. President, I ask unan- tus quo. I failed, Mr. President, to iden- trade enforcement. But here is why I imous consent that at a time to be de- tify the Kyl amendment. It is No. 912. wanted to specify solar and rare earths termined by the majority leader after The PRESIDING OFFICER. Is there in my amendment. According to the consultation with the Republican lead- objection to the leader’s request? U.S. International Trade Commission, er, the Senate proceed to a series of Without objection, it is so ordered. our solar producers, like those in To- votes in relation to the following Mr. REID. Mr. President, for all of ledo—and there are three of them—are amendments and motions: Landrieu these amendments that are pending, facing an expected 240-percent increase No. 781, as modified with the changes there is no requirement that we have in the import of Chinese solar panels that are at the desk; Kohl No. 755; to have rollcall votes. Everyone should this year. Yesterday a number of solar Vitter No. 917 to Menendez No. 857; understand that. companies filed a complaint with the Menendez No. 857; Gillibrand No. 869; Mr. President, tonight the Senate Commerce Department and the ITC, Lautenberg No. 836; Bingaman No. 771, will vote on a bill introduced by my asking them to seek duties on Chinese as modified; Sessions No. 810; Coburn friend, the Republican leader. solar panels sold below cost. Under- No. 791; Coburn No. 792; Coburn No. 796; While I have great respect for my stand, the Chinese sell these into our Coburn No. 800; Paul No. 821; Portman friend, the senior Senator from Ken- market as they sold coated paper, as No. 859; McCain No. 892; Cantwell No. tucky, I believe in this case he is play- they sold tires, as they sold oil country 893, as modified with the changes that ing political games. The Republican leader has inserted a tubular steel. They often undercut our are at the desk; Cochran No. 805, as poison pill for Democrats into his pro- prices because they are subsidizing en- modified with the changes that are at posal. ergy and water and capital and land the desk; Burr No. 890; DeMint No. 763; Inouye No. 918; Ayotte No. 753; Crapo To offset the $11 billion cost of his and, of course, the currency subsidy, legislation, the Republican leader pro- which this body spoke about and voted No. 814; Kyl, as modified with the changes that are at the desk; and Lee poses we slash $30 billion in programs on a couple of weeks ago. that help the middle class and get our On rare earths, China is artificially motion to recommit; that there be no amendments or points of order in order economy back on track. using export restraints or quotas to What is more, this is a backdoor vio- against any of the amendments prior raise the cost of rare earths inter- lation of the debt ceiling agreement we to the votes other than budget points nationally while keeping them low do- reached after months of negotiation of order; that there be 2 minutes equal- mestically so producers in Ohio and the this summer. Presiding Officer’s home State of Dela- ly divided in the usual form prior to This is not a serious attempt to re- ware simply cannot compete because of each vote; that the Vitter, Menendez, peal the rule requiring the government how they are subsidizing their produc- Sessions, Paul, Ayotte, Crapo, and the to withhold 3 percent from all govern- tion. Coburn amendments Nos. 792 and 796 be ment contractors. It is an attempt to Ohio companies such as Electrodyne subject to a 60-affirmative vote thresh- circumvent the rules. in Cincinnati saw their costs go up 59 old; that all after the first vote be 10- And even if we passed the Republican percent in June and 68 percent in July minute votes; that upon disposition of leader’s bill tonight, the House will not of this year alone on account of these these amendments, the remaining act on it. Revenue bills like this one price changes. How can we possibly pending Coburn amendments be with- must originate in the House, a preroga- compete when they are cheating that drawn with the exception of amend- tive that body guards jealously. dramatically and to that degree? These ment No. 801; that no other motions or So our action on this bill this policies have fundamentally turned amendments be in order to the bill, the evening is nothing more than a mis- rare earths into a spot price market. I Senate proceed to the cloture vote on directed stunt by Republican leader- want to see the USTR litigate on these the substitute amendment No. 738, as ship. protectionist policies. This is not amended; that if cloture is invoked, the But let me be clear: this provision American protectionism. This is our substitute amendment, as amended, be will be repealed before it takes effect. serving our own interest as a nation agreed to and be considered original The Senate will have a real oppor- against answering the protectionism text for the purposes of further amend- tunity to repeal this provision, when they have exhibited. ment; that the majority leader then be the House sends us a bill that repeals Every country in the world practices recognized to raise points of order the 3-percent withholding the week we trade according to their national inter- against any pending nongermane return from the in-State work period. est. Too often in the United States we amendments; further, if cloture is in- In 2 short weeks, we will have an op- practice trade according to a college voked, the Senate resume consider- portunity to work together on a com- economics textbook that is 20 years ation of the bill at 4 p.m., Monday, Oc- monsense way to both repeal the with- out of print. These two enforcement tober 31, and proceed to votes in rela- holding requirement and address the initiatives, critical to my State and tion to any remaining germane pending underlying problem it was enacted to many others of my colleagues here, amendments in the order they were of- address.

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00050 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6839 It is important to review the history ceed to a vote on passage of the bill, as concerned that with fewer officers for of this proposal to understand why we amended, with all of the above occur- patrols, investigations and other crit- are in this situation today, and how to ring with no intervening action or de- ical tasks, crime will increase. move forward. bate. Fire departments face similar prob- A 2005 GAO report found that 33,000 We have both given our statements lems. Thousands of firefighters were civilian contractors owed more than $3 in this regard, Mr. President, earlier laid off in 2009 and 2010, and another billion in taxes. The GAO report also today. 7,000 face layoffs this year. found that some of these firms diverted The PRESIDING OFFICER. Is there This legislation will help commu- payroll taxes to increasing the owner’s objection? nities address staffing shortages in salary or build him a new house. The Republican leader. these critical positions. By withholding a small amount from Mr. MCCONNELL. Mr. President, re- To help our schools, the bill would a contractor’s payment and sending it serving the right to object, this would provide $30 billion to States and school along to the IRS, the belief was that implement a tax increase. It also would districts to protect and create up to contractors would have more motiva- be subject to the same blue-slip con- 400,000 education jobs nationwide, tion to comply with the tax law. cern the majority leader expressed which would prevent the layoffs of up The withholding requirement was en- with regard to the vote we are going to to 280,000 teachers and hire tens of acted with overwhelming Republican have on the 3-percent withholding. thousands more. support. Only a couple of Democrats Therefore, I object. In my home State of California, this supported the legislation. The PRESIDING OFFICER. Objec- will safeguard more than 37,000 edu- But this withholding has turned out tion is heard. cation jobs. to be more trouble than it is worth for The majority leader. According to the Government Ac- countability Office, 72 percent of a number of reasons, and now many on Mr. REID. Mr. President, I would say school districts expect to have less both sides feel it should be repealed. there would be no blue-slip problem But Democrats also believe we must whatsoever because, as I indicated, this funding in the 2011–2012 school year as address the underlying problem. The would be an amendment to a revenue compared to last year. In California, public schools are suf- Republican leader’s bill does nothing to bill we have received from the House, fering from State budget cuts. I have prevent taxpayer dollars from going to and I identified which one that would heard from thousands of teachers in contractors who fail to pay their taxes. be. my State who have received pink slips Democrats have offered alternative Mr. President, I ask unanimous con- each spring over the last several years legislation that would address the sent that the cloture vote with respect warning that their jobs are in danger. problem of noncompliant contractors to the Reid motion to proceed to Cal- Many teachers wait for months to without targeting those who pay their endar No. 204, S. 1723, occur at 9:55 to- find out whether they will still be taxes. night; further, that if cloture is not in- teaching the following year. Many pink The Senate will take action on this voked on the Reid motion to proceed, slips are rescinded, sparing jobs, but worthy alternative in just a couple the Senate then proceed to a vote on others are not as lucky. Our teachers weeks, after the House sends us its bill. the motion to invoke cloture on the should not have to deal with such un- Voting on this measure today is McConnell motion to proceed to Cal- certainty, and this bill helps safeguard nothing more than a diversion by my endar No. 205, S. 1726; finally, that if those jobs. Republican colleagues. cloture is invoked on either motion to With so many teachers losing their I am confident that Senate Demo- proceed, that notwithstanding cloture jobs in California, classrooms are be- crats and Republicans will be able to having been invoked, the Senate re- coming crowded and the school year is work together next month to repeal sume consideration of H.R. 2112, and becoming shorter. On average, K–3 this provision. upon disposition of H.R. 2112, the Sen- classrooms in California are up to 25 We should be successfu1 at working ate resume consideration of the motion students, up from 20 students 2 years together to stop an unfair tax increase to proceed, postcloture. ago. that will hit middle-class families. The PRESIDING OFFICER. Is there Average class sizes for higher grades This month, Republicans blocked our objection? have risen from 28 students to 31. The attempt to keep payroll taxes low for Without objection, it is so ordered. more we squeeze students into one families and businesses who are still Mrs. FEINSTEIN. Mr. President, classroom, the more difficult it is to struggling as our country fights its today I wish to express strong support provide standards-based instruction, way out of a serious recession. for the Teachers and First Responders and the harder it is for students to I hope they will be as willing to work Back to Work Act, a bill that provides focus on their education. with Democrats on finding solutions funding to hire and prevent the layoff This bill invests in education to keep that work for middle-class families as of tens of thousands of teachers, police educators on the job, continuing to they are on finding solutions for gov- officers, and firefighters. provide students with a supportive ernment contractors. Difficult economic times have dev- learning environment. UNANIMOUS CONSENT REQUEST—H.R. 674 astated the ranks of these critical posi- In a country that prides itself on pro- Mr. President, I want to get the Re- tions. Since 2008, California alone has viding children with every opportunity, publican leader’s attention. seen more than 70,000 educators laid it does not make sense to lay off the I ask unanimous consent that when off. The resources in this bill will help very teachers who prepare our children the Senate receives from the House cities and towns across the country for the future. H.R. 674, the Senate proceed to its con- avoid more layoffs and start rebuilding Another casualty of budget cuts is sideration; that the Reid substitute their workforce. the many talented individuals who are amendment, the text of which is at the Nationwide, some 300,000 education being driven away from the teaching desk, be agreed to. jobs have been lost in the past 3 years, profession because of the lack of job This amendment would do the fol- and State and local budget cuts will stability. I fear that a deteriorating lowing: It repeals the 3-percent with- endanger as many as 280,000 teacher education system means more children holding requirement; prohibits con- jobs next year. will slip through the cracks and be un- tractors who are delinquent on their The difficult economy has also prepared for college or to compete in taxes from being eligible for Federal strained police departments across the the global economy. contracts; offsets by closing a loophole country. In the past 18 months, 10,000 The quality of education is a direct that allows oil and gas companies to police officers have been laid off reflection of how firmly we support our claim excess foreign tax credits, elimi- around the country, while 30,000 vacan- teachers. nating a tax preference for corporate cies have gone unfilled. In addition to supporting thousands jets, and a 1-year delay in imple- I have heard from many police de- of teaching jobs, the Teachers and menting worldwide interest allocation. partments in my home State of Cali- First Responders Back to Work Act I then ask consent that the bill be fornia that fear that this understaffing also provides $4 billion for commu- read a third time and the Senate pro- will jeopardize public safety. They are nities to hire police officers. These

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00051 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6840 CONGRESSIONAL RECORD — SENATE October 20, 2011 funds will support more than 17,000 po- the pending cloture motion, which the on. I hope people will look at those sitions over the next 3 years, including clerk will state. closely. A number of them—in fact, about 2,600 in my home State of Cali- The assistant legislative clerk read most of them—can be done by voice fornia. as follows: vote. If they win, it doesn’t matter how There is also $1 billion for fire- CLOTURE MOTION you win. Let’s get done with them as fighters, supporting about 6,300 posi- We, the undersigned Senators, in accord- quickly as we can. tions nationwide. ance with the provisions of rule XXII of the f These funds go to support the dedi- Standing Rules of the Senate, hereby move cated first responders we depend upon to bring to a close the debate on the motion WITHHOLDING TAX RELIEF ACT in emergencies—the firefighters who to proceed to Calendar No. 204, S. 1723, OF 2011—MOTION TO PROCEED Teachers and First Responders Back to Work CLOTURE MOTION enter burning buildings to save lives Act. and the police officers who risk every- Harry Reid, Robert Menendez, Daniel The PRESIDING OFFICER. The thing to keep our streets and homes Inouye, Herb Kohl, Sheldon clerk will report the motion to invoke safe. Whitehouse, Jack Reed, Jeff Bingaman, cloture. In recent years, firefighters and po- Barbara Mikulski, Patty Murray, The legislative clerk read as follows: lice officers have taken on even more Debbie Stabenow, Richard Durbin, CLOTURE MOTION responsibilities as they prepare for— Sherrod Brown, Richard Blumenthal, We, the undersigned Senators, in accord- and respond to—terrorist attacks. We Bernard Sanders, Robert Casey, Jr., ance with the provisions of rule XXII of the are reminded of the importance of Jeff Merkley, Patrick Leahy, Tom Har- Standing Rules of the Senate, do hereby kin. these first responders when we remem- move to bring to a close debate on the mo- ber the brave men and women who The PRESIDING OFFICER. By unan- tion to proceed to S. 1726, the Withholding worked so heroically to save lives after imous consent, the mandatory quorum Tax Relief Act of 2011. James Inhofe, David Vitter, Mike Crapo, the 9/11 attacks, including more than call has been waived. The question is, Is it the sense of the Kelly Ayotte, Roy Blunt, Johnny 400 firefighters, police, and other emer- Senate that debate on the motion to Isakson, Jeff Sessions, Mike Lee, gency personnel who lost their lives proceed to S. 1723, a bill to provide for Saxby Chambliss, Tom Coburn, Jon that day. Kyl, Susan Collins, Ron Johnson, Pat teacher and first responder stabiliza- Now is the time to stand with our Roberts, Richard Burr, Lamar Alex- tion, shall be brought to a close? ander. first responders and give them the sup- The yeas and nays are mandatory The PRESIDING OFFICER. By unan- port they need. We must make sure our under the rule. emergency personnel are not risking The clerk will call the roll. imous consent, the mandatory quorum their lives because too many of their The assistant legislative clerk called call has been waived. colleagues have been laid off. the roll. The question is, Is it the sense of the While this legislation will strengthen The yeas and nays resulted—yeas 50, Senate that debate on the motion to our schools and protect our streets and nays 50, as follows: proceed to S. 1726, a bill to repeal the homes, it will not add a penny to the [Rollcall Vote No. 177 Leg.] imposition of—the Senator from Mon- deficit. This is accomplished by paying YEAS—50 tana is recognized. for the bill with a half-percent tax on Mr. BAUCUS. Mr. President, I ask Akaka Gillibrand Murray Americans with an adjusted gross in- Baucus Hagan Nelson (FL) unanimous consent to speak for a come over $1 million. Begich Harkin Reed minute on this motion. I have long said that those people Bennet Inouye Reid The PRESIDING OFFICER. Is there Bingaman Johnson (SD) Rockefeller objection? who have benefited from this economy Blumenthal Kerry and can help out should do so. Million- Sanders Without objection, it is so ordered. Boxer Klobuchar Schumer aires can afford to help build a smart- Brown (OH) Kohl Shaheen The Senator from Montana is recog- Cantwell Landrieu er, safer, stronger nation. Stabenow nized. Cardin Lautenberg Tester Mr. BAUCUS. Mr. President, we all It is not the wealthiest Americans Carper Leahy Udall (CO) who have been bearing the brunt of Casey Levin agree that the contractors who con- Conrad Manchin Udall (NM) tract with the Federal Government this recession; it is the middle class Warner and the poor who have suffered. Coons McCaskill should pay their taxes. I don’t think Durbin Menendez Webb Our Nation continues to face serious Feinstein Merkley Whitehouse there is any dispute on that. There is economic difficulties. The unemploy- Franken Mikulski Wyden also agreement that we should not ment rate is over 9 percent, and re- NAYS—50 overburden small businesses which are paying their taxes. The bill before us mains stuck at 12 percent in California. Alexander Graham Moran This lack of employment is causing se- Ayotte Grassley Murkowski would repeal the provisions scheduled vere financial strain with too many Barrasso Hatch Nelson (NE) to go into effect in 2013 to require a families losing their homes and too Blunt Heller Paul withholding of 3 percent of payments Boozman Hoeven many families struggling to make ends Portman from the U.S. Treasury to the govern- Brown (MA) Hutchison Pryor meet. Burr Inhofe Risch ment contractors. There are two flaws Congress needs to help Americans get Chambliss Isakson Roberts in this. One, it lets all government con- Coats Johanns back to work and get our economy Rubio tractors off the hook, even those who Coburn Johnson (WI) Sessions moving forward. And this bill will help. Cochran Kirk refuse to pay taxes. Those contractors Shelby With the Teachers and First Re- Collins Kyl would not be subject to the mechanism Snowe sponders Back to Work Act, we will Corker Lee to make sure they pay. Second, this is Cornyn Lieberman Thune strengthen our schools, help our chil- Crapo Lugar Toomey paid for by rescinding $30 billion of ap- dren get the education they deserve DeMint McCain Vitter propriated funds, which is, frankly, and give our first responders the sup- Enzi McConnell Wicker contrary to the agreement reached port they need to keep our commu- The PRESIDING OFFICER (Mr. with the President on the deficit reduc- nities safe. BEGICH). On this vote, the yeas are 50, tion. I urge my colleagues to support this the nays are 50. Three-fifths of the Sen- I ask colleagues to oppose the cloture legislation. ators duly chosen and sworn not having motion to proceed to the bill. f voted in the affirmative, the motion is The PRESIDING OFFICER. The Sen- ator from Massachusetts. TEACHERS AND FIRST RESPOND- rejected. Mr. REID. Mr. President, I ask unan- Mr. BROWN of Massachusetts. Mr. ERS BACK TO WORK ACT OF imous consent that all remaining votes President, this is a no-brainer. This is 2011—MOTION TO PROCEED tonight be 10 minutes in duration. where political theater stops and we CLOTURE MOTION The PRESIDING OFFICER. Without actually do something the American The PRESIDING OFFICER. Under objection, it is so ordered. people want and need. Three percent the previous order, pursuant to rule Mr. REID. Mr. President, we have 16 withholding is good for small busi- XXII, the Chair lays before the Senate more amendments that we must vote nesses. We have viewed this pay-for

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6841 many other times. It passed one time The Senator from Louisiana. agency or entity of the Federal Government with 81 votes, another time, I think, 37- Ms. LANDRIEU. Mr. President, I will to the Federal National Mortgage Associa- plus of my colleagues on the other side do my best to start the pace around tion or the Federal Home Loan Mortgage of the aisle used the same funding we here. I am going to ask for a voice Corporation, as part of the Amended and Re- stated Senior Preferred Stock Purchase are using to pay for this, but now all of vote, and I would hope people would Agreement, dated September 26, 2008, amend- a sudden it is not appropriate. give a shout out for a ‘‘yea’’ vote for a ed May 6, 2009, and further amended Decem- We have six cosponsors on the Demo- narrow exception to a wetlands project ber 24, 2009 (as such agreement may be fur- cratic side. We need a couple more to for nonprofits with a permit to build. ther amended), between the Department of make it go forward. The people want us That is what this amendment does. the Treasury and the Federal National Mort- to work together in a bipartisan man- There is no opposition. gage Association or the Federal Home Loan ner, and this is a way to send that mes- I ask for the yeas and nays. Mortgage Corporation, as applicable, under sage that we have turned the corner. The PRESIDING OFFICER. Does the any other agreement between the Federal National Mortgage Association or the Fed- The PRESIDING OFFICER. By unan- Senator wish to modify her amend- eral Home Loan Mortgage Corporation and imous consent, the mandatory quorum ment? the Department of the Treasury, or other- call has been waived. Ms. LANDRIEU. Yes. wise, that exceed a maximum aggregate The question is, Is it the sense of the The PRESIDING OFFICER. The amount of $200,000,000,000. Senate that debate on the motion to amendment is so modified. (b) PAYMENTS TO TREASURY.—Any dividend proceed to S. 1726, a bill to repeal the The amendment, as modified, is as or interest payment made by the Federal Na- imposition of the withholding of cer- follows: tional Mortgage Association or the Federal Home Loan Mortgage Corporation to the De- tain payments made to vendors by gov- On page 83, between lines 20 and 21, insert partment of the Treasury pursuant to any the following: ernment entities, shall be brought to a applicable contract, agreement, or provision SEC. 7ll. For fiscal year 2012, section 363 close? of law shall not be included in the calcula- of the Consolidated Farm and Rural Develop- The yeas and nays are mandatory tion of the aggregate amount of a commit- ment Act (7 U.S.C. 2006e) shall not apply to under the rules. ment under subsection (a). a project funded under the community facili- The clerk will call the roll. (c) ENFORCEMENT.—The Director of the ties programs authorized under such Act. The legislative clerk called the roll. Federal Housing Finance Agency shall take The yeas and nays resulted—yeas 57, The PRESIDING OFFICER. All time such actions as the Administrator deter- nays 43, as follows: is yielded back. mines are necessary to prevent the Federal National Mortgage Association and the Fed- [Rollcall Vote No. 178 Leg.] The question on agreeing to the amendment, as modified. eral Home Loan Mortgage Corporation from YEAS—57 The amendment (No. 781), as modi- requesting or receiving any funds that ex- Alexander Graham McConnell fied, was agreed to. ceed the limit provided in subsection (a). Ayotte Grassley Menendez (d) DEFINITIONS.—For purposes of this sec- Barrasso Hagan Moran AMENDMENT NO. 755 tion, the terms ‘‘deficiency amount’’ and Bennet Hatch Murkowski The PRESIDING OFFICER. There ‘‘surplus amount’’ have the meanings pro- Blunt Heller Nelson (NE) will now be 2 minutes, equally divided, vided such terms in the applicable Senior Boozman Hoeven Nelson (FL) Preferred Stock Purchase Agreement de- Brown (MA) Hutchison Paul on amendment No. 755. Burr Inhofe Portman Who yields time? scribed in subsection (a), as amended Chambliss Isakson Risch The Senator from Wisconsin. through December 24, 2009. Coats Johanns Roberts The PRESIDING OFFICER. The Sen- Coburn Johnson (WI) Rubio Mr. KOHL. I accept a voice vote. Cochran Kirk Sessions The PRESIDING OFFICER. Is there ator from Louisiana. Collins Klobuchar Shelby any further debate? Mr. VITTER. Mr. President, this is a Corker Kyl Snowe All time is yielded back. second-degree amendment to the Cornyn Lee Tester Menendez amendment. The Menendez Crapo Lugar Thune The question is on agreeing to the DeMint Manchin Toomey amendment. amendment would actually expand the Enzi McCain Vitter The amendment (No. 755) was agreed already dominant role of Fannie Mae Franken McCaskill Wicker to. and Freddie Mac in the mortgage mar- ketplace when there is an unlimited NAYS—43 AMENDMENT NO. 917 TO AMENDMENT NO. 857 taxpayer bailout liability toward that. Akaka Gillibrand Reed The PRESIDING OFFICER. The My amendment would simply say, Baucus Harkin Reid question is on amendment No. 917, the Begich Inouye Rockefeller particularly if there is going to be this Vitter second-degree amendment. Bingaman Johnson (SD) Sanders expansion, we should limit taxpayer li- Blumenthal Kerry Mr. VITTER. Mr. President, I call up Schumer ability to $200 billion, and the taxpayer Boxer Kohl Shaheen the Vitter second-degree amendment. Brown (OH) Landrieu should definitely be paid the dividend Stabenow The PRESIDING OFFICER. The Cantwell Lautenberg Udall (CO) they were promised. I think that is a Cardin Leahy clerk will report. Udall (NM) Carper Levin very reasonable taxpayer protection. Warner The assistant legislative clerk read Casey Lieberman I reserve the remainder of my time Webb as follows: Conrad Merkley for the ranking member of Banking. Coons Mikulski Whitehouse The Senator from Louisiana [Mr. VITTER] Wyden The PRESIDING OFFICER. The Sen- Durbin Murray proposes an amendment numbered 917 to ator from Alabama. Feinstein Pryor amendment No. 857. Mr. SHELBY. Mr. President, I ask The PRESIDING OFFICER. On this Mr. VITTER. Mr. President, I ask unanimous consent that I be allowed to vote, the yeas are 57, the nays are 43. unanimous consent that the reading of speak for 45 seconds on this amend- Three-fifths of the Senators duly cho- the amendment be dispensed with. ment. sen and sworn not having voted in the The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without affirmative, the motion is rejected. objection, it is so ordered. objection, it is so ordered. f The amendment is as follows: Mr. SHELBY. Mr. President, I urge AGRICULTURE, RURAL DEVELOP- (Purpose: To reestablish the maximum ag- my colleagues to support the Vitter gregate amount permitted to be provided amendment. The amendment will limit MENT, FOOD AND DRUG ADMIN- by the taxpayers to Fannie Mae and ISTRATION, AND RELATED the taxpayers’ exposure to the bailout Freddie Mac) of Fannie and Freddie. No more blank AGENCIES APPROPRIATIONS ACT On page 5, strike line 14 and insert the fol- OF 2012—Continued checks. We have already spent $169 bil- lowing: lion in taxpayer dollars; $200 billion is AMENDMENT NO. 781, AS MODIFIED 2011’’ and inserting ‘‘December 31, 2013’’. more than enough. Think about it. The PRESIDING OFFICER. Under SEC. ll. REESTABLISHMENT OF MAXIMUM AG- The PRESIDING OFFICER. Who the previous order, there will be 2 min- GREGATE AMOUNT PERMITTED TO BE PROVIDED BY THE TAXPAYERS yields time? utes, equally divided, prior to a vote in TO FANNIE MAE AND FREDDIE MAC. The Senator from South Dakota. relation to amendment No. 781, as (a) MAXIMUM AGGREGATE AMOUNT OF COM- Mr. JOHNSON of South Dakota. Mr. modified, authored by the Senator MITMENT.—No funds may be provided by the President, this amendment would es- from Louisiana. Department of the Treasury or any other sentially force the wind-down of

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00053 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6842 CONGRESSIONAL RECORD — SENATE October 20, 2011 Fannie Mae and Freddie Mac pre- Housing markets remain fragile. Despite Tester Udall (NM) Whitehouse maturely without any structure to record low interest rates, existing home Udall (CO) Warner Wyden take their place. The Banking Com- sales for September were down and contract ANSWERED ‘‘PRESENT’’—1 failures are more than double last year’s mittee has heard from witnesses, in- Burr rates. The Vitter amendment would dev- cluding Dwight Jaffee and Mark Zandi, astate any housing recovery. The amend- NOT VOTING—1 that taking over Fannie Mae and ment would shut down Fannie Mae and Webb Freddie Mac were the only options the Freddie Mac at the very time that they are government would have to avoid a providing valuable support to a struggling The PRESIDING OFFICER. On this complete market collapse. This amend- housing market. vote the yeas are 41, the nays are 57. ment could plunge us back into the At their current rate, including the puni- One Senator responded ‘‘present.’’ panic of 2008, when credit was unavail- tive ten percent dividend they are required Under the previous order requiring 60 able and the economy was on the verge to pay, they may reach this cap in short votes for the adoption of this amend- of collapse. Mortgages would not be fi- order, ending their ability to provide liquid- ment, the amendment is rejected. ity to mortgage markets. Private entities AMENDMENT NO. 857 nalized, home sales could not go simply do not have the capacity to fill the through, and the home owners would void. Passage of this amendment would be The question is on the underlying be unable to refinance. catastrophic to housing markets and would Menendez amendment. There is 2 min- The Vitter amendment would elimi- most likely cause a relapse recession. utes, evenly divided. The Senator from nate any stability we have achieved in Please vote NO on the Vitter Amendment. New Jersey. the housing market. The Vitter amend- Sincerely, Mr. MENENDEZ. Mr. President, I ask ment is an irresponsible response to NATIONAL ASSOCIATION OF the Chair to advise me when 30 seconds the housing crisis, and I urge my col- HOMEBUILDERS, has passed by. NATIONAL ASSOCIATION OF The Menendez-Isakson amendment leagues to oppose this amendment. REALTORS. I ask unanimous consent to have would temporarily restore conforming printed in the RECORD a letter from the The PRESIDING OFFICER. Who loan limits to the level that existed National Association of Realtors, and a yields time? under the law as of September 30 but letter from the Mortgage Bankers As- Mr. VITTER. Mr. President, I yield expired. The drop in loan limits has re- sociation. back the time, and ask for the yeas and duced consumer credit in 669 counties There being no objection, the mate- nays. across 42 States. The amendment as we rial was ordered to be printed in the The PRESIDING OFFICER. Is there a have drafted it will save taxpayers $11 RECORD, as follows: sufficient second? million over 10 years, including $2 mil- MORTGAGE BANKERS There is a sufficient second. lion in fiscal year 2012, according to the ASSOCIATION, The question is on agreeing to CBO, by creating a premium that bor- Washington, DC, October 20, 2011. Amendment No. 917. rowers have to pay as a result of get- Hon. HARRY REID, Under the previous order, the Senate ting the loan, therefore putting the Majority Leader, US Senate, amendment requires 60 votes for adop- risk on the borrower, not the taxpayer. Washington, DC. tion. Hon. MITCH MCCONNELL, If we want to get our economy moving, The clerk will call the roll. the housing market has to be part of it. Minority Leader, US Senate, The assistant legislative clerk called Washington, DC. I yield to my distinguished colleague DEAR SENATORS REID AND MCCONNELL: I am the roll. from Georgia, Senator ISAKSON. writing to express the Mortgage Bankers As- Mr. BURR (when his name was Mr. ISAKSON. Mr. President, how sociation’s strong opposition to an amend- called). ‘‘Present.’’ much time remains? ment being offered by Senator Vitter to the Mr. DURBIN. I announce that the The PRESIDING OFFICER. Ninety Menendez/Isakson amendment #857 to the Senator from Virginia (Mr. WEBB) is seconds. Transportation, Housing and Urban Develop- necessarily absent. ment Appropriations Bill currently being Mr. ISAKSON. It is going to be The PRESIDING OFFICER (Mr. BEN- considered by the Senate. The Vitter amend- tough, but let me say there is a 15-basis ment would reestablish the cap on the NET). Are there any other Senators in point fee on every loan that closes on amount of capital Treasury could provide to the Chamber desiring to vote? this that goes into the credit that is Fannie Mae and Freddie Mac. If adopted, this The result was announced—yeas 41, issued by Fannie, Freddie or FHA; it amendment would severely undermine inves- nays 57, as follows: makes the taxpayer whole, plus $11 tor and market certainty in our nation’s [Rollcall Vote No. 179 Leg.] million. It is right for the housing mar- housing markets. Private capital has yet to return to the YEAS—41 ket. It takes us back to where we were. secondary market at volumes that would Alexander Grassley Murkowski It doesn’t add any additional liability. sustain a sufficient level of liquidity. Estab- Ayotte Hatch Paul The PRESIDING OFFICER. Who lishing an arbitrary cap on the amount nec- Barrasso Hoeven Portman yields time? The Senator from Ala- Boozman Hutchison Risch essary to preserve the GSEs’ presence in the Coats Inhofe bama. market would unnecessarily constrain some Roberts Coburn Johanns Rubio Mr. SHELBY. Mr. President, I yield of the only sources of liquidity during this Cochran Johnson (WI) Sessions myself 1 minute. I urge my colleagues volatile period in the nation’s economy. Collins Kirk Shelby Corker Kyl to vote against the Menendez amend- MBA urges a no vote on the Vitter second Snowe Cornyn Lee ment. If this amendment becomes law, degree amendment to the Menendez amend- Thune Crapo Lugar ment. Toomey taxpayers will be forced to subsidize in- DeMint McCain dividuals who make upward of $200,000 Sincerely, Enzi McConnell Vitter DAVID H. STEVENS, Graham Moran Wicker a year so they may buy homes worth President and Chief Executive Officer, nearly $1 million. That is what this is Mortgage Bankers Association. NAYS—57 about. Increasing the loan limits will Akaka Feinstein McCaskill only benefit those who do not need Baucus Franken NATIONAL ASSOCIATION OF HOME- Menendez Federal subsidies. BUILDERS AND NATIONAL ASSOCIA- Begich Gillibrand Merkley This is simply not a good use of TION OF REALTORS, Bennet Hagan Mikulski October 20, 2011. Bingaman Harkin Murray scarce taxpayer dollars. Even the ad- Blumenthal Heller Nelson (NE) ministration does not support higher U.S. SENATE, Blunt Inouye Washington, DC. Nelson (FL) loan limits here. It is a bad amend- Boxer Isakson Pryor DEAR SENATOR: It has come to our atten- Brown (MA) Johnson (SD) Reed ment. tion that Senator Vitter is asking for a sec- Brown (OH) Kerry Reid I yield my time. Cantwell Klobuchar ond degree amendment to Menendez/Isakson Rockefeller Cardin Kohl The PRESIDING OFFICER. Under #857 that will cap the lending authority for Sanders the previous order, 60 votes are re- Fannie Mae and Freddie Mac from the US Carper Landrieu Casey Lautenberg Schumer quired for the adoption of the amend- Treasury. Please be aware that the National Shaheen Chambliss Leahy ment. Association of Homebuilders and the Na- Conrad Levin Stabenow tional Association of REALTORS adamantly Coons Lieberman Mr. MENENDEZ. I ask for the yeas oppose the Vitter Amendment. Durbin Manchin and nays.

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00054 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6843 The PRESIDING OFFICER. Is there a these votes. They are 10-minute votes. The question is on agreeing to the sufficient second? We are doing our utmost to maintain amendment. There appears to be a sufficient sec- that time and will continue to do that. The clerk will call the roll. ond. We are sorry that close votes, as every- Mr. DURBIN. I announce that the The question is on agreeing to the one knows, sometimes take a little bit Senator from Virginia (Mr. WEBB) is amendment. The clerk will call the longer. So I apologize to my friend necessarily absent. roll. from Louisiana and everyone else. We The PRESIDING OFFICER (Mrs. The legislative clerk called the roll. will move through the votes as quickly SHAHEEN). Are there any other Sen- Mr. BURR (when his name was as we can. ators in the Chamber desiring to vote? called). ‘‘Present.’’ The PRESIDING OFFICER. The Re- The result was announced—yeas 58, Mr. DURBIN. I announce that the publican leader. nays 41, as follows: Senator from Virginia (Mr. WEBB) is Mr. MCCONNELL. May I respectfully [Rollcall Vote No. 181 Leg.] necessarily absent. make one suggestion. Three options: YEAS—58 The PRESIDING OFFICER. Are there Stick to 10 minutes, we can voice vote, Akaka Franken Nelson (NE) any other Senators in the Chamber de- or we can withdraw, all of which would Alexander Gillibrand Nelson (FL) siring to vote? rapidly speed up the process. Baucus Hagan Pryor The result was announced—yeas 60, Mr. REID. Mr. President, I wish I had Begich Harkin Reed nays 38, as follows: thought of saying that. Bennet Inouye Reid Bingaman Johnson (SD) Rockefeller [Rollcall Vote No. 180 Leg.] AMENDMENT NO. 869 Blumenthal Kerry Sanders YEAS—60 The PRESIDING OFFICER. The next Blunt Klobuchar Schumer Boxer Kohl amendment is the Gillibrand amend- Shaheen Akaka Gillibrand Mikulski Brown (MA) Landrieu Snowe Baucus Graham Murkowski ment No. 869. Brown (OH) Lautenberg Begich Hagan Murray The Senator from New York. Cantwell Leahy Stabenow Bennet Harkin Nelson (NE) Mrs. GILLIBRAND. Mr. President, I Cardin Levin Tester Bingaman Heller Nelson (FL) Udall (CO) urge my colleagues to support this Casey Lieberman Blumenthal Inouye Pryor Cochran Manchin Udall (NM) Blunt Isakson Reed amendment because we have all seen Collins McCaskill Warner Boxer Johnson (SD) Reid how these storms have destroyed crops, Conrad Menendez Whitehouse Brown (MA) Kerry Rockefeller farmland. There have been enormous Coons Merkley Wicker Brown (OH) Klobuchar Sanders Durbin Mikulski Wyden Cantwell Kohl Schumer economic losses in State after State. Feinstein Murray Cardin Landrieu Shaheen Texas: 98 percent of the State is expe- Carper Lautenberg Snowe riencing drought. NAYS—41 Casey Leahy Stabenow Ayotte Grassley McConnell Chambliss Levin Tester Mississippi: Farmers wade through Barrasso Hatch Moran Conrad Lieberman Udall (CO) acres of murky water; timber, catfish Boozman Heller Murkowski Coons Manchin Udall (NM) farms inundated. Burr Hoeven Durbin McCaskill Warner Paul New York State: Crops destroyed, Carper Hutchison Portman Feinstein Menendez Whitehouse Chambliss Inhofe Franken Merkley Wyden cows destroyed. Risch Tennessee: Unprecedented levels of Coats Isakson Roberts NAYS—38 Coburn Johanns Rubio rainfall. Corker Johnson (WI) Sessions Alexander Grassley Moran This money is literally the difference Cornyn Kirk Shelby Ayotte Hatch Paul Crapo Kyl between life and death for these farm- Thune Barrasso Hoeven Portman DeMint Lee Boozman Hutchison Risch ers. Enzi Lugar Toomey Coats Inhofe Roberts I urge my colleagues to support this Graham McCain Vitter Coburn Johanns Rubio amendment, and I request a voice vote. Cochran Johnson (WI) Sessions NOT VOTING—1 Collins Kirk Would Senator BLUNT like to address Shelby Webb Corker Kyl the Chamber? Thune Cornyn Lee Toomey The PRESIDING OFFICER. If all The amendment (No. 869) was agreed Crapo Lugar Vitter time is yielded back, the question is on to. DeMint McCain Enzi McConnell Wicker agreeing to the Gillibrand amendment. The PRESIDING OFFICER. The ma- All those in favor, say aye. jority leader. ANSWERED ‘‘PRESENT’’—1 Mr. SESSIONS. I ask for the yeas Mr. REID. Madam President, we Burr and nays. would be much more efficient here if NOT VOTING—1 The PRESIDING OFFICER. Is there a we have 10-minute votes. It is very dif- Webb sufficient second? ficult for those who are doing the work At this moment, there is not a suffi- for us to determine who is voting The PRESIDING OFFICER. On this cient second. vote, the ayes are 60, the nays are 38, 1 which way, to hear us. People are mov- Mr. SESSIONS. Mr. President, I note ing around. I think it will be to every- Senator voting ‘‘present.’’ the absence of a quorum. The amendment is agreed to. one’s advantage if we all sit down and Ms. MIKULSKI. Mr. President, would make sure these are really 10-minute Mr. MENENDEZ. Mr. President, I the clerk please call the roll and see if move to reconsider the vote. votes. It would make it so much easier a quorum is present. I believe a quorum for the tally clerks and for everyone Mrs. BOXER. I move to lay that mo- is present. tion on the table. concerned. So I would ask that we all The PRESIDING OFFICER. The be ladies and gentlemen, take our The PRESIDING OFFICER. The Sen- clerk will call the roll to ascertain the ator from Louisiana. seats. This will move much more effi- presence of a quorum. ciently. Ms. LANDRIEU. Mr. President, this The assistant legislative clerk pro- is a point of personal privilege or a par- ceeded to call the roll. AMENDMENT NO. 836 liamentary inquiry. Due to the rate at Ms. MIKULSKI. Point of personal The PRESIDING OFFICER. The which we are voting on amendments privilege. Could we call the roll faster? question is on the Lautenberg amend- that are pending, can the Parliamen- Mr. REID. Mr. President, I ask unan- ment No. 836. There is now 2 minutes of tarian or the leadership share with us, imous consent that the call of the debate evenly divided. after, say, 1 hour and 45 minutes on quorum be terminated. The Senator from New Jersey. four votes, what it might look like for The PRESIDING OFFICER. Without Mr. LAUTENBERG. Madam Presi- the rest of the night? objection, it is so ordered. dent, this amendment increases fund- The PRESIDING OFFICER. The ma- Mr. REID. I ask for the yeas and nays ing for disaster relief grants at the jority leader. on the Gillibrand amendment. Economic Development Administra- Mr. REID. Mr. President, I know how The PRESIDING OFFICER. Is there a tion. Forty-eight States have received frustrating it is for everyone. This is sufficient second? a Federal disaster declaration this year not a question for the Parliamentarian. There appears to be a sufficient sec- and may be eligible for this relief. EDA We are doing our best to work through ond. funds rebuild sewers and drinking

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Hur- we have a growing utilization of cat- difficult economic times would have ricane Irene caused more than $7 bil- egorical eligibility where if one quali- their benefits delayed because of the lion in damage alone. fies for LIHEAP, TANF, counseling increased complexity of the additional In 2008, we gave EDA $500 million to programs, and any number of other processing time for applications. respond to disasters in the South and governmental relationships, one also Low-income working families with the Midwest. This amendment would qualifies for food stamps. CBO scores children are the majority of those who give EDA the same amount this year. this as costing as much as $10 billion would be affected by the elimination of The amendment complies with the dis- over 10 years. categorical eligibility. Additionally, aster relief provision in the Budget This is a good-government amend- roughly 200,000 children in these fami- Control Act and is not offset with cuts ment. You can get food stamps. Nobody lies would lose access to free school from other programs. would be eliminated. You simply have meals. Senators SANDERS, MENENDEZ, to go to the office and fill out the form Improving the error rate even further GILLIBRAND, BLUMENTHAL, and LEAHY and show that you meet the food stamp in the SNAP program is an issue that are cosponsors, and Chairman MIKUL- qualifications and not get by having the Agriculture Committee is com- SKI supports it as well. met other qualifications that are less mitted to addressing in the upcoming The PRESIDING OFFICER. The Sen- stringent. I really believe it is a good farm bill negotiations, and one that we ator has used 1 minute. amendment and would help us save have already heard to chairwoman of Mr. LAUTENBERG. Madam Presi- some money and make this program the Senate Agriculture Committee dent, I ask for the yeas and nays. more effective. The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Who speak about this week. Eliminating sufficient second? yields time? State flexibility through categorical There is not a sufficient second. The Senator from Michigan. eligibility programs does not address If all time is yielded back, the ques- Ms. STABENOW. Madam President, error rates in any meaningful way. tion is on agreeing to the amendment. first of all, I completely agree with Supporters of this amendment cite lim- The amendment (No. 836) was agreed Senator SESSIONS. We need to elimi- ited examples as proof that categorical to. nate waste, fraud, and abuse in the sup- eligibility is at the root of erroneous The PRESIDING OFFICER. The Sen- plemental food program, as in every enrollments in SNAP. But allowing ator from New Mexico. Federal program. millions to go hungry because of a few AMENDMENT NO. 771, AS MODIFIED I wish to commend the USDA now for anecdotal stories is shortsighted at Mr. BINGAMAN. Madam President, having less than a 4-percent error rate, best. the next amendment is amendment No. and we are going to continue to push The Senate Agriculture Committee, 771; is that correct? them to go down even further. Why? which I am proud to be a senior mem- The PRESIDING OFFICER. The Sen- Because right now we have people who ber of, will be looking for additional ator is correct. have paid taxes all their lives, who had ways to improve SNAP in the coming Mr. BINGAMAN. Madam President, never in their wildest dreams thought months, but eliminating categorical this amendment will increase funding they would ever need help putting food eligibility as this amendment does is for the U.S. Trade Representative’s Of- on their table, and they do. We cannot not the answer. I urge all Senators to fice to the level the President re- afford to waste even one dollar. oppose this amendment. quested, also to the level the House ap- My colleague mentioned on the floor The PRESIDING OFFICER. Under propriators have proposed. It adds several times a lottery winner in the previous order requiring 60 votes nearly $4.5 million to the budget for Michigan who got food assistance. He for the adoption of this amendment, the U.S. Trade Representative’s Office. is right, it was outrageous. The State the question is on agreeing to the This is funding that is needed to en- changed it, and we are changing it in amendment. force our trade agreements. We just en- the upcoming farm bill. But the reality Mr. SESSIONS. I ask for the yeas tered into three new free-trade agree- is that this amendment, the Sessions and nays. ments. They need the personnel in amendment, completely changes the order to try to enforce these. We have structure of the food assistance pro- The PRESIDING OFFICER. Is there a a great many trade disputes with gram, putting up barriers to hard- sufficient second? China—all of us are aware of that—and working, honest men, women, and chil- There is a sufficient second. other major industrial countries as dren who need help, most of them for The clerk will call the roll. well. the first time in their entire lives. The legislative clerk called the roll. This amendment has the support of I urge my colleagues to vote no. the U.S. Chamber of Commerce, the Mr. LEAHY. Madam President, I am Mr. DURBIN. I announce that the Farm Bureau, and the National Pork disappointed that with so many Ameri- Senator from Virginia (Mr. WEBB) is Producers Council. cans struggling in difficult economic necessarily absent. This is good legislation which I hope times, we are considering amendments The PRESIDING OFFICER (Mr. all Senators will support. that will greatly reduce the ability of MERKLEY). Are there any other Sen- I yield the floor. the neediest among us to put food on ators in the Chamber desiring to vote? The PRESIDING OFFICER. Who the table for their families. The The result was announced—yeas 41, yields time in opposition? amendment numbered 810 filed by Sen- nays 58, as follows: If all time is yielded back, the ques- ator SESSIONS would eliminate the [Rollcall Vote No. 182 Leg.] tion is on agreeing to the amendment, ability of States to align the Supple- as modified. mental Nutrition Assistance Program, YEAS—41 The amendment (No. 771), as modi- SNAP, eligibility rules with the tem- Alexander Grassley McConnell fied, was agreed to. porary assistance to needy families to Ayotte Hatch Moran Barrasso Heller Murkowski AMENDMENT NO. 810 reduce administrative costs and simply Blunt Hoeven Paul The PRESIDING OFFICER. The next enrollment. Boozman Hutchison Portman amendment is the Sessions amendment Since 2008, Vermont has used cat- Burr Inhofe Risch No. 810. egorical eligibility to reach more Chambliss Isakson Roberts Coburn Johanns Sessions The Senator from Alabama. households and more needy individuals Corker Johnson (WI) Shelby Cornyn Kirk Mr. SESSIONS. Madam President, by simplifying enrollment. Reducing Thune Crapo Kyl the fastest growing large program we administrative costs and simplifying Toomey DeMint Lee have by far is the Food Stamp Pro- paperwork should be a goal we all Enzi McCain Vitter gram. It has gone from $20 billion to share for Federal programs. But by Graham McCaskill Wicker

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00056 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6845 NAYS—58 Senator to come at that particular The Senator from Oklahoma. Akaka Franken Nelson (NE) time and figure out what is in the farm Mr. COBURN. Mr. President, there Baucus Gillibrand Nelson (FL) bill and what is not, what payment are 4,000 properties in the United Begich Hagan Pryor limitation is appropriate and what is States that get money from HUD for Bennet Harkin Reed Bingaman Inouye not. housing to help people whom we want Reid The PRESIDING OFFICER. The Sen- Blumenthal Johnson (SD) Rockefeller to help. There are 450 owners who are Boxer Kerry Rubio ator’s time has expired. chronically on the list of slumlords, Brown (MA) Klobuchar Sanders Mr. COBURN. Mr. President, how who put the people who live in these Brown (OH) Kohl Schumer much time do I have remaining? Cantwell Landrieu houses in danger; they are at high risk Shaheen The PRESIDING OFFICER. The Sen- Cardin Lautenberg for losing their lives in that property. Carper Leahy Snowe ator has 16 seconds remaining. Stabenow Mr. COBURN. Mr. President, $1 mil- This amendment only says that if Casey Levin you are going to continue to put these Coats Lieberman Tester lion a year and we are giving them Cochran Lugar Udall (CO) money. We have a $1.3 trillion deficit, people at risk of losing their lives, then Udall (NM) Collins Manchin and we continue to hear the defense of we are not going to pay you anymore. Conrad Menendez Warner that. It would be great if we do a new We are not going to send you money if Coons Merkley Whitehouse you continue to be in this group of Durbin Mikulski Wyden farm program. But the fact is, that is Feinstein Murray not a given. If we pass this amendment slumlords who are not spending any of their money bringing their properties NOT VOTING—1 and we do a new farm bill, this amend- up to date and you are leaving people Webb ment has no effect. The PRESIDING OFFICER. The pro- at risk of significant harm. I reserve The PRESIDING OFFICER. On this ponent’s time has expired. the remainder of my time. vote the yeas are 41, the nays are 88. Mr. COBURN. I ask for the yeas and The PRESIDING OFFICER. The Sen- Under the previous order requiring 60 nays. ator from Washington. votes for the adoption of this amend- The PRESIDING OFFICER. Is there a Mrs. MURRAY. Mr. President, I ment, the amendment is rejected. sufficient second? thank Senator COBURN for his passion AMENDMENT NO. 791 There is a sufficient second. on this issue. He has raised valid con- The PRESIDING OFFICER. The next The question is on agreeing to the cerns about the bad actors who are amendment is the Coburn amendment amendment. part of the Federal program. The clerk will call the roll. No. 791. The assistant legislative clerk called The problem is, the way this is draft- Mr. COBURN. Mr. President, we have the roll. ed, it goes too far. This amendment 2,705 people in this country who had ad- Mr. DURBIN. I announce that the puts the tenants at risk. It will put the justed gross incomes in excess of $2.5 Senator from Virginia (Mr. WEBB) is tenants out of a place to live. million last year who got farm pay- necessarily absent. Earlier, I offered to work with the ments—direct farm payments. This is The PRESIDING OFFICER. Are there Senator to address the issue in a way an amendment that will limit adjusted any other Senators in the Chamber de- that would make sure we protect resi- gross incomes above $1 million from re- siring to vote? dents. We were not able to get to a res- ceiving direct payments. The result was announced—yeas 84, olution. I hope we can continue to We hear we are going to change that nays 15, as follows: work on this. This amendment, as system. We may change that system. [Rollcall Vote No. 183 Leg.] drafted, will put the tenants at risk But that has not happened yet. All this YEAS—84 and out. If once in 5 years a HUD prop- amendment says, if you make more Akaka Gillibrand Merkley erty falls under the troubled category, than $1 million, you should not be eli- Ayotte Graham Mikulski the tenants will be at risk. gible to receive a direct farm payment Barrasso Grassley Murkowski Begich Hagan Murray I ask my colleagues to reject this from this government. Rather than Bennet Harkin Nelson (NE) amendment. I offer to work with the taxing the millionaires, the first thing Bingaman Hatch Nelson (FL) Senator to address this in a way that we ought to do is quit giving them sub- Blumenthal Heller Paul gets after the problem he has defined. sidies. Boxer Hutchison Portman The PRESIDING OFFICER. The Sen- I reserve the remainder of my time. Brown (MA) Inouye Reed Brown (OH) Johanns Reid ator from Oklahoma. The PRESIDING OFFICER. Who Burr Johnson (SD) Risch Mr. COBURN. Mr. President, they did yields time? Cantwell Johnson (WI) Rockefeller offer, but they told us they didn’t have The Senator from Michigan. Cardin Kerry Rubio Carper Kirk Sanders the time to work it out. Ms. STABENOW. Mr. President, let The fact is, these are life-threatening me just indicate that the House and Casey Klobuchar Schumer Coats Kohl Sessions emergencies. If one person dies because Senate Agriculture Committee leaders Coburn Kyl Shaheen we don’t do this, it is on our hands. have come together in a bipartisan, bi- Collins Landrieu Shelby I ask for the yeas and nays. Conrad Lautenberg Snowe cameral basis to recommend reforms in The PRESIDING OFFICER. Is there a our farm commodity programs that Coons Lee Tester Corker Levin Thune sufficient second? will, frankly, make this amendment a Cornyn Lieberman Toomey There is a sufficient second. There is moot point. I would ask my colleagues Crapo Lugar Udall (CO) a 60-vote threshold on this vote. to vote no and to give us the next 10 DeMint Manchin Udall (NM) Durbin McCain Vitter The question is on agreeing to the days to come forward with the new ap- Enzi McCaskill Warner amendment. The clerk will call the proach we will be offering. Feinstein McConnell Whitehouse roll. I will now yield to my friend and col- Franken Menendez Wyden The bill clerk called the roll. league on the Agriculture Committee, NAYS—15 Mr. DURBIN. I announce that the Senator ROBERTS. Alexander Cochran Moran Senator from Virginia (Mr. WEBB) is Mr. ROBERTS. I thank the chair- Baucus Hoeven Pryor necessarily absent. woman for yielding. The Senator from Blunt Inhofe Roberts The PRESIDING OFFICER (Mr. Oklahoma has a good intent, but he is Boozman Isakson Stabenow Chambliss Leahy Wicker MANCHIN). Are there any other Sen- adding in a payment limit on top of ators in the Chamber desiring to vote? NOT VOTING—1 two others. It is going to be difficult to The result was announced—yeas 59, implement and administrate from the Webb nays 40, as follows: Department of Agriculture’s stand- The amendment (No. 791) was agreed [Rollcall Vote No. 184 Leg.] point. The Senator from Michigan is to. YEAS—59 exactly right. He is limiting programs AMENDMENT NO. 792 for which there probably will not be The PRESIDING OFFICER. There Alexander Blunt Casey Ayotte Boozman Chambliss any programs. I suggest we do this dur- will now be 2 minutes of debate, equal- Barrasso Brown (MA) Coats ing the reauthorization of the farm ly divided, on the Coburn amendment Baucus Brown (OH) Coburn bill, and then I would encourage the No. 792. Begich Burr Cochran

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00057 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6846 CONGRESSIONAL RECORD — SENATE October 20, 2011 Corker Johnson (WI) Paul The result was announced—yeas 73, tain a member of al-Qaida who is plan- Cornyn Kirk Portman nays 26, as follows: ning an attack on our country, the pri- Crapo Kohl Risch DeMint Kyl Roberts [Rollcall Vote No. 185 Leg.] ority has to be on gathering informa- Enzi Lee Rubio YEAS—73 tion to protect Americans. I have great Graham Lieberman Sessions Alexander DeMint McCaskill respect for our civilian court system, Grassley Lugar Shelby Ayotte Enzi Hagan Manchin McConnell but it was not set up to allow the time Snowe Barrasso Feinstein Hatch McCain Moran to interrogate members of al-Qaida. We Tester Begich Graham Heller McCaskill Murkowski Thune Bennet Grassley should not be trying these individuals Hoeven McConnell Nelson (NE) Toomey Bingaman Hagan in our civilian system but in military Hutchison Moran Nelson (FL) Blumenthal Harkin Inhofe Murkowski Vitter Paul commissions. We should not be pro- Blunt Hatch Isakson Nelson (NE) Warner Portman viding these terrorists Miranda rights Boozman Heller Johanns Nelson (FL) Wicker Risch Boxer Hoeven and speedy presentment rights that Roberts NAYS—40 Brown (MA) Hutchison come with our civilian system. Brown (OH) Inhofe Rubio Akaka Gillibrand Pryor Schumer The PRESIDING OFFICER. The Sen- Bennet Harkin Reed Burr Isakson ator’s time has expired. Cardin Johanns Sessions Bingaman Inouye Reid Shelby The Senator from Michigan. Blumenthal Johnson (SD) Carper Johnson (WI) Rockefeller Snowe Boxer Kerry Casey Kerry Mr. LEVIN. Mr. President, I oppose Sanders Thune Cantwell Klobuchar Chambliss Kirk the amendment. This is a very dif- Schumer Toomey Cardin Landrieu Coats Klobuchar Shaheen Coburn Kyl Udall (CO) ferent amendment from the one we Carper Lautenberg Stabenow Collins Leahy Cochran Landrieu Udall (NM) adopted in our Armed Services Com- Udall (CO) Conrad Levin Collins Lee Vitter mittee relative to detention. This Udall (NM) Coons Menendez Coons Lieberman Warner amendment was rejected on a strong Whitehouse Durbin Merkley Corker Lugar Wicker bipartisan vote in the Armed Services Feinstein Mikulski Wyden Cornyn Manchin Wyden Franken Murray Crapo McCain Committee. The reasons are set forth NAYS—26 in a letter from the Secretary of De- NOT VOTING—1 fense, Mr. Panetta, who wrote us: Webb Akaka Kohl Reed Baucus Lautenberg Reid If we are to safeguard the American people, The PRESIDING OFFICER. On this Cantwell Leahy Rockefeller we must be in a position to employ every vote, the yeas are 59, the nays are 40. Conrad Levin Sanders lawful instrument of national power—includ- Under the previous order requiring 60 Durbin Menendez Shaheen ing both courts and military commissions— votes for the adoption of this amend- Franken Merkley Stabenow to ensure that terrorists are brought to jus- ment, the amendment is rejected. Gillibrand Mikulski Tester tice and can no longer threaten American Inouye Murray Whitehouse The Senator from Oklahoma. Johnson (SD) Pryor lives. By depriving us of one of our most po- AMENDMENT NO. 796 tent weapons in the fight against terrorism, Mr. COBURN. Mr. President, is the NOT VOTING—1 the Ayotte amendment would make it more next ordered amendment No. 796? Webb likely that terrorists would escape justice The PRESIDING OFFICER. That is The PRESIDING OFFICER. On this and innocent lives would be put at risk. correct. vote, the yeas are 73 and the nays are They have been successfully pros- Mr. COBURN. Might I be recognized? 26. Under the previous order requiring ecuted. Recently in Detroit a terrorist The PRESIDING OFFICER. The Sen- 60 votes for the adoption of this amend- was successfully prosecuted in an arti- ator is recognized. Mr. COBURN. This is an amendment ment, the amendment is agreed to. cle III court. We should not deny the that addresses something that is going AMENDMENT NO. 753 prosecutors this tool. on that I think we should not allow. We Mr. REID. Mr. President, I ask unan- I yield the remainder of my time to have a lot of great programs that help imous consent notwithstanding the the Senator from Illinois, Mr. DURBIN. a lot of cities and States out by cre- previous order the Senate now proceed Mr. DURBIN. Mr. President, there ating loans that allow the cities and to vote in relation to the Ayotte have been over 300 successful prosecu- States to do something. What is hap- amendment No. 753, and all other pro- tions of accused terrorists since 9/11; pening is, when the project we gave the visions of the previous order remain in 200 under President Bush, 100 under loan for fails, they turn around and effect. President Obama, all in article III take Federal grants to repay the loan. The PRESIDING OFFICER. Without courts; only 3 prosecutions in military All this amendment does is to pro- objection, it is so ordered. commissions. Give the President the hibit us from allowing grants to be The majority leader. power he needs to keep America safe. used to repay Federal loans on local or Mr. REID. Mr. President, the Repub- The PRESIDING OFFICER (Mr. city or State projects. lican leader and I had a meeting here a WHITEHOUSE). The time of the Senator Mr. President, I reserve the remain- few minutes ago. Following this vote has expired. der of my time. we will have more information for the The question is on agreeing to the The PRESIDING OFFICER. The Sen- body. ator from Wisconsin. amendment. AMENDMENT NO. 753 Ms. AYOTTE. I ask for the yeas and Mr. KOHL. Mr. President, I have con- The PRESIDING OFFICER. The Sen- cerns about the way this amendment is nays. ator from New Hampshire. worded. It may have serious con- Ms. AYOTTE. Mr. President, our The PRESIDING OFFICER. Is there a sequences on disaster funding. I am country continues to be at war with sufficient second? prepared to have a voice vote on this members of al-Qaida, enemy combat- There is a sufficient second. issue. ants who want to kill Americans and This is a 60-vote threshold. Mr. COBURN. I ask for the yeas and The clerk will call the roll. nays. that is why Congress authorized the The PRESIDING OFFICER. Is there a use of military force to combat these The bill clerk called the roll. sufficient second? individuals. My amendment applies to Mr. DURBIN. I announce that the There is a sufficient second. the worst of the worst. It would pro- Senator from Virginia (Mr. WEBB) is The question is on agreeing to hibit the use of funds for fiscal year necessarily absent. amendment No. 796. 2012 for the prosecution of enemy com- The PRESIDING OFFICER. Are there Under the previous order, the amend- batants in civilian article III courts. any other Senators in the Chamber de- ment requires 60 votes for adoption. This prohibition would extend to mem- siring to vote? The clerk will call the roll. The assistant legislative clerk called bers of al-Qaida or affiliated entities, The result was announced—yeas 47, the roll. and who have participated or carried nays 52, as follows: Mr. DURBIN. I announce that the out an attack against our country or [Rollcall Vote No. 186 Leg.] Senator from Virginia (Mr. WEBB) is our coalition partners. It does not YEAS—47 necessarily absent. apply to American citizens. These individuals, enemy combat- Alexander Boozman Coats The PRESIDING OFFICER. Are there Ayotte Brown (MA) Coburn any other Senators in the Chamber de- ants, are not common criminals who Barrasso Burr Cochran siring to vote? just robbed a liquor store. When we de- Blunt Chambliss Collins

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00058 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6847 Corker Isakson Portman quired under the current order and con- Roberts Snowe Warner Cornyn Johanns Risch tinue to be required? Rockefeller Stabenow Whitehouse Crapo Johnson (WI) Roberts Sanders Tester Wicker DeMint Kyl Rubio Mr. REID. All elements of the pre- Schumer Thune Wyden Enzi Lee Sessions vious order are in effect. Shaheen Udall (CO) Graham Lieberman Shelby The PRESIDING OFFICER. Is there Shelby Udall (NM) Grassley Lugar Snowe objection? Without objection, it is so NAYS—16 Hatch McCain Thune Heller McConnell Toomey ordered. Chambliss Hatch Rubio Hoeven Moran Vitter CLOTURE MOTION Coburn Heller Sessions Hutchison Murkowski Wicker Corker Johnson (WI) Toomey Inhofe Nelson (NE) The PRESIDING OFFICER. Pursuant Cornyn Lee Vitter NAYS—52 to rule XXII, the Chair lays before the Crapo McCain Senate the pending cloture motion, DeMint Risch Akaka Hagan Nelson (FL) Baucus Harkin Paul which the clerk will report. NOT VOTING—2 Begich Inouye Pryor The bill clerk read as follows: Paul Webb Bennet Johnson (SD) Reed CLOTURE MOTION Bingaman Kerry Reid The PRESIDING OFFICER. On this We, the undersigned Senators, in accord- Blumenthal Kirk Rockefeller vote, the yeas are 82, the nays are 16. Boxer Klobuchar ance with the provisions of rule XXII of the Sanders Three-fifths of the Senators duly cho- Brown (OH) Kohl Schumer Standing Rules of the Senate, hereby move Cantwell Landrieu sen and sworn having voted in the af- Shaheen to bring to a close the debate on amendment Cardin Lautenberg Stabenow No. 738 to H.R. 2112, an Act making appro- firmative, the motion is agreed to. Carper Leahy Tester Casey Levin priations for Agriculture, Rural Develop- Under the previous order, the sub- Conrad Manchin Udall (CO) ment, Food and Drug Administration, and stitute amendment (No. 738) is agreed Coons McCaskill Udall (NM) Related Agencies programs for the fiscal to. Warner Durbin Menendez year ending September 30, 2012, and for other The Republican leader. Feinstein Merkley Whitehouse purposes. Franken Mikulski Wyden Harry Reid, Herb Kohl, Daniel Inouye, TRIBUTE TO CARL H. LINDNER, JR. Gillibrand Murray Sheldon Whitehouse, Jack Reed, Rob- Mr. MCCONNELL. Madam President, NOT VOTING—1 ert Menendez, Jeff Bingaman, Barbara I rise to mourn the passing of a great Webb Mikulski, Patty Murray, Debbie American and a man who did much to Stabenow, Richard Durbin, Sherrod The PRESIDING OFFICER. On this benefit the people of Kentucky as well Brown, Richard Blumenthal, Bernard as Ohio. Carl Henry Lindner, Jr., was vote, the yeas are 47, the nays are 52. Sanders, Robert Casey, Jr., Jeff Under the previous order requiring 60 Merkley, Patrick Leahy, Tom Harkin. Greater Cincinnati’s most successful entrepreneur and a self-made man. He votes for the adoption of the amend- The PRESIDING OFFICER. By unan- passed away this October 17. He was 92 ment, it is rejected. imous consent the mandatory quorum years old. The PRESIDING OFFICER. The ma- call has been waived. Carl Lindner was born in Dayton, OH, jority leader. The question is, Is it the sense of the in 1919, the son of a dairyman. He quit Mr. REID. Mr. President, as I indi- Senate that the debate on amendment high school to help out in his father’s cated, the Republican leader and I met No. 738 offered by the Senator from Ne- dairy. That store grew into United prior to the last vote. We understand vada, Mr. REID, to H.R. 2112, an act Dairy Farmers, a chain of dairy and there has been tremendous progress making appropriations for Agriculture, convenience stores that many northern made. This is something for those of us Rural Development, Food and Drug Ad- Kentuckians frequent to this day to who have been in the Senate a while ministration, and Related Agencies buy their famous ice cream. that brings back a lot of memories. programs for the fiscal year ending Mr. Lindner made much of his living This is the way we did things in the September 30, 2012, and for other pur- in the banking and insurance business. past. It is difficult, but it moves legis- poses shall be brought to a close? His name became famous across north- lation. It has been inconvenient for ev- The yeas and nays are mandatory ern Kentucky and Ohio and nationwide eryone. under the rule. as the owner of the Cincinnati Reds Before moving to this consent agree- The clerk will call the role. from 1999 to 2005. Carl also ran an ment, the most difficult time is for our Mr. DURBIN. I announce that the amusement park and his hometown staffs. They have worked the last two Senator from Virginia (Mr. WEBB), is newspaper, the Cincinnati Enquirer. days as hard as people can work, led by necessarily absent. Gary Myrick on my side, David Mr. KYL. The following Senator is Always the optimist, Carl was fa- Schiappa on the other side. Other staff necessarily absent: the Senator from mous for carrying cards with him that he would hand out to anyone he met has worked very hard, but they have Kentucky (Mr. PAUL). been exemplary people to help us move The PRESIDING OFFICER. Are there with motivational sayings printed on it. any other Senators in the Chamber de- them. One frequent version of the card Here is the consent agreement. I hope siring to vote? would read: ‘‘Only in America! Gee, am everyone will agree with this. The yeas and nays resulted—yeas 82, I lucky!’’ I ask consent that the next vote on nays 16, as follows: Carl spent much of his time working for his community, bringing thousands our sequence be the cloture vote with [Rollcall Vote No. 187 Leg.] respect to the substitute amendment of high-paying jobs to Cincinnati and YEAS—82 No. 738; that if cloture is invoked, the northern Kentucky. He has been called substitute amendment be agreed to and Akaka Conrad Kyl a ‘‘one-man Chamber of Commerce.’’ Alexander Coons Landrieu it be considered original text for the Ayotte Durbin Lautenberg He also was renowned for his philan- purposes of further amendment; that Barrasso Enzi Leahy thropic efforts. He gave generously of the remaining amendments which were Baucus Feinstein Levin his time and resources to charities, Begich Franken Lieberman churches, universities, museums, orga- scheduled for votes under the previous Bennet Gillibrand Lugar order remain in order notwithstanding Bingaman Graham Manchin nizations serving the underprivileged, cloture having been invoked; that when Blumenthal Grassley McCaskill and even children in Sri Lanka or- the Senate resumes consideration of Blunt Hagan McConnell phaned by the 2005 tsunami. Boozman Harkin Menendez H.R. 2112 on Tuesday, November 1, the Boxer Hoeven Merkley I had the benefit of knowing Carl for Senate proceed to votes on the remain- Brown (MA) Hutchison Mikulski a long time very well. He was an amaz- ing amendments; and that all other Brown (OH) Inhofe Moran ing man, and his loss will be deeply felt Burr Inouye Murkowski provisions of the previous order remain Cantwell Isakson Murray by many. Elaine and I send our condo- in effect. Cardin Johanns Nelson (NE) lences to his wife Edyth; his sons, Carl The PRESIDING OFFICER. Is there Carper Johnson (SD) Nelson (FL) III, Craig, and Keith; his 12 grand- objection? Casey Kerry Portman children, 5 great grandchildren, and Coats Kirk Pryor Mr. LEVIN. An inquiry. I will not ob- Cochran Klobuchar Reed many other beloved family members ject. Does that mean 60 votes are re- Collins Kohl Reid and friends.

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00059 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6848 CONGRESSIONAL RECORD — SENATE October 20, 2011 The passing of Carl Lindner is a true Perhaps the most public role of his career vorced seven years later with no children. He loss for the people of northern Ken- was his ownership of the Cincinnati Reds then married the former Edyth Bailey in tucky, Ohio, and the Nation. I know from 1999 to 2005. Lindner owned a minority 1951, and they have three sons who all went into the family business: Carl III, Craig and my Senate colleagues join me in re- stake both before and after that period but was the Reds’ CEO for six seasons, and each Keith. membering and honoring Carl for his of those years the team lost more games Lindner cautiously entered the savings- very American success story, his serv- than it won. and-loan and insurance business, founding ice to his community, and the example He approved the trade for Ken Griffey Jr. his flagship company American Financial he leaves behind for others of a full life in 2000, even sending his private jet to bring Corp. in 1959. In the early 1970s the company well lived. Griffey to Cincinnati and then personally gained control of Great American Insurance, Madam President, the Cincinnati driving the hometown star back to Cinergy which would become its chief operating busi- Field from Lunken Airport in his Rolls- ness. Enquirer recently published an obit- Throughout the 1970s and 1980s the com- uary of Carl Lindner. I ask unanimous Royce. But as the Reds’ losses mounted, Lindner pany bought and sold companies in a variety of industries. Lindner took the company pri- consent that it be printed in full in the never spoke publicly to fans and privately vate in 1981 and released little financial in- RECORD. bristled at talk-radio criticism. formation to the public, but in 1995 the com- There being no objection, the mate- That period ended in late 2005 when pany sold stock to public shareholders under rial was ordered to be printed in the Lindner sold a controlling stake in the Reds the new umbrella of American Financial to a group headed by Bob Castellini. RECORD, as follows: Group Inc. [From the Cincinnati Enquirer, Oct. 18, 2011] Shy and scornful of reporters, Lindner nev- In 2003, Keith Lindner left American Fi- ertheless became a focus of media attention CARL HENRY LINDNER: 1919–2011 nancial to concentrate on the family’s chari- because of his substantial wealth and his far- table pursuits. In 2004 Carl and Craig Lindner BILLIONAIRE INVESTOR, DEAD AT 92, WAS flung business dealings. were named co-CEOs of the company while CINCINNATI’S BIGGEST BENEFACTOR The controversies included millions of dol- Carl Lindner Jr. remained chairman. (By Cliff Peale) lars in political contributions as his Chiquita Lindner was a conservative icon, lobbying From humble beginnings running his fa- Brands International Inc. was waging a trade against Robert Mapplethorpe’s 1990 exhibit ther’s dairy store in Norwood, Carl Henry war with European countries, a bevy of law- at the Contemporary Arts Center here and Lindner Jr. grew into a billionaire, a friend suits and federal charges over business deals funding the Cincinnati Hills Christian Acad- of U.S. presidents and Greater Cincinnati’s that benefited Lindner and his company emy. most successful entrepreneur. more than other shareholders, and a high- But he was pragmatic as well, contributing For nearly a century until he died late profile battle with the Enquirer in 1998 over more than $1 million to Democratic Presi- Monday at age 92, the former Reds owner a series of critical stories on Chiquita. dent Bill Clinton during Chiquita Brands’ never shed the fierce competitiveness and Lindner built a national reputation in the battle over European banana quotas. He was loyalty that made him a hometown icon. 1980s as a high-risk trader, becoming a busi- well known as one of the biggest givers in His influence ran to every corner of Great- ness partner of symbols of the decade’s ex- the country to both political parties. er Cincinnati. The high-school dropout cess such as junk-bond king Michael Milken THE GOOD LIFE bought and sold Kings Island, the Reds, and Cincinnati’s own Charles Keating. Lindner developed a taste for the good life, Provident Bank and the Enquirer. His name He was the classic ‘‘value investor,’’ buy- including a sprawling home in Indian Hill is on buildings from the University of Cin- ing properties few other investors wanted and nearly a dozen Rolls-Royce auto- cinnati’s business school to the tennis center and waiting years, or even decades, to reap mobiles—with the trademark ‘‘CHL’’ license at Lunken Playfield. the benefits. plate—that he drove himself well into his But it was the banking and insurance busi- That gave him a portfolio including the old 80s. ness that made him a billionaire. At his Penn Central railroad, Circle K convenience He also owned a home in the exclusive death, his American Financial Group Inc. stores and New York City landmark Grand Ocean Reef community of North Key Largo, controlled assets of nearly $32 billion and he Central Station. Fla. There, he entertained lavishly, includ- was routinely listed as one of the richest But Lindner spent the two decades before ing hosting former President George Bush in men in America. his death shedding assets that didn’t deal the early 1990s. Ever the optimist, Lindner often carried an with insurance and transferring others to his Lindner traveled around the country in his inch-thick stack of cards with motivational three sons. That left American Financial as own private jet. He dined often at exclusive sayings—one was ‘‘Only in America! Gee, am mostly an insurance and financial services restaurants like the Maisonette or the Wa- I lucky!’’—that he handed out to anyone he company. terfront—where he was an investor—and also would meet. He lost his stake in Chiquita in 2002 when became a regular at Trio in Kenwood. He was a teetotaler, physically unimposing that company emerged from Chapter 11 Lindner received nearly every award Cin- yet with a prominent shock of white hair bankruptcy. In 2004, Lindner, his family and cinnati has to offer, including induction into and a penchant for wearing flashy neckties. American Financial reaped nearly $1 billion Junior Achievement’s Greater Cincinnati Even to his closest friends and colleagues, in stock when they sold Cincinnati’s Provi- Business Hall of Fame in 1992 and the Great he was soft-spoken and rarely dent Financial Group Inc. to Cleveland-based Living Cincinnatian award in 1994. confrontational. Yet some business partners National City Corp. He was also on the board of directors of complained about unfair treatment and he The moves consolidated the business Citizens for Decency through Law, an anti- flashed a harsh temper when confronting re- around safer insurance businesses. Lindner pornography group headed by American Fi- porters who wrote what he perceived as un- also transferred tens of millions of dollars to nancial co-founder and one-time Executive friendly stories or criticism of his business his three sons and their families, solidifying Vice President Charles Keating. dealings. for generations a wealth that he never en- Among numerous awards and honors A devout Baptist and a longtime member joyed growing up. throughout his career, Lindner was named Man of the Year of the United Jewish Appeal of Kenwood Baptist Church, Lindner used his STARTING FROM SCRATCH wealth and influence behind the scenes to be- in 1978 and received the Friars Club Centen- Born April 22, 1919, in Dayton, Ohio, Carl come Greater Cincinnati’s largest benefactor nial Award in 1985. He was awarded an hon- Henry Lindner Jr. was the firstborn of a orary doctorate by UC in 1985 and by Xavier and economic development force. At the modest dairyman and his wife, Clara. University in 1991. height of his personal giving he contributed Lindner quit high school to help in his fa- millions of dollars a year to charitable SERVICES NOT SCHEDULED YET ther’s Norwood dairy store. Along with his causes, and brought thousands of high-pay- Lindner’s family has not yet scheduled me- father, he and his brothers Robert and Rich- ing jobs to downtown Cincinnati. morial or funeral services. ard, and sister Dorothy, built it into United His companies brought thousands of em- American Financial Group, where Lindner Dairy Farmers, a chain of dairy and conven- ployees to the region, and the annual Christ- was chairman, said Tuesday that the family ience stores. mas party that he threw at Music Hall at- had requested memorial gifts be made to When the family founded what now is UDF tracted some of the nation’s biggest acts, in- Kenwood Baptist Church. on Montgomery Road in Norwood in 1940, the cluding Bill Cosby and Frank Sinatra. Lindner is survived by wife Edyth, sons first day’s sales amounted to $8.28. Carl III, Craig and Keith, 12 grandchildren CONSIDERED HIMSELF OUTSIDER Lindner often talked about the modest sur- and five great-grandchildren. At the same time, Lindner thought of him- roundings of his childhood, noting more than Mr. MCCONNELL. I yield the floor. self as an outsider, building his business ca- once that he picked up dates in an ice-cream The PRESIDING OFFICER. The Sen- reer outside of Cincinnati’s old-money elite. truck. He was never a member of many of the most Robert Lindner’s family eventually took ator from Illinois. exclusive business and country clubs and his control of UDF, and Richard Lindner became AMENDMENTS NOS. 859, 892, 893, AS MODIFIED; 805, bar-the-doors business style, starting with a sole owner of the Thriftway supermarket AS MODIFIED; 890, 918, AND 912, AS MODIFIED, hostile takeover of Provident Bank in the chain before selling it to Winn-Dixie Stores. EN BLOC mid-1960s, was out of place in always polite Lindner married the former Ruth Mr. DURBIN. I ask unanimous con- Cincinnati. Wiggeringloh of Norwood in 1942. They di- sent that the following amendments be

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00060 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6849 called up, reported by number, and con- (4) potential transmission pathways be- AMENDMENT NO. 918 sidered en bloc: Senator PORTMAN, No. tween infectious Canadian sockeye and (Purpose: To strike provisions related to the 859; Senator MCCAIN, No. 892; Senator uninfected salmonid populations in United Commission on Wartime Relocation and States waters; CANTWELL, No. 893, as modified, with Internment of Latin Americans of Japa- (5) management strategies to rapidly re- the changes that are at the desk; Sen- nese Descent) spond to potential Infectious Salmon Ane- Beginning on page 197, strike line 9 and all ator COCHRAN, No. 805, as modified, mia outbreaks in both wild and aquaculture that follows through page 209, line 2, and in- with the changes at the desk; Senator populations, including securing the water sert the following: BURR, No. 890; Senator INOUYE, No. 918; supplies at conservation hatcheries to pro- SEC. 541. The amount appropriated or oth- and Senator KYL, No. 912, as modified. tect hatchery fish from exposure to the In- erwise made available by title IV under the The PRESIDING OFFICER. Without fectious Salmon Anemia virus present in in- heading ‘‘COMMISSION ON WARTIME RELOCA- objection, it is so ordered. coming surface water; TION AND INTERNMENT OF LATIN AMERICANS The clerk will report the amend- (6) potential economic impacts of Infec- OF JAPANESE DESCENT’’ is hereby reduced by ments by number. tious Salmon Anemia; $1,700,000. (7) any role foreign salmon farms may have AMENDMENT NO. 912, AS MODIFIED The legislative clerk read as follows: in spreading Infectious Salmon Anemia to (Purpose: To increase funding for the The Senator from Illinois [Mr. DURBIN], for wild populations; southwest border enforcement) Mr. PORTMAN, proposes an amendment num- (8) the identity of any potential Federal, bered 859. State, tribal, and international research On page 117, line 16, strike ‘‘$1,101,041,000’’ The Senator from Illinois [Mr. DURBIN], for partners; and insert ‘‘$1,111,041,000; of which not to ex- Mr. MCCAIN, proposes an amendment num- (9) available baseline data, including base- ceed $10,000,000 shall be available for nec- bered 892. line data available from a collaborating enti- essary expenses for increased deputy mar- The Senator from Illinois [Mr. DURBIN], for ty; and shals and staff related to Southwest border Ms. CANTWELL, proposes an amendment num- (10) other Infectious Salmon Anemia re- enforcement until September 30, 2012;’’. On page 117, line 23, strike ‘‘$12,000,000’’ and bered 893, as modified. search priorities, as determined by the Task The Senator from Illinois [Mr. DURBIN], for insert ‘‘$20,250,000, of which $8,250,000 shall be Force. Mr. COCHRAN, proposes an amendment num- available for detention upgrades at Federal bered 805, as modified. AMENDMENT NO. 805, AS MODIFIED courthouses located in the Southwest border The Senator from Illinois [Mr. DURBIN], for region’’. Mr. BURR, proposes an amendment numbered (Purpose: To set aside certain funding for the On page 191, line 20, after the semicolon, 890. construction, acquisition, or improvement insert ‘‘and an additional $25,000,000 shall be The Senator from Illinois [Mr. DURBIN], for of fossil-fueled electric generating plants permanently rescinded;’’. Mr. INOUYE, proposes an amendment num- that utilize carbon sequestration systems) Mr. DURBIN. I believe the Senate is bered 918. On page 49, line 15, before the period at the ready to act on these amendments. The Senator from Illinois [Mr. DURBIN], for The PRESIDING OFFICER. Is there Mr. KYL, proposes an amendment numbered end insert ‘‘: Provided, That up to 912, as modified. $2,000,000,000 may be used for the construc- further debate? tion, acquisition, or improvement of fossil- If not, the question is on agreeing to The amendments are as follows: fueled electric generating plants (whether the amendments, en bloc. AMENDMENT NO. 859 new or existing) that utilize carbon seques- The amendments were agreed to en (Purpose: To strike a section relating to the tration systems’’. bloc. approval of projects that include beam rail The PRESIDING OFFICER. The Sen- elements and terminal sections) AMENDMENT NO. 890 ator from Washington. Strike section 125 of title I of division C. (Purpose: To improve the transparency and AMENDMENT NO. 893, AS MODIFIED AMENDMENT NO. 892 accountability of the FDA in order to en- Ms. CANTWELL. Madam President, (Purpose: To provide additional flexibility courage regulatory certainty and innova- in that en bloc group of amendments for the closing or relocation of Rural De- tion on behalf of America’s patients) was an important amendment, amend- velopment offices) On page 62, line 17, strike the period and ment No. 893, as modified, that was On page 70, line 7, insert ‘‘or that the clos- insert the following: ‘‘: Provided further, That sponsored by my colleagues from the ing or relocation would result in cost sav- Northwest—obviously myself, Senator ings’’ after ‘‘delivery’’. not later than 90 days after the date of en- actment of this Act, the Secretary of Health MURRAY, Senator WYDEN, Senator AMENDMENT NO. 893, AS MODIFIED and Human Services shall submit to Con- MERKLEY, Senator BOXER, and Senator (Purpose: To direct the National Aquatic gress a report that discloses, with respect to FEINSTEIN. We thought it was very im- Animal Health Task Force to assess the all drugs, devices, and biological products risk Infectious Salmon Anemia poses to portant that this amendment pass to- approved, cleared, or licensed under the Fed- wild Pacific salmon and the coastal econo- night because scientists are calling it a mies which rely on them) eral Food, Drug, and Cosmetic Act or the disease emergency; that is, that the Public Health Service Act during calendar On page 108, between lines 22 and 23, insert Pacific Northwest wild salmon might year 2011, including such drugs, devices, and the following: be threatened by a virus that has al- biological products so approved, cleared, or SEC. 114. (a) REPORT TO CONGRESS.—Not ready decimated fish farm salmon from licensed using funds made available under later than 6 months after the date of the en- around the world. this Act: (1) the average number of calendar actment of this Act, the National Aquatic So we want to see, first of all, impor- Animal Health Task Force shall submit to days that elapsed from the date that drug applications (including any supplements) tant scientific questions answered the Committee on Commerce, Science, and about the impacts of this virus, and the Transportation of the Senate and the Com- were submitted to such Secretary under sec- mittee on Natural Resources of the House of tion 505 of the Federal Food, Drug, and Cos- threat they pose to Pacific Northwest Representatives a report of the findings of metic Act (21 U.S.C. 355) until the date that salmon. Second, we want to make sure the research objectives described in sub- the drugs were approved under such section there is an aggressive management section (b). 505; (2) the average number of calendar days plan and an effective rapid response (b) RESEARCH AND SURVEILLANCE.—The Na- that elapsed from the date that applications plan to deal with the threat of this tional Aquatic Animal Health Task Force for device clearance (including any supple- virus. And, third, we want to make shall establish Infectious Salmon Anemia re- ments) under section 510(k) of such Act (21 sure we are protecting the wild salmon search objectives, in collaboration the with U.S.C. 360(k)) or for premarket approval (in- and the important economy that goes the Government of Canada, and Federal, cluding any supplements) under section 515 State, and tribal governments, including the with it. of such Act (21 U.S.C. 360e) were submitted to Department of Fish and Wildlife of Wash- I know many people know the North- such Secretary until the date that the de- ington and the Department of Fish and west is known for a healthy salmon vices were cleared under such section 510(k) Game of Alaska, to assess— population, but this salmon population (1) the prevalence of Infectious Salmon or approved under such section 515; and (3) is also an economy for us. It is tens of the average number of calendar days that Anemia in both wild and aquaculture thousands of jobs and hundreds of mil- salmonid populations throughout Alaska, elapsed from the date that biological license applications (including any supplements) lions of dollars as it relates to our Washington, Oregon, California, and Idaho; economy. So being able to detect this (2) genetic susceptibility by population and were submitted to such Secretary under sec- species; tion 351 of the Public Health Service Act (42 virus and make sure we are assessing (3) susceptibility of populations to Infec- U.S.C. 262) until the date that the biological the potential threat to the wild salmon tious Salmon Anemia from geographic and products were licensed under such section population is something we want to see oceanographic factors; 351.’’. happen immediately.

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00061 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6850 CONGRESSIONAL RECORD — SENATE October 20, 2011 This makes sure the task force, tures such States made before the date of the ally save money in the long run by in- which is a joint task force already in enactment of this Act in reliance on a grant vesting in commercial space to develop place between NOAA and the USDA, awarded in error under such sections.’’. a competitive vehicle, rather than con- works effectively in a very short time AMENDMENT NO. 806 tinuing to pay the Russians for seats period to make sure we are getting this (Purpose: To amend the requirements for the on their vehicles. accurate assessment. designation of Moving-To-Work agencies) Moving forward with the CCDEV pro- As I mentioned, this virus in the On page 365, line 8, strike ‘‘10,000’’ and in- gram will also result in additional op- farm fish population around the sert ‘‘20,000’’. portunities for development at the world—in Chile and other places—has Mr. WARNER. Mr. President, today I NASA Wallops Flight Facility, the Vir- decimated salmon. We cannot risk hav- wish to say a few words about the bill ginia Commercial Space Flight Au- ing this impact the Pacific Northwest that we are currently considering and, thority, and the Mid-Atlantic Regional wild salmon. So we need answers in particular, a very worthwhile pro- Spaceport. I have supported the Wal- quickly from the scientific community. gram funded by this bill that I believe lops facilities in Virginia since my We need an action plan immediately. is critical to moving our Nation for- time as Governor, and from my recent And we need to make sure we are for- ward. visits, I can attest that they are mak- mulating a rapid response as to what One very important agency funded by ing tremendous progress in developing to do if we do detect this virus is the fiscal year 2012 Commerce-Justice- their launch infrastructure. Providing spreading, with the potential impact Science bill that has not been getting funding for the CCDEV program at au- we have seen in other areas. much attention in the debate this week thorized levels, as we have done in this I thank my colleagues for making is NASA. Senators NELSON, HUTCHISON, bill, will help us drive competition in sure this amendment was adopted to- ROCKEFELLER, and others worked in- the commercial space industry and will night. I know Senator MURKOWSKI had credibly hard to get a balanced reau- provide opportunities for facilities planned earlier to talk about this. I thorization bill passed last year, and I such as Wallops to further develop want to thank Senator HUTCHISON from commend them for their hard work in their launch infrastructure and provide Texas for helping us move this along in getting it signed into law. One aspect steady, high-wage employment in areas the process. of that bill that I worked particularly that sorely need it. I hope now, as we move this legisla- hard on was ensuring that we are doing Mrs. FEINSTEIN. Mr. President, I tion, we will also get the cooperation what we can to advance NASA’s mis- wish to speak about amendment No. from NOAA and Secretary Lubchenco sion while also promoting the develop- 855, which I filed with Senators and others, and those at NMFS, to ment of the commercial space sector. COBURN, GILLIBRAND, LAUTENBERG, and make sure we are responding very rap- In negotiations on that authorization BROWN. idly to this very serious, what people bill, Senator NELSON and I arrived at This amendment would require the have called the scientific need to get what I believe is a fair compromise Secretary of Agriculture to enforce ad- these questions answered as soon as that will allow us to pursue advances justed gross income limits on farm sub- possible. in the commercial cargo and commer- sidies that were established in the last I thank the Presiding Officer and cial crew fields and harness the innova- farm bill by: yield the floor. tion and cost savings that the private Pursuing thousands of individuals I suggest the absence of a quorum. sector can provide. In a recently re- flagged by the IRS as potentially ille- The PRESIDING OFFICER. The leased study, in fact, NASA estimated gal recipients of farm subsidies; re- clerk will call the roll. that the Falcon 9 launch vehicle being claiming subsidies from millionaires The bill clerk proceeded to call the developed by the private sector com- and other illegal recipients; and audit- roll. pany SpaceX will cost less than half ing subsidy recipients who claim they Mr. REID. Madam President, I ask what it would cost for NASA to develop are in compliance with income limits unanimous consent that the order for the launch vehicle itself. In the current but whose IRS tax returns suggest oth- the quorum call be rescinded. fiscal climate, it is imperative that we erwise. The PRESIDING OFFICER. Without partner with commercial companies to I do not intend to ask for a vote on objection, it is so ordered. pursue the cost-effective innovation this amendment at this time, but I AMENDMENTS NOS. 898, 809, AND 806 that can only be achieved through the would like to explain to my colleagues Mr. REID. Madam President, I ask competition that exists in the private why I am calling upon the USDA to unanimous consent that the following sector. Supporting development of the more vigorously enforce the adjusted amendments, which have been cleared commercial space industry will also gross income limits in law. by the managers of both sides be help create steady, well-paying jobs In the 2008 farm bill, Congress capped agreed to: Rubio, 898; Thune, 809; and and spur economic growth—not only in the income of farm bill subsidy pay- Hutchison, 806. urban tech corridors, but also in more ment recipients at $500,000 for non-farm The PRESIDING OFFICER. Without rural areas where launch facilities are income and $750,000 for farm income. objection, it is so ordered. located such as the Wallops Island fa- The limits were imposed because The amendments (Nos. 898, 809, and cility in my home State of Virginia. there had been increasing concerns 806) were agreed to, as follows: By appropriating funding at the au- that direct payments, countercyclical AMENDMENT NO. 898 thorized level of $500 million for the payments, and marketing loan benefits (Purpose: To require an evaluation of the commercial crew development, CCDEV, had been going to corporate agri- Gulf Coast Claims Facility) program, I believe the fiscal year 2012 culture and millionaires. On page 153, after line 24, add the fol- Commerce-Justice-Science bill honors These subsidy programs are designed lowing: the commitment we made in the au- to provide a safety net to farmers SEC. 218. EVALUATION OF GULF COAST CLAIMS thorization bill to move forward in whose industry suffers from dramatic FACILITY. that field. I commend Senator MIKUL- swings in prices from year to year. The Attorney General shall identify an SKI for her leadership in that regard, Congress intended to prevent individ- independent auditor to evaluate the Gulf and I am excited by the opportunities uals who could provide their own safe- Coast Claims Facility. to come. While NASA develops our ty net from drawing funds they didn’t AMENDMENT NO. 809 next heavy lift vehicle and a host of need from taxpayers. (Purpose: To authorize States to be reim- other important research duties, the The final enacted limits—$500,000 for bursed for expenditures made in reliance of private sector has the capability to non-farm income and $750,000 for farm a grant erroneously awarded pursuant to quickly and cost-effectively deliver ve- income—prevent payments only to sections 4101(c)(4) and 4126 of Public Law 109–59) hicles for our astronauts to access the farmers and absentee farm-owners who International Space Station, ISS, and On page 251, strike line 8 and insert ‘‘agree- are doing extremely well financially. ment, shall not be required to repay grant minimize our dependence on Russia for Less than 2 percent of Americans amounts received in error under such sec- those trips. Given what we will be pay- make this much money in a given year. tions and, in addition, shall be reimbursed ing Russia for those trips to the ISS, And Congress applied the caps flexi- for core or expanded deployment expendi- there is the potential that we can actu- bly.

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00062 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6851 Income can be averaged over a 3-year Vigorous income limit enforcement local criminal justice systems. Though period, standard income tax deductions makes the farm safety net stronger, Congress has the legitimate authority apply, and farmers can deduct their ex- not weaker. It assures that funding is to appropriate funds to examine the penses related to their entire farm op- available for those who need it, even in federal criminal justice system, it does eration. a time of severe cuts. not have the authority to order the Congress gave the U.S. Department Our constituents are suffering same examination at the State and of Agriculture clear direction to inves- through the longest economic down- local level. In my home State of Texas, tigate and enforce the income caps. turn in a generation. And government the State government undertook But the USDA has been very slow to resources to help those truly in need sweeping reforms to its criminal jus- enforce this provision. are dwindling. tice system that will save taxpayers First, USDA did not thoroughly re- And yet despite congressional direc- billions of dollars. While I am proud of view subsidy recipients to prevent ille- tion to conduct audits and oversight of this achievement, I do not believe that gal payments from going out the door fraudulent payments to individuals al- the Federal Government should push in 2009, 2010, or 2011, even though the ready making hundreds of thousands of other States to do the same thing. If farm bill instructed that ‘‘the Sec- dollars per year, the Department of Ag- another State looks at the success of retary shall deny the issuance of appli- riculture has not done enough to en- the Texas reforms, but decides not to cable payments and benefits’’ to farm- sure that our limited resources are enact them, then that is the choice re- ers who fail to certify compliance. being spent wisely. served to them by the United States Second, the USDA has not yet ag- I urge our colleagues to join me in Constitution. Federal taxpayer dollars gressively pursued thousands of pay- speaking out about this issue. I urge should not be used to interfere with ment recipients that the IRS has iden- them to demand that the USDA en- this decision. tified as likely violators. force the law. Given the major concerns I have Third, the USDA has not conducted a We need to send a clear message that noted, it is almost certain that the single audit of a subsidy recipient, even fraudulent claims and subsidies to the money appropriated by this amend- though the farm bill states: rich are unacceptable. ment would amount to little actual The Secretary shall establish statistically Mr. CORNYN. Mr. President, though change in the criminal justice system. valid procedures under which the Secretary In fact, the proposed National Criminal shall conduct targeted audits of such persons I support the goal of sensible reform to the Federal criminal justice system, I Justice Commission, in its current or legal entities as the Secretary determines form, would likely only lead to more are most likely to exceed the opposed the Webb amendment, No. 750, limitations... for several reasons. partisan bickering. Given the financial state of the Nation, I believe that it Finally, USDA has made no attempt First, I am concerned that the Na- would be unwise to spend $5 million on to identify those who lied about or con- tional Criminal Justice Commission a commission whose recommendations cealed their income in order to receive created by this amendment would not will likely be so divisive and controver- subsidy payments. Such an act would be required to adopt unanimous rec- sial that they will never even be acted constitute fraud against the U.S. gov- ommendations. As a result, it is likely that this commission would fracture upon by Congress. ernment. I believe that we should have a seri- USDA has taken the initial step by into partisan camps instead of working ous discussion about the federal crimi- working with the IRS to identify po- toward the types of bipartisan con- nal justice system and reducing out-of- tentially illegal payments in 2009 and sensus recommendations that would control incarceration rates. Unfortu- 2010, and I commend them for this ac- truly help solve the problems facing nately, this amendment would not ad- tion. our justice system. The experience of vance that goal. For this reason, I The preliminary results of their in- the 9/11 Commission is instructive. De- voted against the Webb amendment No. vestigation are staggering: spite the widely divergent policy views 750. The IRS ‘‘flagged’’ 13,000 individuals of the ten 9/11 Commission members, in USDA’s database with tax returns Mr. GRASSLEY. Mr. President, ear- they came together to produce a 567- lier this afternoon we voted on a good that suggest they exceed congression- page report containing 37 recommenda- ally mandated income caps. government proposal that would have tions—without a single voice of dis- improved accountability for taxpayer When USDA reached out to 200 ran- sent. As a result, Congress passed near- domly selected ‘‘flagged’’ individuals, dollars. That amendment focused on ly all of that commission’s rec- grants awarded by the Department of more than 15 percent returned the ommendations within 2 years. I am not money—with no questions asked. Justice. Soon we will be voting to re- confident that a nonunanimous Na- peal another good government meas- Another 30 percent of those con- tional Criminal Justice Commission tacted by USDA didn’t bother to re- ure; that is, the provision to ensure will have the same success. that government contractors pay their spond, suggesting a lack of respect Additionally, I believe the broad ju- among payment recipients for USDA’s taxes by requiring that governments risdiction of the National Criminal withhold 3 percent from payments to enforcement ability. Justice Commission could lead it to ex- This preliminary effort demonstrates contractors as prepayment for their amine highly controversial policy that enforcing this law is both fair and taxes. The provision was enacted in di- areas better left to the elected fiscally responsible. rect response to a series of Government Thousands of recipients could be re- branches of government. This would Accountability Office, or GAO, reports ceiving tens, even hundreds, of millions create an opportunity for certain inter- about Federal contractors not paying of Federal dollars each year, illegally. est groups to pressure the commission their taxes. Wealthy farmers—and absent farm to make divisive recommendations on I have always said that taxpayers owners—are still claiming payments issues such as narcotics legalization should pay what they owe—not a penny from the farm bill’s safety net pro- and the repeal of mandatory minimum more, and not a penny less. And several grams, and the USDA is not doing sentences. While these interest groups GAO reports indicate that information enough to stop them. may believe that their arguments have reporting and upfront withholding sig- Some of my colleagues believe we merit, they should make these argu- nificantly improve compliance. In fact, should wait for the next farm bill to ments to their elected representatives, that is why the Federal Government address this problem. But I doubt they rather than unelected commission withholds taxes from individual pay- recognize that failing to enforce this members. The Congress and the House checks. provision wastes this much money. and Senate Judiciary Committees are Since the provision was enacted, I Furthermore, the next farm bill is the proper venue in which to examine have heard repeatedly about the costs likely to include some form of payment controversial criminal justice policy of implementation. I am disappointed regime, as every farm bill has for more issues. by the misinformation that has been than 50 years. Furthermore, I have strong fed- spread by the various outside groups— It might not be direct payments, but eralism concerns with the commis- just like the ones that lobbied against some form of subsidy payment regime sion’s jurisdiction to make rec- my Justice Department grant amend- is expected to remain. ommendations concerning State and ment today.

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00063 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6852 CONGRESSIONAL RECORD — SENATE October 20, 2011 Specifically, one fictitious estimate small businesses and State and local contractors should not be treated any by an outside group states that the governments would be exempted. How- differently. The country is in the midst cost to implement this provision is $75 ever, that would have likely created of an unprecedented fiscal crisis. Tax billion. There is another made-up esti- even more complexity. increases are off the table so we need mate that it would cost the Depart- Let me just say that, despite the to ensure that we are collecting every ment of Defense $17 billion to imple- rhetoric, large corporations would not dollar that is owed to the Federal Gov- ment this provision. have been impacted in the same way ernment. I have a very long history, over 30 that small businesses would have been. years in the Senate, of doing oversight They, especially defense and Medi- Senator BAUCUS and I continue to of various Federal agencies. I cut my care contractors, are not operating on work on an alternative to 3 percent teeth in oversight by combating waste, a cash flow basis or on profit margins withholding. This alternative would fraud, and abuse at the Defense Depart- of 3 percent. They are just riding the prohibit the Federal Government from ment. I knew both the 75 billion and 17 coattails of small businesses in pushing awarding contracts to tax cheats. billion numbers were bogus the first for repeal of this provision. In order to assist contracting agen- As we proceed to vote on repeal of time I heard them. cies in identifying tax cheats, we would The Congressional Budget Office, or this provision, let me remind my col- enable those agencies to check a con- the CBO, the nonpartisan, objective leagues on both sides of the aisle that tractor’s tax status with the Internal scorekeeper for Congress, has esti- tax cheats are a very real problem. Tax mated the cost of implementation to delinquent contractors continue to be Revenue Service. This new approach the Federal Government, including the awarded Federal contracts, despite the would be much narrower in focus than Defense Department, to be $85 million administration’s efforts to clamp down the 3 percent withholding provision. It over 5 years. on awarding contracts to them. The should only impact the bad actors. Mr. President, I am a firm believer in most recent example is the award of When we have an opportunity to con- reviewing laws that aren’t working. stimulus contracts. sider this provision, I would hope that This provision never even had a chance A GAO report from May of just this my colleagues would support us in en- to work. However, I have heard from year indicated that $24 billion in Fed- acting it. Preventing tax cheating small business owners across Iowa eral contracts were awarded to con- should be a bipartisan issue. about the burdens the withholding pro- tractors who owed more than $750 mil- I ask unanimous consent that the vision would impose on them, particu- lion of back taxes. This is not chump CBO estimate be printed in the larly with the economy still being in change. RECORD. the dumps. In the past year or so, Members of For that reason, I support repealing the House and Senate have supported There being no objection, the mate- this provision. My preference would measures to ensure that Federal em- rial was ordered to be printed in the have been to fix the provision so that ployees pay their taxes. Well, Federal RECORD, as follows: PRELIMINARY ESTIMATE—CHANGE IN AMOUNTS SUBJECT TO APPROPRIATION ARISING FROM SECTION 511 OF THE TAX INCREASE PREVENTION AND RECONCILIATION ACT OF 2005 [In millions of dollars by fiscal year]

2012 2013 2014 2015 2016 Total

Federal Implementation Costs: Nonrecurring ...... 35 0 0 0 0 35 Recurring ...... 10 10 10 10 10 50 Total ...... 45 10 10 10 10 85 Costs to Federal Contractors: Nonrecurring a ...... 7,500 400 400 400 400 9,100 Recurring b. Financing ...... 550 550 550 550 550 2,750 Reporting ...... 100 100 100 100 100 500 Total ...... 8,150 1,050 1,050 1,050 1,050 12,350 Total Costs ...... 8,195 1,060 1,060 1,060 1,060 12,435 Sources: Congressional Budget Office, Department of Defense, Federal Procurement Data System. a. Implementation costs of federal contractors are not directly billable to federal agencies. CBO expects that such costs will eventually be passed on to federal agencies in the form of higher prices for goods and services, although not necessarily in the same year that those costs are incurred. b. Ongoing implementation costs arise from regular turnover of federal contractors. New vendors will need to modify their accounting systems to provide goods and services to federal agencies.

Ms. MIKULSKI. Mr. President, I wish workforce capacity to prevent deadly dietary supplements, healthy eating in- to thank Chairman KOHL and Senator outbreaks. formation, and medical referrals. BLUNT for their hard work on this bill. Employees at the FDA are on the This bill is also very important to They had to make tough choices be- front lines every day to stop food safe- Maryland. It supports the hard-work- cause of their tight allocation. I com- ty outbreaks in their tracks and get ing Federal employees at FDA and the mend them for the choices they made unsafe foods off of supermarket Beltsville Agricultural Research Cen- and agree with them. They have my shelves. We rely on the FDA more than ter. Headquartered in Silver Spring, full support for this bill. ever to make sure the drugs and med- MD, FDA employs 9,400 people, while I especially want to thank them for ical devices we depend upon are safe BARC, located in Beltsville, MD, em- increasing the Food and Drug Adminis- and effective. ploys 975 Federal employees, including tration’s budget. They provided $2.5 I have been a longtime fighter for the 250 scientists. BARC is the flagship billion which is $50 million over this FDA. I have fought for years for the campus of the Agricultural Research year’s funding level. Twenty-five cents Service. It conducts cutting-edge re- for every dollar spent by consumers is right facilities and the right resources. search to develop and transfer solu- for FDA-regulated products, over $1 I will continue to fight for these hard- trillion worth of goods bought each working employees. This increase will tions to our Nation’s most pressing ag- year. help the FDA continue to be the gold ricultural problems. This research is This funding increase will strengthen standard in upholding drug, device, impacting not just farmers but every our food safety infrastructure so that cosmetic, and food safety. American as it relates to food safety, the FDA can meet its increased respon- They also make nutrition assistance nutrition, and obesity. They keep sibilities. It gives the FDA new defense programs a priority, which is so impor- BARC funded at existing funding levels capabilities to hold imported and do- tant in these difficult economic times. and protect these jobs. mestic foods to the same standards. It For Women, Infants and Children, they They also provide $16.5 million for also will help Federal, State, and local provide $6.6 billion. This funding level farmers market nutrition programs. officials prevent and more efficiently will meet the needs of low-income This program gives WIC recipients detect food safety problems. Finally, it pregnant women, infants, and children vouchers to use at farmers markets increases the FDA and State and local under 5 by providing nutritious foods, and roadside stands to buy locally

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00064 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6853 grown fruits and vegetables. This pro- ery bill. This competitive grant pro- going to take some time. This appro- gram helps low-income women and gram funds road, rail, transit, and port priations bill is a jobs bill we can pass children as well as our local farmers. In projects. now to get Americans back to work in 2009, Maryland distributed $403,000 This bill provides nearly $16 billion the near term. vouchers to 42,000 WIC clients. This for the Federal Aviation Administra- Mr. CONRAD. Mr. President, I pre- also helped 260 Maryland farmers sell tion, the current year funding level. viously filed committee allocations their crops. This funding supports our air traffic and budgetary aggregates pursuant to In addition, Maryland is home to two controllers, air safety personnel, and section 106 of the Budget Control Act land grant institutions: University of construction jobs at our airports. of 2011. I am further adjusting some of Maryland at College Park and Univer- This bill also provides funding to those levels, specifically the allocation sity of Maryland Eastern Shore. They maintain the Maritime Security Pro- to the Committee on Appropriations rejected the House cuts to land grant gram. This program maintains 60 U.S. for fiscal year 2012 and the budgetary university research and extension pro- flagships, crewed by U.S. citizens, to aggregates for fiscal year 2012. grams and keep them in good standing. service both commercial and national Section 101 of the Budget Control Act These programs support food and agri- security needs. allows for various adjustments to the culture research, provide peer-re- This bill provides $120 million for statutory limits on discretionary viewed, competitively awarded grants, Choice Neighborhoods. Choice Neigh- spending, while section 106(d) allows help attract top-notch scientists, fund borhoods uses the lessons of HOPE VI. the chairman of the Budget Committee youth programs, including 4–H, and It builds upon them to reach more to make revisions to allocations, ag- reach out and solve community needs communities and turn ZIP Codes of gregates, and levels consistent with poverty into healthy, vibrant commu- for small farmers and business owners. those adjustments. Senator LAUTEN- nities. Maryland’s No. 1 industry is agri- BERG has offered Senate amendment culture. We have both the traditional It also provides much-needed funding No. 836 to the appropriations bill for industry sectors and nontraditional: for veterans’ housing, a total of $75 Agriculture, Rural Development, Food everything from poultry, to dairy to million, to get them the housing help and Drug Administration, and related organic farms and vineyards and a spe- they need. Our Nation owes our vets a agencies. That amendment includes cialty nursery industry. This bill sup- debt of gratitude, and I will keep fight- $365 million in 2012 funding that is des- ports these farmers and small business ing to show that gratitude not just ignated for disaster relief pursuant to owners, but it also supports all Ameri- with words, but with deeds. the Budget Control Act of 2011. CBO es- For Maryland, this bill guarantees cans by protecting our public health timates that budget authority would $750 million in Federal transportation and safety when it comes to our food result in $18 million in outlays in 2012. supply, drugs, and medical devices. formula funding. Within this amount, In addition, Senator GILLIBRAND has Mr. President, I also wish to thank Maryland receives $600 million for offered Senate amendment No. 869 to Chairman MURRAY and Senator COL- highways and $150 million for transit. the Agriculture appropriations bill. LINS for their hard work on this bill. I It also supports 9,750 jobs. About half of That amendment includes $110 million say to the Senators, you worked to- Maryland’s highway and transit capital in 2012 funding that is designated for gether in a bipartisan way and with projects are funded with these Federal disaster relief pursuant to the Budget collegiality. You had a tight allocation dollars. Control Act of 2011. CBO estimates that and had to make tough choices. But In addition, this bill funds Metro budget authority would result in $44 you did an outstanding job, and you here in our Nation’s capital, providing million in outlays in 2012. have my full support for this bill. $150 million for safety improvements, I support this bill because it is a jobs including new rail cars, track, and sig- Therefore, in total, I am revising the bill. It provides formula funding to the nal upgrades. It also guarantees Met- allocation to the Committee on Appro- States for our highways, byways, and ro’s $228 million in Federal formula priations and to the budgetary aggre- subways. According to the U.S. Depart- funding for capital improvements. This gates by $475 million in budget author- ment of Transportation, every $1 mil- funding combined supports nearly 5,000 ity and $62 million in outlays. lion spent on transportation creates 13 public and private sector jobs. I ask unanimous consent that the fol- jobs. Infrastructure and housing invest- lowing tables detailing the changes to This bill will hire the construction ments are vital to sustain economic the allocation to the Committee on Ap- workers and engineers to widen our growth and create jobs. I support Sen- propriations and the budgetary aggre- highways and build new bridges. The ate action on multiyear transportation gates be printed in the RECORD. bill also provides $550 million for and aviation authorization bills and in- There being no objection, the mate- TIGER Grants, the discretionary grant frastructure bank legislation. But rial was ordered to be printed in the program begun in the economic recov- agreement and passage of these bills is RECORD, as follows: DETAIL ON ADJUSTMENTS TO FISCAL YEAR 2012 ALLOCATIONS TO COMMITTEE ON APPROPRIATIONS PURSUANT TO SECTION 106 OF THE BUDGET CONTROL ACT OF 2011

Overseas con- $s in billions Program integ- Disaster relief Emergency tingency oper- Total rity ations

Amendments—Lautenberg SA 836 & Gillibrand SA 869: Budget Authority ...... 0.000 0.475 0.000 0.000 0.475 Outlays ...... 0.000 0.062 0.000 0.000 0.062 Memorandum 1: Breakdown of Above Adjustments by Category: Security Budget Authority ...... 0.000 0.000 0.000 0.000 0.000 Nonsecurity Budget Authority ...... 0.000 0.475 0.000 0.000 0.475 General Purpose Outlays ...... 0.000 0.062 0.000 0.000 0.062 Memorandum 2: Cumulative Adjustments (Includes Previously Filed Adjustments): Budget Authority ...... 0.893 8.588 0.000 126.544 136.025 Outlays ...... 0.774 1.669 ¥0.007 63.568 66.004

MORNING BUSINESS THE DEPARTURE OF LISA WOLSKI Finance Committee, and then moved to the whip office in late 2007. Mr. REID. Madam President, I ask Mr. KYL. Mr. President, it has been unanimous consent that the Senate said no one is indispensable and that We refer to people around here as staffers. She is more than that. That proceed to a period of morning busi- may be true, but next week we will test name doesn’t begin to encapsulate ness, with Senators permitted to speak that theory after the departure of my what we think of those people who therein for up to 10 minutes each. chief of staff, Lisa Wolski. Lisa has work with us every day and provide us The PRESIDING OFFICER. Without been on my whip staff since January of with all the things we need to try to be objection, it is so ordered. 2003. She started as tax counsel in my successful. That certainly is Lisa personal office, because I serve on the Wolski. She is and always has been one

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00065 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6854 CONGRESSIONAL RECORD — SENATE October 20, 2011 of my most trusted advisers. She is the Ed began his photo-journalism career Ashland Daily Independent high- gold standard of expertise and profes- as an intern with the Cincinnati lighting Ed’s life and achievements be sionalism. Everything I have asked her Enquirer in 1972. Ed worked as a full- printed in the RECORD. to do she has done and done well. More time staffer until 1979 when he left to There being no objection, the article important, she brings to me the things work for the Associated Press in Cin- was ordered to be printed in the she thinks I should be thinking about, cinnati. Ed also spent several years in RECORD as follows: and more often than not that is exactly the Washington, DC, bureau and on Au- [The Daily Independent, Oct. 19, 2011] what I end up doing. She knows what gust 31, 1987, he came to Louisville, A GREAT ONE PASSES she is talking about. She knows what I where he became the Associated (By John Flavell) want and what I need. Press’s first staff photographer in Ken- Chances are you don’t know the name Ed Those who work with her know she is tucky in 25 years. Reinke, but you’ve seen his work grace this smart, she is articulate, and through During his 25-plus-year career, Ed newspaper for decades as a venerated photo- her mastery of complex policies and built an impressive network of Ken- journalist with the Associated Press. He political savvy, she has accomplished tucky AP-member photographers who passed away early Wednesday morning after great things in my whip office during encourage and help each other to this suffering a brain injury at Sparta Racetrack the time I have been whip. day by contributing pictures that can two weeks ago. I cannot tell you the number of peo- be shared among all AP-member news- Ed taught the lesson that good photog- raphers make themselves better by making ple who have told me, over the last sev- papers. ‘‘He was the hub of a very pictures that mattered over long period of eral weeks since they learned she is close-knit community,’’ said John time. Within that wisdom is his credo: ‘‘You going to be departing, how much they Flavell, Ed’s personal friend of 25 years don’t just take pictures, you make good pic- will miss working with her. and photo editor at the Daily Inde- tures.’’ All within the confines of journalism Other than her extraordinary com- pendent in Ashland, KY. ethics. petence and work ethic, one of the Ed was driven by the philosophy that Even though he covered great events like many reasons I will miss her is be- good photographers make themselves the Olympic Games, World Series, and Super cause, as I said, I think she and I think better by making pictures that Bowls, Ed could quickly find the quiet dig- nity in tobacco farmers, racetrack workers, alike. That is not because she accom- mattered over long periods of time. He and short-order cooks. modated her views to mine but because spent each day attempting to fulfill his Ed was a great teacher. A college student she came to her views separately, from motto: ‘‘You don’t just take pictures, approached Ed and wanted to know why she a basis of understanding and reason you make good pictures.’’ And Ed did couldn’t get the nice close-ups with her nor- and experience and knowledge and it just that. mal lens, pointing to his long glass. He told happens our views generally coincide. He was often selected for special her she was lucky, with her short lens she That is a happy coincidence for Mem- events around the world such as Super could get really close to her subject, saying, ber and staff, and in my case to have a Bowls, World Series championships, ‘‘The rest of us don’t remember how to do that.’’ chief of staff who shares those views Final Four tournaments, Summer and And to see him work was like watching a with me has made my job much easier Winter Olympics, Masters and PGA master’s class in photo-journalism far be- and it makes work much more com- Championships, President Bill Clin- yond the classroom or textbook. During a fortable, to be able to work in great ton’s first inauguration, and Hurricane break one Derby Week morning at Churchill harmony with someone on whom you Andrew. In Kentucky, Ed was the Asso- Downs, Ed struck up a long conversation rely. ciated Press’s lead photographer for al- with an elderly African-American gentleman She instinctively knows what I will most every major event in my State’s who wiped dew off the seats around the pad- think about a particular issue and she modern history, including the 2006 dock. After the conversation, Ed said, ‘‘makes me wish I worked for NPR.’’ The has always been there with good coun- crash—of Comair Flight 5191, the 1988 photo he filed of the worker put the guy in sel and advice. Carrolton bus crash the Nation’s dead- exactly the dignified light Ed brought out in I wish to conclude by saying Lisa liest drunk-driving accident—and the the conversation. Wolski leaves behind a great example Kentucky Derby every year since 1988. I repeated that story to Ed last year after for all the other staff people who work In stark contrast to covering these he asked about audio recordings I made for here, as well as the legacy of achieve- somber and significant events, Ed had slideshows. He wanted to know why so much ment and professionalism. I know she also had the remarkable ability to find effort went into the audio track and I re- will be a great success in her new job— the ‘‘quiet dignity’’ in tobacco farmers, minded him of his paddock conversation and the influence it had on me. He was genuinely she doesn’t need good luck. Her new racetrack workers, and short-order touched. And I was touched when he once employer will be very fortunate to cooks. Ed was a man of passion and drove from Louisville to Morehead to see a have her wise counsel—undoubtedly compassion, and his life revolved show I had at Morehead State University, more than they even know at this around his commitment to his family where we had the gallery to ourselves. He point. But I do know in the Senate we and his work. ‘‘His family was most looked at the seemingly endless row of im- are going to miss Lisa Wolski very important to him and he wasn’t shy ages and said, ‘‘You probably should have much. about telling it to those who under- edited tighter, but I’m glad you didn’t. We stood,’’ said Flavell. ‘‘It was his family should talk about these.’’ It was a nice after- f noon. that made him.’’ TRIBUTE TO EDWARD J. REINKE That’s the way our relationship grew over ‘‘There’s a big black hole in my soul the 25 or so years. Conversations were long Mr. MCCONNELL. Mr. President, and at the center of the photo-jour- in-between, but lasted long as we caught up today I wish to pay tribute and respect nalism universe with Ed Reinke gone, with the professional and personal sides of to an accomplished Kentuckian and but it’s his influence that will shine our lives. We started with the utmost respect photo-journalist, Mr. Edward Reinke of the brightest,’’ Flavell says in remem- for our ingrained craft and took it to the the Associated Press. Mr. Reinke trag- brance of his friend. personal level as we learned—through matu- ically passed away on October 18 after Mr. President, I would ask my Senate rity—that our photography was made by an accident several days earlier while colleagues to join me in extending my what we are. As Ed’s family grew, so did Ed. We rarely he was covering the IndyCar race at greatest condolences to Mr. Reinke’s see a man of his stature in photo-journalism Kentucky Speedway in Sparta, KY. He mother, Margaret L. Harmon Reinke, stop in the middle of talking shop to talk was 60 years old. his wife, Tori, and his two sons, Wilson about his wife and sons. When they hurt, it Ed Reinke was a mentor to countless and Graham, for their loss. Edward J. showed in his voice and mannerisms. Most of photographers throughout his illus- Reinke was a true inspiration to the the time, though, times were good and his trious career and leaves behind him a people of our great Commonwealth, eyes would light up. His family was most im- legacy in the photo-journalism indus- and photo-journalists throughout Ken- portant and he wasn’t shy about telling it to try that is admired and respected tucky and the rest of the world owe those who understood it was his family that made him. throughout the world. him a debt of gratitude for the work When Ed and I last spoke, he called to ask Edward J. Reinke was born and and legacy he leaves behind. if I would be attending a reunion at our alma raised in Howard County, Indiana, and Mr. President, I ask unanimous con- mater, Indiana University’s School of Jour- was a graduate of the University of IN. sent that an article appearing in the nalism. We both had other commitments

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00066 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6855 that weekend, and the conversation settled erally trillions of dollars to the U.S. Virginia; The Unitarian Church of Lin- into a former teacher there. Although we at- economy during their working lives. coln, Nebraska; Galloway Memorial tended the school at different times, we had These young people have overcome Episcopal Church in Elkin, North Caro- similar stories about the Pulitzer nominee, great obstacles to succeed. They are lina; Grace United Methodist Church in who had photographed the desegregation clashes in Arkansas. After the obligatory valedictorians, star athletes, honor roll Missoula, Montana; Trinity Episcopal words of praise for our mentor, we went di- students, and R.O.T.C. leaders. Now Church in Winner, South Dakota; The rectly to the obligatory stories about him they want to give back to their coun- Texas Catholic Conference of Bishops; that made us laugh the most. try. The DREAM Act would give them The Florida Catholic Conference of Probably what I’ll miss the most are those that chance. Bishops; and many Catholic dioceses. phone calls out of nowhere that started with For the last 10 years I have been In Tucson, AZ, the DREAM Sabbath the words, ‘‘I sure enjoyed that picture you working on the DREAM Act, there has was recognized at the National His- made.’’ When I told Ed I’d miss the reunion been one constant: strong support from panic Evangelical Immigration Sum- because I was taking a 45 field camera to the coast, he said, ‘‘I’d sure like to see those.’’ It the faith community. The DREAM Act mit, a gathering of 1,200 Evangelical rarely mattered what the pictures were is supported by almost every religious ministers. This summit was convened about, we had reached a point when we knew group you can imagine: Catholic, Meth- by Reverend Sam Rodriguez and the the pictures were about us. I’ll miss that. odist, Episcopal, Lutheran, and Evan- National Hispanic Christian Leadership There’s a big black hole in my soul and at gelical Christians; Orthodox, Conserv- Conference. In my home State of Illi- the center of the photo-journalism universe ative, and Reform Jews; and Muslims, nois, I observed the DREAM Sabbath with Ed Reinke gone, but it’s his influence Hindus, and Sikhs. at, among other places, Anshe Sholom that will shine the brightest. The faith community supports the B’nai Israel Congregation. MORE ON REINKE DREAM Act because it is based on a I worked with a remarkable team of Ed used to wear a bright red jacket, which fundamental moral principle that is leaders to put the DREAM Sabbath to- is how people could quickly find him. Early shared by every religious tradition—it gether. This team was led by Bill one morning at Churchill Downs, Ed spotted is wrong to punish children for the ac- a former Kentucky Derby winner on the Mefford, director of civil and human track on a workout. He took off the jacket, tions of their parents. rights at the United Methodist Church; stuffed it in his camera bag, and snuck away These students were brought to this Jen Smyers, associate director of im- from the crowd. A couple of us watched as he country as children. They grew up here migration and refugee policy at Church stalked the backside to wait for the horse to pledging allegiance to the American World Service; and Liza Lieberman, come back around. Ed wasn’t particularly flag and singing the only national an- grassroots policy associate at the He- competitive, but he didn’t like finding a sit- them they have ever known. They are brew Immigrant Aid Society. I thank uation only to have another photographer American in their hearts and they them, and the Interfaith Immigration crash in. should not be punished for their par- The Kentucky Derby brings in photog- Coalition, for their leadership. raphers from all over the world. During an ents’ decision to bring them here. I would also like to thank the fol- early morning meeting of photographers, Ed During the past two months, people lowing individuals for their tremen- spotted a well-known group standing to- of faith all across this country have dous efforts in ensuring that the gether. ‘‘There isn’t many people I really dis- been showing their support for the DREAM Sabbath was observed in near- like at the Kentucky Derby, but they’re all DREAM Act by observing the first-ever ly every State in this country: standing right there.’’ ‘‘DREAM Sabbath.’’ Kevin Appleby and Antonio Cube, During a conversation at a recent Ken- During the DREAM Sabbath, at U.S. Conference of Catholic Bishops; tucky Legislative session, I commented to churches, synagogues, mosques, and Nora Skelly, Lutheran Immigration Ed his pictures were getting better with age. After the obligatory expletive, which is what temples around the country, Ameri- and Refugee Service; Patrick Carolan, I was after, he said, ‘‘Well, if it has my name cans of many religious backgrounds Franciscan Action Network; Tammy on it, I’m going to keep trying.’’ have been offering prayers for the im- Alexander, Mennonite Central Com- Ed liked using a Wild West vocabulary. migrant students who would be eligible mittee; Larry Couch, National Advo- The cameras were his shootin’ irons. Film for the DREAM Act. At many of these cacy Center of the Sisters of the Good rolls and the cards that came later were his events, these DREAM Act students Shepherd; Sr. Mary Ellen Lacy, NET- bullets or ammo. have told their stories. WORK: A Catholic Social Justice Whenever asked if he got a dunk at a bas- In all, there have been more than 400 ketball game, Ed would point to the stands Lobby; Regina McKillip, Sisters of and reply, ‘‘Nah, but you see that guy up DREAM Sabbath events in 44 States. Mercy of the Americas; Kat Liu, Uni- there in the stands with the white shirt? In June, when I announced the tarian Universalist Association; Robert Tack sharp!’’ DREAM Sabbath, I was joined by reli- Gittelson, Conservatives for Com- f gious leaders from a great variety of prehensive Immigration Reform; Jenny faith traditions, including: Cardinal Yang, World Relief; and Ana White, DREAM SABBATH Theodore McCarrick; Bishop Minerva Episcopal Church. Mr. DURBIN. Mr. President, 10 years Carcan˜ o of the United Methodist I would like to offer special thanks to ago I introduced the DREAM Act legis- Church; Reverend Samuel Rodriguez of Diana Villa, from United We Dream, lation that would allow a select group the National Hispanic Christian Lead- for working to make sure that DREAM of immigrant students with great po- ership Conference; Reverend Derrick Act students could attend many of tential to contribute more fully to Harkins of the National Association of these DREAM Sabbath events and America. Evangelicals; Bishop Richard Graham share their moving stories. The DREAM Act would give these of the Evangelical Lutheran Church in Finally, I would like to thank all of students a chance to earn legal status America; Bishop David Jones of the the Dreamers, as DREAM Act students if they: came to the United States as Episcopal Church; Rabbi Lisa call themselves, for having the courage children; are long-term U.S. residents; Grushcow; Imam Mohamed Magid of and persistence to continue the fight have good moral character; graduate the Islamic Society of North America; for the DREAM Act. from high school; and complete 2 years Sister Simone Cambell, Executive Di- If anyone is interested in becoming of college or military service in good rector of NETWORK; Rabbi Doug Hei- part of this important national move- standing. fetz; Dr. Fred Kniss, Provost of Eastern ment, they can visit The DREAM Act would make Amer- Mennonite University; and Father www.dreamsabbath.org or call my of- ica a stronger country by giving these Jacek Orzechowski, Franciscan Friar, fice at 202–224–2152. talented immigrants the chance to the Holy Name Province. The DREAM Sabbath is putting a serve in our military and contribute to The DREAM Sabbath events reflect human face on the plight of undocu- our economy. Tens of thousands of this great religious diversity. To give a mented students who grew up in this highly qualified, well-educated young few examples of the congregations who country and will help build support for people would enlist in the Armed observed the DREAM Sabbath: The passage of the DREAM Act. Again, I Forces if the DREAM Act becomes law. First Presbyterian Church of Chey- thank all those who worked so hard to And studies have found that DREAM enne, Wyoming; The Central United make DREAM Sabbath a reality. Be- Act participants would contribute lit- Methodist Church in Fairmont, West cause of these leaders, DREAM Act

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00067 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6856 CONGRESSIONAL RECORD — SENATE October 20, 2011 students remain in the prayers of the life of a contractual arrangement; and tions to clarify interpretations of the many thousands of Americans who whether a live poultry dealer or swine Packers and Stockyards Act in order have attended DREAM Sabbath events. contractor has provided a reasonable to ensure that it is properly carried f period of time for a swine or poultry out. This authority of a department or contract grower to remedy a breach or agency to issue regulations that will LIVESTOCK COMPETITION RULE failure to perform in order to avoid ter- clarify the interpretation of a statute Mr. HARKIN. Mr. President, through- mination of the contract. within its purview is fully supported by out the decades since the Packers and In accordance with the farm bill, the basic principles of administrative law Stockyards Act was enacted in 1921, Department of Agriculture issued a established in the decisions of the Su- livestock and poultry producers and proposed rule on June 22, 2010, and kept preme Court and other Federal courts. growers have depended upon the U.S. the public comment period open until Claims that in some way the proposed Department of Agriculture to enforce November 22, 2010. Some 61,000 com- rule exceeds the authority of the De- basic rules of honest dealing, fairness, ments were submitted, which the de- partment of Agriculture are plainly un- and nondiscriminatory treatment when partment has been reviewing and re- founded. livestock and poultry growers and pro- sponding to in the process of devel- As for the details of the proposed ducers engage in sales and contractual oping a final rule. The proposed rule is rule, it is not designed or intended to transactions with meat and poultry not perfect, of course. That is why put an end to systems in which packers packers, processors, and dealers. there is a public comment process so pay premiums for higher quality or dis- The underlying justification for the that anyone who is interested can com- tinctive livestock, for example, ‘‘Cer- Packers and Stockyards Act, and the ment and make recommendations. Sec- tified Angus’’ beef, or assess a discount regulations that have been issued to retary of Agriculture Vilsack has made if animals fail to meet standards. The carry it out, is basic and straight- it very clear that the comments were proposed rule is quite clear that it is forward. There is inherently a substan- being carefully reviewed so that the not designed to prohibit premiums and tial inequality in bargaining power and proposed rule can be appropriately price differentials that are based on the economic leverage between the indi- modified and improved in response to quality of the livestock or poultry or vidual producer or grower of hogs, or the comments. similar features or circumstances. Be- cattle, or poultry, on the one hand, and Contrary to some of the arguments cause there is a valid economic jus- the packing or processing company on that are being made, the topics and tification for quality-based premiums the other hand. That is not to accuse subject matter covered in the proposed and discounts, they are not prohibited or disparage the packers and proc- rule, and which therefore likely would by the Packers and Stockyards Act. essors, but simply to recognize the in- be encompassed in the final rule, are Accordingly, the proposed rule is clear herent disparities in economic power in entirely consistent with the rule- that such quality-based premiums or the real world. It is accordingly only making process that the 2008 farm bill discounts are entirely valid and won’t reasonable to have some basic Federal directed the Secretary of Agriculture be prohibited or jeopardized by the final rule. It just stands to reason, that rules of the road, so to speak, because to conduct and with the authority pro- since there is now obviously economic livestock and poultry production and vided by the Packers and Stockyards justification and reward to packers as processing is a national industry of Act. It is not at all correct to assert well as producers for these systems of huge importance to our country and its that the Department of Agriculture quality-based premiums and discounts, economy. has exceeded its authority or in some there will still be incentives and moti- For many years we have heard re- manner or contradicted the farm bill’s vation to keep them in place after the peated testimony before Congress that directive to issue regulations on speci- the Packers and Stockyards Act is not final rule is issued. fied matter. Finally, regarding the claims that being carried out by the Department of It is true the proposed rule would do the proposed rule will be very costly Agriculture, specifically by the Grain more to interpret and clarify terms in and eliminate jobs, the short answer is Inspection, Packers and Stockyards the Packers and Stockyards Act than that these studies, as I understand Administration, in a manner that fully is specifically required in the farm bill. them, are founded on basic misreading and effectively lives up to the language Most important, the proposed rule and mischaracterization of the terms of the statute, its intent, and purposes. would clarify what many believe to be and intent of the proposed rule and For that reason, in crafting the Food, a misinterpretation of the act by some upon misguided and exaggerated pre- Conservation, and Energy Act of 2008, courts that have held that an indi- dictions of the effects of carrying it as chairman of the Committee on Agri- vidual grower or producer cannot suc- out. They are undoubtedly very ex- culture, Nutrition, and Forestry, I was ceed on a claim for harm suffered from treme predictions of the effects of a proud to work with my colleagues in a violation of the act without an addi- rule that is designed and intended, fun- the committee and with our counter- tional showing of harm to competition damentally, to do no more than simply parts in the House of Representatives in the broader market. The effect of to ensure fair and nondiscriminatory to include language directing the Sec- these holdings is effectively to deny re- treatment of livestock and poultry pro- retary of Agriculture to issue new reg- lief to independent producers and grow- ducers and growers in the market. ulations under the Packers and Stock- ers for harm caused by unjust, dis- This rule is vitally important to pro- yards Act that would clarify criteria criminatory, or unfair practices, which ducers and growers across our country. and interpretations for carrying out are clearly in violation of the act’s pro- We should not in legislation prevent and enforcing the act. These new regu- tections, unless they can show the the Department of Agriculture from lations are required to establish cri- broader injury to competition. That going ahead to make improvements teria that the Department of Agri- showing of injury to competition in the and modifications and issue a final rule culture will use in determining wheth- broader market is usually very hard or that is greatly needed to enhance the er the actions of a packer or processor impossible to make. What is lost in effectiveness of the Packers and Stock- constitute an undue or unreasonable these decisions is that the Packers and yards Act. preference or advantage for one or Stockyards Act was written and in- Mr. JOHNSON of South Dakota. Mr. more producers or growers to the dis- tended to provide protection to indi- President, today I rise to reiterate and advantage of others, in violation of the vidual producers and growers against again offer my full support of the act; whether a live poultry dealer has harm from unfair, unjustly discrimina- United States Department of Agri- provided reasonable notice for sus- tory, or deceptive practices and similar culture Grain Inspection, Packers, and pending the delivery of birds to a grow- actions by packers, processors, and Stockyards Administration’s, GIPSA, er under a poultry growing contract; dealers. The act was not written or in- authority to continue promulgating its under what circumstances it would be tended to require that harm to com- proposed rule concerning livestock an unfair practice in violation of the petition in the broader market must be competition. There have been some act for a packer or processor to require shown in order to establish a violation. comments made with concern about a swine or poultry grower to make ad- The Department of Agriculture clear- both the substance of GIPSA’s pro- ditional capital investments during the ly has the authority to issue regula- posed rule as well as the authority of

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I would like to re- tion, and the South Dakota able preference or advantage. spond to some of those concerns and to Stockgrowers Association, was re- These are all terms used in the existing statute to prevent unfair trade practices, but discuss the critical importance of the cently sent to Congress outlining the these broad terms have never been defined in protections afforded under the pro- important protections provided for in regulations. posed rule. the proposed rule and urging Congress Clarifying the ambiguity in interpretation The 2008 Farm Bill, more formally to allow the rulemaking process to of the terms of the Packers & Stockyards known as the Food, Conservation, and continue. I ask unanimous consent Act. Such ambiguity can lead to litigation as Energy Act of 2008, was enacted by that the letter be printed in the farmers and packers attempt to clarify the intent of the Act. Moreover, added clarity overwhelming majorities in both the RECORD. Fortunately, the Senate House of Representatives and the Sen- would enable the agency to address unfair version does not contain this provision. trade practices, which likely would further ate with amendments to the Packers As the appropriations process con- reduce litigation. and Stockyards Act of 1921 as well as tinues, I will work to defend GIPSA’s Expressly ensuring that meatpackers can directions to USDA to conduct rule- ability to continue the rulemaking pay premium prices for premium livestock, making with respect to additional process, and I urge my colleagues to do but prohibit companies from unfairly offer- issues relating to implementation and the same. ing select producers sweetheart deals but enforcement. As a result of this rule- There being no objection, the mate- paying other producers less for the same making authority, as well as given the quality, number, kind and delivery of live- rial was ordered to be printed in the stock. authorities permitted explicitly in the RECORD, as follows: Recordkeeping requirements that would Packers and Stockyards Act, GIPSA in AUGUST 3, 2011. enable regulators to identify unfair trade 2010 issued a proposed rule that would U.S. SENATE, practices while ensuring that livestock pro- provide a variety of new protections for Washington, DC. ducers and companies can offer justified pre- livestock producers. Among these pro- DEAR SENATOR: In the 2008 Farm Bill, Con- miums or discounts. tections would be to further define gress directed USDA to propose rules to ad- Unfortunately, under pressure from dress unfair, deceptive and anti-competitive practices that are unfair, unjustly dis- meatpackers and poultry companies, the trade practices that have become rampant in House approved a legislative rider in its FY criminatory or deceptive, establish new the livestock and poultry sectors. Congress 2012 Agriculture Appropriations bill that protections for producers required to included these provisions to address concerns would prevent USDA from taking any fur- provide expensive capital upgrades to over the increasingly abusive and anti-com- ther action on this regulation. The provision their growing facilities, prohibit pack- petitive trade practices employed by would even prohibit USDA from analyzing ers from purchasing, acquiring or re- meatpacker and poultry companies that the 66,000 public comments received on the ceiving livestock from other packers, have harmed farmers, ranchers, growers and proposed rule and from completing an eco- and bar them from communicating consumers. Meatpacker and poultry compa- nomic analysis of the rule. The meatpackers nies opposed these provisions in the Senate, prices to competitors, as well as in- and poultry companies oppose the sensible but compromise language was included in transparency and disclosure provisions of the cluding arbitration provisions that the final Farm Bill requiring USDA to use proposed rule that would shine sunlight onto give contract growers opportunities to their existing authority under the 1921 Pack- their unfair practices. The two largest gen- participate in meaningful arbitration. ers & Stockyard Act to take action. eral farm organizations in the United The Department has not yet published USDA’s Grain Inspection, Packers and States—the American Farm Bureau Federa- a final rule. Stockyards Administration (GIPSA) issued a tion and the National Farmers Union—have In August 2010, I joined with Senator proposed rule in June 2010. USDA received joined with over 140 farmers, consumer and HARKIN in leading a bipartisan letter more than 66,000 public comments on the community groups across the nation to op- with 19 of our Senate colleagues to proposed rule, most of which were sup- pose this rider. portive. The same meatpacker and poultry The 190 undersigned groups urge you to USDA Secretary Tom Vilsack that re- companies that opposed the strong farmer stand with our nation’s farmers, ranchers, iterated our belief that GIPSA has the and rancher protection provisions in the 2008 growers and consumers to oppose the authority to promulgate such rules as Farm Bill are now fighting the regulations meatpacker and poultry special interest ef- is consistent with its responsibilities to implement those provisions. These special forts to insulate themselves from federal under the Packers and Stockyards Act interests, joined by purported farm groups scrutiny of their anti-competitive behavior and that the rules should and will that have meatpackers entrenched on their and unfair treatment of farmers and ranch- allow for continued marketing oppor- boards, have launched a misleading public ers. Congress should allow USDA to move tunities including pricing premiums relations campaign that distorts the provi- forward expeditiously to implement a final sions of the proposed rule. rule that will strengthen and clarify the and contracting. The proposed rule includes many common- Packers & Stockyards Act with common- I am fully supportive of the proposed sense measures that protect farmers, grow- sense protections for farmers and ranchers. rule as I have consistently supported ers and ranchers from abusive and unfair 8th Day Center for Justice (IL), Adams efforts to strengthen our anti-trust and treatment at the hands of the meatpackers County North Dakota Farmers Union, Added competition laws. Independent farmers and poultry companies. These safeguards in- Value (NY), Alabama Contract Poultry and ranchers must have an opportunity clude: Growers Association, Alliance for a Sustain- to leverage a decent price for their Prohibitions against company retaliation able Future (PA), Ambler Environmental Ad- products. Market consolidation has against farmers for speaking out about prob- visory Council (PA), American Agriculture Movement, American Federation of Govern- done a severe disservice to our pro- lems within the livestock industry, joining other farmers to voice concerns to seek im- ment Employees (AFL-CIO), Local 3354, ducers, and it is critically important provements, or raising concerns with federal USDA-St. Louis, American Raw Milk Pro- that we maintain market access and officials. Today, meatpackers and poultry ducers Pricing Association (WI), Ashtabula, price discovery options for independent companies can and do economically retaliate Geauga, Lake Counties Farmers Union (OH), farmers and ranchers. I am also fully against farmers that exercise these legal Assateague Coastal Trust (MD), Assateague supportive of GIPSA’s authority to rights; COASTKEEPER (MD), Black Farmers and continue the rulemaking process as di- Sensible protections for contract poultry Agriculturalists Association (BFAA) (NC), rected in the 2008 farm bill. The pro- and hog growers that make expensive facil- BLK ProjeK (NY), BUGS: Black Urban Grow- ity investments or upgrades on their farms ers (NY), Bronx Food and Sustainability Co- posed rule takes an important first to meet packer or poultry company require- alition (NY), Brooklyn Food Coalition (NY), step toward finally enabling livestock ments; Buckeye Quality Beef Association (OH), Bull producers to get a fair shake in the Requirements to provide growers and Mountain Landowners Association (MT), marketplace. ranchers with information necessary to California Dairy Campaign, California Farm- Opponents of the rule were able to in- make wise business decisions regarding their ers Union, California Food & Justice Coali- clude a provision in the House-passed operations; tion, California Institute for Rural Studies, version of the Fiscal Year 2012 Agri- Disclosure and transparency requirements Campaign for Contract Agriculture Reform, culture Appropriations bill which pro- to eliminate deception in the way packers, Campaign for Family Farms & the Environ- hibits GIPSA from spending funds to fi- swine contractor and poultry companies pay ment (CFFE), Carolina Farm Stewardship farmers; Association, C.A.S.A. del Llano (TX), Catho- nalize the proposed rule. A letter writ- Eliminating collusion between packers in lic Charities of Central and Northern Mis- ten by 190 organizations from across auction markets; souri, Cattle Producers of Louisiana, Cattle the country, including the South Da- Clarification of the types of industry prac- Producers of Washington, Center for New kota Farmers Union, the South Dakota tices the agency considers unfair, unjustly Community (IL), Center for Rural Affairs,

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00069 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6858 CONGRESSIONAL RECORD — SENATE October 20, 2011 Church Women United of New York State, tract Poultry Growers Association, and I ask unanimous consent that his essay Citizens for Pennsylvania’s Future North Dakota Farmers Union. be printed in the RECORD. (PennFuture) Citizens for Sanity.Com (FL), Northeast Organic Dairy Producers Alli- There being no objection, the mate- Colorado Independent CattleGrowers Asso- ance, Northeast Organic Farming Associa- rial was ordered to be prined in the ciation, and Columban Center for Advocacy tion of Massachusetts (NOFA-Mass.), North- and Outreach (MD). east Organic Farming Association of New RECORD, as follows: Community Alliance with Family Farmers York, Inc. (NOFA-NY), Northern Plains Re- BEGINNING THE JEWISH YEAR IN THE (CAFF) (CA), Community Farm Alliance source Council (MT), Northwest Atlantic Ma- AFTERMATH OF HURRICANE IRENE (KY), Community Food Security Coalition, rine Alliance, NYC Foodscape, Oglala (By Rabbi Michael Cohen) Community Vision Council (NY), Contract Lakota Livestock and Land Owners Associa- Acting as a leitmotif rain lightly showers Poultry Growers of the Virginias, The Cor- tion (SD), Ohio Ecological Food and Farm the beginning of the Jewish year. The power- nucopia Institute (WI), Crawford Steward- Association (OEFFA), Ohio Environmental ful song Avinu Malkeiyu, Our Father, Our ship Project (WI), Cumberland Countians for Council, Ohio Environmental Stewardship King sung on Rosh Hashanah and Yom Peace & Justice, (TN), Dakota Resource Alliance, Ohio Farmers Union, Oregon Live- Kippur was written by the first and second Council (ND), Dakota Rural Action (SD), stock Producers Association, Oregon Rural century Rabbi Akiva as a prayer for rain Dawson Resource Council (MT), Delta Enter- Action, Organic Consumers Association, Or- prise Network (AR), Earthworks Urban during a drought (Babylonian Talmud Taanit ganic Farming Research Foundation, Or- 25b). During the holiday of Sukkot, while the Farm, East New York Farms!/United Com- ganic Seed Alliance, Organization for Com- munity Centers, Endangered Habitats ancient Temple stood in Jerusalem, the cere- petitive Markets, PCC Natural Markets mony of drawing of the water, Simchat Beit League (CA), Environment Maryland, Envi- (WA), Peach Bottom Concerned Citizens ronmental Health Watch (OH), Family Farm Ha-Shoeva was performed. It was said in the Group (PBCCG) (PA), Pennsylvania Farmers Babylonian Talmud (Sukkot 51b), the rab- Defenders (WI), Farm Aid, Farm and Ranch Union People’s Food Co-op (MI), Pesticide Freedom Alliance (TX), Farmworker Asso- binic discussion of Jewish law, that ‘‘One Action Network North America, Powder who has not seen the joy of Simchat Beit Ha- ciation of Florida, Fay-Penn Economic De- River Basin Resource Council (WY), Progres- velopment Council (PA), Federation of Shoeva has never seen true joy.’’ Finally on sive Agriculture Organization (PA) , Ranch- Shemni Etzeret, the one day holiday after Southern Cooperatives, First Unitarian Uni- ers-Cattlemen Action Legal Fund, United versalist Church of Columbus (OH), Flatbush Sukkot, Tefilat HaGeshem, the Prayer for Stockgrowers of America, (R–CALF USA), Rain is recited even to this day. With Juda- Farm Share (NY), Food Chain Workers Alli- and Rocky Mountain Farmers Union. ance (CA) Food Democracy Now! Food First, ism arising out of a parched region of the Rural Advancement Foundation Inter- world when it comes to rain and water it is Food Freedom, Food for Maine’s Future, national—USA, Rural Empowerment Asso- Food & Water Watch, Friends of Family not surprising that such an emphasis is ciation for Community Help (REACH) (NC), placed on them. Farmers (OR) Friends of the Earth; Rural Coalition/Coalicion Rural, Slow Food Gardenshare: Healthy Farms, Healthy Food, For those of us living in parts of the Portland (ME) Slow Food USA, Slow Food Everybody Eats (NY), Georgia Poultry Jus- United States where the effects of Hurricane USA—Rocky Mountain Region, Small Planet tice Alliance, Grassroots International, Irene are still an all too real reality the Institute, Socially Responsible Agricultural Great Lakes Bioneers Detroit, Hattie thought of praying for rain can be somewhat Project (ID), South Dakota Farmers Union, Carthan Community Garden (NY), Hattie jarring. That being the case, what can the South Dakota Livestock Auction Markets Carthan Herban Farm (NY), Hmong 18 Coun- holidays at the beginning of the Jewish year Association, South Dakota Stockgrowers As- cil of South Arkansas, Hmong Association offer us in the wake of Irene? The symbol sociation, Southwest Nebraska Women In- Inc. (AR & OK), and Hmong National Devel- most associated with the Jewish New Year is volved in Farm Economics, Stevens County opment, Inc. the shofar, the ram’s horn blown during Rosh Hunger Action Network of New York Cattlemen’s Association (WA), Sustain LA Hashanah and at the end of Yom Kippur. In State, Idaho Rural Council, Illinois Steward- (CA), Sustainable Economic Enterprises of the Torah, the five books of Moses, Rosh Ha- ship Alliance, Independent Beef Association Los Angeles (SEE–LA), Tidal Creek Coopera- shanah is actually called yom teruah, the of North Dakota, Independent Cattlemen of tive (Food Market) (NC), Tilth Producers of day of blowing (the shofar). There are nu- Wyoming, Institute for Agriculture and Washington, Trappe Landing Farm & Native merous explanations why the shofar is blown Trade Policy, Institute for Responsible Tech- Sanctuary (MD), United Church of Christ on Rosh Hashanah and Yom Kippur; it is also nology, Intertribal Agriculture Council, Iowa Justice and Witness Ministries, United Poul- blown every weekday during the month of Citizens for Community Improvement, Iowa try Growers Association, Virginia Associa- Elul, the month before Rosh Hashanah. One Farmers Union, Island Grown Initiative tion for Biological Farming, Western Colo- explanation that addresses those of us who (MA), Jackson County, South Dakota, Board rado Congress, Western Organization of Re- felt the wrath of Irene is taught by Rabbi of Commissioners, Johns Hopkins Center for source Councils (WORC), West Side Cam- Art Green. In the Machzor, a prayerbook for a Livable Future (MD), Just Food (NY), Kan- paign Against Hunger (NY), WhyHunger, the Jewish holidays, of the Reconstruc- sas Farmers Union, Kansas Rural Center, Williams County Alliance (OH), Wisconsin tionist movement called Kol HaNeshamah The Land Loss Prevention Project (NC), La Farmers Union, Women, Food and Agri- Rabbi Green writes: Familia Verde (NY), La Fines Del Sur (NY), culture Network (IA), and Yellowstone Val- The shofar sound represents prayer beyond Land Stewardship Project (MN), Local Mat- ley Citizens Council (MT). words, an intensity of longing that can only ters (OH), Madison Farm to Fork (MT), f be articulated in a wordless shout. But the Maine Organic Farmers and Gardeners Asso- YOM KIPPUR’S LESSONS IN order of the sounds, according to one old in- ciation (MOFGA), Michael Fields Agricul- terpretation, contains the message in quite tural Institute (WI), Michigan Farmer’s IRENE’S AFTERMATH explicit terms. Each series of shofar blasts Union, Michigan Interfaith Power and Light, Mr. LEAHY. Mr. President, recently begins with tekiyah, a whole sound. It is fol- Michigan Land Trustees, and Michigan Or- in my State, as throughout the world, lowed by shevarim, a tripartite broken sound ganic Food & Farm Alliance. Yom Kippur was celebrated. This be- whose very name means ‘‘breakings.’’ ‘‘I Midwest Environmental Advocates (IL), ginning of the Jewish year comes as started off whole’’ the shofar speech says, Minnesota Farmers Union, Missionary Soci- ‘‘and I became broken.’’ Then follows teruah, ety of St. Columban (MD), Mississippi Asso- Vermonters and residents of other a staccato series of blast fragments, saying: ciation of Cooperatives, Missouri’s Best Beef States are struggling to regain their ‘‘I was entirely smashed to pieces.’’ But each Cooperative, Missouri Farmers Union, Mis- footing and to renew their lives and series has to end with a new tekiah, prom- souri Rural Crisis Center, Montana Farmers livelihoods after the devastation ising wholeness once more. The shofar cries Union, Mvskoke Food Sovereignty Initiative wrought by Hurricane and Tropical out a hundred times on Rosh Hashanah: ‘‘I (OK), National Catholic Rural Life Con- Storm Irene. was whole, I was broken, even smashed to ference, National Cooperative Grocers Asso- Vermonters of all faiths can take bits, but I shall be whole again!’’ ciation (NCGA), National Family Farm Coa- heart and inspiration from the Hurricane Irene literally and figuratively lition, National Farmers Organization, Na- broke in some cases, and smashed in other tional Farmers Union, National Latino thoughts about the meaning of the cases, people, their lives, and their posses- Farmers & Ranchers Trade Association, Na- Yom Kippur observance, in the context sions. The road to wholeness for some was tional Organic Coalition, National Sustain- of the aftermath of this natural dis- quick, for others longer, and for some they able Agriculture Coalition, National Young aster, which were presented in a recent are still a traveler on that journey. The mes- Farmers Coalition, Nebraska Environmental essay published in the Rutland Herald sage of the shofar, as taught by Rabbi Green, Action Coalition (NEAC), Nebraska Farmers and the Huffington Post. It was written can help remind us not to lose hope along Union, Nebraska Sustainable Agriculture So- by my good friend, Rabbi Michael that path. A similar message is also taught ciety, Nebraska Women Involved in Farm Cohen. Vermonters’ resilience in the during the Jewish High Holidays, but in a Economics (NE WIFE), Network for Environ- different way. mental & Economic Responsibility (TN), face of this devastation and its lin- According to the traditional reading of the New Agrarian Center (OH) New England gering challenges truly has been re- Bible, Moses received the Ten Command- Farmers Union, New York City Community markable. I commend Rabbi Cohen’s ments, called Aseret HaD’varim, literally Garden Coalition (NY), North Carolina Con- message to the Senate’s attention, and the Ten Words, (Exodus 34:28) on the 17th of

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00070 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6859 the Hebrew month of Tammuz. On that same Clarence Thomas was an honor stu- words mean so that they can decide day, ‘‘Moses came near the camp and saw the dent in high school and the first person cases. The dispute over judicial ap- calf (idol) and the dancing, he became en- in his family to attend college. He pointments is over whether the mean- raged; and he hurled the tablets from his graduated cum laude from Holy Cross hands and shattered them at the foot of the ing of our laws comes from those who mountain.’’ (Exodus 32: 19) One can argue College with a degree in English lit- make our laws or from judges who in- that the pinnacle of his life’s work was the erature and in 1974 received his law de- terpret them. receiving of the Ten Commandments; and gree from Yale. After serving as Assist- There are innumerable variations there they lay shattered at his feet. Moses ant Attorney General of Missouri and applications of these two general could have given up then, but he did not. under then-Missouri Attorney General approaches. After all, we lawyers spend Rather he climbed back up Mt. Sinai on the John Ashcroft and a stint with the three or more grueling years learning 1st of Elul and remained there for 40 days. Monsanto Corporation, Thomas accom- how to make words mean whatever we Remember, according to the text he is 80 panied Senator John Ashcroft here to want, to split a single legal hair at years old at the time. While up there he asked to see God face to face, but God told this body as a legislative assistant spe- least six different ways, and to make him that that would be impossible as he cializing in energy issues. the simple masquerade as the profound. could not survive such an encounter and live. President Reagan appointed Clarence But at its core, the battle over judicial God tells Moses, after Moses carves a sec- Thomas first to be an Assistant Sec- appointments is about whether stat- ond set of blank tablets that God will write retary of Education and then Chairman utes mean what the legislature meant, the Ten Commandments on again, to go to a of the Equal Employment Opportunity and whether the Constitution means crack in the mountain. At that point, as Commission. He remains the longest what the people meant. The alternative God’s back passes before Moses God reveals serving chairman in EEOC history. his essential attributes, ‘‘The Lord! the is an increasingly powerful judiciary, Lord! a God compassionate and generous, After he left for the judiciary, EEOC able to change our laws by changing slow to anger, abounding in kindness and employees used their own personal their meaning. faithfulness, extending kindness to a thou- funds to purchase a plaque for the Justice Thomas refuses to go there. sand generations, forgiving iniquity, trans- lobby. Shortly after he became an appeals gression, and sin.’’ (Exodus 34: These at- Here is what it said: court judge in 1990, he was speaking to tributes are sung as part of the liturgy of the Clarence Thomas, Chairman of the U.S. a friend and reflecting on his new judi- Jewish holidays at the beginning of the year, Equal Employment Opportunity cial role. as well as at other holidays during the year. Commission...is honored here by the He had, as I described a minute ago, At the beginning of the year they remind us Commission and its employees, with this ex- when Moses was back up on Mt. Sinai and worked in the legislative and executive pression of our respect and profound appre- branches and was actively involved in when he returned to the people with the new ciation for his dedicated leadership exempli- set of tablets 40 days later on Yom Kippur. fied by his personal integrity and unwaver- the process of developing policy and Moses climbing back up the mountain ing commitments to freedom, justice, and making law. Now, he told his friend, serves as an important model for all of us, equality of opportunity, and to the highest ‘‘whenever I put on my robe I have to not just those dealing with the aftermath of standards of government. remind myself that I am only a judge.’’ Hurricane Irene. We all have moments in our President George H.W. Bush ap- Only a judge. That statement almost lives when something has been shattered. does not compute in 21st century Often the easiest way to deal with that new pointed him to the U.S. Court of Ap- reality is to run away from it. That is not peals for the D.C. Circuit in 1990 and to America. Judges today are asked, and what the actions of Moses tell us to do. When the Supreme Court in 1991. many gladly accept the invitation, to Moses finds his life’s work shattered in front So much can be said about any life solve our problems, heal our wounds, of him he turns back and retraces his steps and career, let alone one that is al- revise our values, reconfigure our up that steep mountain. The word for repent- ready so full and rich. Analysts and rights, and even restructure our econ- ance, the main theme of the holidays at the pundits, admirers and enemies, lawyer omy. We have traveled far from Alex- beginning of the Jewish new year, in Hebrew or layman, nearly everyone has at ander Hamilton calling the judiciary is teshuvah which means to return. Both the the weakest and least dangerous cycles of the shofar’s notes and the model of least an impression of Justice Thomas, Moses returning to get a new set of tablets and nearly as many have an opinion. branch to Charles Evans Hughes saying provide us with a way to address what may The Internet and library shelves are that the Constitution is whatever the have been shattered by Hurricane Irene. rapidly filling with commentary, anal- judges say it is. f ysis, biography, and even psycho- That is the wrong direction for Jus- analysis. I will not attempt to do any- tice Thomas. His view that he is only a JUSTICE CLARENCE THOMAS thing so sweeping, but simply offer a judge means that while judges alone Mr. HATCH. Mr. President, 20 years few observations about Clarence Thom- may properly play the judicial role, ago this week Justice Clarence Thomas as as a judge and as a person. that judicial role is part of a larger took his seat on the Supreme Court of Professor Gary McDowell wrote at system of government, which operates the United States. With the expecta- the time of Justice Thomas’ appoint- within a much larger culture and soci- tion that these are only the first two of ment that the ‘‘true bone of contention ety. his decades on the Court, I want to here is...the proper role of the Liberty requires that government, offer a few thoughts about Clarence Court in American society, and the including judges, stay within their Thomas, both as a judge and as a per- about the nature and extent of judicial proper bounds and allow people to son. power under a written Constitution.’’ make their own decisions and live their Clarence Thomas was born on June That is the bone of contention in every own lives. Justice Thomas’ view that 23, 1948, in Pinpoint, GA. Poverty and judicial confirmation because the de- liberty requires limits on government, segregation contributed to how he un- bate over judicial appointments is real- including on the judiciary, parallels derstands the past, present, and future ly a debate over judicial power. the very principles on which our coun- of our country but, as he has often In general, the judicial power pro- try was founded and which are nec- said, rising above and growing beyond vided by Article III of the Constitution essary for us to remain free. difficulties is more important than the means that Federal judges interpret But for him this is more than theo- difficulties themselves. That is a pow- and apply written law to decide cases. retical. James Madison had said that if erful part of his life and the hope that The main source of judicial appoint- men were angels, no government would his life represents for us all. Helping ment controversy is about how judges be necessary and if angels governed him on that path were his maternal should do the first of these tasks, how men, no limits on government would be grandparents, Myers and Christine An- they should interpret written law such necessary. Justice Thomas not only derson, with whom he lived after the as statutes and, especially, the Con- knows those as axioms, but literally as age of 7 and whose influence shaped his stitution. life lessons. Growing up in poverty and character. Few books have had a more Legislatures choose the words of segregation, he experienced the dark poignant title than Justice Thomas’ statutes, and the people choose the side of human nature. Studying and autobiography, My Grandfather’s Son, words of the Constitution. Judges may working in government, he knows the for that is exactly what he was then not pick the words of our laws, but damage it can do when government ex- and remains today. they do have to figure out what those ceeds its proper limits.

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00071 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6860 CONGRESSIONAL RECORD — SENATE October 20, 2011 The Senate knew from the beginning to listen to the lawyers, not for the prestigious academic institutions. Jus- what kind of Judge Clarence Thomas lawyers to listen to him. tice Thomas, however, is more likely would be. While still EEOC chairman, Other critics just call him names. In to be found speaking at schools known he had written about a judiciary ‘‘ac- 1992, the New York Times called him little beyond the communities they tive in defending the Constitution but the youngest, cruelest justice for his serve. judicious in its restraint and modera- dissent in an Eighth Amendment case. Or speaking to young people who are tion.’’ At the Judiciary Committee Fast forward to this year, with Slate trying to get their lives back on track. hearing for his appeals court appoint- writer Dahlia Lithwick calling him On June 17, 1997, Justice Thomas gave ment, he said unambiguously that the cruel and saying that he wrote ‘‘one of a most memorable graduation address. ultimate purpose of both statutory the meanest Supreme Court decisions The institution was Youth for Tomor- construction and constitutional inter- ever.’’ Anyone who knows Justice row, a residential program for at-risk pretation is to determine what the au- Thomas knows that he just does not youth founded by former Washington thors of the law intended. And he care how papers or pundits feel about Redskins head coach Joe Gibbs. The would later write in a concurring opin- his opinions. The way many of them re- website of this wonderful program ion on the Supreme Court: ‘‘Though port or comment on his work, it’s states its mission: to provide these the temptation may be great, we must doubtful they even read his opinions. young people the opportunity and mo- not succumb. The Constitution is not a No, Justice Thomas does not care tivation to focus their lives and de- license for federal judges to further so- how critics feel, he cares only whether velop the confidence, skills, intellec- cial policy goals.’’ he gets each case right and applies the tual ability, spiritual insight and In my opening statement at Justice law impartially. Justice Thomas be- moral integrity to become responsible Thomas’ hearing, I said that ‘‘I am lieves that our system of government and productive members of society. confident that Judge Thomas will in- and our written Constitution define his June is the busiest month of the Su- terpret the law according to its origi- judicial role and that he has no author- preme Court’s term, with Justices and nal meaning, rather than substitute his ity to do otherwise. He is both prin- clerks working longer and longer days own policy preferences for the law.’’ cipled and independent. to complete opinions for the term’s That is the kind of judge America These are not attacks on Clarence hardest cases. This graduation was on needs, and that is what Justice Thomas Thomas the man, or even on Clarence a weekday, and Youth for Tomorrow is has consistently been for the past two Thomas the Justice. Many times, they located out in Prince William County. decades. are really attacks on the kind of Jus- But none of that mattered to Justice Those who opposed Justice Thomas’ tice that he represents. Many times, Thomas. On that day, just one young appointment, and who continue to they are attacks on the idea that the man received a high school diploma. criticize his service, take the opposite Constitution is fixed and sure rather That’s right, Justice Thomas was the view. They believe that the Constitu- than malleable, that the Constitution commencement speaker for a high tion is a license for Federal judges to belongs to the people rather than to school class of one. When that young further social policy goals. When I look judges, that the Constitution trumps man says that Justice Thomas was his at the social policy goals these folks politics. high school graduation speaker, he want to further, I am not surprised. I believe today what I said in Justice really means it. Their political agenda is, to put it Thomas’ hearing, that these opponents Justice Thomas applauded the deci- mildly, unpopular with the American actually fear that he will in fact be sions that the young men in the Youth people and, therefore, unsuccessful in faithful to the Constitution and to fed- for Tomorrow program were now mak- legislatures. The only way for them to eral laws as we enact them, rather ing. He was proud to come to them as win is to impose their agenda through than to their political agenda. Frank- a speaker, he said, rather than to have the courts and that requires judges ly, I am pleased to say that he has con- them come before him as a judge. willing to do the imposing. Justice firmed that fear because Justice Thom- Let me close by returning to the Thomas is not their kind of judge. as has steadfastly kept the Constitu- words of that plaque placed by EEOC Those whose political fortunes de- tion, rather than any political agenda, employees. pend on political judges went to ex- as his guide. The truth is that he is Through turbulence and calm, highs traordinary lengths to keep Justice writing some of the most persuasive, and lows, controversy and consensus, Thomas off the Supreme Court. When profound, and powerful opinions on the Justice Clarence Thomas continues to their efforts failed, they have gone to Supreme Court today. exemplify personal integrity and un- great lengths to belittle and smear his As a Justice, Clarence Thomas has wavering commitment to freedom, jus- service on the Court. For years, they had a significant impact on our coun- tice, and equality of opportunity, and said that Justice Thomas was simply try and on the law. As a person, Clar- to the highest standards of govern- parroting his fellow originalist, Justice ence Thomas has similarly had a pro- ment. He may be only a judge, but Jus- Scalia, since they vote the same way so found impact on people’s lives. These tice Clarence Thomas is truly a force often. As recounted in the book Su- certainly include the dozens of women for good in our country. preme Discomfort, Justice Scalia said and men who have served as his law I now ask unanimous consent that that this criticism is nothing but a slur clerks through the years. I invited the letters to which I referred be print- on both him and Justice Thomas. He some of them to write letters offering ed in the RECORD. said: ‘‘The myth’s persistence is either their own reflections and I will ask There being no objection, the material was racist or it’s political hatred.’’ unanimous consent that these letters ordered to be printed in the RECORD, as fol- Liberals never even mentioned, let be printed in the RECORD following my lows: alone criticized, that Justice Thurgood remarks. I urge my colleagues to read UNIVERSITY OF CALIFORNIA, BERKE- Marshall voted even more often with them. Some of them include erudite LEY, SCHOOL OF LAW, fellow activist Justice William Bren- analysis of Justice Thomas’ approach Berkeley, CA, October 6, 2011. to judging. You don’t get to be a Su- Hon. ORRIN G. HATCH, nan. Why the double standard? Because United States Senator, liberals like activist judges such as preme Court clerk, after all, without at U.S. Senate, Washington, DC. Marshall and don’t like restrained least the potential for erudition. But DEAR SENATOR HATCH: Thank you for your judges such as Thomas. The real point, every one of them includes personal speech commemorating the twentieth anni- after all, is not that two Justices agree anecdotes and memories about how versary of the United States Senate’s con- but what they agree on. Justice Thomas continues to impact firmation of Clarence Thomas as an Asso- Or some take pot shots at the fact their lives. ciate Justice of the United States Supreme that Justice Thomas asks few ques- Federal judges in general, and Su- Court. I am honored that you asked me, a tions in oral argument. Needless to preme Court Justices in particular, re- former clerk to Justice Thomas and former general counsel to the Senate Judiciary say, if he did speak up more often, ceive dozens and even hundreds of invi- Committee during your chairmanship, to these same folks would nit-pick what tations to speak at events of all kinds. contribute this letter for the Congressional he said. Justice Thomas has said that Justices appear at grand podiums in Record. Without your irreplaceable leader- the purpose of oral argument is for him the great halls of the nation’s most ship, Justice Thomas could never have been

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00072 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6861 confirmed, so you have been responsible for norities cannot compete with them without the country an unintentional favor. I believe the two most important years of my career. their patronizing indulgence.’’ He argued he can do more good for the country as an Historians will always record that Justice that ‘‘these programs stamp minorities with outspoken associate justice than he could as Thomas was the second African-American to a badge of inferiority and may cause them to Chief Justice. Because he is not the Chief serve on the Supreme Court, following the develop dependencies or to adopt an attitude Justice, Thomas has more freedom to speak great Thurgood Marshall. But this sym- that they are ‘entitled’ to preferences.’’ his mind—and he does so on a regular basis. bolism is of secondary importance. Justice One of the most admirable traits that I Clarence Thomas, growing up in the seg- Thomas’s contribution to our Supreme Court have witnessed in Justice Thomas is his regated South, beating poverty and hardship is his powerful intellect and his unique com- focus on speaking honestly about his views, to succeed in his education and survive in mitment to the principle that the Constitu- rather than concerning himself with the pol- the political shark pool of Washington, tion means what the framers thought it itics of winning votes on the Court. By brings a unique outsider’s perspective to the meant. foreswearing the role of coalition builder or Court and the Constitution. Without the bur- This can make Justice Thomas unpredict- swing voter, Justice Thomas has used his den of the chief justiceship, Thomas can pull able to those who view Supreme Court deci- opinions to highlight how the latest social aside the curtain of clever legal and intellec- sions through a partisan lens. He agrees, for theories hurt those they are said to help. Be- tual argumentation to reveal the stark and example, that the use of thermal imaging cause he both respects grassroots democracy real policy choices being imposed by the technology by police in the street to scan for and knows more about poverty than most Court on the nation. marijuana in homes violates the Constitu- people do, he dissented vigorously to the Thank you for commemorating the twen- tion’s ban on unreasonable searches. He op- Court’s 1999 decision to strike down a local tieth anniversary of Justice Thomas’s con- poses the Court’s effort to place caps on pu- law prohibiting loitering in an effort to re- firmation to the Supreme Court. I am hon- nitive damages as a violation of our federal duce inner-city gang activity. ‘‘Gangs fill the ored that you asked me to contribute a few system of government. He has voted to daily lives of many of our poorest and most thoughts on the occasion, and I continue to strike down literally thousands of harsher vulnerable citizens with a terror that the feel myself lucky to have worked for both criminal sentences because they were based court does not give sufficient consideration, you and Justice Thomas in the years since. on facts found by judges rather than juries, often relegating them to the status of pris- Best wishes, as required by the Bill of Rights. He supports oners in their own homes.’’ JOHN YOO, the right of anonymous political speech, and Justice Thomas is an admirer of the work Professor of Law. wants advertising and other commercial of Friedrich Hayek and Milton Friedman, speech to receive the same rights as political both classical liberals. His firsthand experi- GEORGE MASON UNIVERSITY speech, because he believes them protected ence of poverty, bad schools and crime has SCHOOL OF LAW, by the First Amendment. led him to favor bottom-up, decentralized so- Arlington, VA, October 8, 2011. No one, of course, would deny that Justice lutions for such problems. He rejects, for ex- Hon. ORRIN G. HATCH, Thomas has strong conservative views on ample, the massive, judicially-run desegrega- U.S. Senate, constitutional law. He rejects much of af- tion decrees that have produced school bus- Washington, DC. firmative action, believes Roe v. Wade was ing and judicially-imposed tax hikes. A stu- DEAR SENATOR HATCH: I write on the occa- wrongly decided, recognizes broad executive dent of a segregated school himself, Justice sion of Justice Clarence Thomas’ twentieth powers in wartime, and allows religious Thomas declares that ‘‘it never ceases to anniversary on the Supreme Court. It was groups more participation in public life. But amaze me that the courts are so willing to my great privilege to serve as a law clerk to I have long thought that there is a deeper assume that anything that is predominantly Justice Thomas during the October Term principle of political philosophy at work in black must be inferior.’’ 2001. Justice Thomas’s thought that goes beyond To Justice Thomas, the national govern- In the past two decades, Justice Thomas the close interpretation of disparate con- ment’s command-and-control policies have has blazed an influential path, focusing on stitutional text. What he brings to the Court failed to make the poorest any better off. the text and history of the Constitution and as no other justice does is a characteris- Rather, they have simply suppressed innova- following these wherever they may lead. tically American skepticism of social engi- tion in solving the nation’s problems. He be- Many perceived his potential from the begin- neering promoted by elites—whether in the lieves that the Constitution allows not just ning of his tenure, but now even his critics media, academia or well-heeled lobbies in states and cities, but religious groups, to ex- and skeptics have acknowledged his distinct Washington—and a respect for individual periment to provide better education. In a and important impact on the Court. self-reliance and individual choice. He writes 2002 concurrence supporting the use of school Lawyers, friends, and students often ask not to be praised by professors or pundits, vouchers, Justice Thomas again quoted what it was like to clerk for Justice Thomas. but for the American people. Frederick Douglass: Education ‘‘means In his commitment to hard work and careful As his memoir, My Grandfather’s Son, emancipation. It means light and liberty. It thinking, Justice Thomas taught his clerks shows, Justice Thomas’s views were forged means the uplifting of the soul of man into many lessons in the law. The Justice encour- in the crucible of a truly authentic American the glorious light of truth, the light by aged us to debate the merits of each case, story. This is a black man with a much which men can only be made free.’’ Justice digging into the finer points of law and its greater range of personal experience than Thomas followed with the sad truth: ‘‘Today particular application to the facts before the most. A man like this on the Court is the many of our inner-city public schools deny Court. We provided our best assessments to very definition of the healthy diversity that emancipation to urban minority students.’’ the Justice while he was deliberating. But our misguided affirmative action programs ‘‘While the romanticized ideal of universal once he decided, the debate ended. Whatever seek. As a result, Justice Thomas opposes af- public education resonates with the cogno- points of disagreement may have remained, firmative action not just because it violates scenti who oppose vouchers,’’ Justice Thom- a clerk could proceed knowing that the deci- the guarantee of racial equality in the Equal as wrote, ‘‘poor urban families just want the sion was based on the Justice’s honest judg- Protection Clause, but because it subordi- best education for their children, who will ment. The integrity of this process, without nates individual energy, ambition, and tal- certainly need it to function in our high-tech intellectual compromise or concern for news- ents to misinformed and misguided social and advanced society.’’ paper editorials, reflected Justice Thomas’ planning. In his dissent from the Court’s ap- These are not the words of an angry jus- unwavering commitment to the law and to proval of the use of race in law-school admis- tice, or a political justice, but of a human his oath to uphold the Constitution of the sions, he quoted Frederick Douglass: ‘‘If the justice. Justice Thomas’s personal story United States. negro cannot stand on his own legs, let him shows him to be all too aware of the imper- Yet the clerkship was more than legal fall also. All I ask is, give him a chance to fections in our society and mindful of the training. Justice Thomas shared rich experi- stand on his own legs! Let him alone!’’ Jus- limits of the government’s ability to solve ences from his own life. He spent a great deal tice Thomas observed: ‘‘Like Douglass, I be- them. That kind of understanding and hu- of time talking with us—about our profes- lieve blacks can achieve in every avenue of mility, and personal courage in the face of sional futures, our families, and, of course, American life without the meddling of uni- incessant unjustified attack, is what most sports. In the years following my clerkship, versity administrators.’’ Americans would want on their Supreme Justice Thomas has remained a mentor and In a 1995 race case, Justice Thomas ex- Court. Read a Thomas opinion on a subject inspiration, providing professional and per- plained why he thought the government’s like affirmative action, religion, crime, or sonal advice whenever needed. He has an ex- use of race was wrong. Racial quotas and free speech, and you cannot miss its authen- cellent way of helping one see what is impor- preferences run directly against the promise tic voice, unmistakable in its clarity, logic tant. of the Declaration of Independence that all and moving language. Justice Thomas’ generosity of spirit ex- men are created equal. Affirmative action is During the administration of George W. tends beyond his ‘‘clerk family.’’ He regu- ‘‘racial paternalism’’ whose ‘‘unintended Bush, in which I served, there was specula- larly speaks to student groups and takes consequences can be as poisonous and per- tion that the President might elevate Jus- time from his busy schedule to meet with nicious as any other form of discrimina- tice Thomas to the Chief Justiceship to re- young people. I have seen how this inspires tion.’’ Justice Thomas speaks from personal place Chief Justice William H. Rehnquist. them. A few years ago, he volunteered to knowledge: ‘‘So-called ‘benign’ discrimina- That position, of course, went to Chief Jus- speak to my constitutional law class. No tion teaches many that because of chronic tice John G. Roberts. In the end, I believe topic was out of bounds as students asked and apparently immutable handicaps, mi- that the President did Justice Thomas and the Justice about his judicial philosophy, the

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00073 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6862 CONGRESSIONAL RECORD — SENATE October 20, 2011 role of the Supreme Court, the dynamics be- ly two sides of the same coin; and that if we this letter in some small way may give you, tween the justices, and his personal history. are to be a nation of laws and not of men, your colleagues in the Senate and the Amer- With good humor, Justice Thomas stayed judges must look not from the point of view ican public some sense of this remarkable after class until every student who wanted a of their own race, sex, religion, or other per- man. signature or picture had a turn. sonal characteristics in deciding cases, but October Term 1998 was not, to borrow an This was not an unusual event—but simply to the truth of the law and the rule of law, unfortunate term from the media, a ‘‘block- one example of the Justice’s graciousness which is for all persons, at all times. buster’’ It did not produce a slew of decisions and engagement in a wider public dialogue. Justice Thomas reminds us that inter- whose holdings made headlines. Of course, In this regard, he elevates the role of the Su- preting the U.S. Constitution is ‘‘not a game this is not to say that the cases were insig- preme Court through his public appearances of cute phrases and glib remarks in impor- nificant—they surely were for the litigants and meetings. Although he does not seek tant documents.’’ It is, rather, ‘‘a deadly se- before the Court, for the broader constitu- commendation or attention from the usual rious business.’’ He approaches each case encies affected by the Court’s decisions and sources, Justice Thomas seeks to inspire with no preconceptions, only an honest and for the country. Perhaps precisely for this others by example, just as he recognizes the incisive intellect and a dogged commitment reason, we digested a lesson that Justice importance of those who inspired him along to ‘‘get the law right’’ based on a clear un- Thomas taught us early in the term—our job the way. Those who have met him, even just derstanding of the Constitution and the prin- was to help him decide cases and to serve the in a public lecture, know his intelligence, ciples it was created to vindicate—preserva- Court. We should not worry about the polit- candor, and bellowing laugh. tion of life, liberty, and property—and to the ical impact of a decision or its media signifi- Justice Thomas’ tremendous jurispru- structural Constitution that created a sys- cance. Nonetheless, we had to understand dential contribution can be read in the deci- tem of self-government for the first time in that, for the litigants, the case may well be sions of the Court— his influence increas- history based upon a clear-eyed view of the most important matter in their lives. ingly documented by academics and justly human nature. He treats the great gift given Our job was to ‘‘call them like we see them’’, recognized by lawyers and the public. In this to us, and to all civilization, by the Founders to master the facts of a case and to examine short letter I have shared some personal re- as it should be treated: as a precious treas- the relevant legal authorities. flections on Justice Thomas because this ure, not something to be twisted, played This workmanlike approach infused every- record is less public and often obscured. Jus- with, or destroyed. thing we did—from drafting memos for the tice Thomas presents a rare example from And those of us who have been his employ- ‘‘cert pool’’ to preparing bench memoranda. public life that one’s intellectual and per- ees and friends have been doubly blessed by He taught us to leave no stone unturned and sonal legacies need not be inversely related. having a boss of intense personal loyalty, to run down obscure but potentially impor- I am grateful for your leadership in the who sees us all as family, who not only tant jurisdictional snags in cases. Con- confirmation of Justice Clarence Thomas. guides and encourages us in our legal and sequently, when the day of oral argument Having served as counsel to the Senate Judi- other professional endeavors, but is always came around, he was prepared for every- ciary Committee under your Chairmanship there for us in our personal lives when we thing. Thus, it was unsurprising when he did during the year before my clerkship, I am es- need advice or support—through cancer diag- not ask a lot of questions—he already knew pecially honored to have the opportunity to noses, the illnesses and deaths of family the answers! join you in commemorating Justice Thomas’ members, the births and baptisms and deaths Justice Thomas also taught us not to be first twenty years on the Supreme Court. of children, and all the other joys and trage- afraid of the truth. It would have been unfor- Best regards, dies of life. givable for any of us to shade a fact or twist NEOMI RAO. We look back on these 20 years with pride—but not surprise—at what the Great a precedent in support of some preordained October 12, 2011. Man has accomplished on the highest Court result. There were right answers, and there were wrong ones. To be sure, there were hard Hon. ORRIN G. HATCH, in the land. It is now undeniable, even to the U.S. Senate, liberal left and the mainstream media that cases, and sometimes the right answers were Washington, DC. Justice Thomas is, in fact, a leader and a difficult to discern or required, ultimately, a DEAR SENATOR HATCH: This past weekend, powerful intellectual force on the U.S. Su- judgment. That process of discernment, how- we watched on CSPAN key excerpts from the preme Court. America has learned from the ever, required hard work—to dig into the his- October 1991 U.S. Senate Judiciary Com- investigative reporting and writing of Jan tory of a constitutional amendment, to focus mittee confirmation hearings for justice Crawford, in Supreme Conflict: The Inside on the language of the laws enacted by Con- Clarence Thomas. It made us recall the crit- Story of the Struggle for Control of the Su- gress and not to be afraid where that re- ical role that you played in those hearings, preme Court, that Justice Thomas was a search led us. When we met with him—either methodically debunking the absurd accusa- powerful, independent, and influential voice privately or as a ‘‘chambers team’’—we pre- tions raised by liberal left interest groups on the Court from the very first day he sented the results of our work with direct- and Senate staffers who would stop at noth- walked through the door, shortly after the ness, honesty and forthrightness. The result ing to bring down a black man who strayed 1991 confirmation hearings ended and he was of a working atmosphere was a work product from the ideological plantation. As Justice seated as the junior Justice on the Court. that everyone could understand and believe Thomas said presciently at the time, Amer- We can’t let the moment pass without also in because no corners had been cut. ica herself was harmed by those attacks far noting that Justice Thomas, notwith- These were not the only lessons that Jus- more than he was. Our great institutions of standing his greatness, has always been a tice Thomas taught us. He also taught us the government—the U.S. Senate and the Su- man of deep and sincere humility, as befits a importance of treating people with respect. preme Court—were harmed. Sadly, those in- servant of the law. He continues to be As his elbow clerks, we often had the privi- juries perdure. strengthened by his favorite prayer, the Lit- lege of accompanying him places—whether But we share your joy in celebrating this any of Humility, which asks Jesus to ‘‘de- morning mass, breakfast in the Court cafe- day in 2011, as you mark on the Senate floor liver me . . . from the desire of being loved, teria or sometimes lunch over at his old the happy occasion of Justice Thomas’s extolled, honored, praised, [and] approved,’’ stomping ground in the Senate. On these twentieth anniversary on the Supreme and ‘‘from the fear of being humiliated, de- outings, it never ceased to amaze me how Court. As two of his former law clerks, who spised, ridiculed, [and] wronged....’’ many people the Justice knew. Not only did knew him from the days even before he was May all of our great Country’s public serv- he know their names, he also asked after on the Court, we speak for all Americans ants, and all of us citizens, pray with him their families; he could recall the names of who love Justice Thomas, our country, and the same prayer. We join you today in hon- their spouses, the activities of their children our Constitution when we say ‘‘thank you’’ oring and praising a truly great man. and the last joke that they told. This was for what you did in 1991, for your prominent Respectfully yours, true whether the person addressed was a role in averting the ‘‘high-tech lynching’’ in LAURA A. INGRAHAM AND former Senate staffer or a cafeteria worker. the Judiciary Committee, and for marking WENDY STONE LONG. Think about how often each of us passes one this milestone today. of the countless, hardworking individuals The passing of these 20 years has only con- THE UNIVERSITY OF GEORGIA like a janitor or security guard—men and firmed what you knew back then: that Jus- SCHOOL OF LAW, women who work often without recognition, tice Thomas is an extraordinary American, August 31, 2011. acknowledgement or a word of thanks. How one of the greatest of his generation—indeed, Sen. ORRIN HATCH, many of your Senate colleagues could name of any generation, and as our friend Bill Ben- Hart Senate Office Building, Washington, DC. the janitors who sweep the floors, clean the nett recently said, ‘‘the greatest living DEAR SENATOR HATCH: Thank you for hon- bathrooms and, on a daily basis, ensure that American.’’ He has taught us to understand oring the twentieth anniversary of Justice the appearance of the building reflects the the Constitution, this great gift the Found- Clarence Thomas’s confirmation to the Su- dignity of the institution? Without excep- ers gave us, in its fullness and integrity: for preme Court of the United States. I had the tion, I know Justice Thomas could name example, that without proper respect for pri- privilege of serving as one of Justice Thom- them all those who serve in the Court, those vate property (what the Founders called as’s law clerks during October Term 1998. I who serve in the Senate and countless others ‘‘the pursuit of happiness’’ in the Declara- cannot possibly hope to distill into a single into whom he has come into contact. The ex- tion of Independence), there can be no real letter the lessons, reflections and memories ample he set for us was powerful, and I am freedom; that freedom and equality are real- of that remarkable year. Hopefully, though, reminded of it on a regular basis when I try

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00074 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6863 to accord the same respect to every indi- over wrong, serves when called, and always only knew every member of the Supreme vidual with whom I come into contact, just treats every individual, regardless of rank or Court’s staff by name, he also knew the as he did. station, as their equal. names of their spouses and many of their Finally, no letter praising Justice Thomas In the years since his confirmation, Jus- children. (I arrived early one morning to find would be complete without reference to his tice Thomas’s critics have begun to give him six custodians crowded into his office teasing family, especially his wife Virginia. As you his due as a jurist. Legal academics and pub- him about a Dallas Cowboy’s loss.) Walking undoubtedly know, she is a rock for him, and lic intellectuals, many of whom disagree on the hill one day, Justice Thomas stopped their marriage is an incredibly strong, in- virulently with his approach to the law, now to talk to a homeless man whom, he ex- deed inspiring, one. I had the privilege first- grudgingly acknowledge the intellectual plained, he had known for years. Another hand of benefiting from Justice Thomas’s weight of his opinions, the consistency and day, he stopped in front of the Hart Senate keen insight into the importance of a strong clarity of his jurisprudential approach to Office Building to ask a police officer about marriage as I faced a difficult dilemma dur- constitutional questions, the respect ac- his son, who had just started college. When ing the end of my clerkship. My fiance´e and corded to him by his colleagues, and the in- we asked how he knew that the officer’s son I were due to be married after the clerkship, creasing evidence of his intellectual leader- was entering college, he explained he remem- and I had already accepted a job in the ship on the Court. Most importantly, Justice bered the officer from his days as a staffer Criminal Division of the Justice Department Thomas’s opinions reflect an unwavering fi- for Senator Danforth. (Justice Thomas (fulfilling a lifelong dream to serve as a fed- delity to the Constitution as it was intended worked for Senator Danforth from 1970 until eral prosecutor). I had also made a to be understood, a steadfast commitment to 1981; I clerked for him seventeen years later.) ‘‘prenuptial’’ promise to my fiance´e (who religious liberty and free expression, and a Contrary to elite opinion, Justice Thom- was from Europe) that if the opportunity firm insistence that equality of opportunity as’s concern for the metaphorical ‘‘little ever came along to live and work in her is best promoted (indeed must be promoted) guy’’ is also reflected in his jurisprudence. home country, I would do so. In March 1999, by equal treatment under the law. Critics often overlook this fact because his I received an offer from a law firm in Europe I know that law professors usually write views about how the law can properly help and confronted a dilemma—pursue my dream tributes about Justices as jurists, so I hope the poor, the marginalized, and (perhaps es- job or fulfill that prenuptial promise? After you will understand if I depart from the pecially) racial minorities are profoundly stewing on the dilemma for several hours, I mold and begin with a few words about the contrarian, at least as measured against pre- sheepishly knocked on Justice Thomas’s Justice as a man. I do so in part because I vailing elite sentiments. But properly under- door and asked if we could have a am sure that there will be no shortage of re- stood—that is, understood in the context of ‘‘throwdown’’ (his term for a conversation flections about Justice Thomas as a jurist in Thomas’s history and teleology—the evi- where we could put all our concerns about a the days and years to come. But I also do so dence of his attentiveness to the underdog is matter on the table). He listened patiently because, during my year as his law clerk and undeniable. Opinions reflecting Thomas’s as I laid out my dilemma to him. At the end in the years since, I was, and have been, im- concern for ‘‘the little guy’’ contain at least of my monologue, he looked me directly in pressed and formed by Justice Thomas’s hu- three overlapping themes. The first is an un- the eye. and uttered words I will never for- manity, as much as (or more than) his judi- wavering respect for, and faith in, the com- get: ‘‘Bo, a man goes where his wife will be cial philosophy or the careful crafting of his petence and ingenuity of all people, regard- happy. The Justice Department will always opinions. less of race or station. Consider, for example, be there, but if you break this promise, you As you undoubtedly remember, during his his scathing indictment of the compulsory may wake up one day and find your wife is confirmation hearings, then-Judge Thomas integration programs at issue in Missouri v. Jenkins (1995): not.’’ The moral certainty behind his advice described watching, through his chamber’s ‘‘It never ceases to amaze me,’’ he began, helped me make the right decision. I called window, as shackled prisoners were led into the federal courthouse. ‘‘I say to myself al- ‘‘that the courts are so willing to assume the Justice Department, withdrew my appli- that anything predominantly black must be cation (a decision that, to the Department’s most every day,’’ he introspectively re- flected, ‘‘But for the grace of God there go inferior.’’ The second theme is a distrust of credit, was graciously accepted) and accept- many social programs designed to ‘‘help’’ the I.’’ In the intervening years, more than one ed the position in Europe. My wife and I re- disadvantaged, which is frequently inter- commentator has accused Justice Thomas of cently celebrated our tenth anniversary, and preted as reflecting either callousness, reneging on his implicit promise—embedded not a day goes by when I do not reflect on naı¨vete´ or both. But Justice Thomas is in his self-identification with the prisoners— (and sometimes share) Justice Thomas’s ad- acutely aware of historical lessons sug- to look out for the little guy. According to vice. gesting that government actions ostensibly these critics, Thomas has turned out to be As I read over this letter, I realize it does designed to help sometimes mask illicit mo- anything but empathetic to the plight of the not begin to scratch the surface of all the tives, and he is deeply suspicious of ‘‘window downtrodden. This view—that Justice Thom- memories, reflections and impressions cre- dressing’’ efforts that enable elites to avoid as exhibits a disregard, even contempt, for ated both during my year of service with rolling up their sleeves and engaging in the Justice Thomas and in the intervening thir- the difficulties facing the least fortunate difficult task of equipping the disadvantaged teen years (for the relationship endures long among us—pervades the popular imagina- with the skills they need to succeed. As he after the clerkship ends). All I can say is tion. These criticisms reflect a profound mis- observed in Grutter v. Bollinger (2003), which thank you—for your unflagging support of understanding of Justice Thomas and his ju- upheld the University of Michigan Law this true patriot and to Justice Thomas for risprudence. There is a reason why Justice School’s affirmative action program, ‘‘It his willingness to serve the country. Thomas, upon his nomination to the Su- must be remembered that the Law School’s Sincerely, preme Court, first thanked his grandparents racial discrimination does nothing for those PETER B. RUTLEDGE, and the Franciscan nuns who educated him too poor or uneducated to participate in elite Professor of Law. in Savannah’s segregated Catholic schools: higher education and therefore presents only He sincerely believed that they saved his an illusory solution to the challenges facing UNIVERSITY OF NOTRE DAME, life. And one need only spend a day with Jus- our Nation.’’ The third theme reflects, in my THE LAW SCHOOL, tice Thomas to realize that he still believes view, the genuineness of Justice Thomas’s Notre Dame, IN, October 13, 2011. that, but for their intervention—or perhaps ‘‘window dressing’’ concern. Thomas is jeal- Hon. ORRIN HATCH, more accurately, but for God’s intervention ously protective of the kind of ‘‘back-to-ba- U.S. Senator, U.S. Senate, 104 Hart Office through them—his life might well have sics’’ efforts that he believes will actually Building, Washington, DC. taken a very different path. help the disadvantaged. His frustration with DEAR SENATOR HATCH: I am writing on the In his years on the Supreme Court, Justice opponents of these efforts is palpable, and re- occasion of the twentieth anniversary of Jus- Thomas’s generosity has become increas- flected in several opinions that warning that tice Clarence Thomas’s confirmation to the ingly difficult to ignore. Even his critics decisions invalidating such efforts will have United States Supreme Court. During the have begun to acknowledge publicly his per- devastating consequences for our most vul- Supreme Court’s 1998–1999 term, I had the sonal efforts to help ‘‘the little guy’’—from nerable citizens. For example, he began his great privilege of serving as Justice Thom- his decision to raise his sister’s grandson, to concurrence in Zelman v. Simmons-Harris as’s law clerk. The experience was one of the his practice of welcoming groups of poor and (2002), which upheld a school choice program most important and formative of my life. predominantly minority school children to in Cleveland, by quoting Frederick Douglass: During my year in his chambers, Justice the Court, to his record of mentoring young ‘‘[E]ducation . . . means emancipation. It Thomas—whom I had long admired as a ju- people, to his involvement in a scholarship means light and liberty. It means the uplift- rist—became my mentor, teacher, and friend. program that sends first-generation profes- ing of the soul of man into the glorious light He taught me, as he teaches all of his clerks, sionals to New York University School of of truth, the light by which men can only be to be a better lawyer—the kind of lawyer Law on a race-blind basis. It was one of the made free.’’ He continued, ‘‘[M]any of our who always honors the law by seeking and great privileges of serving as his law clerk to inner-city public schools deny emancipation applying the correct answer, even when the witness these efforts up close—and to see to urban minority students. . . . [S]chool correct answer does not comport with per- that these public acts of generosity were choice programs . . . provide the greatest sonal preferences. But even more impor- coupled with dozens more private acts of educational opportunities for . . . children in tantly, Justice Thomas taught me, as he kindness, each as natural as it was reflective struggling communities.’’ teaches all of his clerks, to be a better per- of Justice Thomas’s generosity and char- I do not make these observations to prove son—the kind of person who chooses right acter. A few examples: Justice Thomas not the wisdom of Justice Thomas’s views on the

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By expanding iting service providers from disclosing expressed constitutional commitments are their joint efforts to include nuclear customer content and requiring that both genuine and self-binding is, in my view, safety and development of a global the Government obtain a search war- established in an undeniable record of reach- framework for nuclear energy, they are rant based on probable cause to compel ing conclusions that run counter to his per- bringing the world’s best technical ex- the disclosure of the content of an indi- sonal preferences. And, I think it important pertise to bear on critical issues that vidual’s electronic communications. to note, Justice Thomas himself has spoken must be addressed to sustain public The ECPA Amendments Act also on the subject of how a judge best serves the confidence in nuclear energy. gives important new privacy protec- ‘‘little guy’’ and that is to maintain fidelity to the law. As Thomas once explained, ‘‘A Mr. President, cooperative efforts be- tions for location information that is judge must get the decision right because, tween the United States and Russia in collected, used, or stored by service when all is said and done, the little guy, the civil nuclear energy are a success story providers, smartphones, or other mo- average person, the people of Pinpoint, the in an often complex relationship. bile technologies. To address the role real people of America will be affected not Building on this relationship should be of new technologies in the changing only by what we as judges do, but by the way a priority for both countries. mission of law enforcement, my bill we do our jobs.’’ And, in living out that aspi- f also provides important new tools to ration, every day, Justice Thomas has be- law enforcement to fight crime and come a model jurist, worthy of our com- ELECTRONIC COMMUNICATIONS protect cybersecurity including—clari- mendations on this day. PRIVACY ACT Sincerely, fying the authority for the government Mr. LEAHY. On October 21 we will NICOLE GARNETT, to temporarily delay notice to protect Professor of Law. celebrate the 25th anniversary of the the integrity of a law enforcement in- enactment of the Electronic Commu- f vestigation and allowing a service pro- nications Privacy Act, ECPA, one of vider to disclose content that is perti- US-RUSSIA NUCLEAR the Nation’s premiere privacy laws for nent to addressing a cyberattack to the COOPERATION the digital age. Since the ECPA was government to enhance cybersecurity. Ms. MURKOWSKI. Mr. President, first enacted in 1986, this law has pro- I drafted this bill with one key prin- today I wish to note the importance of vided privacy protections for e-mail ciple in mind—updates to the Elec- growing Russian-American cooperation and other electronic communications tronic Communication Privacy Act in the field of civil nuclear energy. Our for millions of Americans who commu- must carefully balance the interests common interests in this area are a nicate and transact business in cyber- and needs of consumers, law enforce- significant opportunity to enhance en- space. ment, and our Nation’s thriving tech- ergy security and economic growth for Today, the many rapid advances in nology sector. I also drafted this bill both nations. Just as importantly, technology that we have witnessed after careful consultation with many building on a good record of coopera- make this key privacy law more impor- government and private sector stake- tion on nuclear energy can form a basis tant than ever if we are to ensure the holders, including the Departments of for improving our relationship with the right to privacy. Just in the past few Justice, Commerce and State, local law Russian Federation more broadly. months, we have witnessed significant enforcement, and members of the tech- As the two largest nuclear com- data breaches involving Sony and Epsi- nology and privacy communities. plexes, the United States and Russia lon that impact the privacy of millions As the ECPA approaches its silver play an essential role in setting global of American consumers. We are also anniversary, I join the many privacy standards. We have worked effectively learning that smartphones and other advocates, technology leaders, legal together on non-proliferation initia- new mobile technologies may be using scholars, and other stakeholders who tives through the Nunn-Lugar program and storing our location and other sen- support reform of the ECPA in cele- for nearly a generation. But our co- sitive information, posing new risks to brating all that this law has come to operation in nuclear energy is not as privacy. symbolize about the importance of pro- well known. When I led the effort to write the tecting Americans’ privacy rights in Russia has long been America’s larg- ECPA 25 years ago, no one could have cyberspace. I hope that all Members est foreign partner in nuclear power contemplated these and other emerging will join me in commemorating this through the HEU-LEU Agreement of threats to our digital privacy. But important milestone anniversary and 1993. Better known as the ‘‘Megatons- today, this law is significantly out- in supporting the effort in Congress to for-Megawatts’’ agreement, Russia’s dated and outpaced by rapid changes in update this law to reflect the realities nuclear corporation Rosatom has con- technology and the changing mission of the digital age. verted fissile material from thousands of our law enforcement agencies after of weapons into energy for American September 11. At a time in our history f homes and businesses. Nearly half of when American consumers and busi- the fuel used in U.S. reactors is of Rus- nesses face threats to privacy like no TRIBUTE TO BARRIE DUNSMORE sian origin, which accounts for 10 per- time before, we must renew the com- Mr. LEAHY. Mr. President, Vermont cent of the electricity produced in this mitment to the privacy principles that benefits both by the people who were country. gave birth to the ECPA a quarter cen- born there and those who come to In terms of nuclear technology, we tury ago. That is why I am working to Vermont and make us even better. have a lot to learn from one another. If update this law to reflect the realities One of those people who has chosen the event at the Fukushima reactors in of our time. Vermont is Barrie Dunsmore, who be- Japan has taught us anything, it’s that Before the end of the calendar year, fore his change in careers had been one nuclear safety is an issue that crosses the Judiciary Committee will consider of the foremost reporters and com- borders. The recent signing of the legislation that I have drafted to up- mentators on the national news scene. ‘‘Joint Statement on the Strategic Di- date the ECPA and to bring this law When he and his wife, Whitney Taylor, rection of U.S.-Russian Nuclear Co- fully into the digital age. My bill and his daughter, Campbell, came to operation’’ between Rosatom and the makes several commonsense changes Vermont, we Vermonters have bene- Department of Energy is a good exam- to the law regarding the privacy pro- fitted by his columns in The Rutland ple and will take advantage of Russian tections afforded to consumers’ elec- Herald and his commentary on technological leadership on advanced tronic communications. Among other Vermont Public Radio. Recently Barrie reactors with passive safety systems. It things, my bill gets rid of the so-called took a number of his columns and col- recognizes that the long-term answers ‘‘180-day rule’’ and replaces this con- lected them in a book, ‘‘There and on nuclear safety will be a new genera- fusing mosaic with one clear legal Back.’’ I could not begin to do his tion of inherently safe reactors. standard for protection of the content writings justice, but my wife Marcelle

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The notes offer only a would not fall victim to the affliction that media, and most people would have accepted hint of what awaits in the book, which hits many old men and induces them to them as such. Sad to say, that is something I read with pleasure at our home in claim that everything that has happened in which large and growing numbers of people Vermont. their field since they retired is a disaster. I no longer do. I ask unanimous consent that Mr. confess in recent years being true to that Barrie Dunsmore’s remarks be printed vow has been a real challenge. Actually, f in the RECORD. when I did a series of lectures to the jour- There being no objection, the mate- nalism classes at Vermont’s Saint Michael’s VETERANS’ COMPENSATION COST- OF-LIVING ADJUSTMENT ACT OF rial was ordered to be printed in the College last year, I suggested the students look at me as an archeologist might view a 2011 RECORD, as follows: relic from the past that is more or less in- Mrs. MURRAY. Mr. President, today, THERE AND BACK tact, and might provide some useful informa- (By Barrie Dunsmore) tion. as chairman of the Senate Committee Thank you Senator Leahy for being here During my four decades as an active re- on Veterans’ Affairs, I would like to tonight with your wife Marcelle, and for porter, there were major technological show my strong support for Senate pas- your kind words. I also thank you for your changes in network television news—going sage of S. 894, the Veterans’ Compensa- constant support for my columns and com- from black and white film to color; shifting tion Cost-of-Living Adjustment Act of ments over many years. Having you in my from film to videotape; the advent of high- 2011. camp has been an inspiration. quality hand held cameras. And, finally of Thank you to Holly Johnson, the propri- course, the coming of the communications Effective December 1, 2011, this meas- etor of Wind Ridge Publishing. If you had satellite. That significantly changed every- ure directs the Secretary of Veterans not had faith that my writing deserved a thing. It meant there would be no more wait- Affairs to increase the rates of vet- wider audience outside Vermont, there would ing for three days for the film from Vietnam erans’ compensation to keep pace with be no book and we would not be here this or the Middle East to arrive in New York. a rise in the cost-of-living, should an evening. But much more important, it became pos- adjustment be prompted by an increase Last, but certainly not least, I wish to sible to have live coverage of news events in the Consumer Price Index, com- thank my wife, Whitney Taylor. She is tire- virtually anywhere in the world. monly known as the CPI. Referred to less in encouraging me and steadfast in sup- Yet as great as those changes were, they as the COLA, this important legisla- porting me. She is an excellent editor and pale in comparison to how the new informa- my most important audience. She always tion technologies have totally revolutionized tion would make an increase available reads my material before I send it out. And the media. The Internet and the almost uni- to veterans at the same level as an in- if she doesn’t get something I know nobody versal use of the personal computer and the crease provided to recipients of Social will—so I make changes accordingly. cell phone have had an extraordinarily pro- Security benefits. There are others who are deserving of my found impact on the reporting of news, not All of my colleagues on the Com- thanks but I promise I won’t bore you kind to mention redefining what constitutes mittee on Veterans’ Affairs, including folks who probably aren’t interested in my news—and who or what is a reporter. Many Ranking Member BURR and Senators high school Latin teacher who made me such consider this a good thing—a notion I do not ROCKEFELLER, AKAKA, SANDERS, BROWN a great writer. entirely share. Seriously I make no such claim, but I am I will say this about the new tech- of Ohio, WEBB, TESTER, BEGICH, a writer. In fact over the last decade—includ- nologies—they are not inherently good or ISAKSON, WICKER, JOHANNS, BROWN of ing my columns, radio and television com- bad. Like all of their revolutionary prede- Massachusetts, MORAN, and BOOZMAN mentaries, book reviews and speeches—I cessors, such as the telegraph or moveable join me in supporting this important have written about a half a million words. type, they are neutral instruments. Whether To put that into perspective, Tolstoy’s War legislation. I look forward to our con- they serve society—or subvert it—depends on and Peace in Russian runs 460,000 words. tinued work together to improve the how these new tools are being used, by whom I’m not talking about quality here, but in lives of our Nation’s veterans. quantity, my body of work is greater than and to what ends. Last year, Congress passed, and the War and Peace. But you’ll be happy to know For me, one of the more troubling con- sequences of this latest revolution is that by President signed into law, Public Law the book contains only a fraction of that. 111–247, which would have increased Let me explain the title of the book, siphoning off huge portions of ad revenues, veterans’ compensation rates had there ‘‘There and Back.’’ the Internet and its social networks have The first section, called THERE, contains threatened the financial viability of the been an increase in the CPI. While columns and commentaries that deal largely mainstream media—and as a consequence, there was no cost-of-living increase in with events taking place in foreign lands have undermined the credibility of the news 2011; the 2012 adjustment will be 3.6 over THERE in this century—but seen media as one of the key institutions that percent. through the prism of events I covered in the make democracy work. The COLA affects so many important Thomas Jefferson repeatedly said it. And last century. For example, I wrote about the benefits, including veterans’ disability Arab Spring in Egypt last February, in the the philosophers of ancient Greece appar- compensation and dependency and in- context of my long experience in Egypt and ently believed it: In order to survive, democ- particularly my contacts with the late presi- racy needs to have a relatively well-informed demnity compensation for surviving dent Anwar Sadat. electorate. The people cannot wisely choose spouses and children. It is projected The section called BACK contains articles their leaders if they don’t have at least a that over 3.9 million veterans and sur- addressing the politics, culture and media of basic understanding of the issues and of the vivors will receive these benefits in fis- America—since I’ve been in retirement, consequences of the choices they are mak- cal year 2012. BACK here in the United States. ing. Mr. President, our Nation’s veterans The items in this section reflect a some- What worries me most about the declining are hurting. The cost of food and fuel what detached view of America as a former role of the mainstream media in today’s foreign and diplomatic correspondent might world, is that in spite of all the various new continue to rise. Failing to pass a cost- see it. The title of the book, and the concept, platforms to provide and dispense informa- of-living adjustment will have serious were suggested by my principal editor Emily tion—ironically, maybe because of all these effects on the quality of life veterans Copeland to whom I am most grateful. choices—there is evidence that the elec- deserve. We have an obligation to care

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00077 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6866 CONGRESSIONAL RECORD — SENATE October 20, 2011 for our brave veterans and their fami- Mrs. Oates: Thank you very much. rying on without him seems insurmountable. lies by providing them with the com- Senator Baucus: You’re very welcome. However, I am confident that the wisdom pensation needed to maintain a quality Jerry shared and the lessons we learned from EULOGY FOR JERRY HILDEBRAND him will enable us to achieve what now feels standard of life. (Written by Suzanne Simonetta) almost impossible. Our greatest tribute to I ask my colleagues to keep our Jerry will be to continue his legacy of excel- I’m speaking this evening on behalf of promise to our Nation’s veterans by lence. working together to ensure this benefit those of us who had the privilege of working with Jerry Hildebrand in the Unemployment f remains available and is not dimin- Insurance (UI) program to give you a sense ished by the effects of inflation. RECOGNIZING INTERNATIONAL of what he meant to us. CREDIT UNION DAY f Jerry was a scholar. One of Jerry’s most impressive professional gifts was the depth Mrs. FEINSTEIN. Mr. President, TRIBUTE TO JERRY HILDEBRAND and breadth of his knowledge. I was con- today I wish to recognize the impor- Mr. BAUCUS. Mr. President, I ask stantly awed by him—particularly by how tance and many achievements of credit unanimous consent to have a memorial much he remembered without even having to unions worldwide in celebration of the to the extraordinary life and service of check his files. More important than his 63rd annual International Credit Union Jerry Hildebrand printed in the CON- knowledge, and love of learning in general, Credit Day. was his ability to critically think about the GRESSIONAL RECORD. The difference credit unions make in information he knew—What does this mean? the United States by providing afford- There being no objection, the mate- Why is it important? What are the implica- rial was ordered to be printed in the tions? He always had the answer. The able and safe financial services to RECORD, as follows: English major in Jerry made him an excel- many Americans of moderate means EXCERPTS TAKEN FROM A SENATE FINANCE lent writer as well—always pruning a docu- has been significant and widely recog- COMMITTEE HEARING TITLED REDUCING ment to reduce it to its essential elements nized. OVERPAYMENTS AND INCREASING QUALITY IN and clarifying its intent. However, the contributions credit THE UNEMPLOYMENT SYSTEM CONDUCTED ON Jerry was a passionate advocate for the unions have made on an international MAY 25, 2010 Unemployment Insurance program. He was a scale are equally notable. Since the Senator Baucus: Last week, the Obama Ad- worthy heir to the Wisconsin intellectual mid-1800s, credit unions have estab- ministration announced a proposal to ad- tradition that led to the creation of the UI lished themselves in communities dress these issues. The proposal seeks to rein program in 1935. Jerry truly believed UI was around the world struggling with social in overpayments by making the unemploy- the most important program in the Employ- dislocation, political unrest, and eco- ment and Training Administration. He felt ment insurance program more efficient. nomic depression as a means to pro- Today, we will walk through that proposal. strongly about the insurance principles upon Under the administration’s proposal, which it is based—payments to individuals mote economic growth and democratic states could use a portion of the money that who lost their jobs through no fault of their practices at the local level. Today, they recover from overpayments to strength- own. Jerry believed in the importance of up- more than 54,000 credit unions provide en their program integrity activities. States holding the original intent of the UI program financial services to more than 186 mil- would also be required to impose financial and protecting workers’ rights. He dedicated lion members in 97 nations. Nationally, penalties on people who defraud the pro- his entire career to achieving these goals. credit unions provide financial services gram. Jerry was a dedicated public servant. He to more than 93 million Americans. Under the proposal, employers would be re- was a consummate professional. Everyone Credit unions make a difference on a quired to report the start dates of new em- with whom he worked knew that they could count on Jerry to give them his best effort. global scale by providing access to af- ployees. That will help to identify bene- fordable financial services for those ficiaries who have returned to work in a dif- Jerry cared very deeply about his work and ferent state but continue to receive unem- held himself to the highest standards. who otherwise would have been ex- ployment benefits. Though he might grumble and grouse to us cluded from the financial sector. Such The administration’s proposal is just one about the fire drill du jour, he always got the financial services include the provision solution. States and private industry have job done. During the last two years in par- of small savings and loans, which en- also devised systems that reduce overpay- ticular, with so much attention being paid to able some of the poorest individuals in ments. They also have ideas on how to unemployment and so much UI legislation the world to start their own micro- streamline unemployment insurance. I look being enacted, so much had been demanded enterprises, improve household sta- from Jerry. And he always delivered. He was forward to learning more about these pro- bility and stimulate growth in their posals today. one of the hardest working people I know. Let’s recognize the problem that we have Jerry touched the lives of millions of communities. Credit unions are the in our Nation’s safety-net programs. Let’s Americans without them ever knowing it. largest source of these microfinance grab the chance to do our best to correct the Jerry was a very modest, humble man. Some services in countries as diverse as Co- overpayments, and let’s redouble our efforts of you may not be aware that during the last lombia, Kenya, Russia, Mexico, Thai- to make the government work more effi- 10 years, Jelly wrote many of the Federal land, and Rwanda. ciently. laws relating to unemployment insurance Credit unions are also at the fore- I would like to turn to our witnesses. First, and much of the guidance for states that op- front of expanding access to finance for we will hear from Jane Oates, Assistant Sec- erate these programs. When you think back people living in rural areas who can’t on some of the major events in our nation’s retary of Employment and Training at the afford the time or money it takes to Department of Labor. Ms. Oates, it is a recent history—the terrorist attacks on Sep- pleasure to welcome you back. I was sad- tember 11, 2001, Hurricane Katrina, the cur- visit a financial institution. Credit dened not to see Jerry Hildebrand sitting be- rent recession—Jerry worked to support the unions are working with the World hind you. His passing is a great loss. He pro- people affected. Whether it was the new ben- Council of Credit Unions, WOCCU, to vided tremendous advice and information efits program for airline workers after 9/11, introduce a variety of innovative tech- honestly and accurately to all of us who modifications to the disaster unemployment nology solutions to bank the unbanked asked; he was a tremendous public servant. assistance program after Katrina, the seem- in rural areas. In Mexico, credit union We wanted you to know personally, and his ingly countless benefit extensions we cur- officers carry hand-held personal dig- family to know that we’re thinking of him rently have, or certifying billions of dollars ital assistant, PDA, devices to conduct of payments to states that expand eligibility and very saddened that he is no longer with financial transactions with members in us. for UI benefits, Jerry’s contributions helped Mrs. Oates: We cannot thank you enough make it happen. His efforts lessened the bur- communities located up to 90 minutes for that. My career spans from the 1970s. A den that so many individuals and families from the credit union office. In Kenya, loss of that magnitude is just hard to get face because of unemployment. Peru, and Mexico, point-of-sale devices over. The whole career staff is remarkable Jerry was a truly decent human being. enable credit unions to partner with but Jerry was the high water mark. He is Though a reserved man, Jerry’s actions local merchants in rural areas, allow- sorely missed every day, particularly by me spoke volumes about his character. He was ing members to deposit and withdraw when we were prepping for this hearing. honest, fair, reasonable, reliable and dedi- money from their credit union ac- Senator Baucus: Well he was a tremendous cated. Jerry was well respected by all who counts. Finally, mobile banking capa- man. knew him. I couldn’t have asked for a better Mrs. Oates: Thank you so much Senator. boss. bilities in Mexico will enable members And we will make sure his wife and daughter Jerry was taken from us too soon. We all to check their balances and transfer get your——. feel his loss so profoundly—both personally funds without leaving their homes. Senator Baucus: We just want you to know and professionally. The void left behind is In addition, credit unions throughout how much he meant to all of us. unbearable and the daunting task of car- the world are filling the agricultural

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00078 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6867 lending gap that has kept the vast ma- and internship programs that focus on Mr. Kelly is equally active in com- jority of small farmers stuck in low- environmental and Native American munity affairs. He once served as an production, low-return cycles. In coun- issues, as well as promoting environ- assistant district attorney and also tries such as Peru, Kenya, and Colom- mental conflict resolution. was chairman of the Oklahoma Bank- bia, credit unions are taking an inte- I know Senator MARK UDALL agrees ers Association, and he is currently grated, value-chain approach to financ- with me when I say that Terry Bracy is chairman of the Oklahoma Turnpike ing that includes access to agricultural the Udall Foundation. Over the past 17 Commission. No wonder Kell Kelly has training and markets for farmers to years, he has continually pushed the been called the most influential non- sell their products. As a result, farmers Foundation to new heights—developing politician in Oklahoma. Education, are not only increasing their incomes new programs, providing new opportu- transportation, and local business de- and producing more food for their fam- nities for young people, and finding velopment are all key elements of ilies, they are also playing a role in se- new ways to make a difference on Kell’s community involvement. He un- curing their nations’ food supply. issues relating to the environment and derstands that the purpose of a com- U.S. credit union members, staff and tribal communities. munity bank is to build a community. leagues, along with the Credit Union He created an organization to inspire Kell is also a champion of empower- National Association and the U.S. Gov- young people to tackle the tough pol- ment. Five years ago he started a pro- ernment support the global work of icy problems that confront our nation. gram among his bank employees, credit unions and WOCCU. Through And Terry deeply cares about the stu- teaching them how to write letters and WOCCU’s International Partnerships dents that are touched by the founda- speak with government officials about Program, 25 U.S. credit union leagues tion’s various programs. public policy issues. So far, 65 are matched with developing credit After the Washington internship pro- SpiritBank employees have been union movements overseas to encour- gram, Terry and his lovely wife, Nancy, trained to be volunteer citizen-activ- age the direct transfer of technology, always got us all together. Early on, it ists regarding the various issues that skills, and experience among peers was at their house in Virginia. The concern them. across borders. Senator from Colorado and I would an- Kell’s insight as a community banker I ask you and my other distinguished swer questions and share our experi- will be vital in rolling back the exces- colleagues to join me in commending ences with these exceptional young sive intrusion into the day-to-day busi- the work of credit unions, both domes- people, getting to know a new genera- ness of banking that is stifling our Na- tion’s economic recovery tically and internationally, for pro- tion of leaders who, thanks to Terry, Banking is not only a barometer of viding vital financial services that im- were inspired to carry on the torch of public service. economic health but also one of the prove the lives of people demonstrating key drivers of an economy. Under Kell the greatest need around the world. By Under his leadership, the foundation also created the Native Nations Insti- Kelly’s leadership, we can expect the providing the world’s poor with the American Bankers Association to be a most basic financial services, credit tute, accepted stewardship of the U.S. Institute for Environmental Conflict strong advocate for more sustainable unions help expand job opportunities, and more responsible banking policy Resolution from Congress, and most re- improve local economies and promote and, God willing, to lead the way to a cently, established the Stewart L. democracy. In short, credit unions strong and lasting economic recovery Udall Parks in Focus Program. offer a sustainable development solu- for our Nation.∑ tion to some of the world’s poorest And while he has always looked for- countries, and this is the ‘‘credit union ward to what the foundation could be- f difference.’’ come, he has also continually rein- TRIBUTE TO TERRY BRACY f forced the legacy of the two Udall ∑ Mr. UDALL of Colorado. Mr. brothers. It was Terry who pursued ADDITIONAL STATEMENTS President, I rise today to pay tribute changing the name of the organization to an outstanding public servant, Ter- to the Morris K. Udall and Stewart L. rence L. Bracy, who has chaired the Udall Foundation, after two brothers UDALL FOUNDATION Udall Foundation board of trustees for whose joint legacy as public servants ∑ 17 years. Mr. UDALL of New Mexico. Mr. and environmental visionaries will en- In 1 week, Terry, as his friends call President, in 1992, Congress created the dure through the ages. The dedication him, will step down from his longtime Udall Foundation, to honor the service ceremony in 2009 was the final public role as chair of the board. of Mo Udall, my uncle, and father of appearance of my father before his In light of his impending retirement the Senator from the great State of passing, and I know he was deeply hon- from the Udall Foundation board, it is Colorado, MARK UDALL. In 2009 that ored and appreciative of the hard work fitting that we commemorate Terry’s mandate was expanded to also honor of his friend Terry. groundbreaking work on behalf of the the service of my dad, Stewart Udall, I would like to extend my thanks to foundation. and a legacy of two brothers who Terry for his service to this nation in For those of my colleagues who may fought to preserve and protect our en- preserving the legacy of two American not be familiar with the Udall Founda- vironment and advocate on behalf of brothers who fought to change the tion, Congress created the foundation Native people. world, and for continuing to champion as an independent Federal agency in The Udall Foundation would not be the causes to which they dedicated 1992, in honor of my late father, former what it is today without the tireless their lives.∑ Arizona Congressman Morris K. ‘‘Mo’’ work of one man—Terrence L. Bracy. f Udall. The foundation, in fact, is Terry’s been there since the very be- headquartered in Tucson, AZ, in the ginning and has served as chairman of TRIBUTE TO ALBERT KELLY congressional district that Mo Udall the foundation for 17 years, appointed ∑ Mr. COBURN. Mr. President, I rise proudly served for 30 years. by both President Clinton and Presi- today to congratulate and commend an In 2009, Congress enacted legislation dent George W. Bush. At the end of this outstanding citizen of my State. to honor Stewart L. Udall, Mo’s older year, Terry will step down from the Next Tuesday, October 25, Albert brother, by adding his name to the board, closing the first chapter of the ‘‘Kell’’ Kelly of Bristow, OK, will take foundation. It is now known as the Udall Foundation . . . and I rise today office as the new chairman of the Morris K. Udall and Stewart L. Udall to express my deep gratitude to him for American Bankers Association. Mr. Foundation. My uncle Stewart was a his service to the Foundation and hon- Kelly is CEO Of SpiritBank in Bristow, congressman and also served for 8 oring the Udall legacy. part of a family-owned cluster of busi- years as U.S. Secretary of the Interior What started as only a vision is now nesses which includes farming, ranch- under Presidents Kennedy and John- an organization dedicated to educating ing and banking enterprises. In fact, son, and Uncle Stewart’s son is none a new generation of Americans to pre- even now, Kell continues to work his other than Senator TOM UDALL of New serve and protect their national herit- 900-acre ranch whenever he is not trav- Mexico, with whom I am proud to serve age through scholarship, fellowship, eling. in this Chamber.

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I am sorry With this ethic as his lodestar, Terry thanks to Terry’s hard work. that I won’t be able to attend the func- has led the board of the foundation, Terry is a one-of-a-kind leader, and tion, as I will be on international trav- whose members are appointed by the he has nurtured and grown the founda- el. But while I can’t be there in person, President and confirmed by the Senate, tion from a mere idea into a respected I will be there in spirit, applauding from its inception. And over the past and established independent institu- Terry for everything that he has done two decades, Terry has helped define tion. for the foundation and its important and hone the foundation’s mission, en- Terry’s retirement means that a new mission. abled it to grow and flourish, and en- leader will take the helm of the foun- In the meantime, I urge everyone in sured that it had the necessary re- dation’s board. We all know that this body to join me in recognizing sources to do its work. change is never easy, but I am con- Terry Bracy for his many significant As set forth in its founding legisla- fident the foundation will thrive for contributions. Terry, thank you.∑ tion, the purposes of the foundation are many years to come because Terry laid f many: to increase the awareness of, the such solid ground on which to continue TRIBUTE TO KATHY CLONINGER, importance of, and promote the benefit to build. And the top-rate staff Terry CEO OF GIRL SCOUTS U.S.A. and enjoyment of, the Nation’s natural helped assemble will ensure a con- resources; to foster a greater recogni- tinuity that will keep the foundation ∑ Mr. ALEXANDER. Mr. President, tion and understanding of the role of on mission. Senator CORKER and I wish to recognize the environment, public lands, and re- On a more personal level, I observe Kathy Cloninger for her outstanding sources in the development of the that Terry is the consummate compet- service as the chief executive officer of United States; to identify critical envi- itor—whether on the golf course or in Girl Scouts of the USA for the past 8 ronmental issues; to develop resources the legislative arena—and he has never years and her 28 years of service to the to train professionals properly in envi- shied away from a fight if it was nec- Girl Scouts movement. ronmental and related fields; to pro- essary to get the right things done. Kathy is a shining example of Amer- vide educational outreach regarding I also note that during the time that ican leadership and service. She has de- environmental policy; to develop re- he led the foundation’s board of trust- voted her life to girls and to one of sources to train Native American and ees, Terry also ran his own successful America’s most treasured institutions. Alaska Native professionals in health firm and played an active role in his We honor her today for a career that care and public policy; and through the community. His commitment to public has been dedicated to building girls of U.S. Institute for Environmental Con- service meant that he took time away courage, confidence, and character who flict Resolution, provide assessment, from his own business—and more im- make the world a better place. mediation, and other related services portantly, his family—to oversee the Kathy’s journey with Girl Scouts to resolve environmental disputes in- foundation’s work. Those are the sac- began in 1983 and spanned more than volving Federal agencies. rifices of a true public servant. two decades of service as the head of In pursuit of these purposes, under My father had that same core—he Girl Scout councils in Tennessee, Terry’s leadership, the foundation has passionately believed that public serv- Texas, and Colorado. During her tenure instituted several programs, including ice was an honorable calling. It is little as CEO of the Girl Scouts of Cum- the following: annual scholarships and wonder that Mo Udall hired Terry as berland, TN, Girl Scout membership in fellowships to outstanding students his chief of staff many years ago in the our region rose to more than 25,000 who intend to pursue careers related to U.S. House. Hand in hand with Rep- girls—an increase of nearly 40 percent. the environment; annual scholarships resentative Mo Udall, Terry worked on She was also responsible for creating and internships to outstanding Native historic pieces of legislation that have an outreach program that tripled the American and Alaska Native college protected our Nation’s public lands and number of African-American Girl students who intend to pursue careers ensured that our government lived up Scouts, increased the participation of in health care and tribal public policy; to its obligations to Native Americans. Hispanic girls, and brought more than Parks in Focus, which takes young As my dad used to say, ‘‘If the good 1,000 girls in public housing into the people into national and State parks to guys don’t get involved, the scoundrels program. expose them to the grandeur of the Na- will.’’ I know my dad would say that Since assuming her role as CEO of tion’s natural resources and instill a Terry Bracy’s support and loyalty were Girl Scouts of the USA in 2004, Kathy sustainable appreciation for the envi- invaluable to his own career. And Mo has transformed the Girl Scout move- ronment; and the Native Nations Insti- would be the first in line to heartily ment. Under her guidance, the Girl tute for Leadership, Management, and congratulate Terry on his successful Scouts accomplished the remarkable Policy, NNI, which focuses on leader- tenure heading the foundation’s board task of successfully merging 315 coun- ship education for tribal leaders and on and creating a lasting public service cils down to 112 high-performance policy research. The Udall Foundation legacy. councils nationwide. Kathy has unified and the University of Arizona co- Terry wasn’t just important to my the Girl Scout movement around a founded NNI, building on the research dad, he was important to my Uncle common mission and business strategy, programs of the Harvard Project on Stewart. And I want to mention that it laying a sound foundation for success American Indian Economic Develop- was Terry who suggested changing the as the organization looks towards its ment. official name of the Udall Foundation 100th anniversary and beyond. Moreover, the foundation works in to recognize my uncle, the late Stewart Kathy’s service goes well beyond Girl cooperation with the Udall Center for L. Udall as well. Scouts. She has received numerous Studies in Public Policy at the Univer- My dad and my uncle were extremely awards for her work on behalf of youth sity of Arizona on various activities, close, and Terry believed that naming empowerment and the nonprofit com- including environmental research and the foundation for both Udalls, on one munity, including Nonprofit CEO of conflict resolution. level, brought them together again. the Year 2000 from the Center for Non- One of the foundation’s most out- The christening of the foundation’s profit Management. In 2010, Kathy was standing initiatives is the Native building in Tucson, AZ, 2 years ago was named one of the ‘‘21 Leaders for the American Internship Program. This the last significant public appearance 21st Century’’ by Women’s eNews. program provides Native American and that Stewart made before he died, and Mr. President, we ask our colleagues Alaska Native students with an oppor- it was a proud and moving day for all to join us in thanking Kathy Cloninger tunity to learn about Congress, Cabi- of us. I treasure the photos that were for nearly 30 years of service to the

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00080 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6869 Girl Scouts and our country. Kathy plains how their founding principles 1844. Mechanization was replacing skilled leaves Girl Scouts on the eve of its continue to guide cooperatives today. workers with unskilled labor. Weavers were 100th anniversary, with a mission and As Mr. Zimmerman points out, co- being replaced with machines that produced program that is as critically important operatives form the basis of life in quantity without much regard for quality. many rural communities. Cooperatives These tradesmen, driven into poverty by in- today as it was 100 years ago. We wish dustrialization, banded together to open her the best in all of her continuing have shaped the landscape of American their own store. They designed the Rochdale work for girls nationwide, and we wel- agriculture and rural way of life. For Principles to govern their business and they come her back home to Tennessee.∑ example, their pioneering organization pooled their meager capital to stock their f led to memberowned and operated store with simple necessities at affordable Rural Electric Associations. These co- prices. They were so successful that, in the TRIBUTE TO AMBER AUGUSTUS ops first brought electricity to many next 10 years, more than 1,000 co-ops sprang ∑ Mr. COONS. Mr. President, it is small Wyoming communities. Addi- up in Great Britain. with great pleasure that I rise to honor tionally, cooperatives help many small Cooperatives worldwide still subscribe to the Rochdale principles that guided these the 2012 recipient of the Delaware Wyoming farmers and ranchers keep first cooperators to success. There are seven Teacher of the Year Award, Mrs. their costs low by purchasing needed original principles: Amber Augustus. For over 7 years, Mrs. inputs such as fertilizer, seed, and fuel 1. Open, voluntary membership Augustus has been providing Delaware at a discount. They accomplish this by 2. Democratic governance (one member, children with an exceptional education pooling their purchasing power and one vote) in the fields of Social Studies, Math, buying farm inputs with volume pric- 3. Members control capital and equity ing, thus taking advantage of their col- 4. Autonomous, independent governance and Science. Every day Amber ap- 5. Education and training in cooperative proaches teaching with an unyielding lective economy of scale. principles determination and passion that fosters The author also notes how coopera- 6. Cooperation among cooperatives a wonderful learning environment for tives market their goods together as 7. Commitment to their communities her students. Today, I give thanks to well. This allows buyers to source larg- Agricultural cooperatives have played a her and all the teachers across the er volumes of a product from a single huge role in developing and sustaining local agriculture here in Wyoming and across the state of Delaware who help foster a seller, rather than attempting to pro- cure a similar volume from many dif- West. Wyoming agriculture has created and love for learning and a desire for benefited from three general types of cooper- knowledge with every student they ferent sellers. This increased procure- ative: service, supply and marketing. Each teach. ment efficiency allows buyers to offer type fills a different role in our state. It is essential that we continue to higher prices to the co-op members The service cooperative, as its name sug- take the time to honor excellent edu- than they would otherwise receive. gests, provides its member owners with a cators who are devoted to preparing American consumers also have rea- service typically not available otherwise. A the next generation of young adults. son to celebrate National Cooperative good example of this type of cooperative is Month. By contributing to increased member-owned Rural Electric Associations. Day in and day out, teachers and edu- Had it not been for the vision and hard work cators across the country are tasked efficiency, both in the way farm inputs are purchased and outputs are sold, of the founding members of these co-ops, with the enormous responsibility of rural Wyoming would have remained without preparing our children for their futures consumers as well as co-op members electricity many years longer. Co-ops em- and helping them to achieve their benefit. Cooperatives provide lower phasize benefits to members rather than dreams. It is imperative that we en- prices to the final consumer by keeping measuring their results in raw profits, so courage our teachers and thank them the cost to produce and market their small ‘‘local’’ electric utilities were able to for inspiring our youth to be all that goods and services down. address the need. Two of the founding principles of co- The supply cooperative offers its members they can be. Mr. President, teachers the opportunity to buy inputs and raw mate- like Amber Augustus are shining exam- operatives are cooperation among co- operatives and commitment to their rials at prices competitive with the volume ples of the generous and giving spirit of discounts offered to the industrial corpora- the American people. communities. I would like to acknowl- tions they must compete with. Typically the I congratulate Mrs. Amber Augustus edge and recognize Scott Zimmerman co-op can offer the supply item at volume on being named the 2012 Delaware and all co-op members who assist in pricing based on the buying power of the en- Teacher of the Year. Her hard work bringing safe, wholesome, and afford- tire membership, and typically the coop will and dedication to her students and the able food to our tables in a spirit of co- deliver to small, independent operations. Many rural Wyoming agricultural commu- state of Delaware is greatly appre- operation and community involve- ment. nities have been home to ‘‘fuel and supply’’ ciated. On behalf of all Delawareans, I cooperatives. These operations offered fuel, extend my thanks to each and every There being no objection, the mate- rial was ordered to be printed in the seed, fertilizer and farm and ranch supplies teacher who was nominated for this to their members. Cenex is a well-known ex- coveted award and to the continued ef- RECORD, as follows: ample of this type of cooperative that is still forts of teachers across the country to COOPERATIVES CONTINUE TO SHAPE THE part of the Wyoming landscape. LANDSCAPE IN RURAL WYOMING invest in and provide quality education The marketing cooperative typically pools (By Scott Zimmerman, Cooperatives to America’s youth.∑ its members’ goods and offers them for direct Specialist, Rocky Mountain Farmers Union) sale to obtain the best price. Grain or com- f October is being celebrated across the U.S. modity marketing cooperatives fall into this NATIONAL COOPERATIVE MONTH as National Cooperative Month, and Gov- category, as well as the co-op food markets ernor Matt Mead has signed a proclamation that benefit both consumers and producers. ∑ Mr. BARRASSO. Mr. President, I declaring Cooperative Month in Wyoming as Starting in the late 1970s, many states wish to submit for the RECORD an arti- part of this celebration. Here at Rocky changed the legal definition of ‘‘coopera- cle written by Scott Zimmerman, co- Mountain Farmers Union and our Coopera- tive,’’ and a new kind of co-op emerged. New- operatives specialist with the Rocky tive Development Center we applaud the generation cooperatives in rural America Mountain Farmers Union and pub- Governor’s action, and we join with him in adapt traditional cooperative structures to lished October 15, 2011, in the Wyoming saluting cooperatives nationwide. the increasing need for capitalization. Some To understand what cooperatives mean states now allow capital investors to partici- Livestock Journal. The article’s title is today, it helps to understand the history of pate as voting members. This kind of co-op ‘‘Cooperatives Continue to Shape the cooperatives. The cooperative movement often is an agricultural processor adding Landscape in Rural Wyoming.’’ began in Europe in the 19th Century, not value to a primary product. Capitalized by Across the country, October is cele- long after the beginning of the Industrial investors and run democratically by mem- brated as National Cooperative Month. Revolution. The increasing mechanization of bers, they might be producing ethanol from With the fall harvest season upon us, the European economy transformed society. corn, pasta from durum wheat or gourmet our Nation’s farmers are seeing the It threatened the livelihoods of skilled work- cheese from goat’s milk. The highly success- fruits of their labors. Gov. Matt Mead ers and destroyed businesses too small to ful Mountain States Lamb Cooperative, headquartered in Douglas, is an example of has declared October Cooperative compete with industrial giants. Labor and social movements attempted to address the such a cooperative. Month in my home State of Wyoming. need for change. Rocky Mountain Farmers Union takes co- In his article, Scott Zimmerman traces The Rochdale Society of Equitable Pio- operation as one of its founding principles, the history of cooperatives and ex- neers was formed in Rochdale, England in and we have promoted cooperative solutions

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00081 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6870 CONGRESSIONAL RECORD — SENATE October 20, 2011 to rural and agricultural challenges for more ments to Procedures for Certain Determina- Gasoline’’ (FRL No. 9482–1) received in the than 100 years. Since 1991, our foundation has tions and Decisions’’ (RIN0960–AG72) re- Office of the President of the Senate on Oc- been a leader forming and assisting coopera- ceived in the Office of the President of the tober 18, 2011; to the Committee on Environ- tives of all types. Our Cooperative Develop- Senate on October 18, 2011; to the Committee ment and Public Works. ment Center, created in 1996, has used fund- on Finance. EC–3652. A communication from the Direc- ing from Rural Cooperative Development EC–3643. A communication from the Chief tor of Congressional Affairs, Nuclear Regu- Grants (RCDG) awarded each year by USDA- of the Trade and Commercial Regulations latory Commission, transmitting, pursuant Rural Development to support our coopera- Branch, Customs and Border Protection, De- to law, the report of a rule entitled ‘‘Final tive development work in Colorado, New partment of Homeland Security, transmit- Division of Safety Systems Interim Staff Mexico and Wyoming. In the Center’s 15 ting, pursuant to law, the report of a rule en- Guidance DSS–ISG–2010–01’’ received in the years we have helped design, develop, incor- titled ‘‘United States—Oman Free Trade Office of the President of the Senate on Oc- porate and manage more than a hundred co- Agreement’’ ((RIN1515–AD68)(CBP Dec. 11– tober 3, 2011; to the Committee on Environ- operatives, many of them, like Mountain 19)) received in the Office of the President of ment and Public Works. States, still thriving. We continue to seek the Senate on October 18, 2011; to the Com- EC–3653. A communication from the Direc- out and assist individuals and groups with mittee on Finance. tor of the Regulatory Management Division, ideas that may become the next successful EC–3644. A communication from the Chief Environmental Protection Agency, transmit- cooperative venture. of the Publications and Regulations Branch, ting, pursuant to law, the report of a rule en- As you can see, cooperatives have had a Internal Revenue Service, Department of the titled ‘‘Approval and Promulgation of Imple- significant role in shaping the Wyoming ag- Treasury, transmitting, pursuant to law, the mentation Plans; California; 2008 San Joa- ricultural landscape. We celebrate that role report of a rule entitled ‘‘Postponement of quin Valley PM2.5 Plan and 2007 State Strat- each year in October. RMFU and our Co-op Certain Hybrid Plan Regulations; Special egy’’ (FRL No. 9482–2) received in the Office Center will ensure that the role of co-ops Timing Rule for Section 204(h) Notice’’ (No- of the President of the Senate on October 18, will be important for years to come, and we tice No. 2011–85) received in the Office of the 2011; to the Committee on Environment and will strive to enhance that role wherever President of the Senate on October 17, 2011; Public Works. possible.∑ to the Committee on Finance. EC–3654. A communication from the Assist- EC–3645. A communication from the Assist- ant Secretary for Legislative Affairs, De- f ant General Counsel for Legislation, Regula- partment of State, transmitting, pursuant to MESSAGES FROM THE PRESIDENT tion and Energy Efficiency, Department of law, a report prepared by the Department of Energy, transmitting, pursuant to law, the State on progress toward a negotiated solu- Messages from the President of the report of a rule entitled ‘‘National Environ- tion of the Cyprus question covering the pe- United States were communicated to mental Policy Act Implementing Proce- riods June 1, 2011 through July 31, 2011; to the Senate by Mr. Pate, one of his sec- dures’’ (RIN1990–AA34) received in the Office the Committee on Foreign Relations. retaries. of the President of the Senate on October 18, EC–3655. A communication from the Sec- 2011; to the Committee on Environment and retary of Health and Human Services, trans- f Public Works. mitting, pursuant to law, the report of a pe- EC–3646. A communication from the Direc- tition to add workers from the Ames Labora- EXECUTIVE MESSAGES REFERRED tor of Congressional Affairs, Nuclear Regu- tory at Iowa State University in Ames, Iowa, As in executive session the Presiding latory Commission, transmitting, a report to the Special Exposure Cohort; to the Com- Officer laid before the Senate messages entitled ‘‘Draft Strategic Plan: Fiscal Years mittee on Health, Education, Labor, and from the President of the United 2012–2016’’; to the Committee on Environ- Pensions. States submitting sundry nominations ment and Public Works. EC–3656. A communication from the Sec- EC–3647. A communication from the Ad- retary of Health and Human Services, trans- which were referred to the appropriate ministrator, Federal Emergency Manage- mitting, pursuant to law, the report of a pe- committees. ment Agency, Department of Homeland Se- tition to add workers from the Y–12 facility (The nominations received today are curity, transmitting, pursuant to law, a re- in Oak Ridge Tennessee, to the Special Expo- printed at the end of the Senate pro- port relative to the cost of response and re- sure Cohort; to the Committee on Health, ceedings.) covery efforts for FEMA–3322–EM in the Education, Labor, and Pensions. State of Louisiana having exceeded the EC–3657. A communication from the Sec- f $5,000,000 limit for a single emergency dec- retary of Health and Human Services, trans- EXECUTIVE AND OTHER laration; to the Committee on Environment mitting, pursuant to law, the report of a pe- and Public Works. tition to add workers from W. R. Grace and COMMUNICATIONS EC–3648. A communication from the Direc- Company in Curtis Bay, Maryland, to the The following communications were tor of Congressional Affairs, Office of Nu- Special Exposure Cohort; to the Committee laid before the Senate, together with clear Regulatory Research, Nuclear Regu- on Health, Education, Labor, and Pensions. accompanying papers, reports, and doc- latory Commission, transmitting, pursuant EC–3658. A communication from the Sec- uments, and were referred as indicated: to law, the report of a rule entitled ‘‘Design- retary of Health and Human Services, trans- Basis Hurricane and Hurricane Missiles for mitting, pursuant to law, the Food and Drug EC–3639. A communication from the Under Nuclear Power Plants’’ (Regulatory Guide Administration’s annual report on the per- Secretary of Defense (Personnel and Readi- 1.221) received in the Office of the President formance evaluation of FDA-approved mam- ness), transmitting, pursuant to law, a re- of the Senate on October 11, 2011; to the Com- mography quality standards accreditation port responding to House Report 111–491, mittee on Environment and Public Works. bodies; to the Committee on Health, Edu- page 317, to accompany H.R. 5136, the Na- EC–3649. A communication from the Direc- cation, Labor, and Pensions. tional Defense Authorization Act for Fiscal tor of the Regulatory Management Division, EC–3659. A communication from the Sec- Year 2011 relative to spectrum sharing issues Environmental Protection Agency, transmit- retary of Education, transmitting, pursuant for parts of the spectrum under control of ting, pursuant to law, the report of a rule en- to law, the report of a rule entitled ‘‘State the Department of Defense (DoD) related to titled ‘‘Testing of Certain High Production Fiscal Stabilization Fund Program’’ micro-stimulators; to the Committee on Volume Chemicals; Third Group of Chemi- (RIN1894-AA03) received in the Office of the Armed Services. cals’’ (FRL No. 8885–5) received in the Office President of the Senate on October 17, 2011; EC–3640. A communication from the Under of the President of the Senate on October 18, to the Committee on Health, Education, Secretary of Defense (Acquisition, Tech- 2011; to the Committee on Environment and Labor, and Pensions. nology, and Logistics), transmitting, pursu- Public Works. EC–3660. A communication from the Chair- ant to law, a report relative to the termi- EC–3650. A communication from the Direc- man of the Council of the District of Colum- nation of the Joint Tactical Radio System tor of the Regulatory Management Division, bia, transmitting, pursuant to law, a report (JTRS) Ground Mobile Radio (GMR) pro- Environmental Protection Agency, transmit- on D.C. Act 19–170 ‘‘Returning Citizens and gram; to the Committee on Armed Services. ting, pursuant to law, the report of a rule en- Ex-Offender Services Reform Amendment EC–3641. A communication from the Direc- titled ‘‘Oil Pollution Prevention; Spill Pre- Act of 2011’’; to the Committee on Homeland tor, Office of Regulations, Social Security vention, Control, and Countermeasure Security and Governmental Affairs. Administration, transmitting, pursuant to (SPCC) Rule—Compliance Date Amendment EC–3661. A communication from the Chair- law, the report of a rule entitled ‘‘Recovery for Farms’’ (FRL No. 9681–4) received in the man of the Council of the District of Colum- of Delinquent Debts—Treasury Offset Pro- Office of the President of the Senate on Oc- bia, transmitting, pursuant to law, a report gram Enhancements’’ (RIN0960–AH19) re- tober 18, 2011; to the Committee on Environ- on D.C. Act 19–171 ‘‘Interstate Compact for ceived in the Office of the President of the ment and Public Works. Juveniles Amendment Act of 2011’’; to the Senate on October 19, 2011; to the Committee EC–3651. A communication from the Direc- Committee on Homeland Security and Gov- on Finance. tor of the Regulatory Management Division, ernmental Affairs. EC–3642. A communication from the Direc- Environmental Protection Agency, transmit- EC–3662. A communication from the Chair- tor, Office of Regulations, Social Security ting, pursuant to law, the report of a rule en- man of the Council of the District of Colum- Administration, transmitting, pursuant to titled ‘‘Regulation of Fuel and Fuel Addi- bia, transmitting, pursuant to law, a report law, the report of a rule entitled ‘‘Amend- tives: Alternative Test Method for Olefins in on D.C. Act 19–172 ‘‘Community Council for

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00082 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6871 the Homeless at Friendship Place Equitable EC–3675. A communication from the Chair- By Mr. FRANKEN (for himself and Mr. Real Property Tax Relief Act of 2011’’; to the man of the Council of the District of Colum- TESTER): Committee on Homeland Security and Gov- bia, transmitting, pursuant to law, a report S. 1741. A bill to amend the Internal Rev- ernmental Affairs. on D.C. Act 19–185 ‘‘Workforce Intermediary enue Code of 1986 to provide an investment EC–3663. A communication from the Chair- Task Force Establishment Temporary Act of tax credit for community wind projects hav- man of the Council of the District of Colum- 2011’’; to the Committee on Homeland Secu- ing generation capacity of not more than 20 bia, transmitting, pursuant to law, a report rity and Governmental Affairs. megawatts, and for other purposes; to the on D.C. Act 19–173 ‘‘Accountant Mobility Act EC–3676. A communication from the Chair- Committee on Finance. of 2011’’; to the Committee on Homeland Se- man of the Council of the District of Colum- By Mr. LEAHY (for himself, Ms. COL- curity and Governmental Affairs. bia, transmitting, pursuant to law, a report LINS, Mr. SCHUMER, Mrs. GILLIBRAND, EC–3664. A communication from the Chair- on D.C. Act 19–186 ‘‘Real Property Tax Ap- Mr. SANDERS, and Ms. SNOWE): man of the Council of the District of Colum- peals Commission Establishment Temporary S. 1742. A bill to amend title 18, United bia, transmitting, pursuant to law, a report Act of 2011’’; to the Committee on Homeland States Code, to prohibit fraudulently rep- on D.C. Act 19–174 ‘‘Howard Theatre Redevel- Security and Governmental Affairs. resenting a product to be maple syrup; to the opment Project Great Streets Initiative Tax EC–3677. A communication from the Chair- Committee on the Judiciary. Increment Financing Amendment Act of man of the Council of the District of Colum- By Mr. BROWN of Massachusetts: 2011’’; to the Committee on Homeland Secu- bia, transmitting, pursuant to law, a report S. 1743. A bill to consolidate certain Fed- rity and Governmental Affairs. on D.C. Act 19–187 ‘‘Martin Luther King, Jr., eral job training programs into a State-ad- EC–3665. A communication from the Chair- Drive Designation Amendment Act of 2011’’; ministered, market-delivered block grant man of the Council of the District of Colum- to the Committee on Homeland Security and program, and for other purposes; to the Com- bia, transmitting, pursuant to law, a report Governmental Affairs. mittee on Health, Education, Labor, and on D.C. Act 19–175 ‘‘Daylight Savings Time EC–3678. A communication from the Chair- Pensions. Extension of Hours Act of 2011’’; to the Com- man of the Council of the District of Colum- By Ms. KLOBUCHAR (for herself and mittee on Homeland Security and Govern- bia, transmitting, pursuant to law, a report Mr. NELSON of Florida): mental Affairs. on D.C. Act 19–188 ‘‘Mayor’s Council on Phys- S. 1744. A bill to provide funding for State EC–3666. A communication from the Chair- ical Fitness, Health, and Nutrition Estab- courts to assess and improve the handling of man of the Council of the District of Colum- lishment Act of 2011’’; to the Committee on proceedings relating to adult guardianship bia, transmitting, pursuant to law, a report Homeland Security and Governmental Af- and conservatorship, to authorize the Attor- on D.C. Act 19–177 ‘‘Health Professional Re- fairs. ney General to carry out a pilot program for cruitment Program Amendment Act of 2011’’; EC–3679. A communication from the Chair- the conduct of background checks on indi- to the Committee on Homeland Security and man of the Council of the District of Colum- viduals to be appointed as guardians or con- Governmental Affairs. bia, transmitting, pursuant to law, a report servators, and to promote the widespread EC–3667. A communication from the Chair- on D.C. Act 19–189 ‘‘Creditor Calling Act of adoption of information technology to better man of the Council of the District of Colum- 2011’’; to the Committee on Homeland Secu- monitor, report, and audit conservatorships bia, transmitting, pursuant to law, a report rity and Governmental Affairs. of protected persons; to the Committee on on D.C. Act 19–176 ‘‘KIPP DC—Shaw Campus EC–3680. A communication from the Execu- the Judiciary. Property Tax Exemption Act of 2011’’; to the tive Director of the U.S. Election Assistance By Mr. MENENDEZ (for himself, Mr. Committee on Homeland Security and Gov- Commission, transmitting, pursuant to law, LAUTENBERG, Ms. STABENOW, Mrs. ernmental Affairs. report entitled ‘‘2010 Uniformed and Overseas GILLIBRAND, Mrs. MCCASKILL, Mrs. EC–3668. A communication from the Chair- Citizens Absentee Voting Act’’; to the Com- BOXER, Mr. AKAKA, Mr. BEGICH, Ms. man of the Council of the District of Colum- mittee on Rules and Administration. MIKULSKI, Ms. KLOBUCHAR, Ms. COL- bia, transmitting, pursuant to law, a report EC–3681. A communication from the Dep- LINS, and Mr. SANDERS): on D.C. Act 19–178 ‘‘Public Space Permit Fee uty General Counsel, Office of Surety Guar- S. 1745. A bill to posthumously award a Waiver Amendment Act of 2011’’; to the Com- antees, Small Business Administration, Congressional gold medal to Alice Paul, in mittee on Homeland Security and Govern- transmitting, pursuant to law, the report of recognition of her role in the women’s suf- mental Affairs. frage movement and in advancing equal EC–3669. A communication from the Chair- a rule entitled ‘‘Surety Bond Guarantee Pro- gram; Timber Sales’’ (RIN3245–AG14) re- rights for women; to the Committee on man of the Council of the District of Colum- Banking, Housing, and Urban Affairs. bia, transmitting, pursuant to law, a report ceived in the Office of the President of the Senate on October 18, 2011; to the Committee By Mr. SCHUMER (for himself and Mr. on D.C. Act 19–179 ‘‘Pedestrian Safety Rein- LEE): forcement Amendment Act of 2011’’; to the on Small Business and Entrepreneurship. EC–3682. A communication from the Dep- S. 1746. A bill to amend the Immigration Committee on Homeland Security and Gov- uty Director of the Regulation Policy and and Nationality Act to stimulate inter- ernmental Affairs. national tourism to the United States; to the EC–3670. A communication from the Chair- Management Office of the General Counsel, Veterans Health Administration, Depart- Committee on the Judiciary. man of the Council of the District of Colum- By Mrs. HAGAN (for herself, Mr. bia, transmitting, pursuant to law, a report ment of Veterans Affairs, transmitting, pur- suant to law, the report of a rule entitled ISAKSON, Mr. ENZI, and Mr. BENNET): on D.C. Act 19–180 ‘‘Disposed Real Property S. 1747. A bill to amend the Fair Labor ‘‘Sharing Information Between the Depart- Procurement Clarification Amendment Act Standards Act of 1938 to modify provisions ment of Veterans Affairs and the Depart- of 2011’’; to the Committee on Homeland Se- relating to the exemption for computer sys- ment of Defense’’ (RIN2900–AN95) received in curity and Governmental Affairs. tems analysts, computer programmers, soft- the Office of the President of the Senate on EC–3671. A communication from the Chair- ware engineers, or other similarly skilled October 19, 2011; to the Committee on Vet- man of the Council of the District of Colum- workers; to the Committee on Health, Edu- bia, transmitting, pursuant to law, a report erans’ Affairs. cation, Labor, and Pensions. on D.C. Act 19–181 ‘‘United House of Prayer f By Mr. LAUTENBERG: for All People Real Property Tax Exemption REPORTS OF COMMITTEES S. 1748. A bill to amend the Truth in Lend- Act of 2011’’; to the Committee on Homeland ing Act and the Higher Education Act of 1965 Security and Governmental Affairs. The following reports of committees to require additional disclosures and protec- EC–3672. A communication from the Chair- were submitted: tions for students and cosigners with respect man of the Council of the District of Colum- By Mr. INOUYE, from the Committee on to student loans, and for other purposes; to bia, transmitting, pursuant to law, a report Appropriations: the Committee on Banking, Housing, and on D.C. Act 19–182 ‘‘DOC Inmate Processing Special Report entitled ‘‘Further Revised Urban Affairs. and Release Temporary Amendment Act of Allocation to Subcommittees of Budget To- By Mr. WARNER (for himself and Mr. 2011’’; to the Committee on Homeland Secu- tals for Fiscal Year 2012’’ (Rept. No. 112–89). WEBB): rity and Governmental Affairs. By Mr. LIEBERMAN, from the Committee S. 1749. A bill to establish and operate a EC–3673. A communication from the Chair- on Homeland Security and Governmental Af- National Center for Campus Public Safety; man of the Council of the District of Colum- fairs: to the Committee on the Judiciary. bia, transmitting, pursuant to law, a report Report to accompany S. 473, a bill to ex- By Mr. FRANKEN (for himself, Mr. on D.C. Act 19–183 ‘‘Revised Fiscal Year 2012 tend the chemical facility security program CASEY, and Mr. WHITEHOUSE): Budget Support Technical Clarification of the Department of Homeland Security, S. 1750. A bill to amend the Older Ameri- Temporary Amendment Act of 2011’’; to the and for other purposes (Rept. No. 112–90). cans Act of 1965 to establish a Home Care Committee on Homeland Security and Gov- Consumer Bill of Rights, to establish State f ernmental Affairs. Home Care Ombudsman Programs, and for EC–3674. A communication from the Chair- INTRODUCTION OF BILLS AND other purposes; to the Committee on Health, man of the Council of the District of Colum- JOINT RESOLUTIONS Education, Labor, and Pensions. bia, transmitting, pursuant to law, a report By Mr. HOEVEN (for himself, Mr. on D.C. Act 19–184 ‘‘Carver 2000 Low-Income The following bills and joint resolu- CONRAD, Mr. ENZI, Ms. LANDRIEU, Mr. and Senior Housing Project Temporary Act tions were introduced, read the first BOOZMAN, Mr. NELSON of Nebraska, of 2011’’; to the Committee on Homeland Se- and second times by unanimous con- Mr. PORTMAN, Mr. MANCHIN, Mr. curity and Governmental Affairs. sent, and referred as indicated: THUNE, and Mr. ROCKEFELLER):

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00083 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6872 CONGRESSIONAL RECORD — SENATE October 20, 2011 S. 1751. A bill to amend subtitle D of the SUBMISSION OF CONCURRENT AND S. 211 Solid Waste Disposal Act to facilitate recov- SENATE RESOLUTIONS At the request of Mr. ISAKSON, the ery and beneficial use, and provide for the names of the Senator from Maryland proper management and disposal, of mate- The following concurrent resolutions (Mr. CARDIN) and the Senator from rials generated by the combustion of coal and Senate resolutions were read, and and other fossil fuels; to the Committee on referred (or acted upon), as indicated: Minnesota (Ms. KLOBUCHAR) were added Environment and Public Works. By Mr. CASEY: as cosponsors of S. 211, a bill to provide By Mr. ROBERTS: S. Res. 301. A resolution urging the people for a biennial budget process and a bi- S. 1752. A bill to nullify certain regulations of the United States to observe October 2011 ennial appropriations process and to regarding the removal of essential-use des- as Italian and Italian-American Heritage enhance oversight and performance of ignation for epinephrine used in oral pressur- Month; to the Committee on the Judiciary. the Federal Government. ized metered-dose inhalers; to the Com- By Ms. LANDRIEU (for herself, Mr. S. 227 mittee on Health, Education, Labor, and INHOFE, Mr. KERRY, Ms. KLOBUCHAR, Pensions. Mr. WYDEN, Mr. LAUTENBERG, Mrs. At the request of Ms. COLLINS, the By Mr. KIRK (for himself, Mr. BROWN HUTCHISON, Mr. BOOZMAN, Mr. BLUNT, name of the Senator from New Hamp- of Massachusetts, Mr. CARDIN, and Mr. LUGAR, Mrs. GILLIBRAND, Mr. shire (Mrs. SHAHEEN) was added as a co- Mr. KERRY): LEVIN, Mr. GRASSLEY, Ms. COLLINS, sponsor of S. 227, a bill to amend title S. 1753. A bill to require operators of Inter- Mr. BAUCUS, Mr. MORAN, Mr. NELSON XVIII of the Social Security Act to en- net websites that provide access to inter- of Nebraska, Mr. CARDIN, Mr. JOHN- sure more timely access to home national travel services and market overseas SON of South Dakota, Mr. BROWN of health services for Medicare bene- Ohio, and Mr. DEMINT): vacation destinations to provide on such ficiaries under the Medicare program. websites information to consumers regarding S. Res. 302. A resolution expressing support the potential health and safety risks associ- for the goals of National Adoption Day and S. 331 ated with traveling to such vacation destina- National Adoption Month by promoting na- At the request of Mr. BARRASSO, the tions, and for other purposes; to the Com- tional awareness of adoption and the chil- name of the Senator from Wyoming dren awaiting families, celebrating children mittee on Commerce, Science, and Transpor- (Mr. ENZI) was added as a cosponsor of tation. and families involved in adoption, and en- couraging the people of the United States to S. 331, a bill to ensure that military By Mr. TESTER (for himself, Mr. HAR- voters have the right to bring a civil KIN, Ms. KLOBUCHAR, and Mr. BEN- secure safety, permanency, and well-being action under the Uniformed and Over- NET): for all children; to the Committee on Health, S. 1754. A bill to promote clean energy in- Education, Labor, and Pensions. seas Citizens Absentee Voting Act to frastructure for rural communities; to the By Mr. NELSON of Florida: safeguard their right to vote. S. Res. 303. A resolution honoring the life, Committee on Finance. S. 384 By Mr. TESTER (for himself and Mr. service, and sacrifice of Captain Colin P. Kelly Jr., United States Army; to the Com- At the request of Mrs. FEINSTEIN, the BEGICH): mittee on Armed Services. name of the Senator from New Hamp- S. 1755. A bill to amend title 38, United By Mrs. BOXER (for herself, Ms. COL- shire (Mrs. SHAHEEN) was added as a co- States Code, to provide for coverage under LINS, Mr. COCHRAN, Mr. WHITEHOUSE, the beneficiary travel program of the De- sponsor of S. 384, a bill to amend title Mr. CASEY, and Ms. STABENOW): partment of Veterans Affairs of certain dis- 39, United States Code, to extend the S. Res. 304. A resolution supporting authority of the United States Postal abled veterans for travel for certain special ‘‘Lights on Afterschool’’, a national celebra- disabilities rehabilitation, and for other pur- tion of afterschool programs; considered and Service to issue a semipostal to raise poses; to the Committee on Veterans’ Af- agreed to. funds for breast cancer research. fairs. By Mr. REID (for himself and Mr. S. 576 By Mrs. HAGAN (for herself and Ms. MCCONNELL): ARKIN LANDRIEU): At the request of Mr. H , the S. Res. 305. A resolution to authorize legal name of the Senator from New Hamp- S. 1756. A bill to extend HUBZone designa- representation in Edward Paul Celestine, Jr. tions by 3 years, and for other purposes; to v. Social Security Administration; consid- shire (Mrs. SHAHEEN) was added as a co- the Committee on Small Business and Entre- ered and agreed to. sponsor of S. 576, a bill to amend the preneurship. By Mr. JOHNSON of Wisconsin (for Elementary and Secondary Education By Mr. TESTER (for himself, Mr. HAR- himself, Mr. LIEBERMAN, Ms. COLLINS, Act of 1965 to improve standards for KIN, Mr. BENNET, and Ms. Ms. LANDRIEU, Mr. BEGICH, Mr. physical education. KLOBUCHAR): AKAKA, Mr. COONS, Mr. CARPER, Mr. S. 598 S. 1757. A bill to promote clean energy in- BROWN of Massachusetts, and Ms. At the request of Mrs. FEINSTEIN, the frastructure for rural communities; to the SNOWE): Committee on Agriculture, Nutrition, and S. Res. 306. A resolution supporting the name of the Senator from Michigan Forestry. goals and ideals of National Cybersecurity (Mr. LEVIN) was added as a cosponsor of By Mrs. MCCASKILL (for herself and Awareness Month and raising awareness and S. 598, a bill to repeal the Defense of Mr. BLUNT): enhancing the state of cybersecurity in the Marriage Act and ensure respect for S. 1758. A bill to amend the Federal Power United States; considered and agreed to. State regulation of marriage. Act prohibit the Federal Energy Regulatory By Mr. WICKER (for himself, Mr. COCH- S. 687 Commission from requiring the removal or RAN, Mr. VITTER, and Ms. LANDRIEU): modification of existing structures or en- S. Res. 307. A resolution honoring the men At the request of Mr. CORNYN, the croachments in licenses of the Commission; and women of the John C. Stennis Space name of the Senator from Nebraska to the Committee on Energy and Natural Re- Center on reaching the historic milestone of (Mr. JOHANNS) was added as a cospon- sources. 50 years of rocket engine testing; considered sor of S. 687, a bill to amend the Inter- By Mrs. FEINSTEIN (for herself, Mrs. and agreed to. nal Revenue Code of 1986 to perma- BOXER, Mr. REED, and Mr. f nently extend the 15-year recovery pe- WHITEHOUSE): S. 1759. A bill to facilitate the hosting in ADDITIONAL COSPONSORS riod for qualified leasehold improve- the United States of the 34th America’s Cup S. 20 ment property, qualified restaurant by authorizing certain eligible vessels to At the request of Mr. HATCH, the property, and qualified retail improve- participate in activities related to the com- name of the Senator from Indiana (Mr. ment property. petition; to the Committee on Commerce, LUGAR) was added as a cosponsor of S. S. 720 Science, and Transportation. At the request of Mr. THUNE, the By Mr. MANCHIN (for himself and Mr. 20, a bill to protect American job cre- names of the Senator from Kentucky KIRK): ation by striking the job-killing Fed- S. 1760. A bill to amend the Controlled Sub- eral employer mandate. (Mr. MCCONNELL), the Senator from stances Act to provide for increased pen- S. 164 North Dakota (Mr. HOEVEN) and the alties for operators of pill mills, and for At the request of Mr. BROWN of Mas- Senator from Alabama (Mr. SHELBY) other purposes; to the Committee on the Ju- sachusetts, the names of the Senator were added as cosponsors of S. 720, a diciary. from North Carolina (Mr. BURR) and bill to repeal the CLASS program. By Ms. CANTWELL: the Senator from Illinois (Mr. KIRK) S. 968 S. 1761. A bill to amend the Internal Rev- enue Code of 1986 to repeal the exception to were added as cosponsors of S. 164, a At the request of Mr. LEAHY, the the treatment of consolidated groups under bill to repeal the imposition of with- name of the Senator from Ohio (Mr. the personal holding company rules; to the holding on certain payments made to BROWN) was added as a cosponsor of S. Committee on Finance. vendors by government entities. 968, a bill to prevent online threats to

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00084 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6873 economic creativity and theft of intel- sponsor of S. 1467, a bill to amend the S. 1671 lectual property, and for other pur- Patient Protection and Affordable Care At the request of Mrs. HAGAN, the poses. Act to protect rights of conscience name of the Senator from Nevada (Mr. S. 998 with regard to requirements for cov- HELLER) was added as a cosponsor of S. At the request of Mr. AKAKA, the erage of specific items and services. 1671, a bill to amend the Internal Rev- name of the Senator from Massachu- S. 1468 enue Code of 1986 to allow a temporary setts (Mr. BROWN) was added as a co- At the request of Mrs. SHAHEEN, the dividends received deduction for divi- sponsor of S. 998, a bill to amend title name of the Senator from Iowa (Mr. dends received from a controlled for- IV of the Employee Retirement Income HARKIN) was added as a cosponsor of S. eign corporation. Security Act of 1974 to require the Pen- 1468, a bill to amend title XVIII of the S. 1684 sion Benefit Guaranty Corporation, in Social Security Act to improve access At the request of Mr. BARRASSO, the the case of airline pilots who are re- to diabetes self—management training name of the Senator from South Da- quired by regulation to retire at age 60, by authorizing certified diabetes edu- kota (Mr. THUNE) was added as a co- to compute the actuarial value of cators to provide diabetes self—man- sponsor of S. 1684, a bill to amend the monthly benefits in the form of a life agement training services, including as Indian Tribal Energy Development and annuity commencing at age 60. part of telehealth services, under part Self—Determination Act of 2005, and S. 1025 B of the Medicare program. for other purposes. S. 1479 At the request of Mr. LEAHY, the S. 1702 At the request of Mr. CASEY, the name of the Senator from Pennsyl- At the request of Mr. MORAN, the name of the Senator from Tennessee vania (Mr. TOOMEY) was added as a co- name of the Senator from South Da- (Mr. ALEXANDER) was added as a co- sponsor of S. 1025, a bill to amend title kota (Mr. THUNE) was added as a co- sponsor of S. 1479, a bill to preserve 10, United States Code, to enhance the sponsor of S. 1702, a bill to provide that Medicare beneficiary choice by restor- national defense through empowerment the rules of the Environmental Protec- ing and expanding Medicare open en- of the National Guard, enhancement of tion Agency entitled ‘‘National Emis- rollment and disenrollment opportuni- the functions of the National Guard sion Standards for Hazardous Air Pol- ties. Bureau, and improvement of Federal- lutants for Reciprocating Internal S. 1527 State military coordination in domes- Combustion Engines’’ have no force or At the request of Mrs. HAGAN, the tic emergency response, and for other effect with respect to existing sta- name of the Senator from Montana purposes. tionary compression and spark ignition (Mr. BAUCUS) was added as a cosponsor S. 1106 reciprocating internal combustion en- of S. 1527, a bill to authorize the award At the request of Mr. KOHL, the name gines operated by certain persons and of a Congressional gold medal to the of the Senator from Iowa (Mr. HARKIN) entities for the purpose of generating Montford Point Marines of World War was added as a cosponsor of S. 1106, a electricity or operating a water pump. II. bill to authorize Department of De- S. 1718 fense support for programs on pro bono S. 1576 At the request of Ms. LANDRIEU, the At the request of Mr. WYDEN, the legal assistance for members of the name of the Senator from South Da- Armed Forces. name of the Senator from New Jersey (Mr. LAUTENBERG) was added as a co- kota (Mr. THUNE) was added as a co- S. 1392 sponsor of S. 1576, a bill to measure the sponsor of S. 1718, a bill to amend title At the request of Ms. COLLINS, the progress of relief, recovery, reconstruc- XVIII of the Social Security Act with name of the Senator from Alaska (Mr. tion, and development efforts in Haiti respect to the application of Medicare BEGICH) was added as a cosponsor of S. following the earthquake of January secondary payer rules for certain 1392, a bill to provide additional time 12, 2010, and for other purposes. claims. for the Administrator of the Environ- S. 1610 S. 1723 mental Protection Agency to issue At the request of Mr. BARRASSO, the At the request of Mr. MENENDEZ, the achievable standards for industrial, name of the Senator from Pennsyl- names of the Senator from Ohio (Mr. commercial, and institutional boilers, vania (Mr. TOOMEY) was added as a co- BROWN) and the Senator from Mary- process heaters, and incinerators, and sponsor of S. 1610, a bill to provide ad- land (Mr. CARDIN) were added as co- for other purposes. ditional time for the Administrator of sponsors of S. 1723, a bill to provide for S. 1440 the Environmental Protection Agency teacher and first responder stabiliza- At the request of Mr. ALEXANDER, the to promulgate achievable standards for tion. names of the Senator from Alaska (Mr. cement manufacturing facilities, and S. 1726 BEGICH) and the Senator from Maine for other purposes. At the request of Mr. MCCONNELL, (Ms. COLLINS) were added as cosponsors S. 1651 the names of the Senator from Alaska of S. 1440, a bill to reduce preterm At the request of Mr. SESSIONS, the (Ms. MURKOWSKI), the Senator from labor and delivery and the risk of preg- name of the Senator from Wisconsin Maine (Ms. SNOWE), the Senator from nancy—related deaths and complica- (Mr. JOHNSON) was added as a cosponsor Massachusetts (Mr. BROWN), the Sen- tions due to pregnancy, and to reduce of S. 1651, a bill to provide for greater ator from South Dakota (Mr. THUNE), infant mortality caused by pre- transparency and honesty in the Fed- the Senator from Missouri (Mr. BLUNT), maturity. eral budget process. the Senator from New Hampshire (Ms. At the request of Mr. BENNET, the S. 1653 AYOTTE), the Senator from Nebraska name of the Senator from Rhode Island At the request of Ms. KLOBUCHAR, the (Mr. JOHANNS), the Senator from North (Mr. REED) was added as a cosponsor of name of the Senator from Louisiana Carolina (Mr. BURR), the Senator from S. 1440, supra. (Ms. LANDRIEU) was added as a cospon- Arizona (Mr. MCCAIN), the Senator S. 1460 sor of S. 1653, a bill to make minor from Kansas (Mr. MORAN), the Senator At the request of Mr. BAUCUS, the modifications to the procedures relat- from Maine (Ms. COLLINS), the Senator name of the Senator from North Caro- ing to the issuance of visas. from Florida (Mr. RUBIO), the Senator lina (Mrs. HAGAN) was added as a co- S. 1668 from Wyoming (Mr. ENZI), the Senator sponsor of S. 1460, a bill to grant the At the request of Mr. MERKLEY, the from North Dakota (Mr. HOEVEN), the congressional gold medal, collectively, name of the Senator from South Da- Senator from Illinois (Mr. KIRK), the to the First Special Service Force, in kota (Mr. JOHNSON) was added as a co- Senator from Arkansas (Mr. BOOZMAN), recognition of its superior service dur- sponsor of S. 1668, a bill to provide that the Senator from Nevada (Mr. HELLER) ing World War II. the Postal Service may not close any and the Senator from Louisiana (Mr. S. 1467 post office which results in more than VITTER) were added as cosponsors of S. At the request of Mr. BLUNT, the 10 miles distance (as measured on roads 1726, a bill to repeal the imposition of name of the Senator from Pennsyl- with year—round access) between any 2 withholding on certain payments made vania (Mr. TOOMEY) was added as a co- post offices. to vendors by government entities.

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00085 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6874 CONGRESSIONAL RECORD — SENATE October 20, 2011 At the request of Mr. BARRASSO, his (Mr. BAUCUS), the Senator from Mis- BURR), the Senator from Wyoming (Mr. name was added as a cosponsor of S. souri (Mr. BLUNT) and the Senator from ENZI), the Senator from Alaska (Ms. 1726, supra. Massachusetts (Mr. BROWN) were added MURKOWSKI), the Senator from Wyo- At the request of Mr. CORNYN, his as cosponsors of amendment No. 839 in- ming (Mr. BARRASSO) and the Senator name was added as a cosponsor of S. tended to be proposed to H.R. 2112, a from New Hampshire (Mrs. SHAHEEN) 1726, supra. bill making appropriations for Agri- were added as cosponsors of amend- AMENDMENT NO. 750 culture, Rural Development, Food and ment No. 875 intended to be proposed to At the request of Mr. WEBB, the Drug Administration, and Related H.R. 2112, a bill making appropriations names of the Senator from Delaware Agencies programs for the fiscal year for Agriculture, Rural Development, (Mr. COONS) and the Senator from New ending September 30, 2012, and for Food and Drug Administration, and Jersey (Mr. LAUTENBERG) were added as other purposes. Related Agencies programs for the fis- cosponsors of amendment No. 750 pro- AMENDMENT NO. 841 cal year ending September 30, 2012, and posed to H.R. 2112, a bill making appro- At the request of Mr. TESTER, the for other purposes. priations for Agriculture, Rural Devel- name of the Senator from Montana AMENDMENT NO. 885 opment, Food and Drug Administra- (Mr. BAUCUS) was added as a cosponsor At the request of Mr. BEGICH, the tion, and Related Agencies programs of amendment No. 841 intended to be names of the Senator from Alabama for the fiscal year ending September 30, proposed to H.R. 2112, a bill making ap- (Mr. SESSIONS) and the Senator from 2012, and for other purposes. propriations for Agriculture, Rural De- Utah (Mr. LEE) were added as cospon- AMENDMENT NO. 753 velopment, Food and Drug Administra- sors of amendment No. 885 intended to At the request of Mr. BROWN of Mas- tion, and Related Agencies programs be proposed to H.R. 2112, a bill making sachusetts, his name was added as a co- for the fiscal year ending September 30, appropriations for Agriculture, Rural sponsor of amendment No. 753 proposed 2012, and for other purposes. Development, Food and Drug Adminis- to H.R. 2112, a bill making appropria- AMENDMENT NO. 855 tration, and Related Agencies pro- tions for Agriculture, Rural Develop- At the request of Mrs. FEINSTEIN, the grams for the fiscal year ending Sep- ment, Food and Drug Administration, names of the Senator from New Jersey tember 30, 2012, and for other purposes. and Related Agencies programs for the (Mr. LAUTENBERG) and the Senator AMENDMENT NO. 886 fiscal year ending September 30, 2012, from Oklahoma (Mr. COBURN) were At the request of Mr. BAUCUS, the and for other purposes. added as cosponsors of amendment No. name of the Senator from Delaware AMENDMENT NO. 771 855 intended to be proposed to H.R. (Mr. COONS) was added as a cosponsor At the request of Mr. BINGAMAN, the 2112, a bill making appropriations for of amendment No. 886 intended to be names of the Senator from Rhode Is- Agriculture, Rural Development, Food proposed to H.R. 2112, a bill making ap- land (Mr. WHITEHOUSE), the Senator and Drug Administration, and Related propriations for Agriculture, Rural De- from Pennsylvania (Mr. CASEY), the Agencies programs for the fiscal year velopment, Food and Drug Administra- Senator from West Virginia (Mr. ending September 30, 2012, and for tion, and Related Agencies programs ROCKEFELLER), the Senator from other purposes. for the fiscal year ending September 30, Michigan (Mr. LEVIN) and the Senator 2012, and for other purposes. AMENDMENT NO. 857 from New Hampshire (Mrs. SHAHEEN) AMENDMENT NO. 890 At the request of Mr. MENENDEZ, the were added as cosponsors of amend- At the request of Mr. BURR, the name name of the Senator from Alaska (Mr. ment No. 771 proposed to H.R. 2112, a of the Senator from Kansas (Mr. ROB- BEGICH) was added as a cosponsor of bill making appropriations for Agri- ERTS) was added as a cosponsor of amendment No. 857 proposed to H.R. culture, Rural Development, Food and amendment No. 890 proposed to H.R. 2112, a bill making appropriations for Drug Administration, and Related 2112, a bill making appropriations for Agriculture, Rural Development, Food Agencies programs for the fiscal year Agriculture, Rural Development, Food and Drug Administration, and Related ending September 30, 2012, and for and Drug Administration, and Related Agencies programs for the fiscal year other purposes. Agencies programs for the fiscal year ending September 30, 2012, and for AMENDMENT NO. 815 ending September 30, 2012, and for other purposes. At the request of Mr. MORAN, the other purposes. AMENDMENT NO. 859 name of the Senator from Oklahoma AMENDMENT NO. 893 At the request of Mr. PORTMAN, the (Mr. INHOFE) was added as a cosponsor At the request of Ms. CANTWELL, the name of the Senator from Ohio (Mr. of amendment No. 815 proposed to H.R. names of the Senator from Washington BROWN) was added as a cosponsor of 2112, a bill making appropriations for (Mrs. MURRAY), the Senator from Cali- amendment No. 859 proposed to H.R. Agriculture, Rural Development, Food fornia (Mrs. BOXER), the Senator from 2112, a bill making appropriations for and Drug Administration, and Related Oregon (Mr. MERKLEY), the Senator Agriculture, Rural Development, Food Agencies programs for the fiscal year from Oregon (Mr. WYDEN) and the Sen- and Drug Administration, and Related ending September 30, 2012, and for ator from California (Mrs. FEINSTEIN) Agencies programs for the fiscal year other purposes. were added as cosponsors of amend- ending September 30, 2012, and for AMENDMENT NO. 817 ment No. 893 proposed to H.R. 2112, a other purposes. At the request of Mr. SCHUMER, the bill making appropriations for Agri- names of the Senator from Rhode Is- AMENDMENT NO. 869 culture, Rural Development, Food and land (Mr. WHITEHOUSE), the Senator At the request of Mrs. GILLIBRAND, Drug Administration, and Related from Minnesota (Mr. FRANKEN), the the names of the Senator from Iowa Agencies programs for the fiscal year Senator from New York (Mrs. (Mr. HARKIN) and the Senator from ending September 30, 2012, and for GILLIBRAND), the Senator from Rhode Montana (Mr. TESTER) were added as other purposes. Island (Mr. REED), the Senator from cosponsors of amendment No. 869 pro- f Connecticut (Mr. BLUMENTHAL), the posed to H.R. 2112, a bill making appro- Senator from Vermont (Mr. SANDERS) priations for Agriculture, Rural Devel- STATEMENTS ON INTRODUCED and the Senator from New Hampshire opment, Food and Drug Administra- BILLS AND JOINT RESOLUTIONS (Mrs. SHAHEEN) were added as cospon- tion, and Related Agencies programs By Mr. FRANKEN (for himself sors of amendment No. 817 intended to for the fiscal year ending September 30, and Mr. TESTER): be proposed to H.R. 2112, a bill making 2012, and for other purposes. S. 1741. A bill to amend the Internal appropriations for Agriculture, Rural AMENDMENT NO. 875 Revenue Code of 1986 to provide an in- Development, Food and Drug Adminis- At the request of Mr. HATCH, the vestment tax credit for community tration, and Related Agencies pro- names of the Senator from West Vir- wind projects having generation capac- grams for the fiscal year ending Sep- ginia (Mr. MANCHIN), the Senator from ity of not more than 20 megawatts, and tember 30, 2012, and for other purposes. Louisiana (Mr. VITTER), the Senator for other purposes; to the Committee AMENDMENT NO. 839 from Arkansas (Mr. BOOZMAN), the Sen- on Finance. At the request of Mr. CONRAD, the ator from Alaska (Mr. BEGICH), the Mr. FRANKEN. Mr. President, today names of the Senator from Montana Senator from North Carolina (Mr. I am introducing the Community Wind

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00086 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6875 Act with my friend and colleague Sen- Mr. President, I ask unanimous con- ducers in Maine, New York, and other ator TESTER from Montana. sent that the text of the bill be printed States have been similarly hurt by this Rural renewable energy development in the RECORD. crime. Our bill, the Maple Agriculture has been one of my top priorities since There being no objection, the text of Protection and Law Enforcement, or coming to the Senate. America’s rural the bill was ordered to be printed in ‘‘MAPLE’’Act, will deter this criminal communities have some of our coun- the RECORD, as follows: conduct. try’s most abundant renewable energy S. 1741 The MAPLE Act creates a felony of- resources, and I strongly believe that Be it enacted by the Senate and House of Rep- fense with a 5-year maximum penalty community-owned renewable energy resentatives of the United States of America in for fraudulently selling a product pur- projects are among the most promising Congress assembled, ported to be maple syrup that is not, in drivers of economic development in our SECTION 1. SHORT TITLE. fact, maple syrup. Under current law, rural communities. This Act may be cited as the ‘‘Community doing so is only a misdemeanor offense Minnesota has a lot of wind. In the Wind Act’’. with a one year penalty. past decade, communities across south- SEC. 2. INVESTMENT TAX CREDIT FOR COMMU- The sale of fraudulent maple syrup is NITY WIND PROJECTS HAVING GEN- a real problem facing consumers and western Minnesota have been trans- ERATION CAPACITY OF NOT MORE formed by wind power, with turbines THAN 20 MEGAWATTS. producers. Recently, Vermont U.S. At- producing renewable energy to power (a) IN GENERAL.—Paragraph (4) of section torney Tris Coffin sought an indict- homes and businesses across the mid- 48(c) of the Internal Revenue Code of 1986 is ment after a Food and Drug Adminis- west. These projects are helping Min- amended— tration investigation revealed that a nesota meet its ambitious goal of ob- (1) by striking subparagraph (A) and in- Rhode Island man had been selling serting the following new subparagraph: taining 25 percent of its electricity cane sugar-based syrup as ‘‘maple’’ ‘‘(A) IN GENERAL.—The term ‘qualified syrup and representing to consumers from renewable sources by 2025. As we small wind energy property’ means— look to develop more renewables in ‘‘(i) property which uses a qualifying small that the syrup was authentic. The leg- Minnesota and across the country, I wind turbine to generate electricity, or islation we introduce today will more want to make sure that rural commu- ‘‘(ii) property which uses 1 or more wind effectively protect consumers and the nities are reaping the maximum ben- turbines with an aggregate nameplate capac- maple industry by punishing and deter- efit from these projects. ity of more than 100 kilowatts but not more ring this deceptive conduct. That is why community wind is so than 20 megawatts.’’, and Vermonters, and consumers across powerful. When a wind project has (2) by redesignating subparagraph (C) as the country, should be confident that subparagraph (D) and by inserting after sub- when they buy food, they know exactly some level of local ownership, studies paragraph (B) the following new subpara- have shown that the project will have what they are getting. The fines that graph: may result from criminal violations higher local economic impact than ‘‘(C) REGULATIONS.—The Secretary shall conventional projects. That is because prescribe such regulations as may be appro- under current law are often not enough profits from the project flow to mem- priate to prevent improper division of prop- to protect the public from harmful or bers in the community. Those profits erty to attempt to meet the limitation under fraudulent products. Too often, those are then reinvested in the community, subparagraph (A)(ii).’’. who are willing to endanger our liveli- (b) DENIAL OF PRODUCTION CREDIT.—Para- fueling economic activity that hoods in pursuit of their profits see graph (1) of section 45(d) of the Internal Rev- fines as just a cost of doing business. wouldn’t have otherwise happened. enue Code of 1986 is amended by striking the Like many small and distributed en- We need to make sure that those who period at the end and inserting ‘‘or any facil- intentionally deceive consumers get a ergy projects, community wind ity which is a qualified small wind energy projects face unique challenges when property described in section 48(c)(4)(A)(ii) trip to jail, not a slap on the wrist. compared to conventional wind, rang- with respect to which the credit under sec- Schemers should not easily be able to ing from difficulties accessing financ- tion 48 is allowable.’’. sully the seal of quality that is associ- ing to the inability to take full advan- (c) EFFECTIVE DATE.—The amendments ated with genuine Vermont maple made by this section shall apply to property tage of Federal tax benefits. Despite syrup. placed in service after the date of the enact- I have a longstanding commitment to these barriers, community wind ment of this Act. comprehensive food safety and food in- projects have devised innovative fi- tegrity reforms, and our work is not nancing structures to move forward By Mr. LEAHY (for himself, Ms. done. Earlier this year, the Senate with projects across the country. How- COLLINS, Mr. SCHUMER, Mrs. unanimously passed my Food Safety ever, like the larger wind industry, GILLIBRAND, Mr. SANDERS, and Accountability Act, which would hold community wind still faces great un- Ms. SNOWE): those criminals who intentionally poi- certainty with the looming expiration S. 1742. A bill to amend title 18, son our food supply accountable for of the federal production tax credit for United States Code, to prohibit fraudu- their crimes. I urge the House to pass wind at the end of 2012. lently representing a product to be that noncontroversial bill, and I hope Our bill provides long-term certainty maple syrup; to the Committee on the that all Senators will join us in sup- to community wind over the next 5 Judiciary. porting the MAPLE Act. years by expanding the existing small Mr. LEAHY. Mr. President, I am Mr. President, I ask unanimous con- wind Investment Tax Credit to projects pleased to be joined by Senators COL- sent that the text of the bill be printed with capacity up to 20 MW. There is no LINS, SCHUMER, SANDERS and in the RECORD. restriction on turbine size, and the bill GILLIBRAND as we introduce this legis- There being no objection, the text of prevents the subdivision of large wind lation to hold accountable those crimi- the bill was ordered to be printed in projects to game the system and claim nals who fraudulently sell what they the RECORD, as follows: the credit. call ‘‘maple’’ syrup. S. 1742 This bill has support from a diverse Vermont iconic maple syrup—pains- Be it enacted by the Senate and House of Rep- group of stakeholders, including the takingly produced, and prized across resentatives of the United States of America in American Wind Energy Association to the Nation and beyond—is one of our Congress assembled, the National Farmers Union, the Min- state’s fine, high-quality, natural prod- SECTION 1. SHORT TITLE. nesota Farmers Union, the Minnesota ucts. I have been alarmed by the grow- This Act may be cited as the ‘‘Maple Agri- Corn Growers, the Minnesota Soybean ing number of individuals and busi- culture Protection and Law Enforcement Growers, a broad coalition of Min- nesses claiming to sell genuine Act of 2011’’ or the ‘‘MAPLE Act’’. nesota and national small and commu- Vermont maple syrup when they are in SEC. 2. FRAUDULENTLY REPRESENTING A PROD- nity wind developers, and rural busi- fact selling an inferior product that is UCT AS MAPLE SYRUP. (a) IN GENERAL.—Chapter 47 of title 18, nesses and nonprofits across the coun- not maple syrup at all. This is fraud, United States Code, is amended by adding at try. I am proud to introduce this legis- plain and simple, and it undermines a the end the following: lation with Senator TESTER today, and key part of Vermont’s economy and ‘‘§ 1041. Fraudulently representing a product I look forward to working with my col- reputation for quality that has been as maple syrup leagues from both sides of the aisle to hard-earned through Vermonters’ hard ‘‘(a) DEFINITION.—In this section, the term garner support for its passage. work. I know that diligent syrup pro- ‘maple syrup’ means a liquid food—

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00087 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6876 CONGRESSIONAL RECORD — SENATE October 20, 2011 ‘‘(1) derived by— it in products such as the shingles we Meanwhile, by using coal ash in such ‘‘(A) concentration and heat treatment of use on our roofs. an innovative manner, it is estimated the sap of a species of tree in the genus Acer Formerly, this plant paid about $4 the overall energy consumption in this (commonly known as ‘maple trees’); or million a year to landfill that coal ash. country can be reduced by 162 trillion ‘‘(B) solution in water of maple sugar Now they sell it for all these products (commonly know as ‘maple concrete’) made Btu’s, British thermal units, and that from the sap of a species of tree in the genus and generate around $12 million a year water usage is reduced annually by 32 Acer; in revenue. If you take the $4 million billion gallons a year. That is the ‘‘(2) that is not less than 66 percent by they used to expend to landfill the ma- equivalent of the amount of energy weight of soluble solids derived solely from terial, figure in the $12 million they used by 1.7 million homes a year and the sap of a species of tree in the genus Acer; now make selling the product, that is a the amount of water—actually one- and $16 million revenue benefit to the third of the amount of water used in ‘‘(3) the concentration of which may be ad- plant. That means a $16 million reduc- the entire State of California each justed by adding water. tion in the cost of electricity to their ‘‘(b) OFFENSE.— year. So we can see from a conserva- ‘‘(1) IN GENERAL.—Except as provided in customers throughout North Dakota and Minnesota. tion standpoint what an incredible im- paragraph (2), it shall be unlawful for any pact using these materials has. person to knowingly and willfully introduce At the same time, because they have or deliver for introduction into interstate partnered with a company out of Utah Unfortunately, the EPA is now con- commerce a product that is labeled as maple called Headwaters, right there at the sidering whether to overturn 30 years syrup and that is not maple syrup. complex they also have a facility that of precedent and regulate coal ash as a ‘‘(2) EXCEPTION.—Paragraph (1) shall not manufactures these building products, hazardous material, despite findings apply to a product labeled as maple syrup FlexCrete, and creates good-paying from the Department of Energy, the that is not maple syrup if the label also in- jobs as well. Federal Highway Administration, and cludes a clear identification of the true na- Today I rise to introduce common- ture of the product. State regulatory agencies throughout ‘‘(c) PENALTY.—Any person that violates sense, bipartisan legislation—a jobs the country, as well as EPA itself. subsection (b) shall be fined under this title, bill, if you will—the Coal Residuals EPA’s own studies show the toxicity imprisoned for not more than 5 years, or Reuse and Management Act. In fact, level in coal ash is well below the cri- both.’’. this legislation has already passed the teria that requires any type of haz- (b) TECHNICAL AND CONFORMING AMEND- House of Representatives with a large ardous waste designation. MENT.—The table of sections for chapter 47 of bipartisan majority. title 18, United States Code, is amended by In a true example of American inge- In fact, the EPA’s May 2000 regu- adding at the end the following: nuity and innovation, entrepreneurs latory determination—in that deter- ‘‘1041. Fraudulently representing a product around the country are recycling coal mination they concluded that coal ash as maple syrup.’’. ash. Millions of Americans now work in does not warrant regulation as haz- By Mr. HOEVEN (for himself, Mr. buildings that are either partially con- ardous waste and that doing so would CONRAD, Mr. ENZI, Ms. structed from coal ash-strengthened be environmentally counterproductive. LANDRIEU, Mr. BOZMAN, Mr. building materials or they drive home However, new regulations first pro- NELSON of Nebraska, Mr. from work on roads and over bridges posed in June of 2010 would create a PORTMAN, Mr. MANCHIN, Mr. that are made of coal ash concrete or, stigma for coal ash recycling and ex- THUNE, and Mr. ROCKEFELLER): as I said, they live under roofs that are pose it to frivolous lawsuits that could S. 1751. A bill to amend subtitle D of shingled, and those shingles are made undermine the industry, cost thou- the Solid Waste Disposal Act to facili- out of this coal residuals material. In sands of jobs, and take billions of dol- tate recovery and beneficial use, and fact, in my home State of North Da- lars out of our economy at a time when provide for the proper management and kota, we have both our Heritage Cen- working families can least afford it. disposal, of materials generated by the ter, which is under construction now, But the damage to American’s pocket- combustion of coal and other fossil and also the National Energy Center of books would not just stop with the un- fuels; to the Committee on Environ- Excellence that were constructed with dermining of this recycling industry. these materials. ment and Public Works. It is estimated that meeting the reg- Mr. HOEVEN. Mr. President, I rise to First, this National Energy Center of ulatory disposal requirements under speak on the issue of job creation as Excellence, this is the Bismarck State the EPA’s subtitle C proposal would well, specifically in regard to legisla- College. They specialize in energy pro- cost between $250 and $450 per ton, as tion I will be introducing that seeks to grams. This facility overlooks the Mis- opposed to about $100 per ton under the not only create jobs but also to truly souri River and it is about a $20-plus reduce the cost of electricity to Ameri- million facility. It is absolutely beau- current system. That could mean up to cans throughout this country. tiful, and it is made with the coal re- another $50 billion in costs, a burden In North Dakota, we have a power- sidual building materials. on our electricity generators that use plant north of our State capitol, the On this other slide, right now this fa- coal and, most important, customers— city of Bismarck. It is about 1,100 cility is under construction. This will American families, businesses, and megawatts. It consists of two separate be a more than $50 million facility, farmers—again, Americans throughout plants, each of them 550 megawatts, so which is, in essence, a museum and a this great country. the complex provides 1,100 megawatts heritage center for the State of North It is also estimated this regulation of electricity, power that fuels our Dakota. The building materials in this by EPA, this proposal, could mean the State, as well as sending power to Min- state-of-art facility will have both loss of more than 300,000 American nesota and other places as well. This static and interactive displays and is jobs. That is why I have at the desk the plant uses the latest in emission con- being built with what is called coal Coal Residuals Reuse and Management trol technology. It is state of the art. ash—but coal residual materials. These Act, which I am introducing today, We also have an ethanol plant at- are materials coming out of power- along with Senator KENT CONRAD, Sen- tached to the powerplant, so the waste plants that were formerly simply land- ator MICHAEL ENZI, Senator MARY fill, and now we are using them for all steam that comes off the powerplant is LANDRIEU, Senator ROB PORTMAN, Sen- used to power the ethanol plant to these purposes. The important point is, ator BEN NELSON, Senator JOE make low-cost transportation fuel as we need to be able to continue to do MANCHIN, and also Senator JOHN well. that. That is exactly why I am intro- BOOZMAN; four Republicans and four In addition to those things, another ducing this legislation. innovation at this plant is that after It turns out that using this natural Democrats. This is truly a bipartisan they produce the electricity, they take byproduct of coal combustion not only piece of legislation. hundreds of thousands of tons of coal makes our buildings and infrastructure As I said, it is a companion to H. Res. ash and, rather than landfilling it, they stronger, it makes homes, businesses, 2273 that passed the U.S. House of Rep- actually reuse it, and they use it to and highways more affordable to build. resentatives last Friday with strong— make concrete—they call it It also creates hundreds of thousands and I emphasize strong—bipartisan FlexCrete—for highways, they use it in of jobs in the process, while using this support. It takes a commonsense ap- building materials, and they even use cost-effective material. proach to ensuring we can continue

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00088 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6877 this vital industry and, in fact, build drowned in a hotel pool, while on vaca- of Puerto Rico, the Virgin Islands, Guam, it, save millions of dollars for Amer- tion in Mexico. If Ms. Midlock had been American Samoa, and the Commonwealth of ican consumers and create hundreds of aware that this particular hotel did not the Northern Mariana Islands. thousands of jobs. offer adequate emergency care, perhaps SEC. 3. PROVIDING INFORMATION REGARDING THE POTENTIAL HEALTH AND SAFE- This bill not only preserves coal ash she would have chosen to stay at an- TY RISKS ASSOCIATED WITH OVER- recycling by preventing the byproducts other location where such services SEAS VACATION DESTINATIONS. from being treated as hazardous, it es- were offered. (a) IN GENERAL.—A covered website oper- tablishes Federal standards for coal Because of this, I feel strongly that ator shall provide to consumers information ash disposal. Under this legislation, websites must do their best to make on the Internet website of the covered website operator, in a manner the website States can set up their own permitting sure travelers are aware of the avail- operator considers appropriate, regarding programs for the management and dis- able onsite health and safety services the potential health and safety risks associ- posal of coal ash. These programs before they book. If a hotel can provide ated with overseas vacation destinations would be required to be based on exist- details about their fitness center, golf marketed on such website, if any, including ing EPA regulations to protect human courses, and high speed Internet, it can the following: health and the environment. If a State certainly indicate if there is a life- (1) Information compiled by the Depart- does not implement an acceptable per- guard on duty. ment of State, including Department of This bipartisan legislation requires State country-specific travel warnings and mit program, then the EPA regulates alerts. the program for that State. website operators to display the avail- (2) Information regarding the onsite health Importantly, States will know where able health and safety information of and safety services that are available to con- they stand under this bill since the their overseas destinations. This in- sumers at each overseas vacation destina- benchmark for what constitutes a suc- cludes Department of State travel tion, including whether the destination— cessful State program is set in statute. warnings, the availability of a nurse or (A) employs or contracts with a physician EPA can say: Yes, the State does meet physician on the premises, and the or nurse on the premises to provide medical these standards or, no, it doesn’t. But presence of a lifeguard on duty. Addi- treatment for guests; tionally, the Department of State is re- (B) employs or contracts with personnel, EPA cannot move the goalposts. This other than a physician, nurse, or lifeguard, is a State’s first approach that pro- quired to update the record of Deaths on the premises who are trained in vides regulatory certainty. What is cer- of US Citizens Aboard by Non-Natural cardiopulmonary resuscitation; tain is, under this bill, coal ash dis- Causes on a monthly basis with in- (C) has an automated external defibrillator posal sites will be required to meet es- creased granularity. and employs or contracts with 1 or more in- tablished standards. These include Finally, several provisions will en- dividuals on the premises trained in its use; groundwater detection and monitoring, sure that the travel industry is not and liners, corrective action when environ- burdened with impractical regulations. (D) employs or contracts with 1 or more lifeguards on the premises trained in mental damage occurs, structural sta- Website operators will have one year to request and display the necessary in- cardiopulmonary resuscitation, if the over- bility criteria and financial assurance seas vacation destination has swimming and the recordkeeping needed to pro- formation, if available, and are pro- pools or other water-based activities on its tect the public. tected from unfair lawsuits. Online premises, or in areas under its control for The Coal Residual Reuse and Man- travel websites provide an important use by guests. agement Act is legislation needed to service to many of us, and I look for- (b) SERVICES NOT AVAILABLE 24 HOURS A protect jobs and help reduce the cost of ward to working with them on behalf DAY.—If the onsite health and safety serv- of all Americans. This bill is an impor- ices described in subsection (a)(2) are not home and road construction and elec- available 24 hours a day, 7 days a week, a tric bills. tant first step to ensure Americans are covered website operator who provides infor- I wish to thank both the Republicans informed, prepared, and ultimately mation about such services under subsection and the Democrats who have taken a more aware, global travelers. (a) shall display the hours and days of avail- leadership role and are joining me in Mr. President, I ask unanimous con- ability on its Internet website in a manner cosponsoring this legislation. I particu- sent that the text of the bill be printed the covered website operator considers ap- larly wish to thank my fellow Senator in the RECORD. propriate. There being no objection, the text of (c) MINIMUM REQUIREMENT FOR OBTAINING from North Dakota, Mr. KENT CONRAD. INFORMATION.—If a covered website operator I urge our colleagues to join us and the bill was ordered to be printed in does not possess, with respect to an overseas support this important measure. the RECORD, as follows: vacation destination, information about the S. 1753 onsite health and safety services required to By Mr. KIRK (for himself, Mr. Be it enacted by the Senate and House of Rep- be displayed on its Internet website under BROWN of Massachusetts, Mr. resentatives of the United States of America in subsection (a), the covered website operator CARDIN, and Mr. KERRY) Congress assembled, shall, at a minimum, request such informa- S. 1753. A bill to require operators of SECTION 1. SHORT TITLE. tion from such destination. (d) INFORMATION NOT AVAILABLE.—If onsite Internet websites that provide access This Act may be cited as the ‘‘Inter- national Travelers Bill of Rights Act of health and safety services described in sub- to international travel services and section (a)(2) are not available at an overseas 2011’’. market overseas vacation destinations vacation destination, or if a covered website to provide on such websites informa- SEC. 2. DEFINITIONS. operator does not possess information about In this Act: the onsite health and safety services re- tion to consumers regarding the poten- (1) COMMISSION.—The term ‘‘Commission’’ tial health and safety risks associated quired to be displayed on its Internet website means the Federal Trade Commission. under subsection (a), the covered website op- with traveling to such vacation des- (2) COVERED WEBSITE OPERATOR.—The term erator shall display on the Internet website tinations, and for other purposes; to ‘‘covered website operator’’ means an indi- of the website operator, in a manner the the Committee on Commerce, Science, vidual or entity that operates an Internet website operator considers appropriate, the and Transportation. website that provides access to international following: ‘‘This destination does not provide Mr. KIRK. Mr. President, I rise today travel services. Such term includes an over- certain health and safety services, or infor- to introduce the bi-partisan Inter- seas vacation destination or a third party mation regarding such services is not avail- that operates an Internet website that offers national Travelers Bill of Rights of 2011 able.’’. international travel services. (e) IMMUNITY.—A covered website provider with my colleagues Senators Scott (3) INTERNATIONAL TRAVEL SERVICES.—The shall not be liable in a civil action in a Fed- Brown, Ben Cardin, and John Kerry. It term ‘‘international travel services’’ means a eral or State court relating to inaccurate or is critical that consumers are able to service that a consumer can use to reserve incomplete information published under sub- make fully informed decisions, espe- lodging at an overseas vacation destination. section (a) regarding an overseas vacation cially with regard to health and safety, (4) OVERSEAS VACATION DESTINATION.—The destination that is not owned or operated by as more Americans use the Internet to term ‘‘overseas vacation destination’’ means the covered website provider if— book overseas travel. a resort, hotel, retreat, hostel, or any other (1) such information was provided by the similar lodging located outside the United overseas vacation destination; and This effort is on behalf of my con- States. (2) the covered website provider published stituent, Nancy Midlock of Shorewood, (5) UNITED STATES.—The term ‘‘United such information without knowledge that Illinois, whose family suffered a great States’’ means each of the several States, such information was inaccurate or incom- tragedy when her 8-year old son, Brent, the District of Columbia, the Commonwealth plete, as the case may be.

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00089 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6878 CONGRESSIONAL RECORD — SENATE October 20, 2011 SEC. 4. ENFORCEMENT BY FEDERAL TRADE COM- My legislation waives the Jones Act The economic impacts of these MISSION. and the Passenger Vessel Services Act events are significant. (a) UNFAIR OR DECEPTIVE ACTS OF PRAC- for all vessels participating in or sup- TICES.—A violation of this Act shall be treat- The waiver is widely supported by ed as a violation of a rule defining an unfair porting the America’s Cup events. labor, business and members of both or deceptive act or practice prescribed under However, this waiver is limited and parties. section 18(a)(1)(B) of the Federal Trade Com- narrow. It was carefully crafted to pro- This is straightforward, common mission Act (15 U.S.C. 57a(a)(1)(B)). tect our domestic industry and pas- sense legislation that will facilitate (b) POWERS OF COMMISSION.—The Commis- senger service operators. The legisla- international participation in a glob- sion shall enforce this Act in the same man- tion specifically states that the au- ally recognized sporting event. ner, by the same means, and with the same thority to operate in U.S. waters is I urge my colleagues to support this jurisdiction, powers, and duties as though all strictly limited to activities that occur legislation. applicable terms and provisions of the Fed- during and related to America’s Cup eral Trade Commission Act (15 U.S.C. 41 et Events. Mr. President, I ask unanimous con- seq.) were incorporated into and made a part sent that the text of the bill be printed of this Act. The vessels are prohibited from in the RECORD. (c) DEADLINE FOR ISSUANCE OF REGULA- transporting more than 25 individuals TIONS.—The Commission shall prescribe reg- or from receiving compensation for There being no objection, the text of ulations to carry out this Act not later than transportation. the bill was ordered to be printed in 1 year after the date of the enactment of this The vessels are prohibited from the RECORD, as follows: Act. transporting merchandise between S. 1759 SEC. 5. DEPARTMENT OF STATE RECORDS OF ports. Be it enacted by the Senate and House of Rep- OVERSEAS DEATHS OF UNITED I understand that Jones Act waivers STATES CITIZENS FROM NON- resentatives of the United States of America in NATURAL CAUSES. can be sensitive subjects for many, but Congress assembled, (a) INCREASED GRANULARITY OF DATA COL- I want to assure my colleagues that SECTION 1. SHORT TITLE. LECTED.—Subsection (a) of section 57 of the this is a noncontroversial bill. This Act may be cited as the ‘‘America’s State Department Basic Authorities Act of The waiver is widely supported by Cup Act of 2011’’. 1956 (22 U.S.C. 2729) is amended by striking local governments and business groups SEC. 2. DEFINITIONS. paragraph (2) and inserting the following: in California and Rhode Island. ‘‘(2) The location of where the death oc- Equally important, it is not opposed In this Act: (1) 34TH AMERICA’S CUP.—The term ‘‘34th curred, including the address of the location, by the American Maritime Partner- the name of the property where the death oc- America’s Cup’’— curred, and the state or province and munici- ship, AMP. Like many of us, the AMP’s (A) means the sailing competitions, com- pality of such location, if available.’’. neutrality was critical to me before I mencing in 2011, to be held in the United (b) INCREASED FREQUENCY OF PUBLICA- decided to pursue this legislation. States in response to the challenge to the de- TION.—Subsection (c) of such section is As many of my colleagues know, the fending team from the United States, in ac- amended by striking ‘‘at least every six American Maritime Partnership, for- cordance with the terms of the America’s months’’ and inserting ‘‘not less frequently merly called the American Cabotage Cup governing Deed of Gift, dated October 24, than once each month’’. Task Force, is the voice of the U.S. do- 1887; and (B) if a United States yacht club success- (c) MONTHLY REPORTS TO CONGRESS.—Such mestic maritime industry. The group section is amended by adding at the end the fully defends the America’s Cup, includes ad- following: represents more than 450 member orga- ditional sailing competitions conducted by ‘‘(d) REPORTS TO CONGRESS.—Each time the nizations ranging from vessel owners America’s Cup Race Management during the Secretary updates the information made and shipboard unions to shipbuilders 1-year period beginning on the last date of available under subsection (c), the Secretary and equipment manufacturers. such defense. shall submit to Congress a report containing These diverse interests recognize the (2) AMERICA’S CUP RACE MANAGEMENT.—The such information.’’. importance of a strong domestic mari- term ‘‘America’s Cup Race Management’’ time industry and share my belief that means the entity established to provide for By Mrs. FEINSTEIN (for herself, the continued success of this industry independent, professional, and neutral race management of the America’s Cup sailing Mrs. BOXER, Mr. REED, and Mr. is critical for America’s economic secu- WHITEHOUSE): competitions. rity and independence. (3) ELIGIBILITY CERTIFICATION.—The term S. 1759. A bill to facilitate the Needless to say, Jones Act waivers hosting in the United States of the 34th ‘‘Eligibility Certification’’ means a certifi- are not an issue the AMP takes lightly, cation issued under section 4. America’s Cup by authorizing certain so I thank them for their willingness to (4) ELIGIBLE VESSEL.—The term ‘‘eligible eligible vessels to participate in activi- work with me to bring this great event vessel’’ means a competing vessel or sup- ties related to the competition, to the back to the United States. porting vessel of any registry that— Committee on Commerce, Science, and The reason the American Maritime (A) is recognized by America’s Cup Race Transportation. Partnership and so many other organi- Management as an official competing vessel, Mrs. FEINSTEIN. Mr. President, zations support this legislation is that or supporting vessel of, the 34th America’s Cup, as evidenced in writing to the Adminis- today I wish to introduce the Amer- it will create jobs and stimulate the ica’s Cup Act of 2011. This legislation trator of the Maritime Administration of the economy. Department of Transportation; will enable foreign ships to compete for As I mentioned, the first event in the (B) transports not more than 25 individ- the 34th America’s Cup, scheduled to America’s Cup World Series will occur uals, in addition to the crew; begin in November. in San Diego. This event alone is ex- (C) is not a ferry (as defined under section I am happy to be joined by Senators pected to bring $20 million to local 2101(10b) of title 46, United States Code; BARBARA BOXER, JACK REED, and SHEL- businesses. (D) does not transport individuals in point- DON WHITEHOUSE as original cospon- When the larger America’s Cup to-point service for hire; and sors. Finals take place in San Francisco, the (E) does not transport merchandise be- tween ports in the United States. The America’s Cup is one of the old- economic impacts are expected to be est global sporting competitions. Its (5) SUPPORTING VESSEL.—The term ‘‘sup- far greater. According to a recent porting vessel’’ means a vessel that is oper- economic impact is surpassed only by study by Beacon Economics and the ating in support of the 34th America’s Cup the Olympics and the World Cup of soc- Bay Area Council the increase in eco- by— cer. nomic activity in San Francisco could (A) positioning a competing vessel on the The event will begin in San Diego on be nearly $1.4 billion. This is three race course; November 12th. Next year the events times the estimated impact of hosting (B) transporting equipment and supplies continue in Italy and Newport, Rhode a Super Bowl, $300-$500 million. utilized for the staging, operations, or broad- Island, and they conclude in San Fran- The event could create as many as cast of the competition; or (C) transporting individuals who— cisco in September 2013. 8,840 jobs in San Francisco. But the events in San Diego, Newport (i) have not purchased tickets or directly Local Governments could generate paid for their passage; and and San Francisco cannot take place an additional $85 million in revenue. (ii) who are engaged in the staging, oper- unless we waive certain laws that pro- Nationwide, the event is expected to ations, or broadcast of the competition, race hibit foreign vessels from operating in increase domestic economic activity by team personnel, members of the media, or U.S. waters. $1.9 billion and create 11,978 jobs. event sponsors.

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00090 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6879 SEC. 3. AUTHORIZATION OF ELIGIBLE VESSELS. have made to the United States and the in reality there is no substantial cost for Notwithstanding sections 55102, 55103, and world throughout history; and adopting from foster care and financial sup- 55111 of title 46, United States Code, an eligi- (2) urges the people of the United States— port is available to adoptive parents after ble vessel, operating only in preparation for, (A) to acknowledge October 2011 as Italian the adoption is finalized; or in connection with, the 34th America’s and Italian-American Heritage Month; and Whereas both National Adoption Day and Cup competition, may position competing (B) to observe the month with appropriate National Adoption Month occur in the vessels and may transport individuals and events and activities. month of November; Whereas National Adoption Day is a collec- equipment and supplies utilized for the stag- f ing, operations, or broadcast of the competi- tive national effort to find permanent, loving tion from and around the ports in the United SENATE RESOLUTION 302—EX- families for children in the foster care sys- States. PRESSING SUPPORT FOR THE tem; SEC. 4. CERTIFICATION. GOALS OF NATIONAL ADOPTION Whereas since the first National Adoption (a) REQUIREMENT.—A vessel may not oper- DAY AND NATIONAL ADOPTION Day in 2000, more than 35,000 children have ate under section 3 unless the vessel has re- joined forever families during National MONTH BY PROMOTING NA- Adoption Day; ceived an Eligibility Certification. TIONAL AWARENESS OF ADOP- (b) ISSUANCE.—The Administrator of the Whereas in 2010, adoptions were finalized Maritime Administration of the Department TION AND THE CHILDREN for nearly 5,000 children through 400 National of Transportation is authorized to issue an AWAITING FAMILIES, CELE- Adoption Day events in all 50 States, the Eligibility Certification with respect to any BRATING CHILDREN AND FAMI- District of Columbia, and Puerto Rico; and vessel that the Administrator determines, in LIES INVOLVED IN ADOPTION, Whereas the President traditionally issues his or her sole discretion, meets the require- AND ENCOURAGING THE PEOPLE an annual proclamation to declare the ments set forth in section 2(4). OF THE UNITED STATES TO SE- month of November as National Adoption Month, and National Adoption Day is on No- SEC. 5. ENFORCEMENT. CURE SAFETY, PERMANENCY, vember 19, 2011: Now, therefore, be it Notwithstanding sections 55102, 55103, and AND WELL-BEING FOR ALL CHIL- Resolved, That the Senate— 55111 of title 46, United States Code, an Eligi- DREN (1) supports the goals and ideals of Na- bility Certification shall be conclusive evi- Ms. LANDRIEU (for herself, Mr. tional Adoption Day and National Adoption dence to the Secretary of the Department of Month; Homeland Security of the qualification of INHOFE, Mr. KERRY, Ms. KLOBUCHAR, (2) recognizes that every child should have the vessel for which it has been issued to Mr. WYDEN, Mr. LAUTENBERG, Mrs. a permanent and loving family; and participate in the 34th America’s Cup as a HUTCHISON, Mr. BOOZMAN, Mr. BLUNT, (3) encourages the people of the United competing vessel or a supporting vessel. Mr. LUGAR, Mrs. GILLIBRAND, Mr. States to consider adoption during the SEC. 6. PENALTY. LEVIN, Mr. GRASSLEY, Ms. COLLINS, Mr. month of November and all throughout the Any vessel participating in the 34th Amer- BAUCUS, Mr. MORAN, Mr. NELSON of Ne- year. ica’s Cup as a competing vessel or supporting braska, Mr. CARDIN, Mr. JOHNSON of f vessel that has not received an Eligibility Certification or is not in compliance with South Dakota, Mr. BROWN of Ohio, and SENATE RESOLUTION 303—HON- section 12112 of title 46, United States Code, Mr. DEMINT) submitted the following ORING THE LIFE, SERVICE, AND shall be subject to the applicable penalties resolution; which was referred to the SACRIFICE OF CAPTAIN COLIN P. provided in chapters 121 and 551 of title 46, Committee on Health, Labor, and Pen- KELLY JR., UNITED STATES United States Code. sions: ARMY f S. RES. 302 Mr. NELSON of Florida submitted SUBMITTED RESOLUTIONS Whereas there are approximately 408,000 the following resolution; which was re- children in the foster care system in the ferred to the Committee on Armed United States, approximately 107,000 of Services: SENATE RESOLUTION 301—URGING whom are waiting for families to adopt S. RES. 303 THE PEOPLE OF THE UNITED them; STATES TO OBSERVE OCTOBER Whereas 56 percent of the children in foster Whereas Captain Colin P. Kelly Jr. was care are age 10 or younger; born in Madison, Florida in 1915 and grad- 2011 AS ITALIAN AND ITALIAN- Whereas the average length of time a child uated from that community’s high school in AMERICAN HERITAGE MONTH spends in foster care is more than 2 years; 1932; Mr. CASEY submitted the following Whereas for many foster children, the wait Whereas Captain Kelly attended the United resolution; which was referred to the for a loving family in which they are nur- States Military Academy at West Point, New Committee on the Judiciary: tured, comforted, and protected seems end- York, graduating in 1937 and was assigned to less; a B–17 bomber group; S. RES. 301 Whereas in 2010, nearly 28,000 youth ‘‘aged Whereas Captain Kelly was stationed in Whereas Italian and Italian-American Her- out’’ of foster care by reaching adulthood the Philippines as a B–17 pilot in the Army itage Month is an appropriate time to recog- without being placed in a permanent home; Air Corps when the United States came nize the enormous contributions that Italian Whereas everyday, loving and nurturing under Japanese attack on December 7, 1941; and Italian-American people have made to families are strengthened and expanded when Whereas on December 10, 1941, when Clark the United States and the world throughout committed and dedicated individuals make Field in the Philippines was attacked by history, including generals, admirals, phi- an important difference in the life of a child Japanese forces, Captain Kelly and his 7 crew losophers, statesmen, musicians, athletes, through adoption; members, Lieutenant Joe M. Bean, Second and Nobel Prize-winning scientists; Whereas a 2007 survey conducted by the Lieutenant Donald Robins, Staff Sergeant Whereas Italian and Italian-American Her- Dave Thomas Foundation for Adoption dem- James E. Halkyard, Technical Sergeant Wil- itage Month salutes the Italian and Italian- onstrated that though ‘‘Americans over- liam J. Delehanty, Sergeant Meyer S. Levin, American community and expresses appre- whelmingly support the concept of adoption, Private First Class Willard L. Money, and ciation for the culture and heritage of and in particular foster care adoption . . . Private First Class Robert E. Altman, were Italians and Italian Americans that has im- foster care adoptions have not increased sig- sent to locate and sink a Japanese Aircraft measurably enriched the lives of the people nificantly over the past five years’’; Carrier, one of the first bombing missions of of the United States and the world; Whereas while 4 in 10 Americans have con- World War II; Whereas the strength and success of the sidered adoption, a majority of Americans Whereas the crew, commanded by Captain United States, the vitality of communities, have misperceptions about the process of Kelly, located Japanese warships operating and the effectiveness of society depend, in adopting children from foster care and the off the Luzon Coast, and during the mission great measure, upon the distinctive and ster- children who are eligible for adoption; successfully hit a large Japanese warship; ling qualities demonstrated by various eth- Whereas 71 percent of those who have con- Whereas on the return flight to Clark nic groups and exemplified by members of sidered adoption consider adopting children Field, the B–17 came under attack by 2 the Italian and Italian-American commu- from foster care above other forms of adop- enemy aircraft and was critically damaged; nity, who share their rich and unique herit- tion; Whereas Captain Kelly ordered his crew to age with all people of the United States; and Whereas 45 percent of Americans believe bail out while he remained at the controls; Whereas it is fitting and proper that Octo- that children enter the foster care system Whereas Captain Kelly continued to oper- ber 2011 be observed as Italian and Italian- because of juvenile delinquency, when in re- ate the controls as the 6 surviving crew American Heritage Month throughout the ality the vast majority of children who have members bailed out and parachuted safely to United States: Now, therefore, be it entered the foster care system were victims the ground, despite remaining under fire dur- Resolved, That the Senate— of neglect, abandonment, or abuse; ing the descent; (1) recognizes the enormous contributions Whereas 46 percent of Americans believe Whereas the B–17 crashed near Clark Field, that Italian and Italian-American people that foster care adoption is expensive, when killing Captain Kelly, who had remained at

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the controls so his crew had time to evac- S. RES. 305 creasing threat of cybercrime and fraud uate the aircraft; Whereas, in the case of Edward Paul through viruses, worms, Trojans, and mali- Whereas Captain Kelly was posthumously Celestine, Jr. v. Social Security Administration, cious programs, such as spyware, adware, awarded the Distinguished Service Cross for No. 4:11–CV–3376, pending in the United hacking tools, and password stealers, that his heroic actions on December 10, 1941; and States District Court for the Southern Dis- are frequent and fast in propagation, are Whereas the Four Freedoms Monument in trict of Texas, the plaintiff has sent sub- costly to repair, and may disable entire sys- Madison, Florida was commissioned by poenas for testimony and documents to Sen- tems; President Franklin D. Roosevelt and dedi- ator John Cornyn and Senator Kay Bailey Whereas the intellectual property, includ- cated in Captain Kelly’s memory in 1943: Hutchison; and, ing proprietary information, copyrights, pat- Now, therefore, be it Whereas, pursuant to sections 703(a) and ents, trademarks, and related information, Resolved, That the Senate— 704(a)(2) of the Ethics in Government Act of of businesses, academic institutions, govern- (1) recognizes Captain Colin P. Kelly Jr. as 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the ment, and individuals are vital to the eco- an Army officer and pilot of the highest cal- Senate may direct its counsel to represent nomic security of the United States; iber, upholding the Army’s core values of Members, officers, and employees of the Sen- Whereas millions of records containing loyalty, duty, respect, selfless service, honor, ate with respect to any subpoena, order, or personally identifiable information have integrity, and personal courage; request for testimony or documents relating been lost, stolen, or breached, threatening (2) commends Captain Kelly for his service to their official responsibilities: Now, there- the security and financial well-being of the to the United States during the first days of fore, be it people of the United States; World War II; and Resolved, That the Senate Legal Counsel is Whereas consumers face significant finan- authorized to represent Senator John (3) honors the sacrifice made by Captain cial and personal privacy losses due to per- Cornyn and Senator Kay Bailey Hutchison in Kelly, giving his own life to save the lives of sonally identifiable information being more this matter as well as any employee in Sen- his crew. exposed to theft and fraud than ever before; ator Cornyn’s or Senator Hutchison’s offices Whereas national organizations, policy- f who may be subpoenaed in this case. makers, governmental agencies, private-sec- SENATE RESOLUTION 304—SUP- f tor companies, nonprofit institutions, PORTING ‘‘LIGHTS ON AFTER- schools, academic organizations, consumers, SENATE RESOLUTION 306—SUP- and the media recognize the need to increase SCHOOL’’, A NATIONAL CELEBRA- PORTING THE GOALS AND awareness of cybersecurity and the need for TION OF AFTERSCHOOL PRO- IDEALS OF NATIONAL CYBERSE- enhanced cybersecurity in the United States; GRAMS CURITY AWARENESS MONTH Whereas coordination between the numer- Mrs. BOXER (for herself, Ms. COL- AND RAISING AWARENESS AND ous Federal agencies involved in cybersecu- rity efforts is essential to securing the cyber LINS, Mr. COCHRAN, Mr. WHITEHOUSE, ENHANCING THE STATE OF CY- infrastructure of the United States; Mr. CASEY, and Ms. STABENOW) sub- BERSECURITY IN THE UNITED STATES Whereas in February 2003 the White House mitted the following resolution; which issued National Strategy to Secure Cyber- was: Mr. JOHNSON of Wisconsin (for him- space, which recommends a comprehensive S. RES. 304 self, Mr. LIEBERMAN, Ms. COLLINS, Ms. national awareness program to empower all people in the United States, including busi- Whereas high-quality afterschool programs LANDRIEU, Mr. BEGICH, Mr. AKAKA, Mr. nesses, the general workforce, and the gen- provide safe, challenging, engaging, and fun COONS, Mr. CARPER, Mr. BROWN of Mas- eral population, to secure their own portions learning experiences that help children and sachusetts, and Ms. SNOWE) submitted of cyberspace; youth develop social, emotional, physical, the following resolution, which was: Whereas in May 2009 the White House cultural, and academic skills; S. RES. 306 issued Cyberspace Policy Review, which rec- Whereas high-quality afterschool programs Whereas the use of the Internet in the ommends that the Federal Government ini- support working families by ensuring that United States to communicate, conduct busi- tiate a national public awareness and edu- the children in those families are safe and ness, and generate commerce that benefits cation campaign to promote cybersecurity; productive after the regular school day ends; the overall United States economy is ubiq- Whereas ‘‘STOP. THINK. CONNECT.’’ is Whereas high-quality afterschool programs uitous; the national cybersecurity awareness cam- build stronger communities by involving stu- Whereas the United States technological paign founded and led by the National Cyber dents, parents, business leaders, and adult know-how, innovation, and entrepreneurship Security Alliance, the Anti-Phishing Work- volunteers in the lives of children in the are all digitally connected; ing Group as a public-private partnership United States, thereby promoting positive Whereas as the pace of innovation has ac- with the Department of Homeland Security, relationships among children, youth, fami- celerated, so too have methods to attack the and a coalition of private companies, non- lies, and adults; United States economic prosperity and secu- profits, and governmental organizations to Whereas high-quality afterschool programs rity, spawning new, high-tech challenges, help all digital people of the United States engage families, schools, and diverse commu- from identity theft to corporate hacking to stay safer and more secure online; nity partners in advancing the well-being of cyberbullying; Whereas the National Initiative for Cyber- children in the United States; Whereas many people use the Internet in security Education, led by the National In- Whereas ‘‘Lights On Afterschool’’, a na- the United States to communicate with fam- stitute of Standards and Technology, is the tional celebration of afterschool programs ily and friends, manage finances and pay coordinating body for the Federal Govern- held on October 20, 2011, highlights the crit- bills, access educational opportunities, shop ment to establish a sustainable, operational, ical importance of high-quality afterschool at home, participate in online entertainment and continually improving cybersecurity programs in the lives of children, their fami- and games, and stay informed of news and education program to enhance the United lies, and their communities; current events; States cybersecurity and support the devel- Whereas more than 28,000,000 children in Whereas small businesses in the United opment of a professional cybersecurity work- the United States have parents who work States, which employ a significant portion of force and cyber-capable people; outside the home and approximately the private workforce, increasingly rely on Whereas according to U.S. Cyber Chal- 15,100,000 children in the United States have the Internet to manage their businesses, ex- lenge, the initiative is working to identify no place to go after school; and pand their customer reach, and enhance the ‘‘10,000 of America’s best and brightest to fill Whereas many afterschool programs across management of their supply chain; the ranks of cybersecurity professionals the United States are struggling to keep Whereas many schools in the United States where their skills can be of the greatest their doors open and their lights on: Now, have Internet access to enhance the edu- value to the nation’’; therefore, be it cation of children by providing access to edu- Whereas the Cyber Innovation Center has Resolved, That the Senate supports the cational online content and encouraging established cyber camps and other edu- goals and ideals of ‘‘Lights On Afterschool’’, self-initiative to discover research resources; cational programs to bolster knowledge of a national celebration of afterschool pro- Whereas cybersecurity is a critical part of science, technology, math, and engineering grams. the United States national and economic se- to build a sustainable knowledge-based f curity; workforce capable of addressing cyber Whereas the United States critical infra- threats and the future needs of government, SENATE RESOLUTION 305—TO AU- structure and economy rely on the secure industry, and academia; and THORIZE LEGAL REPRESENTA- and reliable operation of information net- Whereas the National Cyber Security Alli- TION IN EDWARD PAUL works to support the United States military, ance, the Multi-State Information Sharing & CELESTINE, JR. V. SOCIAL SECU- civilian government, energy, telecommuni- Analysis Center, the Department of Home- RITY ADMINISTRATION cations, financial services, transportation, land Security, and other organizations work- health care, and emergency response sys- ing to improve cybersecurity in the United Mr. REID of Nevada (for himself and tems; States have designated October 2011 as the Mr. MCCONNELL) submitted the fol- Whereas Internet users and information in- eighth annual National Cybersecurity lowing resolution; which was: frastructure owners and operators face an in- Awareness Month, which serves to educate

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Mr. PRYOR submitted an amend- (2) continues to work with Federal agen- the largest concentration of oceanographers ment intended to be proposed by him to the cies, businesses, educational institutions, in the world; bill H.R. 2112, supra; which was ordered to lie and other organizations to enhance the state (2) the most powerful supercomputer of the on the table. of cybersecurity in the United States; United States Navy; and SA 905. Mr. PRYOR submitted an amend- (3) commends the work of National Initia- (3) the National Center for Critical Infor- ment intended to be proposed by him to the tive for Cybersecurity Education and all the mation Processing and Storage, which is fa- bill H.R. 2112, supra; which was ordered to lie Federal agencies, nonprofits, educational in- cilitating the data center consolidation ef- on the table. stitutions, businesses, and other organiza- forts by the Department of Homeland Secu- SA 906. Mr. MERKLEY (for himself, Mr. tions that support this effort; rity; BROWN of Massachusetts, and Mr. SCHUMER) (4) recognizes ‘‘STOP. THINK. CONNECT.’’ Whereas the Stennis Space Center played a submitted an amendment intended to be pro- as the national cybersecurity awareness critical role during the Deepwater Horizon posed to amendment SA 738 proposed by Mr. campaign to educate the people of the United oil spill by providing unique resources and INOUYE to the bill H.R. 2112, supra; which was States and help all people of the United expertise on the Gulf of Mexico ecosystem to ordered to lie on the table. States stay safer and more secure online; predict the spread and impact of the spill; SA 907. Mr. COONS submitted an amend- and Whereas the Stennis Space Center is an ment intended to be proposed to amendment (5) congratulates the National Cyber Secu- economic engine for Mississippi and Lou- SA 738 proposed by Mr. INOUYE to the bill rity Alliance, the Multi-State Information isiana, generating— H.R. 2112, supra; which was ordered to lie on Sharing & Analysis Center, the Department (1) approximately 5,400 jobs; the table. of Homeland Security, and other organiza- (2) a direct global economic impact of SA 908. Mr. JOHNSON of South Dakota tions working to improve cybersecurity in $875,000,000; and submitted an amendment intended to be pro- the United States on the eighth anniversary (3) a direct economic impact of $616,000,000 posed to amendment SA 738 proposed by Mr. of National Cyber Security Awareness Month within a 50-mile radius; and INOUYE to the bill H.R. 2112, supra; which was during October 2011. ordered to lie on the table. Whereas the Stennis Space Center is com- SA 909. Mr. REED submitted an amend- f mitted to continuing in the role of inspiring ment intended to be proposed to amendment the next generation of United States sci- SA 738 proposed by Mr. INOUYE to the bill SENATE RESOLUTION 307—HON- entists, engineers, and professionals: Now, ORING THE MEN AND WOMEN OF H.R. 2112, supra; which was ordered to lie on therefore, be it the table. THE JOHN C. STENNIS SPACE Resolved, That the Senate— SA 910. Mr. LAUTENBERG submitted an CENTER ON REACHING THE HIS- (1) congratulates the National Aeronautics amendment intended to be proposed to and Space Administration on reaching the TORIC MILESTONE OF 50 YEARS amendment SA 738 proposed by Mr. INOUYE OF ROCKET ENGINE TESTING historic milestone of the 50th anniversary of to the bill H.R. 2112, supra; which was or- the John C. Stennis Space Center; and dered to lie on the table. Mr. WICKER (for himself, Mr. COCH- (2) honors the men and women who worked SA 911. Mr. CARDIN submitted an amend- RAN, Mr. VITTER, and Ms. LANDRIEU) tirelessly to design, build, and test the rock- ment intended to be proposed to amendment et engines used in the Apollo and Space submitted the following resolution; SA 738 proposed by Mr. INOUYE to the bill which was: Shuttle programs in order to promote H.R. 2112, supra; which was ordered to lie on science, engineering, innovation, and explo- S. RES. 307 the table. ration to the benefit of the United States SA 912. Mr. KYL (for himself, Mr. CORNYN, Whereas, 50 years ago this month, on Octo- and all humankind. ber 25, 1961, the National Aeronautics and and Mr. MCCAIN) proposed an amendment to Space Administration (referred to in this f the bill H.R. 2112, supra. preamble as ‘‘NASA’’) publicly announced SA 913. Mr. CASEY (for himself, Mr. AMENDMENTS SUBMITTED AND BLUMENTHAL, and Ms. KLOBUCHAR) submitted plans to establish a testing facility in Han- PROPOSED cock County, Mississippi, for the purpose of an amendment intended to be proposed to flight-certifying all first and second stages SA 896. Mr. BROWN of Massachusetts sub- amendment SA 738 proposed by Mr. INOUYE of the Saturn V rocket for the Apollo lunar mitted an amendment intended to be pro- to the bill H.R. 2112, supra; which was or- landing program that would take humans to posed by him to the bill H.R. 2112, making dered to lie on the table. the Moon; appropriations for Agriculture, Rural Devel- SA 914. Mr. BROWN of Ohio submitted an Whereas the testing facility was renamed opment, Food and Drug Administration, and amendment intended to be proposed by him the John C. Stennis Space Center (referred Related Agencies programs for the fiscal to the bill H.R. 2112, supra; which was or- to in this preamble as the ‘‘Stennis Space year ending September 30, 2012, and for other dered to lie on the table. Center’’) in 1988 in honor of United States purposes; which was ordered to lie on the SA 915. Mr. DURBIN submitted an amend- Senator John C. Stennis of Mississippi; table. ment intended to be proposed by him to the Whereas the Stennis Space Center con- SA 897. Mr. BROWN of Ohio (for himself bill H.R. 2112, supra; which was ordered to lie on the table. ducted 45 engine tests for the Apollo pro- and Mr. DURBIN) submitted an amendment SA 916. Mr. DURBIN submitted an amend- gram; intended to be proposed to amendment SA ment intended to be proposed by him to the Whereas the Stennis Space Center is now 738 proposed by Mr. INOUYE to the bill H.R. bill H.R. 2112, supra; which was ordered to lie home to the largest rocket engine test com- 2112, supra; which was ordered to lie on the on the table. plex in the United States and serves as the table. SA 917. Mr. VITTER submitted an amend- premier rocket-propulsion testing facility in SA 898. Mr. RUBIO (for himself, Mr. WICK- ment intended to be proposed to amendment the United States, providing propulsion test ER, Mr. NELSON of Florida, Ms. LANDRIEU, SA 857 proposed by Mr. MENENDEZ (for him- services for NASA, the Department of De- and Mr. SHELBY) proposed an amendment to self, Mr. ISAKSON, and Mrs. FEINSTEIN) to the fense, and commercial providers; the bill H.R. 2112, supra. amendment SA 738 proposed by Mr. INOUYE Whereas NASA has celebrated the end of a SA 899. Mr. DEMINT submitted an amend- to the bill H.R. 2112, supra. successful Space Shuttle program, having ment intended to be proposed by him to the SA 918. Mr. INOUYE proposed an amend- conducted more than 2,000 total space shut- bill H.R. 2112, supra; which was ordered to lie ment to the bill H.R. 2112, supra. tle main engine tests and certified 54 flight on the table. engines at the Stennis Space Center; SA 900. Ms. SNOWE (for herself and Ms. f Whereas, as NASA enters a new era in LANDRIEU) submitted an amendment in- TEXT OF AMENDMENTS space exploration, the Stennis Space Center tended to be proposed by her to the bill H.R. will continue to play a vital role in the 2112, supra; which was ordered to lie on the SA 896. Mr. BROWN of Massachusetts United States space program and commer- table. submitted an amendment intended to cial space efforts; SA 901. Mr. DEMINT submitted an amend- be proposed by him to the bill H.R. Whereas the Stennis Space Center has ment intended to be proposed by him to the 2112, making appropriations for Agri- grown into a unique Federal city that in- bill H.R. 2112, supra; which was ordered to lie culture, Rural Development, Food and cludes more than 30 Federal, State, aca- on the table. Drug Administration, and Related demic, and private organizations, and nu- SA 902. Mr. KYL submitted an amendment merous technology-based companies; intended to be proposed to amendment SA Agencies programs for the fiscal year Whereas the companies and agencies at the 738 proposed by Mr. INOUYE to the bill H.R. ending September 30, 2012, and for Stennis Space Center share the cost of oper- 2112, supra; which was ordered to lie on the other purposes; which was ordered to ating and maintaining the facility, making table. lie on the table; as follows:

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Veterans Day than $11,196,000 shall be available for the the following: ‘‘The President shall each year issue a costs of courthouse security equipment, in- SEC. 114. (a) None of the funds appropriated cluding furnishings, relocations, electronic proclamation calling on the people of the or otherwise made available by this title United States to observe two minutes of si- security devices, telephone systems, and ca- may be obligated or expended to terminate bling. lence on Veterans Day, beginning at 2:11 p.m. the operations of an office of the United eastern time, in honor of the service and sac- States and Foreign Commercial Service in SA 903. Mr. BINGAMAN (for himself, rifice of veterans throughout the history of the embassy of the United States in a coun- Ms. MURKOWSKI, and Mr. UDALL of Col- the Nation.’’. try described in subsection (b). (b) CLERICAL AMENDMENT.—The table of (b) A country described in this subsection orado) submitted an amendment in- sections for chapter 1 of title 36, United is a country for which the ratio of the vol- tended to be proposed by him to the States Code, is amended by adding at the end ume of goods and services exported to that bill H.R. 2112, making appropriations the following new item: country by small businesses in the United for Agriculture, Rural Development, ‘‘145. Veterans Day.’’. States in fiscal year 2007 to the volume of all Food and Drug Administration, and goods and services exported to that country Related Agencies programs for the fis- SA 897. Mr. BROWN of Ohio (for him- from the United States in that fiscal year ex- cal year ending September 30, 2012, and self and Mr. DURBIN) submitted an ceeds by not less than 20 percent the ratio of the volume of goods and services exported to for other purposes; which was ordered amendment intended to be proposed to all countries by small businesses in the to lie on the table; as follows: amendment SA 738 proposed by Mr. United States in that fiscal year to the vol- On page 125, line 3, insert before the period Inouye to the bill H.R. 2112, making ap- ume of all goods and services exported to all at the end the following: ‘‘: Provided further, propriations for Agriculture, Rural De- countries from the United States in that fis- That no funds made available under this velopment, Food and Drug Administra- cal year. heading shall be made available to enforce tion, and Related Agencies programs (c) For purposes of subsection (b), the vol- sections 5861 or 5872 of the Internal Revenue for the fiscal year ending September 30, ume of goods and services exported from the Code of 1986 with respect to destructive de- United States in fiscal year 2007 shall be de- 2012, and for other purposes; which was vices that are owned by the United States termined using data of the Bureau of the and used to protect public safety as part of ordered to lie on the table; as follows: Census for that fiscal year. the Forest Service Avalanche Control Pro- On page 286, between lines 6 and 7, insert gram’’. the following: SA 901. Mr. DEMINT submitted an SEC. ll. None of the funds made available amendment intended to be proposed by SA 904. Mr. PRYOR submitted an to the Department of Transportation by this him to the bill H.R. 2112, making ap- amendment intended to be proposed by Act or an amendment made by this Act shall propriations for Agriculture, Rural De- him to the bill H.R. 2112, making ap- be used by any State or political subdivision velopment, Food and Drug Administra- propriations for Agriculture, Rural De- of a State for the purpose of studying, pro- tion, and Related Agencies programs moting, or finalizing the sale or long-term velopment, Food and Drug Administra- lease of any federally funded roadway, toll for the fiscal year ending September 30, tion, and Related Agencies programs road, bridge, airport, or transit system. 2012, and for other purposes; which was for the fiscal year ending September 30, ordered to lie on the table; as follows: 2012, and for other purposes; which was SA 898. Mr. RUBIO (for himself, Mr. At the appropriate place, insert the fol- ordered to lie on the table; as follows: WICKER, Mr. NELSON of Florida, Mr. lowing: On page 87, line 17, strike ‘‘grants’’ and in- SEC. . None of the funds made available LANDRIEU, and Mr. SHELBY) proposed ll sert ‘‘grants and loan guarantees’’. by this Act may be used to pay for telemedi- an amendment to the bill H.R. 2112, cine services that are used for the purpose of making appropriations for Agriculture, SA 905. Mr. PRYOR submitted an prescribing, dispensing, procuring, or other- amendment intended to be proposed by Rural Development, Food and Drug Ad- wise administering mifepristone, commonly ministration, and Related Agencies known as RU–486. him to the bill H.R. 2112, making ap- programs for the fiscal year ending propriations for Agriculture, Rural De- September 30, 2012, and for other pur- SA 902. Mr. KYL submitted an velopment, Food and Drug Administra- poses; as follows: amendment intended to be proposed to tion, and Related Agencies programs amendment SA 738 proposed by Mr. On page 153, after line 24, add the fol- for the fiscal year ending September 30, lowing: INOUYE to the bill H.R. 2112, making ap- 2012, and for other purposes; which was propriations for Agriculture, Rural De- SEC. 218. EVALUATION OF GULF COAST CLAIMS ordered to lie on the table; as follows: FACILITY. velopment, Food and Drug Administra- On page 5, line 1, strike ‘‘$230,416,000’’ and The Attorney General shall identify an tion, and Related Agencies programs insert ‘‘$226,916,000’’. independent auditor to evaluate the Gulf for the fiscal year ending September 30, On page 5, line 6, strike ‘‘$52,146,000’’ and Coast Claims Facility. 2012, and for other purposes; which was insert ‘‘$48,646,000’’. ordered to lie on the table; as follows: On page 45, line 21, strike ‘‘$509,295,000’’ and insert ‘‘$512,795,000’’. SA 899. Mr. DEMINT submitted an On page 89, line 10, strike ‘‘$253,336,000’’ and amendment intended to be proposed by On page 48, line 22, before the period at the insert ‘‘$226,836,000’’. end insert ‘‘: Provided further, That $3,500,000 him to the bill H.R. 2112, making ap- On page 100, line 6, strike ‘‘$56,726,000’’ and of the amounts appropriated under this head- propriations for Agriculture, Rural De- insert ‘‘$46,726,000’’. Beginning on page 117, strike line 13 and ing shall be for loans made by the Secretary, velopment, Food and Drug Administra- acting through the Administrator of the tion, and Related Agencies programs all that follows through page 118, line 2, and insert the following: Rural Utilities Service, under section 8 of for the fiscal year ending September 30, the Watershed Protection and Flood Preven- UNITED STATES MARSHALS SERVICE 2012, and for other purposes; which was tion Act (16 U.S.C. 1006a) to carry out SALARIES AND EXPENSES ordered to lie on the table; as follows: projects that include agricultural water sup- For necessary expenses of the United ply benefits, groundwater protection, envi- On page 108, between lines 22 and 23, insert States Marshals Service, $1,121,041,000; of ronmental enhancement, and flood control.’’ the following: which not to exceed $20,000,000 shall be avail- SEC. 114. None of the funds made available able for necessary expenses for increased SA 906. Mr. MERKLEY (for himself, by this Act may be used for carry out any deputy marshals and staff related to South- Mr. BROWN of Massachusetts, and Mr. provision of Executive Order 13547 (33 U.S.C. west border enforcement until September 30, 857-19 note; relating to stewardship of the SCHUMER) submitted an amendment in- 2012; of which not to exceed $6,000 shall be tended to be proposed to amendment ocean, coasts, and Great Lakes). available for official reception and represen- tation expenses; and of which not to exceed SA 738 proposed by Mr. INOUYE to the SA 900. Ms. SNOWE (for herself and $20,000,000 shall remain available until ex- bill H.R. 2112, making appropriations Ms. LANDRIEU) submitted an amend- pended. for Agriculture, Rural Development, ment intended to be proposed by her to CONSTRUCTION Food and Drug Administration, and the bill H.R. 2112, making appropria- For construction in space controlled, occu- Related Agencies programs for the fis- tions for Agriculture, Rural Develop- pied, or utilized by the United States Mar- cal year ending September 30, 2012, and

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00094 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6883 for other purposes; which was ordered mentality of a unit of general purpose local (1) conduct a study regarding the System, to lie on the table; as follows: government other than a public housing in accordance with subsection (c); and agency that is established pursuant to legis- (2) submit a report describing the results of On page 371, after line 7, add the following: lation and designated by the chief executive the study to— SEC. ll. Owners of properties supported to act on behalf of the local government with (A) the Committees on Appropriations of by the Secretary other than under section 9 regard to activities funded under this head- the House of Representatives and the Senate; of the United States Housing Act of 1937 (42 ing: Provided further, the term ‘State’ in- (B) the Committee on Transportation and U.S.C. 1437g), for which an event causing the cludes any instrumentality of any of the sev- Infrastructure of the House of Representa- cessation of rental assistance or afford- eral States designated by the Governor to tives; and ability restrictions has resulted or will re- act on behalf of the State and does not in- (C) the Committee on Environment and sult in eligibility for tenant protection clude Washington, D.C.: Provided further, for Public Works of the Senate. vouchers under section 8(o) or enhanced purposes of environmental review, the Sec- (c) REQUIREMENTS.— vouchers under section 8(t) of such Act, shall retary shall continue to permit assistance (1) IN GENERAL.—In conducting the study be eligible for, subject to requirements es- and projects under this heading to be treated under this section, the Secretary, with the tablished by the Secretary, including tenant as assistance for special projects that are concurrence of the cochairpersons, shall— consultation procedures, and in lieu of subject to section 305(c) of the Multifamily (A) evaluate the effectiveness of the Sys- issuance or continuation of such vouchers, Housing Property Disposition Reform Act of tem in meeting the original purpose and conversion of assistance available for such 1994, and subject to the regulations issued by goals of the System; vouchers to assistance under section 8(o)(13) the Secretary to implement such section: (B) reevaluate the purpose of, and need for, of such Act, except that, only with respect to Provided further, a metropolitan city and an each incomplete corridor of the System; such conversions, the Secretary may alter or urban county that each receive an allocation (C) determine the estimated cost of com- waive the provisions of subsections under this heading and are located within a pleting each such corridor and the economic 8(o)(13)(B), (C), and (D). geographic area that is covered by a single benefits to the communities served by those continuum of care may jointly request the Mr. COONS submitted an projects, on a State-by-State basis; and SA 907. Secretary to permit the urban county or the (D) establish timelines and delivery sched- amendment intended to be proposed to metropolitan city, as agreed to by such ules for the completion of each incomplete amendment SA 738 proposed by Mr. county and city, to receive and administer corridor determined to be necessary under INOUYE to the bill H.R. 2112, making ap- their combined allocations under a single this paragraph. propriations for Agriculture, Rural De- grant.’’ (2) ALTERNATIVE FEDERAL-AID HIGHWAY velopment, Food and Drug Administra- PROJECTS IN APPALACHIAN REGION.— SA 910. Mr. LAUTENBERG sub- tion, and Related Agencies programs (A) IN GENERAL.—If the Secretary deter- mitted an amendment intended to be mines that an incomplete corridor is unnec- for the fiscal year ending September 30, proposed to amendment SA 738 pro- 2012, and for other purposes; which was essary under paragraph (1)(B), the Secretary, posed by Mr. INOUYE to the bill H.R. with the concurrence of the cochairpersons, ordered to lie on the table; as follows: 2112, making appropriations for Agri- may evaluate other transportation needs On page 313, line 8, strike ‘‘$3,001,027,000’’ culture, Rural Development, Food and within the area to be served by that incom- and insert ‘‘$3,201,027,000’’. Drug Administration, and Related plete corridor to determine whether an alter- On page 313, line 10, strike ‘‘$2,851,027,000’’ native Federal-aid highway project of great- and insert ‘‘$3,051,027,000’’. Agencies programs for the fiscal year ending September 30, 2012, and for er value to that area may be carried out. On page 317, line 19, strike ‘‘$1,000,000,000’’ (B) COSTS AND TIME LIMITATIONS.—If an al- and insert ‘‘$1,300,000,000’’. other purposes; which was ordered to ternative Federal-aid highway project is lie on the table; as follows: identified under subparagraph (A), that SA 908. Mr. JOHNSON of South Da- After section 217 of title II of division B, project may be carried out, subject to the kota submitted an amendment in- insert the following: conditions that— tended to be proposed to amendment SEC. 218. No funds made available under (i) the cost to complete the alternative SA 738 proposed by Mr. INOUYE to the this Act shall be used to allow the knowing project does not exceed the estimated cost of bill H.R. 2112, making appropriations transfer of a firearm to an individual known completing the original incomplete corridor (or appropriately suspected) to be or have under paragraph (1)(B); and for Agriculture, Rural Development, been engaged in conduct constituting, in Food and Drug Administration, and (ii) the timeline and delivery schedule for preparation for, in aid of, or related to ter- completion of the alternative project does Related Agencies programs for the fis- rorism, or providing material support or re- not exceed any timeline or delivery schedule cal year ending September 30, 2012, and sources for terrorism, when the Attorney established for the original incomplete cor- for other purposes; which was ordered General has a reasonable belief that the ap- ridor under paragraph (1)(C). to lie on the table; as follows: plicant for a firearm may use a firearm in connection with terrorism, unless the Attor- On page 300, line 22, after ‘‘appropriated:’’ SA 912. Mr. KYL (for himself, Mr. ney General determines that denial of a fire- insert the following: ‘‘Provided further, That CORNYN, and Mr. MCCAIN) proposed an arm transfer would likely compromise na- a public housing agency that does not re- amendment to the bill H.R. 2112, mak- tional security. ceive from the Secretary of Housing and ing appropriations for Agriculture, Urban Development an allocation sufficient SA 911. Mr. CARDIN submitted an Rural Development, Food and Drug Ad- to cover the full amount of administrative amendment intended to be proposed to ministration, and Related Agencies fees and expenses payable to the public hous- programs for the fiscal year ending ing agency under the administrative fee amendment SA 738 proposed by Mr. INOUYE to the bill H.R. 2112, making ap- September 30, 2012, and for other pur- rates provided under this heading may uti- poses; which was ordered to lie on the lize unobligated balances remaining from propriations for Agriculture, Rural De- housing assistance payment funds allocated velopment, Food and Drug Administra- table; as follows: to the public housing agency during a pre- tion, and Related Agencies programs Beginning on page 89, strike line 6 and all vious year, to the extent necessary to effect for the fiscal year ending September 30, that follows through page 118, line 2, and in- payment to the public housing agency of an 2012, and for other purposes; which was sert the following: amount not exceeding 90 percent of the full ordered to lie on the table; as follows: BUREAU OF THE CENSUS administrative fees and expenses payable to SALARIES AND EXPENSES On page 286, between lines 6 and 7, insert the public housing agency with respect to the following: For expenses necessary for collecting, com- authorized vouchers under lease:’’. piling, analyzing, preparing, and publishing SEC. 1ll. STUDY OF APPALACHIAN DEVELOP- statistics, provided for by law, $226,836,000: SA 909. Mr. REED submitted an MENT HIGHWAY SYSTEM. (a) DEFINITIONS.—In this section: Provided, That from amounts provided here- amendment intended to be proposed to (1) COCHAIRPERSONS.—The term ‘‘cochair- in, funds may be used for promotion, out- amendment SA 738 proposed by Mr. persons’’ means the cochairpersons of the reach, and marketing activities. INOUYE to the bill H.R. 2112, making ap- Appalachian Regional Commission. PERIODIC CENSUSES AND PROGRAMS propriations for Agriculture, Rural De- (2) SECRETARY.—The term ‘‘Secretary’’ (INCLUDING TRANSFER OF FUNDS) velopment, Food and Drug Administra- means the Secretary of Transportation. For necessary expenses to collect and pub- tion, and Related Agencies programs (3) SYSTEM.—The term ‘‘System’’ means lish statistics for periodic censuses and pro- for the fiscal year ending September 30, the Appalachian development highway sys- grams provided for by law, $690,000,000, to re- main available until September 30, 2013: Pro- 2012, and for other purposes; which was tem described in section 14501 of title 40, United States Code. vided, That from amounts provided herein, ordered to lie on the table; as follows: (b) STUDY.—Not later than 1 year after the funds may be used for additional promotion, On page 322, line 2, strike the period and date of enactment of this Act, the Secretary, outreach, and marketing activities: Provided insert the following: ‘‘: Provided further, the with the concurrence of the cochairpersons, further, That within the amounts appro- term ‘local government’ includes an instru- shall— priated, $1,000,000 shall be transferred to the

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Office of the Inspector General for activities ployees under section 8334(a) of title 5, NATIONAL OCEANIC AND ATMOSPHERIC associated with carrying out investigations United States Code, and the normal cost per- ADMINISTRATION and audits related to the Bureau of the Cen- centage (as defined by section 8331(17) of that OPERATIONS, RESEARCH, AND FACILITIES sus. title) as provided by the Office of Personnel (INCLUDING TRANSFER OF FUNDS) NATIONAL TELECOMMUNICATIONS AND Management (OPM) for USPTO’s specific For necessary expenses of activities au- INFORMATION ADMINISTRATION use, of basic pay, of employees subject to subchapter III of chapter 83 of that title; and thorized by law for the National Oceanic and SALARIES AND EXPENSES (2) the present value of the otherwise un- Atmospheric Administration, including For necessary expenses, as provided for by funded accruing costs, as determined by maintenance, operation, and hire of aircraft law, of the National Telecommunications OPM for USPTO’s specific use of post-retire- and vessels; grants, contracts, or other pay- and Information Administration (NTIA), ment life insurance and post-retirement ments to nonprofit organizations for the pur- $45,568,000, to remain available until Sep- health benefits coverage for all USPTO em- poses of conducting activities pursuant to tember 30, 2013: Provided, That, notwith- ployees who are enrolled in Federal Employ- cooperative agreements; and relocation of fa- standing 31 U.S.C. 1535(d), the Secretary of ees Health Benefits (FEHB) and Federal Em- cilities, $3,134,327,000, to remain available Commerce shall charge Federal agencies for ployees Group Life Insurance (FEGLI), shall until September 30, 2013, except for funds costs incurred in spectrum management, be transferred to the Civil Service Retire- provided for cooperative enforcement, which analysis, operations, and related services, ment and Disability Fund, the Employees shall remain available until September 30, and such fees shall be retained and used as Life Insurance Fund, and the Employees 2014: Provided, That fees and donations re- offsetting collections for costs of such spec- Health Benefits Fund, as appropriate, and ceived by the National Ocean Service for the trum services, to remain available until ex- shall be available for the authorized purposes management of national marine sanctuaries pended: Provided further, That the Secretary of those accounts: Provided further, That any may be retained and used for the salaries and of Commerce is authorized to retain and use differences between the present value factors expenses associated with those activities, as offsetting collections all funds trans- published in OPM’s yearly 300 series benefit notwithstanding 31 U.S.C. 3302: Provided fur- ferred, or previously transferred, from other letters and the factors that OPM provides for ther, That in addition, $109,098,000 shall be Government agencies for all costs incurred PTO’s specific use shall be recognized as an derived by transfer from the fund entitled in telecommunications research, engineer- imputed cost on PTO’s financial statements, ‘‘Promote and Develop Fishery Products and ing, and related activities by the Institute where applicable: Provided further, That sec- Research Pertaining to American Fisheries’’: for Telecommunication Sciences of NTIA, in tions 801, 802, and 803 of division B, Public Provided further, That of the $3,250,425,000 furtherance of its assigned functions under Law 108–447 shall remain in effect during fis- provided for in direct obligations under this this paragraph, and such funds received from cal year 2012: Provided further, That the Di- heading $3,134,327,000 is appropriated from other Government agencies shall remain rector may, this year, reduce by regulation the general fund, and $109,098,000 is provided available until expended. fees payable for documents in patent and by transfer and $7,000,000 is derived from re- PUBLIC TELECOMMUNICATIONS FACILITIES, trademark matters, in connection with the coveries of prior year obligations: Provided PLANNING AND CONSTRUCTION filing of documents filed electronically in a further, That payments of funds made avail- able under this heading to the Department of For the administration of prior-year form prescribed by the Director: Provided Commerce Working Capital Fund including grants, recoveries and unobligated balances further, That there shall be a surcharge of 15 Department of Commerce General Counsel of funds previously appropriated are here- percent, as provided for by section 11(i) of legal services shall not exceed $41,105,000: after available for the administration of all the Leahy-Smith America Invents Act: Pro- Provided further, That the total amount open grants until their expiration. vided further, That hereafter the Director shall reduce fees for providing prioritized ex- available for the National Oceanic and At- UNITED STATES PATENT AND TRADEMARK amination of utility and plant patent appli- mospheric Administration corporate services OFFICE cations by 50 percent for small entities that administrative support costs shall not ex- SALARIES AND EXPENSES qualify for reduced fees under 35 U.S.C. ceed $219,291,000: Provided further, That any (INCLUDING TRANSFER OF FUNDS) 41(h)(1), so long as the fees of the prioritized deviation from the amounts designated for specific activities in the explanatory state- For necessary expenses of the United examination program are set to recover the ment accompanying this Act, or any use of States Patent and Trademark Office estimated cost of the program: Provided fur- deobligated balances of funds provided under (USPTO) provided for by law, including de- ther, That the receipts collected as a result this heading in previous years, shall be sub- fense of suits instituted against the Under of these surcharges shall be available within ject to the procedures set forth in section 505 Secretary of Commerce for Intellectual the amounts provided herein to the United of this Act: Provided further, That in allo- Property and Director of the USPTO, States Patent and Trademark Office without cating grants under sections 306 and 306A of $2,706,313,000 to remain available until ex- fiscal year limitation, for all authorized ac- the Coastal Zone Management Act of 1972, as pended: Provided, That the sum herein appro- tivities and operations of the Office: Provided amended, no coastal State shall receive more priated from the general fund shall be re- further, That within the amounts appro- than 5 percent or less than 1 percent of in- duced as offsetting collections assessed and priated, $1,000,000 shall be transferred to the creased funds appropriated over the previous collected pursuant to 15 U.S.C. 1113 and 35 Office of Inspector General for activities as- fiscal year. U.S.C. 41 and 376 are received during fiscal sociated with carrying out investigations In addition, for necessary retired pay ex- year 2012, so as to result in a fiscal year 2012 and audits related to the USPTO. penses under the Retired Serviceman’s Fam- appropriation from the general fund esti- NATIONAL INSTITUTE OF STANDARDS AND ily Protection and Survivor Benefits Plan, mated at $0: Provided further, That during fis- TECHNOLOGY and for payments for the medical care of re- cal year 2012, should the total amount of off- SCIENTIFIC AND TECHNICAL RESEARCH AND tired personnel and their dependents under setting fee collections and the surcharge pro- SERVICES the Dependents Medical Care Act (10 U.S.C. vided herein be less than $2,706,313,000 this 55), such sums as may be necessary. amount shall be reduced accordingly: Pro- For necessary expenses of the National In- vided further, That any amount received in stitute of Standards and Technology, PROCUREMENT, ACQUISITION AND CONSTRUCTION excess of $2,706,313,000 in fiscal year 2012 and $500,000,000, to remain available until ex- For procurement, acquisition and con- deposited in the Patent and Trademark Fee pended, of which not to exceed $9,000,000 may struction of capital assets, including alter- Reserve Fund shall remain available until be transferred to the ‘‘Working Capital ation and modification costs, of the National expended: Provided further, That the Director Fund’’: Provided, That not to exceed $5,000 Oceanic and Atmospheric Administration of the Patent and Trademark Office shall shall be for official reception and representa- (NOAA), $1,833,594,000, to remain available submit a spending plan to the Committees tion expenses. until September 30, 2014, except funds pro- on Appropriations of the House of Represent- INDUSTRIAL TECHNOLOGY SERVICES vided for construction of facilities which atives and the Senate for any amounts made For necessary expenses of the Industrial shall remain available until expended: Pro- available by the preceding proviso and such Technology Services, $120,000,000 to remain vided, That of the $1,841,594,000 provided for spending plan shall be treated as a re- available until expended: Provided, That of in direct obligations under this heading, programming under section 505 of this Act the amounts appropriated herein, $120,000,000 $1,833,594,000 is appropriated from the general and shall not be available for obligation or shall be for the Hollings Manufacturing Ex- fund and $8,000,000 is provided from recov- expenditure except in compliance with the tension Partnership. eries of prior year obligations: Provided fur- procedures set forth in that section: Provided ther, That any deviation from the amounts further, That from amounts provided herein, CONSTRUCTION OF RESEARCH FACILITIES designated for specific activities in the ex- not to exceed $750 shall be made available in For construction of new research facilities, planatory statement accompanying this Act, fiscal year 2012 for official reception and rep- including architectural and engineering de- or any use of deobligated balances of funds resentation expenses: Provided further, That sign, and for renovation and maintenance of provided under this heading in previous in fiscal year 2012 from the amounts made existing facilities, not otherwise provided for years, shall be subject to the procedures set available for ‘‘Salaries and Expenses’’ for the the National Institute of Standards and forth in section 505 of this Act: Provided fur- USPTO, the amounts necessary to pay: (1) Technology, as authorized by 15 U.S.C. 278c– ther, That the Secretary of Commerce shall the difference between the percentage of 278e, $60,000,000, to remain available until ex- include in budget justification materials basic pay contributed by the USPTO and em- pended. that the Secretary submits to Congress in

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00096 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6885 support of the Department of Commerce U.S.C. 1514), to the extent and in the manner tion or fund which initially bears the costs budget (as submitted with the budget of the prescribed by the Act, and, notwithstanding of such services. President under section 1105(a) of title 31, 31 U.S.C. 3324, may be used for advanced pay- SEC. 107. Nothing in this title shall be con- United States Code) an estimate for each ments not otherwise authorized only upon strued to prevent a grant recipient from de- NOAA Procurement, Acquisition or Con- the certification of officials designated by terring child pornography, copyright in- struction project having a total of more than the Secretary of Commerce that such pay- fringement, or any other unlawful activity $5,000,000 and simultaneously the budget jus- ments are in the public interest. over its networks. tification shall include an estimate of the SEC. 102. During the current fiscal year, ap- SEC. 108. The administration of the Na- budgetary requirements for each such propriations made available to the Depart- tional Oceanic and Atmospheric Administra- project for each of the 5 subsequent fiscal ment of Commerce by this Act for salaries tion is authorized to use, with their consent, years. and expenses shall be available for hire of with reimbursement and subject to the lim- passenger motor vehicles as authorized by 31 its of available appropriations, the land, PACIFIC COASTAL SALMON RECOVERY FUND U.S.C. 1343 and 1344; services as authorized services, equipment, personnel, and facilities For necessary expenses associated with the by 5 U.S.C. 3109; and uniforms or allowances of any department, agency or instrumen- restoration of Pacific salmon populations, therefor, as authorized by law (5 U.S.C. 5901– tality of the United States, or of any State, $65,000,000, to remain available until Sep- 5902). local government, Indian tribal government, tember 30, 2013: Provided, That of the funds SEC. 103. Not to exceed 5 percent of any ap- Territory or possession, or of any political provided herein the Secretary of Commerce propriation made available for the current subdivision thereof, or of any foreign govern- may issue grants to the States of Wash- fiscal year for the Department of Commerce ment or international organization for pur- ington, Oregon, Idaho, Nevada, California, in this Act may be transferred between such poses related to carrying out the responsibil- and Alaska, and Federally recognized tribes appropriations, but no such appropriation ities of any statute administered by the Na- of the Columbia River and Pacific Coast (in- shall be increased by more than 10 percent tional Oceanic and Atmospheric Administra- cluding Alaska) for projects necessary for by any such transfers: Provided, That any tion. conservation of salmon and steelhead popu- transfer pursuant to this section shall be SEC. 109. All balances in the Coastal Zone lations, for restoration of populations that treated as a reprogramming of funds under Management Fund, whether unobligated or are listed as threatened or endangered, or section 505 of this Act and shall not be avail- unavailable, are hereby permanently can- identified by a State as at-risk to be so-list- able for obligation or expenditure except in celled, and notwithstanding section 308(b) of ed, for maintaining populations necessary compliance with the procedures set forth in the Coastal Zone Management Act of 1972, as for exercise of tribal treaty fishing rights or that section: Provided further, That the Sec- amended (16 U.S.C. 1456a), any future pay- native subsistence fishing, or for conserva- retary of Commerce shall notify the Com- ments to the Fund made pursuant to sec- tion of Pacific coastal salmon and steelhead mittees on Appropriations at least 15 days in tions 307 (16 U.S.C. 1456) and 308 (16 U.S.C. habitat, based on guidelines to be developed advance of the acquisition or disposal of any 1456a) of the Coastal Zone Management Act by the Secretary of Commerce: Provided fur- capital asset (including land, structures, and of 1972, as amended, shall, in this fiscal year ther, That all funds shall be allocated based equipment) not specifically provided for in and any future fiscal years, be treated in ac- on scientific and other merit principles and this Act or any other law appropriating cordance with the Federal Credit Reform Act shall not be available for marketing activi- funds for the Department of Commerce: Pro- of 1990, as amended. SEC. 110. There is established in the Treas- ties: Provided further, That funds disbursed to vided further, That for the National Oceanic ury a non-interest bearing fund to be known States shall be subject to a matching re- and Atmospheric Administration this sec- as the ‘‘Fisheries Enforcement Asset For- quirement of funds or documented in-kind tion shall provide for transfers among appro- feiture Fund’’, which shall consist of all contributions of at least 33 percent of the priations made only to the National Oceanic sums received as fines, penalties, and forfeit- Federal funds. and Atmospheric Administration and such ures of property for violations of any provi- appropriations may not be transferred and FISHERMEN’S CONTINGENCY FUND sions of 16 U.S.C. chapter 38 or of any other For carrying out the provisions of title IV reprogrammed to other Department of Com- marine resource law enforced by the Sec- of Public Law 95–372, not to exceed $350,000, merce bureaus and appropriation accounts. retary of Commerce, including the Lacey Act SEC. 104. Any costs incurred by a depart- to be derived from receipts collected pursu- Amendments of 1981 (16 U.S.C. 3371 et seq.) ment or agency funded under this title re- ant to that Act, to remain available until ex- and with the exception of collections pursu- sulting from personnel actions taken in re- pended. ant to 16 U.S.C. 1437, which are currently de- sponse to funding reductions included in this posited in the Operations, Research, and Fa- FISHERIES FINANCE PROGRAM ACCOUNT title or from actions taken for the care and cilities account: Provided, That all unobli- Subject to section 502 of the Congressional protection of loan collateral or grant prop- gated balances that have been collected pur- Budget Act of 1974, during fiscal year 2012, erty shall be absorbed within the total budg- suant to 16 U.S.C. 1861 or any other marine obligations of direct loans may not exceed etary resources available to such department $24,000,000 for Individual Fishing Quota loans resource law enforced by the Secretary of or agency: Provided, That the authority to Commerce with the exception of 16 U.S.C. and not to exceed $59,000,000 for traditional transfer funds between appropriations ac- direct loans as authorized by the Merchant 1437 shall be transferred from the Operations, counts as may be necessary to carry out this Research, and Facilities account into the Marine Act of 1936: Provided, That none of section is provided in addition to authorities Fisheries Enforcement Asset Forfeiture the funds made available under this heading included elsewhere in this Act: Provided fur- Fund and shall remain available until ex- may be used for direct loans for any new ther, That use of funds to carry out this sec- pended. fishing vessel that will increase the har- tion shall be treated as a reprogramming of SEC. 111. There is established in the Treas- vesting capacity in any United States fish- funds under section 505 of this Act and shall ury a non-interest bearing fund to be known ery. not be available for obligation or expendi- as the ‘‘Sanctuaries Enforcement Asset For- DEPARTMENTAL MANAGEMENT ture except in compliance with the proce- feiture Fund’’, which shall consist of all SALARIES AND EXPENSES dures set forth in that section. sums received as fines, penalties, and forfeit- SEC. 105. The requirements set forth by sec- For expenses necessary for the depart- ures of property for violations of any provi- tion 112 of division B of Public Law 110–161 mental management of the Department of sions of 16 U.S.C. chapter 38, which are cur- are hereby adopted by reference. Commerce provided for by law, including not rently deposited in the Operations, Research, SEC. 106. Notwithstanding any other law, and Facilities account: Provided, That all un- to exceed $5,000 for official reception and rep- the Secretary may furnish services (includ- resentation, $46,726,000. obligated balances that have been collected ing but not limited to utilities, tele- pursuant to 16 U.S.C. 1437 shall be trans- RENOVATION AND MODERNIZATION communications, and security services) nec- ferred from the Operations, Research, and For expenses necessary, including blast essary to support the operation, mainte- Facilities account into the Sanctuaries En- windows, for the renovation and moderniza- nance, and improvement of space that per- forcement Asset Forfeiture Fund and shall tion of Department of Commerce facilities, sons, firms or organizations are authorized remain available until expended. $5,000,000, to remain available until ex- pursuant to the Public Buildings Cooperative SEC. 112. Notwithstanding any other provi- pended. Use Act of 1976 or other authority to use or sion of law, the National Oceanic and Atmos- OFFICE OF INSPECTOR GENERAL occupy in the Herbert C. Hoover Building, pheric Administration is authorized to re- Washington, DC, or other buildings, the For necessary expenses of the Office of In- ceive and expend funds made available by maintenance, operation, and protection of spector General in carrying out the provi- any Federal agency, State or subdivision which has been delegated to the Secretary sions of the Inspector General Act of 1978 (5 thereof, public or private organization, or in- from the Administrator of General Services dividual to carry out any statute adminis- U.S.C. App.) (as amended), $26,946,000. pursuant to the Federal Property and Ad- tered by the National Oceanic and Atmos- GENERAL PROVISIONS—DEPARTMENT OF ministrative Services Act of 1949, as amend- pheric Administration: Provided, That use of COMMERCE ed, on a reimbursable or non-reimbursable funds to carry out this section shall be treat- SEC. 101. During the current fiscal year, ap- basis. Amounts received as reimbursement ed as a reprogramming of funds under sec- plicable appropriations and funds made for services provided under this section or tion 505 of this Act and shall not be available available to the Department of Commerce by the authority under which the use or occu- for obligation or expenditure except in com- this Act shall be available for the activities pancy of the space is authorized, up to pliance with the procedures set forth in that specified in the Act of October 26, 1949 (15 $200,000, shall be credited to the appropria- section.

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00097 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6886 CONGRESSIONAL RECORD — SENATE October 20, 2011

SEC. 113. (a) The Secretary of State shall General is authorized to transfer funds ap- LEGAL ACTIVITIES ensure participation in the Commission for propriated within General Administration to SALARIES AND EXPENSES, GENERAL LEGAL the Conservation and Management of Highly any office in this account: Provided further, ACTIVITIES That $18,903,000 is for Department Leader- Migratory Fish Stocks in the Western and For expenses necessary for the legal activi- ship; $8,311,000 is for Intergovernmental Re- Central Pacific Ocean (‘‘Commission’’) and ties of the Department of Justice, not other- lations/External Affairs; $12,925,000 is for Ex- its subsidiary bodies by American Samoa, wise provided for, including not to exceed Guam, and the Northern Mariana Islands ecutive Support/Professional Responsibility; and $75,747,000 is for the Justice Management $20,000 for expenses of collecting evidence, to (collectively, the U.S. Participating Terri- be expended under the direction of, and to be tories) to the same extent provided to the Division: Provided further, That any change in amounts specified in the preceding proviso accounted for solely under the certificate of, territories of other nations. the Attorney General; and rent of private or (b) The U.S. Participating Territories are greater than 5 percent shall be submitted for approval to the House and Senate Commit- Government-owned space in the District of each authorized to use, assign, allocate, and Columbia, $846,099,000, of which not to exceed manage catch limits of highly migratory fish tees on Appropriations consistent with the terms of section 505 of this Act: Provided fur- $10,000,000 for litigation support contracts stocks, or fishing effort limits, agreed to by shall remain available until expended: Pro- the Commission for the participating terri- ther, That this transfer authority is in addi- tion to transfers authorized under section 505 vided, That of the total amount appro- tories of the Convention for the Conserva- priated, not to exceed $7,500 shall be avail- tion and Management of Highly Migratory of this Act. NATIONAL DRUG INTELLIGENCE CENTER able to INTERPOL Washington for official Fish Stocks in the Western and Central Pa- reception and representation expenses: Pro- For necessary expenses of the National cific Ocean, through arrangements with U.S. vided further, That notwithstanding section vessels with permits issued under the Drug Intelligence Center, including reim- bursement of Air Force personnel for the Na- 205 of this Act, upon a determination by the Pelagics Fishery Management Plan of the Attorney General that emergent cir- Western Pacific Region. Vessels under such tional Drug Intelligence Center to support the Department of Defense’s counter-drug in- cumstances require additional funding for arrangements are integral to the domestic litigation activities of the Civil Division, the fisheries of the U.S. Participating Terri- telligence responsibilities, $20,000,000: Pro- vided, That the National Drug Intelligence Attorney General may transfer such tories provided that such arrangements shall amounts to ‘‘Salaries and Expenses, General impose no requirements regarding where Center shall maintain the personnel and technical resources to provide timely sup- Legal Activities’’ from available appropria- such vessels must fish or land their catch tions for the current fiscal year for the De- and shall be funded by deposits to the West- port to law enforcement authorities and the intelligence community by conducting docu- partment of Justice, as may be necessary to ern Pacific Sustainable Fisheries Fund in respond to such circumstances: Provided fur- support of fisheries development projects ment and computer exploitation of materials collected in Federal, State, and local law en- ther, That any transfer pursuant to the pre- identified in a Territory’s Marine Conserva- vious proviso shall be treated as a re- tion Plan and adopted pursuant to section forcement activity associated with counter- drug, counterterrorism, and national secu- programming under section 505 of this Act 204 of the Magnuson-Stevens Fishery Con- and shall not be available for obligation or servation and Management Act (16 U.S.C. rity investigations and operations. JUSTICE INFORMATION SHARING TECHNOLOGY expenditure except in compliance with the 1824). The Secretary of Commerce shall at- procedures set forth in that section: Provided For necessary expenses for information tribute catches made by vessels operating further, That of the amount appropriated, sharing technology, including planning, de- under such arrangements to the U.S. Partici- such sums as may be necessary shall be velopment, deployment and departmental di- pating Territories for the purposes of annual available to reimburse the Office of Per- reporting to the Commission. rection, $47,000,000, to remain available until expended. sonnel Management for salaries and expenses (c) The Western Pacific Regional Fisheries associated with the election monitoring pro- Management Council— TACTICAL LAW ENFORCEMENT WIRELESS gram under section 8 of the Voting Rights (1) is authorized to accept and deposit into COMMUNICATIONS Act of 1965 (42 U.S.C. 1973f): Provided further, the Western Pacific Sustainable Fisheries For the costs of developing and imple- That of the amounts provided under this Fund funding for arrangements pursuant to menting a nationwide Integrated Wireless heading for the election monitoring program subsection (b); Network supporting Federal law enforce- $3,390,000, shall remain available until ex- (2) shall use amounts deposited under para- ment communications, and for the costs of pended. graph (1) that are attributable to a par- operations and maintenance of existing Land In addition, for reimbursement of expenses ticular U.S. Participating Territory only for Mobile Radio legacy systems, $87,000,000, to of the Department of Justice associated with implementation of that Territory’s Marine remain available until expended: Provided, processing cases under the National Child- Conservation Plan adopted pursuant to sec- That the Attorney General shall transfer to hood Vaccine Injury Act of 1986, not to ex- tion 204 of the Magnuson-Stevens Fishery this account all funds made available to the ceed $7,833,000, to be appropriated from the Conservation and Management Act (16 U.S.C. Department of Justice for the purchase of Vaccine Injury Compensation Trust Fund. 1824); and portable and mobile radios: Provided further, (3) shall recommend an amendment to the That any transfer made under the preceding SALARIES AND EXPENSES, ANTITRUST DIVISION Pelagics Fishery Management Plan for the proviso shall be subject to section 505 of this For expenses necessary for the enforce- Western Pacific Region, and associated regu- Act. ment of antitrust and kindred laws, lations, to implement this section. ADMINISTRATIVE REVIEW AND APPEALS $159,587,000, to remain available until ex- pended: Provided, That notwithstanding any (d) Subsection (b) shall remain in effect (INCLUDING TRANSFER OF FUNDS) until such time as— other provision of law, fees collected for For expenses necessary for the administra- (1) the Western Pacific Regional Fishery premerger notification filings under the tion of pardon and clemency petitions and Hart-Scott-Rodino Antitrust Improvements Management Council recommends an amend- immigration-related activities, $294,082,000, ment to the Pelagics Fishery Management Act of 1976 (15 U.S.C. 18a), regardless of the of which $4,000,000 shall be derived by trans- year of collection (and estimated to be Plan for the Western Pacific Region, and im- fer from the Executive Office for Immigra- plementing regulations, to the Secretary of $108,000,000 in fiscal year 2012), shall be re- tion Review fees deposited in the ‘‘Immigra- tained and used for necessary expenses in Commerce that authorize use, assignment, tion Examinations Fee’’ account. allocation, and management of catch limits this appropriation, and shall remain avail- DETENTION TRUSTEE of highly migratory fish stocks, or fishing ef- able until expended: Provided further, That fort limits, established by the Commission For necessary expenses of the Federal De- the sum herein appropriated from the gen- and applicable to U.S. Participating Terri- tention Trustee, $1,563,453,000, to remain eral fund shall be reduced as such offsetting tories; available until expended: Provided, That the collections are received during fiscal year (2) the Secretary of Commerce approves Trustee shall be responsible for managing 2012, so as to result in a final fiscal year 2012 the amendment as recommended; and the Justice Prisoner and Alien Transpor- appropriation from the general fund esti- (3) such implementing regulations become tation System: Provided further, That not to mated at $51,587,000. exceed $20,000,000 shall be considered ‘‘funds effective. SALARIES AND EXPENSES, UNITED STATES appropriated for State and local law enforce- This title may be cited as the ‘‘Department ATTORNEYS of Commerce Appropriations Act, 2012’’. ment assistance’’ pursuant to 18 U.S.C. 4013(b). For necessary expenses of the Offices of the TITLE II United States Attorneys, including inter- OFFICE OF INSPECTOR GENERAL DEPARTMENT OF JUSTICE governmental and cooperative agreements, For necessary expenses of the Office of In- $1,891,532,000: Provided, That of the total GENERAL ADMINISTRATION spector General, $84,199,000, including not to amount appropriated, not to exceed $6,000 SALARIES AND EXPENSES exceed $10,000 to meet unforeseen emer- shall be available for official reception and For expenses necessary for the administra- gencies of a confidential character. representation expenses: Provided further, tion of the Department of Justice, UNITED STATES PAROLE COMMISSION That not to exceed $25,000,000 shall remain $115,886,000, of which not to exceed $4,000,000 SALARIES AND EXPENSES available until expended: Provided further, for security and construction of Department For necessary expenses of the United That of the amount provided under this of Justice facilities shall remain available States Parole Commission as authorized, heading, not less than $43,184,000 shall be until expended: Provided, That the Attorney $12,577,000. used for salaries and expenses for assistant

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00098 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6887 U.S. Attorneys to carry out section 704 of the able for necessary expenses for increased him to the bill H.R. 2112, making ap- Adam Walsh Child Protection and Safety Act deputy marshals and staff related to South- propriations for Agriculture, Rural De- of 2006 (Public Law 109–248) concerning the west border enforcement until September 30, velopment, Food and Drug Administra- 2012; of which not to exceed $6,000 shall be prosecution of offenses relating to the sexual tion, and Related Agencies programs exploitation of children. available for official reception and represen- tation expenses; and of which not to exceed for the fiscal year ending September 30, UNITED STATES TRUSTEE SYSTEM FUND $20,000,000 shall remain available until ex- 2012, and for other purposes; which was For necessary expenses of the United pended. ordered to lie on the table; as follows: States Trustee Program, as authorized, CONSTRUCTION $234,115,000, to remain available until ex- On page 388, between lines 14 and 15, insert pended and to be derived from the United For construction in space controlled, occu- the following: SEC. 419. None of the funds appropriated or States Trustee System Fund: Provided, That pied, or utilized by the United States Mar- otherwise made available by this division notwithstanding any other provision of law, shals Service for prisoner holding and re- lated support, $28,500,000, which shall remain may be obligated or expended to grant an ex- deposits to the Fund shall be available in available until expended; of which not less emption under section 47134(b)(2) of title 49, such amounts as may be necessary to pay re- than $9,696,000 shall be available for the costs United States Code, to the obligation of an funds due depositors: Provided further, That, of courthouse security equipment, including airport sponsor that intends to sell or lease notwithstanding any other provision of law, furnishings, relocations, and telephone sys- an airport to a person other than a public en- $234,115,000 of offsetting collections pursuant tems and cabling; of which $15,000,000 shall tity to repay the Federal Government for to 28 U.S.C. 589a(b) shall be retained and used be available for detention upgrades at Fed- grants and property received by the airport. for necessary expenses in this appropriation eral courthouses located in the Southwest and shall remain available until expended: border region; and of which not less than SA 916. Mr. DURBIN submitted an Provided further, That the sum herein appro- $1,500,000 shall be available for the costs of priated from the Fund shall be reduced as amendment intended to be proposed by courthouse security equipment, including him to the bill H.R. 2112, making ap- such offsetting collections are received dur- electronic security devices, telephone sys- ing fiscal year 2012, so as to result in a final tems, and cabling at Federal courthouses lo- propriations for Agriculture, Rural De- fiscal year 2012 appropriation from the Fund cated in the Southwest border region. velopment, Food and Drug Administra- estimated at $0. tion, and Related Agencies programs SALARIES AND EXPENSES, FOREIGN CLAIMS SA 913. Mr. CASEY (for himself, Mr. for the fiscal year ending September 30, SETTLEMENT COMMISSION BLUMENTHAL, and Ms. KLOBUCHAR) sub- 2012, and for other purposes; which was For expenses necessary to carry out the ac- mitted an amendment intended to be ordered to lie on the table; as follows: tivities of the Foreign Claims Settlement proposed to amendment SA 738 pro- On page 286, between lines 6 and 7, insert Commission, including services as author- posed by Mr. INOUYE to the bill H.R. the following: ized by section 3109 of title 5, United States 2112, making appropriations for Agri- SEC. 1ll. PROTECTING TAXPAYERS IN TRANS- Code, $2,071,000. culture, Rural Development, Food and PORTATION ASSET TRANSFERS. FEES AND EXPENSES OF WITNESSES Drug Administration, and Related (a) LIMITATION ON USE OF FUNDS.—None of For fees and expenses of witnesses, for ex- Agencies programs for the fiscal year the funds made available to the Department penses of contracts for the procurement and ending September 30, 2012, and for of Transportation by this Act shall be used supervision of expert witnesses, for private other purposes; which was ordered to to promote, finalize, or approve a concession counsel expenses, including advances, and for lie on the table; as follows: agreement or sale of any public transpor- tation asset unless the State or local govern- expenses of foreign counsel, $270,000,000, to At the appropriate place in title VII of di- ment entering into the concession agreement remain available until expended: Provided, vision A, insert the following: or sale pays to the Secretary an amount de- That not to exceed $10,000,000 may be made SEC. ll. An additional $10,000,000 shall be available for construction of buildings for appropriated for the Office of the Commis- termined by the Secretary in accordance protected witness safesites: Provided further, sioner of the Food and Drug Administration with subsection (b). That not to exceed $3,000,000 may be made to enable such Office to remedy the current (b) DETERMINATION OF REPAYMENT available for the purchase and maintenance drug shortage crisis and to prevent future AMOUNT.—The Secretary shall determine the of armored and other vehicles for witness se- shortages, including through the creation of amount required to be paid for purposes of curity caravans: Provided further, That not to information systems for tracking drug short- subsection (a) by taking into account, at a exceed $11,000,000 may be made available for ages and actions taken by the Food and Drug minimum— the purchase, installation, maintenance, and Administration to address such shortages, (1) the total amount of Federal funds that upgrade of secure telecommunications equip- enhanced communication with manufactur- have been expended to construct, maintain, ment and a secure automated information ers to establish continuity of operation or upgrade the public transportation asset; network to store and retrieve the identities plans, development of evidenced-based cri- (2) the amount of Federal funding received and locations of protected witnesses. teria for identifying medically necessary by a State or local government based on in- clusion of the public transportation asset in SALARIES AND EXPENSES, COMMUNITY drugs that may be vulnerable to a shortage, calculations using Federal funding formulas RELATIONS SERVICE and enhanced communication with heath care providers about current shortages and or for Federal block grants; For necessary expenses of the Community their estimated duration. (3) the reasonable depreciation of the pub- Relations Service, $11,227,000: Provided, That lic transportation asset, including the notwithstanding section 205 of this Act, upon SA 914. Mr. BROWN of Ohio sub- amount of Federal funds described in para- a determination by the Attorney General mitted an amendment intended to be graph (1) that may be offset by that depre- that emergent circumstances require addi- ciation; and tional funding for conflict resolution and vi- proposed by him to the bill H.R. 2112, making appropriations for Agriculture, (4) the loss of Federal tax revenue from olence prevention activities of the Commu- bonds relating to, and the tax consequences nity Relations Service, the Attorney General Rural Development, Food and Drug Ad- of depreciation of, the public transportation may transfer such amounts to the Commu- ministration, and Related Agencies asset. nity Relations Service, from available appro- programs for the fiscal year ending (c) DEFINITIONS.—In this section: priations for the current fiscal year for the September 30, 2012, and for other pur- (1) CONCESSION AGREEMENT.— Department of Justice, as may be necessary poses; which was ordered to lie on the (A) IN GENERAL.—The term ‘‘concession to respond to such circumstances: Provided table; as follows: agreement’’ means an agreement entered further, That any transfer pursuant to the On page 209, between lines 2 and 3, insert into by a private individual or entity and a preceding proviso shall be treated as a re- the following: State or local government with jurisdiction programming under section 505 of this Act SEC. 542. Not later than 180 days after the over a public transportation asset to convey and shall not be available for obligation or date of the enactment of this Act, the Sec- to the private individual or entity the right expenditure except in compliance with the retary of Commerce shall submit to Congress to manage, operate, and maintain the public procedures set forth in that section. a report on the extent to which negotiations transportation asset for a specific period of ASSETS FORFEITURE FUND through the United States–China Joint Com- time in exchange for the authorization to For expenses authorized by 28 U.S.C. mission on Commerce and Trade have, since impose and collect a toll or other user fee 524(c)(1)(B), (F), and (G), $20,990,000, to be de- the establishment of the Commission, re- from a person for each use of the public rived from the Department of Justice Assets sulted in specific achievements with respect transportation asset during that period. Forfeiture Fund. to increasing the access of United States ex- (B) EXCLUSION.—The term ‘‘concession porters to the market of the People’s Repub- agreement’’ does not include an agreement UNITED STATES MARSHALS SERVICE lic of China and creating jobs in the United entered into by a State or local government SALARIES AND EXPENSES States. and a private individual or entity for the For necessary expenses of the United construction of any new public transpor- States Marshals Service, $1,121,041,000; of SA 915. Mr. DURBIN submitted an tation asset. which not to exceed $20,000,000 shall be avail- amendment intended to be proposed by (2) PUBLIC TRANSPORTATION ASSET.—

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00099 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6888 CONGRESSIONAL RECORD — SENATE October 20, 2011 (A) IN GENERAL.—The term ‘‘public trans- (b) PAYMENTS TO TREASURY.—Any dividend mittee on Banking, Housing, and portation asset’’ means a transportation fa- or interest payment made by the Federal Na- Urban Affairs, be authorized to meet cility of any kind that was or is constructed, tional Mortgage Association or the Federal during the session of the Senate on Oc- maintained, or upgraded before, on, or after Home Loan Mortgage Corporation to the De- tober 20, 2011, at 10 a.m., to conduct a the date of enactment of this Act using Fed- partment of the Treasury pursuant to any eral funds— applicable contract, agreement, or provision hearing entitled ‘‘Housing Finance Re- (i)(I) the fair market value of which is of law shall not be included in the calcula- form: Continuation of the 30-Year more than $500,000,000, as determined by the tion of the aggregate amount of a commit- Fixed-Rate Mortgage.’’ Secretary; and ment under subsection (a). COMMITTEE ON ENERGY AND NATURAL (II) that has received any Federal funding, (c) ENFORCEMENT.—The Director of the RESOURCES as of the date on which the determination is Federal Housing Finance Agency shall take Ms. MIKULSKI. Mr. President, I ask made; such actions as the Administrator deter- unanimous consent that the Com- mines are necessary to prevent the Federal (ii) the fair market value of which is less mittee on Energy and Natural Re- than or equal to $500,000,000, as determined National Mortgage Association and the Fed- by the Secretary; and eral Home Loan Mortgage Corporation from sources be authorized to meet during (I) that has received $25,000,000 or more in requesting or receiving any funds that ex- the session of the Senate on October 20, Federal funding, as of the date on which the ceed the limit provided in subsection (a). 2011, at 2:30 p.m., in room 366 of the determination is made; or (d) DEFINITIONS.—For purposes of this sec- Dirksen Senate Office Building. (iii) in which a significant national pubic tion, the terms ‘‘deficiency amount’’ and The PRESIDING OFFICER. Without interest (such as interstate commerce, ‘‘surplus amount’’ have the meanings pro- objection, it is so ordered. homeland security, public health, or the en- vided such terms in the applicable Senior Preferred Stock Purchase Agreement de- COMMITTEE ON FOREIGN RELATIONS vironment) is at stake, as determined by the scribed in subsection (a), as amended Ms. MIKULSKI. Mr. President, I ask Secretary. through December 24, 2009. unanimous consent that the Com- (B) INCLUSIONS.—The term ‘‘public trans- portation asset’’ includes a transportation mittee on Foreign Relations be author- SA 918. Mr. INOUYE proposed an ized to meet during the session of the facility described in subparagraph (A) that amendment to the bill H.R. 2112, mak- is— Senate on October 20, 2011, at 10 a.m., (i) a Federal-aid highway (as defined in ing appropriations for Agriculture, to hold a hearing entitled, ‘‘U.S. Mili- section 101 of title 23, United States Code); Rural Development, Food and Drug Ad- tary Deployment to Central Africa.’’ (ii) a highway or mass transit project con- ministration, and Related Agencies The PRESIDING OFFICER. Without structed using amounts made available from programs for the fiscal year ending objection, it is so ordered. the Highway Account or Mass Transit Ac- September 30, 2012, and for other pur- COMMITTEE ON HEALTH, EDUCATION, LABOR, count, respectively, of the Highway Trust poses; as follows: AND PENSIONS Fund; Beginning on page 197, strike line 9 and all (iii) an air navigation facility (as defined Ms. MIKULSKI. Mr. President, I ask that follows through page 209, line 2, and in- unanimous consent that the Com- in section 40102(a) of title 49, United States sert the following: Code); or SEC. 541. The amount appropriated or oth- mittee on Health, Education, Labor, (iv) a train station or multimodal station erwise made available by title IV under the and Pensions be authorized to meet that receives a Federal grant, including any heading ‘‘COMMISSION ON WARTIME RELOCA- during the session of the Senate on Oc- grant authorized under the Passenger Rail TION AND INTERNMENT OF LATIN AMERICANS tober 20, 2011, at 8 a.m. in room 216 of Investment and Improvement Act of 2008 OF JAPANESE DESCENT’’ is hereby reduced by the Hart Senate Office Building. (Public Law 110–432; 122 Stat. 4907) or an $1,700,000. The PRESIDING OFFICER. Without amendment made by that Act. f objection, it is so ordered. (3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Transportation. NOTICE OF HEARING COMMITTEE ON INDIAN AFFAIRS Ms. MIKULSKI. Mr. President, I ask COMMITTEE ON ENERGY AND NATURAL Mr. VITTER submitted an unanimous consent that the Com- SA 917. RESOURCES amendment intended to be proposed to Mr. BINGAMAN. Mr. President, I mittee on Indian Affairs be authorized amendment SA 857 proposed by Mr. would like to announce for the infor- to meet during the session of the Sen- MENENDEZ (for himself, Mr. ISAKSON, mation of the Senate and the public ate on October 20, 2011, at 2:15 p.m. in and Mrs. FEINSTEIN) to the amendment that a field hearing has been scheduled room 628 of the Dirksen Senate Office SA 738 proposed by Mr. Inouye to the before the Subcommittee on National Building. The PRESIDING OFFICER. Without bill H.R. 2112, making appropriations Parks. The hearing will be held on Sat- objection, it is so ordered. for Agriculture, Rural Development, urday, November 5, 2011, at 11:00 a.m., Food and Drug Administration, and at the CCC Recreation Hall, Mile Post COMMITTEE ON THE JUDICIARY Related Agencies programs for the fis- 19, Mesa Verde National Park, CO. Ms. MIKULSKI. Mr. President, I ask cal year ending September 30, 2012, and The purpose of the hearing is to ex- unanimous consent that the Com- for other purposes; as follows: amine issues affecting management of mittee on the Judiciary be authorized On page 5, strike line 14 and insert the fol- archaeological, cultural, and historic to meet during the session of the Sen- lowing: resources at Mesa Verde National Park ate, on October 20, 2011, at 10 a.m., in 2011’’ and inserting ‘‘December 31, 2013’’. and other units of the National Park SD–226 of the Dirksen Senate Office ll SEC. . REESTABLISHMENT OF MAXIMUM AG- System. Building, to conduct an executive busi- GREGATE AMOUNT PERMITTED TO ness meeting. BE PROVIDED BY THE TAXPAYERS Because of the limited time available TO FANNIE MAE AND FREDDIE MAC. for the hearing, witnesses may testify The PRESIDING OFFICER. Without (a) MAXIMUM AGGREGATE AMOUNT OF COM- by invitation only. However, those objection, it is so ordered. MITMENT.—No funds may be provided by the wishing to submit written testimony AD HOC SUBCOMMITTEE ON DISASTER RECOVERY Department of the Treasury or any other for the hearing record should send it to AND INTERGOVERNMENTAL AFFAIRS agency or entity of the Federal Government the Committee on Energy and Natural Ms. MIKULSKI. Mr. President, I ask to the Federal National Mortgage Associa- unanimous consent that the Ad Hoc tion or the Federal Home Loan Mortgage Resources, United States Senate, 304 Dirksen Senate Office Building, Wash- Subcommittee on Disaster Recovery Corporation, as part of the Amended and Re- and Intergovernmental Affairs of the stated Senior Preferred Stock Purchase ington, DC 20510–6150, or by email to Agreement, dated September 26, 2008, amend- [email protected]. Committee on Homeland Security and ed May 6, 2009, and further amended Decem- For further information, please con- Governmental Affairs be authorized to ber 24, 2009 (as such agreement may be fur- tact David Brooks (202) 224–9863 or Jake meet during the session of the Senate, ther amended), between the Department of McCook (202) 224–9313. on October 20, 2011, at 10:30 a.m., in the Treasury and the Federal National Mort- order to conduct a hearing entitled, f gage Association or the Federal Home Loan ‘‘Accountability at FEMA: Is Quality Mortgage Corporation, as applicable, under AUTHORITY FOR COMMITTEES TO Job #1?’’ any other agreement between the Federal MEET The PRESIDING OFFICER. Without National Mortgage Association or the Fed- eral Home Loan Mortgage Corporation and COMMITTEE ON BANKING, HOUSING, AND URBAN objection, it is so ordered. the Department of the Treasury, or other- AFFAIRS SELECT COMMITTEE ON INTELLIGENCE wise, that exceed a maximum aggregate Ms. MIKULSKI. Mr. President, I ask Ms. MIKULSKI. Mr. President, I ask amount of $200,000,000,000. unanimous consent that the Com- unanimous consent that the Select

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00100 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6889 Committee on Intelligence be author- Resolved, That the Senate— tween an individual and the Social Se- ized to meet during the session of the (1) recognizes the religious and historical curity Administration over the termi- Senate, on October 20, 2011, at 2:30 p.m. significance of the festival of Diwali; and nation of the individual’s benefits. (2) in observance of Diwali, the festival of The PRESIDING OFFICER. Without That individual had requested that objection, it is so ordered. lights, expresses its deepest respect for In- dian Americans and South Asian Americans, Senator CORNYN and Senator SUBCOMMITTEE ON SECURITY AND as well as fellow countrymen and diaspora HUTCHISON assist him with his attempt INTERNATIONAL TRADE AND FINANCE throughout the world on this significant oc- to reverse the termination of his bene- Ms. MIKULSKI. Mr. President, I ask casion. fits by the Social Security Administra- unanimous consent that the Com- f tion, and those Senators’ offices had mittee on Banking, Housing, and RESOLUTIONS SUBMITTED TODAY provided standard constituent service Urban Affairs, Subcommittee on Secu- rity and International Trade and Fi- Mr. REID. Madam President, I ask seeking an explanation regarding the nance be authorized to meet during the unanimous consent that the Senate matter from the agency for this indi- session of the Senate, on October 20, proceed to the immediate consider- vidual. Neither Senator, however, has 2011, at 2 p.m., in order to conduct a ation, en bloc, of the following resolu- personal knowledge of the facts sup- hearing entitled, ‘‘The G20 and Global tions which were submitted today: S. porting the Social Security Adminis- Economic and Financial Risks.’’ Res. 304, S. Res. 305, S. Res. 306, and S. tration’s termination of plaintiff’s ben- The PRESIDING OFFICER. Without Res. 307. efits, nor were they involved in any objection, it is so ordered. The PRESIDING OFFICER. Without way in that termination. f objection, it is so ordered. This resolution would authorize the Mr. REID. Madam President, I ask RECOGNIZING THE FESTIVAL OF unanimous consent that the resolu- Senate Legal Counsel to represent Sen- DIWALI tions be agreed to, the preambles be ator CORNYN and Senator HUTCHISON, Mr. REID. Madam President, I ask agreed to, the motions to reconsider be as well as any staff from either of their unanimous consent that the Judiciary laid upon the table, en bloc, with no in- offices who may be subpoenaed in this Committee be discharged from further tervening action or debate, and that lawsuit, in order to quash the sub- consideration of S. Res. 291, and the any related statements be printed in poena. Senate proceed to its consideration. the RECORD, as if read. S. RES. 305 The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. (To authorize legal representation in Edward The clerk will report. The resolutions (S. Res. 304, S. Res. Paul Celestine, Jr. v. Social Security Adminis- tration) The bill clerk read as follows: 305, S. Res. 306, and S. Res. 307) were A resolution (S. Res. 291) recognizing the agreed to. Whereas, in the case of Edward Paul religious and historical significance of the The preambles were agreed to. Celestine, Jr. v. Social Security Administration, festival of Diwali. The resolutions, with their pre- No. 4:11–CV–3376, pending in the United There being no objection, the Senate ambles, read as follows: States District Court for the Southern Dis- proceeded to consider the resolution. S. RES. 304 trict of Texas, the plaintiff has sent sub- Mr. REID. Madam President, I ask poenas for testimony and documents to Sen- (Supporting ‘‘Lights On Afterschool,’’ a na- unanimous consent that the resolution tional celebration of afterschool programs) ator John Cornyn and Senator Kay Bailey be agreed to, the preamble be agreed Hutchison; and, Whereas high-quality afterschool programs to, the motion to reconsider be laid provide safe, challenging, engaging, and fun Whereas, pursuant to sections 703(a) and upon the table, with no intervening ac- learning experiences that help children and 704(a)(2) of the Ethics in Government Act of tion or debate, and any related state- youth develop social, emotional, physical, 1978, 2 U.S.C. § §288b(a) and 288c(a)(2), the ments be printed in the RECORD. cultural, and academic skills; Senate may direct its counsel to represent The PRESIDING OFFICER. Without Whereas high-quality afterschool programs Members, officers, and employees of the Sen- objection, it is so ordered. support working families by ensuring that ate with respect to any subpoena, order, or The resolution (S. Res. 291) was the children in those families are safe and request for testimony or documents relating agreed to. productive after the regular school day ends; to their official responsibilities: Now, there- The preamble was agreed to. Whereas high-quality afterschool programs fore, be it The resolution, with its preamble, build stronger communities by involving stu- Resolved That the Senate Legal Counsel is reads as follows: dents, parents, business leaders, and adult authorized to represent Senator John volunteers in the lives of children in the S. RES. 291 Cornyn and Senator Kay Bailey Hutchison in United States, thereby promoting positive this matter as well as any employee in Sen- Whereas Diwali, a festival of great signifi- relationships among children, youth, fami- cance to Indian Americans and South Asian ator Cornyn’s or Senator Hutchison’s offices lies, and adults; who may be subpoenaed in this case. Americans, is celebrated annually by Hindus, Whereas high-quality afterschool programs Sikhs, and Jains throughout India, the engage families, schools, and diverse commu- S. RES. 306 United States, and the world; nity partners in advancing the well-being of (Supporting the goals and ideals of National Whereas Diwali is a festival of lights, dur- children in the United States; Cybersecurity Awareness Month and rais- ing which celebrants light small oil lamps, Whereas ‘‘Lights On Afterschool’’, a na- ing awareness and enhancing the state of place the lamps around the home, and pray tional celebration of afterschool programs cybersecurity in the United States) for health, knowledge, peace, wealth, and held on October 20, 2011, highlights the crit- prosperity in the new year; ical importance of high-quality afterschool Whereas the use of the Internet in the Whereas the lights symbolize the light of programs in the lives of children, their fami- United States to communicate, conduct busi- knowledge within the individual that over- lies, and their communities; ness, and generate commerce that benefits whelms the darkness of ignorance, empow- Whereas more than 28,000,000 children in the overall United States economy is ubiq- ering each celebrant to do good deeds and the United States have parents who work uitous; show compassion to others; outside the home and approximately Whereas the United States technological Whereas Diwali falls on the last day of the 15,100,000 children in the United States have know-how, innovation, and entrepreneurship last month in the lunar calendar and is cele- no place to go after school; and are all digitally connected; brated as a day of thanksgiving for the Whereas many afterschool programs across Whereas as the pace of innovation has ac- homecoming of the Lord Rama and worship the United States are struggling to keep celerated, so too have methods to attack the of Lord Ganesha, the remover of obstacles their doors open and their lights on: Now, United States economic prosperity and secu- and bestower of blessings, at the beginning therefore, be it rity, spawning new, high-tech challenges, of the new year for many Hindus; Resolved, That the Senate supports the from identity theft to corporate hacking to Whereas for Sikhs, Diwali is celebrated as goals and ideals of ‘‘Lights On Afterschool’’, cyberbullying; Bandhi Chhor Diwas (The Celebration of a national celebration of afterschool pro- Whereas many people use the Internet in Freedom), in honor of the release from pris- grams. the United States to communicate with fam- on of the sixth guru, Guru Hargobind; and Mr. REID. Mr. President, S. Res. 305 ily and friends, manage finances and pay Whereas for Jains, Diwali marks the anni- bills, access educational opportunities, shop versary of the attainment of moksha, or lib- concerns representation by the Senate at home, participate in online entertainment eration, by Mahavira, the last of the Legal Counsel of Senator CORNYN and and games, and stay informed of news and Tirthankaras (the great teachers of Jain Senator HUTCHISON, who have been sub- current events; dharma), at the end of his life in 527 B.C.: poenaed to provide testimony and Whereas small businesses in the United Now, therefore, be it produce documents in a lawsuit be- States, which employ a significant portion of

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00101 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6890 CONGRESSIONAL RECORD — SENATE October 20, 2011 the private workforce, increasingly rely on Whereas according to U.S. Cyber Chal- Whereas, as NASA enters a new era in the Internet to manage their businesses, ex- lenge, the initiative is working to identify space exploration, the Stennis Space Center pand their customer reach, and enhance the ‘‘10,000 of America’s best and brightest to fill will continue to play a vital role in the management of their supply chain; the ranks of cybersecurity professionals United States space program and commer- Whereas many schools in the United States where their skills can be of the greatest cial space efforts; have Internet access to enhance the edu- value to the nation’’; Whereas the Stennis Space Center has cation of children by providing access to edu- Whereas the Cyber Innovation Center has grown into a unique Federal city that in- cational online content and encouraging established cyber camps and other edu- cludes more than 30 Federal, State, aca- self-initiative to discover research resources; cational programs to bolster knowledge of demic, and private organizations, and nu- Whereas cybersecurity is a critical part of science, technology, math, and engineering merous technology-based companies; the United States national and economic se- to build a sustainable knowledge-based Whereas the companies and agencies at the curity; workforce capable of addressing cyber Stennis Space Center share the cost of oper- Whereas the United States critical infra- threats and the future needs of government, ating and maintaining the facility, making structure and economy rely on the secure industry, and academia; and the accomplishment of missions by each en- and reliable operation of information net- Whereas the National Cyber Security Alli- tity more cost-effective; works to support the United States military, ance, the Multi-State Information Sharing & Whereas the Stennis Space Center is home civilian government, energy, telecommuni- Analysis Center, the Department of Home- to— cations, financial services, transportation, land Security, and other organizations work- (1) the United States Naval Meteorology health care, and emergency response sys- ing to improve cybersecurity in the United and Oceanography Command, which includes tems; States have designated October 2011 as the the largest concentration of oceanographers Whereas Internet users and information in- eighth annual National Cybersecurity in the world; frastructure owners and operators face an in- Awareness Month, which serves to educate (2) the most powerful supercomputer of the creasing threat of cybercrime and fraud the people of the United States about the im- United States Navy; and through viruses, worms, Trojans, and mali- portance of cybersecurity: Now, therefore, be (3) the National Center for Critical Infor- cious programs, such as spyware, adware, it mation Processing and Storage, which is fa- hacking tools, and password stealers, that Resolved, That the Senate— cilitating the data center consolidation ef- are frequent and fast in propagation, are (1) supports the goals and ideals of Na- forts by the Department of Homeland Secu- costly to repair, and may disable entire sys- tional Cybersecurity Awareness Month; rity; tems; (2) continues to work with Federal agen- Whereas the Stennis Space Center played a Whereas the intellectual property, includ- cies, businesses, educational institutions, critical role during the Deepwater Horizon ing proprietary information, copyrights, pat- oil spill by providing unique resources and ents, trademarks, and related information, and other organizations to enhance the state of cybersecurity in the United States; expertise on the Gulf of Mexico ecosystem to of businesses, academic institutions, govern- predict the spread and impact of the spill; ment, and individuals are vital to the eco- (3) commends the work of National Initia- tive for Cybersecurity Education and all the Whereas the Stennis Space Center is an nomic security of the United States; economic engine for Mississippi and Lou- Whereas millions of records containing Federal agencies, nonprofits, educational in- stitutions, businesses, and other organiza- isiana, generating— personally identifiable information have (1) approximately 5,400 jobs; been lost, stolen, or breached, threatening tions that support this effort; (4) recognizes ‘‘STOP. THINK. CONNECT.’’ (2) a direct global economic impact of the security and financial well-being of the $875,000,000; and people of the United States; as the national cybersecurity awareness campaign to educate the people of the United (3) a direct economic impact of $616,000,000 Whereas consumers face significant finan- within a 50-mile radius; and cial and personal privacy losses due to per- States and help all people of the United Whereas the Stennis Space Center is com- sonally identifiable information being more States stay safer and more secure online; mitted to continuing in the role of inspiring exposed to theft and fraud than ever before; and the next generation of United States sci- Whereas national organizations, policy- (5) congratulates the National Cyber Secu- entists, engineers, and professionals: Now, makers, governmental agencies, private-sec- rity Alliance, the Multi-State Information therefore, be it tor companies, nonprofit institutions, Sharing & Analysis Center, the Department Resolved, That the Senate— schools, academic organizations, consumers, of Homeland Security, and other organiza- (1) congratulates the National Aeronautics and the media recognize the need to increase tions working to improve cybersecurity in and Space Administration on reaching the awareness of cybersecurity and the need for the United States on the eighth anniversary historic milestone of the 50th anniversary of enhanced cybersecurity in the United States; of National Cyber Security Awareness Month the John C. Stennis Space Center; and Whereas coordination between the numer- during October 2011. (2) honors the men and women who worked ous Federal agencies involved in cybersecu- S. RES. 307 rity efforts is essential to securing the cyber tirelessly to design, build, and test the rock- infrastructure of the United States; (Honoring the men and women of the John C. et engines used in the Apollo and Space Whereas in February 2003 the White House Stennis Space Center on reaching the his- Shuttle programs in order to promote issued National Strategy to Secure Cyber- toric milestone of 50 years of rocket engine science, engineering, innovation, and explo- space, which recommends a comprehensive testing) ration to the benefit of the United States national awareness program to empower all Whereas, 50 years ago this month, on Octo- and all humankind. people in the United States, including busi- ber 25, 1961, the National Aeronautics and Mr. REID. Madam President, I sug- nesses, the general workforce, and the gen- Space Administration (referred to in this gest the absence of a quorum. eral population, to secure their own portions preamble as ‘‘NASA’’) publicly announced The PRESIDING OFFICER. The of cyberspace; plans to establish a testing facility in Han- clerk will call the roll. Whereas in May 2009 the White House cock County, Mississippi, for the purpose of The bill clerk proceeded to call the issued Cyberspace Policy Review, which rec- flight-certifying all first and second stages ommends that the Federal Government ini- of the Saturn V rocket for the Apollo lunar roll. tiate a national public awareness and edu- landing program that would take humans to Mr. REID. Madam President, I ask cation campaign to promote cybersecurity; the Moon; unanimous consent that the order for Whereas ‘‘STOP. THINK. CONNECT.’’ is Whereas the testing facility was renamed the quorum call be rescinded. the national cybersecurity awareness cam- the John C. Stennis Space Center (referred The PRESIDING OFFICER. Without paign founded and led by the National Cyber to in this preamble as the ‘‘Stennis Space objection, it is so ordered. Security Alliance, the Anti-Phishing Work- Center’’) in 1988 in honor of United States ing Group as a public-private partnership Senator John C. Stennis of Mississippi; f with the Department of Homeland Security, Whereas the Stennis Space Center con- UNANIMOUS CONSENT AGREE- and a coalition of private companies, non- ducted 45 engine tests for the Apollo pro- MENT—NOMINATION OF STE- profits, and governmental organizations to gram; PHEN A. HIGGINSON help all digital people of the United States Whereas the Stennis Space Center is now stay safer and more secure online; home to the largest rocket engine test com- Mr. REID. Mr. President, I ask unan- Whereas the National Initiative for Cyber- plex in the United States and serves as the imous consent that on Monday, Octo- security Education, led by the National In- premier rocket-propulsion testing facility in ber 31, 2011, at 4:30 p.m., the Senate stitute of Standards and Technology, is the the United States, providing propulsion test proceed to executive session to con- coordinating body for the Federal Govern- services for NASA, the Department of De- sider Calendar No. 249; that there be 1 ment to establish a sustainable, operational, fense, and commercial providers; hour of debate equally divided in the and continually improving cybersecurity Whereas NASA has celebrated the end of a education program to enhance the United successful Space Shuttle program, having usual form; that upon the use or yield- States cybersecurity and support the devel- conducted more than 2,000 total space shut- ing back of time, the Senate proceed to opment of a professional cybersecurity work- tle main engine tests and certified 54 flight vote without intervening action or de- force and cyber-capable people; engines at the Stennis Space Center; bate on Calendar No. 249; the motion to

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00102 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — SENATE S6891 reconsider be considered made and laid Islam A. Siddiqui, of Virginia, to be Chief This young man came to me working upon the table with no intervening ac- Agricultural Negotiator, Office of the United for a major law firm—the largest law tion or debate; that any related state- States Trade Representative, with the rank firm in Nevada. I got a call from my of Ambassador. ments be printed in the RECORD; and son, who said: This person I work with that President Obama be immediately DEPARTMENT OF COMMERCE wants to come to work in Washington, notified of the Senate’s action. Paul Piquado, of the District of Columbia, so he came and worked in Washington. The PRESIDING OFFICER. Without to be an Assistant Secretary of Commerce. He has been an invaluable employee of objection, it is so ordered. UNITED STATES ADVISORY COMMISSION ON mine and the State of Nevada and the PUBLIC DIPLOMACY Mr. REID. Madam President, I sug- Senate. He is a person the entire Sen- gest the absence of a quorum. Anne Terman Wedner, of Illinois, to be a Member of the United States Advisory Com- ate looks to for advice and counseling The PRESIDING OFFICER. The on banking, housing issues, and other clerk will call the roll. mission on Public Diplomacy for a term ex- piring July 1, 2013. matters. The bill clerk proceeded to call the He has been a wonderful employee. I roll. OVERSEAS PRIVATE INVESTMENT CORPORATION Katherine M. Gehl, of Wisconsin, to be a really hate to lose him, but his talent Mr. REID. Madam President, I ask is one people recognize, both Demo- unanimous consent that the order for Member of the Board of Directors of the Overseas Private Investment Corporation for crats and Republicans, and I am very the quorum call be rescinded. a term expiring December 17, 2013. proud of him. Even though I will miss The PRESIDING OFFICER. Without Terry Lewis, of Michigan, to be a Member him, I know he will be very good as objection, it is so ordered. of the Board of Directors of the Overseas Pri- Commissioner of the Commodity Fu- f vate Investment Corporation for a a term ex- tures Trading Commission—one of the piring December 17, 2011. EXECUTIVE SESSION Terry Lewis, of Michigan, to be a Member most important commissions in the en- of the Board of Directors of the Overseas Pri- tire world. So I wish him the very best. vate Investment Corporation for a term ex- f EXECUTIVE CALENDAR piring December 17, 2014. Mr. REID. Madam President, I ask UNITED NATIONS LEGISLATIVE SESSION unanimous consent that the Senate Russ Carnahan, of Missouri, to be a Rep- The PRESIDING OFFICER. The Sen- proceed to executive session to con- resentative of the United States of America ate resumes legislative session. sider the following nominations: Cal- to the Sixty-sixth Session of the General As- f endar Nos. 129, 130, 248, 289, 341, 342, 367, sembly of the United Nations. Ann Marie Buerkle, of New York, to be a ORDERS FOR FRIDAY, OCTOBER 21, 417, 418, 419, 423, 424, 425, 426, 427, 428, Representative of the United States of Amer- 442, 443, 444, and all nominations at the ica to the Sixty-sixth Session of the General 2011, THROUGH MONDAY, OCTO- Secretary’s desk in the Foreign Serv- Assembly of the United Nations. BER 31, 2011 ice, and NOAA; that the nominations DEPARTMENT OF JUSTICE Mr. REID. I ask unanimous consent be confirmed en bloc; the motions to Steven R. Frank, of Pennsylvania, to be that when the Senate completes its reconsider be considered made and laid United States Marshal for the Western Dis- business today, it adjourn until 3:45 upon the table, with no intervening ac- trict of Pennsylvania for the term of four p.m. on Monday, October 24, 2011, for a tion or debate; that no further motions years. pro forma session only, with no busi- Martin J. Pane, of Pennsylvania, to be be in order to any of the nominations; ness conducted; and that following the that any related statements be printed United States Marshal for the Middle Dis- trict of Pennsylvania for the term of four pro forma session, the Senate adjourn in the RECORD; that President Obama years. until 11 a.m., on Thursday, October 27, be immediately notified of the Senate’s David Blake Webb, of Pennsylvania, to be 2011, for a pro forma session only, with action and the Senate then resume leg- United States Marshal for the Eastern Dis- no business conducted; and that fol- islative session. trict of Pennsylvania for the term of four lowing the pro forma session, the Sen- The PRESIDING OFFICER. Without years. ate adjourn until 3 p.m. on Monday, objection, it is so ordered. NOMINATIONS PLACED ON THE SECRETARY’S October 31, 2011; that following the The nominations considered and con- DESK prayer and pledge, the Journal be ap- firmed en bloc are as follows: FOREIGN SERVICE proved to date, the morning hour be OVERSEAS PRIVATE INVESTMENT CORPORATION PN922 FOREIGN SERVICE nominations (2) deemed expired, and the time for the James A. Torrey, of Connecticut, to be a beginning Nicholas E. Gutierrez, and ending two leaders be reserved for their use John L. Shaw, which nominations were re- Member of the Board of Directors of the later in the day; that following any Overseas Private Investment Corporation for ceived by the Senate and appeared in the a term expiring December 17, 2013. Congressional Record of September 8, 2011. leader remarks, the Senate be in morn- Matthew Maxwell Taylor Kennedy, of Cali- PN923 FOREIGN SERVICE nominations ing business until 4:30 p.m., with Sen- fornia, to be a Member of the Board of Direc- (102) beginning Erik M. Anderson, and ending ators permitted to speak up to 10 min- tors of the Overseas Private Investment Cor- Larry G. Padget, Jr., which nominations utes each; and that, at 4:30 p.m., the poration for a term expiring December 17, were received by the Senate and appeared in Senate proceed to executive session, 2012. the Congressional Record of September 8, under the previous order. 2011. Roberto R. Herencia, of Illinois, to be a The PRESIDING OFFICER. Without Member of the Board of Directors of the PN970 FOREIGN SERVICE nominations (6) Overseas Private Investment Corporation for beginning Robert Donovan, Jr., and ending objection, it is so ordered. a term expiring December 17, 2012. Brenda Vanhorn, which nominations were re- f COMMODITY FUTURES TRADING COMMISSION ceived by the Senate and appeared in the Congressional Record of September 15, 2011. PROGRAM Mark P. Wetjen, of Nevada, to be a Com- missioner of the Commodity Futures Trad- NATIONAL OCEANIC AND ATMOSPHERIC Mr. REID. The next rollcall vote will ing Commission for a term expiring June 19, ADMINISTRATION be at 5:30 p.m., on Monday, October 31, 2016. PN744 NATIONAL OCEANIC AND ATMOS- 2011, on the nomination of Stephen SECURITIES AND EXCHANGE COMMISSION PHERIC ADMINISTRATION nominations Higginson to be U.S. District Judge for (28) beginning Richard R. Wingrove, and end- Luis A. Aguilar, of Georgia, to be a Mem- the Fifth Circuit. ing Linh K. Nguyen, which nominations were ber of the Securities and Exchange Commis- received by the Senate and appeared in the sion for a term expiring June 5, 2015. f Daniel M. Gallagher, Jr., of Maryland, to Congressional Record of June 30, 2011. Mr. REID. Madam President, we ADJOURNMENT UNTIL MONDAY, be a Member of the Securities and Exchange OCTOBER 24, 2011, at 3:45 P.M. Commission for a term expiring June 5, 2016. rushed through these as if they didn’t DEPARTMENT OF THE TREASURY mean anything, but for each one of Mr. REID. If there is no further busi- Janice Eberly, of Illinois, to be an Assist- these people, it means a new life for ness to come before the Senate, I ask ant Secretary of the Treasury. them. These are very accomplished that it adjourn under the previous EXECUTIVE OFFICE OF THE PRESIDENT people, and I am only going to talk order. Michael W. Punke, of Montana, to be a about one tonight—Mark P. Wetjen to There being no objection, the Senate, Deputy United States Trade Representative, be Commissioner of the Commodity at 2:26 a.m., adjourned until Monday, with the Rank of Ambassador. Futures Trading Commission. October 24, 2011, at 3:45 p.m.

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00103 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6892 CONGRESSIONAL RECORD — SENATE October 20, 2011 NOMINATIONS EXECUTIVE OFFICE OF THE PRESIDENT OVERSEAS PRIVATE INVESTMENT CORPORATION Executive nominations received by HEATHER A. HIGGINBOTTOM, OF THE DISTRICT OF CO- KATHERINE M. GEHL, OF WISCONSIN, TO BE A MEMBER LUMBIA, TO BE DEPUTY DIRECTOR OF THE OFFICE OF OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRI- the Senate: MANAGEMENT AND BUDGET. VATE INVESTMENT CORPORATION FOR A TERM EXPIR- NATIONAL SCIENCE FOUNDATION ING DECEMBER 17, 2013. OVERSEAS PRIVATE INVESTMENT CORPORATION TERRY LEWIS, OF MICHIGAN, TO BE A MEMBER OF THE BONNIE L. BASSLER, OF NEW JERSEY, TO BE A MEMBER BOARD OF DIRECTORS OF THE OVERSEAS PRIVATE IN- JAMES A. TORREY, OF CONNECTICUT, TO BE A MEMBER OF THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE VESTMENT CORPORATION FOR A TERM EXPIRING DE- OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRI- FOUNDATION FOR A TERM EXPIRING MAY 10, 2016, VICE CEMBER 17, 2011. VATE INVESTMENT CORPORATION FOR A TERM EXPIR- STEVEN C. BEERING, TERM EXPIRED. TERRY LEWIS, OF MICHIGAN, TO BE A MEMBER OF THE ING DECEMBER 17, 2013. BOARD OF DIRECTORS OF THE OVERSEAS PRIVATE IN- DEPARTMENT OF DEFENSE MATTHEW MAXWELL TAYLOR KENNEDY, OF CALI- VESTMENT CORPORATION FOR A TERM EXPIRING DE- FORNIA, TO BE A MEMBER OF THE BOARD OF DIRECTORS CEMBER 17, 2014. MARK WILLIAM LIPPERT, OF OHIO, TO BE AN ASSIST- OF THE OVERSEAS PRIVATE INVESTMENT CORPORATION ANT SECRETARY OF DEFENSE, VICE WALLACE C. FOR A TERM EXPIRING DECEMBER 17, 2012. UNITED NATIONS GREGSON, RESIGNED. ROBERTO R. HERENCIA, OF ILLINOIS, TO BE A MEMBER NATIONAL BOARD FOR EDUCATION SCIENCES OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRI- RUSS CARNAHAN, OF MISSOURI, TO BE A REPRESENTA- VATE INVESTMENT CORPORATION FOR A TERM EXPIR- TIVE OF THE UNITED STATES OF AMERICA TO THE HIROKAZU YOSHIKAWA, OF MASSACHUSETTS, TO BE A ING DECEMBER 17, 2012. SIXTY—SIXTH SESSION OF THE GENERAL ASSEMBLY OF MEMBER OF THE BOARD OF DIRECTORS OF THE NA- THE UNITED NATIONS. TIONAL BOARD FOR EDUCATION SCIENCES FOR A TERM COMMODITY FUTURES TRADING COMMISSION ANN MARIE BUERKLE, OF NEW YORK, TO BE A REP- EXPIRING NOVEMBER 28, 2015, VICE SALLY EPSTEIN RESENTATIVE OF THE UNITED STATES OF AMERICA TO MARK P. WETJEN, OF NEVADA, TO BE A COMMISSIONER SHAYWITZ, TERM EXPIRING. THE SIXTY—SIXTH SESSION OF THE GENERAL ASSEM- OF THE COMMODITY FUTURES TRADING COMMISSION DAVID JAMES CHARD, OF TEXAS, TO BE A MEMBER OF BLY OF THE UNITED NATIONS. THE BOARD OF DIRECTORS OF THE NATIONAL BOARD FOR A TERM EXPIRING JUNE 19, 2016. FOR EDUCATION SCIENCES FOR A TERM EXPIRING NO- DEPARTMENT OF JUSTICE SECURITIES AND EXCHANGE COMMISSION VEMBER 28, 2015, VICE JONATHAN BARON, TERM EXPIR- STEVEN R. FRANK, OF PENNSYLVANIA, TO BE UNITED ING. LUIS A. AGUILAR, OF GEORGIA, TO BE A MEMBER OF STATES MARSHAL FOR THE WESTERN DISTRICT OF LARRY V. HEDGES, OF ILLINOIS, TO BE A MEMBER OF THE SECURITIES AND EXCHANGE COMMISSION FOR A PENNSYLVANIA FOR THE TERM OF FOUR YEARS. THE BOARD OF DIRECTORS OF THE NATIONAL BOARD TERM EXPIRING JUNE 5, 2015. MARTIN J. PANE, OF PENNSYLVANIA, TO BE UNITED FOR EDUCATION SCIENCES FOR A TERM EXPIRING NO- DANIEL M. GALLAGHER, JR., OF MARYLAND, TO BE A STATES MARSHAL FOR THE MIDDLE DISTRICT OF PENN- VEMBER 28, 2015, VICE FRANK PHILIP HANDY, TERM EX- MEMBER OF THE SECURITIES AND EXCHANGE COMMIS- SYLVANIA FOR THE TERM OF FOUR YEARS. PIRING. SION FOR A TERM EXPIRING JUNE 5, 2016. DAVID BLAKE WEBB, OF PENNSYLVANIA, TO BE DEPARTMENT OF HOUSING AND URBAN DEPARTMENT OF THE TREASURY UNITED STATES MARSHAL FOR THE EASTERN DISTRICT DEVELOPMENT OF PENNSYLVANIA FOR THE TERM OF FOUR YEARS. JANICE EBERLY, OF ILLINOIS, TO BE AN ASSISTANT CAROL J. GALANTE, OF VIRGINIA, TO BE AN ASSISTANT SECRETARY OF THE TREASURY. NATIONAL OCEANIC AND ATMOSPHERIC SECRETARY OF HOUSING AND URBAN DEVELOPMENT, ADMINISTRATION VICE DAVID H. STEVENS, RESIGNED. DEPARTMENT OF COMMERCE FEDERAL DEPOSIT INSURANCE CORPORATION NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- JOHN EDGAR BRYSON, OF CALIFORNIA, TO BE SEC- TION NOMINATIONS BEGINNING WITH RICHARD R. RETARY OF COMMERCE. THOMAS HOENIG, OF MISSOURI, TO BE VICE CHAIR- WINGROVE AND ENDING WITH LINH K. NGUYEN, WHICH PERSON OF THE BOARD OF DIRECTORS OF THE FEDERAL EXECUTIVE OFFICE OF THE PRESIDENT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- DEPOSIT INSURANCE CORPORATION, VICE MARTIN J. PEARED IN THE CONGRESSIONAL RECORD ON JUNE 30, GRUENBERG. MICHAEL W. PUNKE, OF MONTANA, TO BE A DEPUTY 2011. THOMAS HOENIG, OF MISSOURI, TO BE A MEMBER OF UNITED STATES TRADE REPRESENTATIVE, WITH THE THE BOARD OF DIRECTORS OF THE FEDERAL DEPOSIT RANK OF AMBASSADOR. FOREIGN SERVICE INSURANCE CORPORATION FOR A TERM EXPIRING DE- ISLAM A. SIDDIQUI, OF VIRGINIA, TO BE CHIEF AGRI- FOREIGN SERVICE NOMINATIONS BEGINNING WITH CEMBER 12, 2015, VICE THOMAS J. CURRY, TERM EXPIRED. CULTURAL NEGOTIATOR, OFFICE OF THE UNITED NICHOLAS E. GUTIERREZ AND ENDING WITH JOHN L. STATES TRADE REPRESENTATIVE, WITH THE RANK OF NATIONAL CREDIT UNION ADMINISTRATION SHAW, WHICH NOMINATIONS WERE RECEIVED BY THE AMBASSADOR. SENATE AND APPEARED IN THE CONGRESSIONAL CARLA M. LEON-DECKER, OF VIRGINIA, TO BE A MEM- DEPARTMENT OF COMMERCE RECORD ON SEPTEMBER 8, 2011. BER OF THE NATIONAL CREDIT UNION ADMINISTRATION FOREIGN SERVICE NOMINATIONS BEGINNING WITH BOARD FOR A TERM EXPIRING AUGUST 2, 2017, VICE GIGI PAUL PIQUADO, OF THE DISTRICT OF COLUMBIA, TO BE ERIK M. ANDERSON AND ENDING WITH LARRY G. HYLAND, TERM EXPIRED. AN ASSISTANT SECRETARY OF COMMERCE. PADGET, JR., WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL f UNITED STATES ADVISORY COMMISSION ON RECORD ON SEPTEMBER 8, 2011. PUBLIC DIPLOMACY FOREIGN SERVICE NOMINATIONS BEGINNING WITH CONFIRMATIONS ROBERT DONOVAN, JR. AND ENDING WITH BRENDA ANNE TERMAN WEDNER, OF ILLINOIS, TO BE A MEM- VANHORN, WHICH NOMINATIONS WERE RECEIVED BY Executive nominations confirmed by BER OF THE UNITED STATES ADVISORY COMMISSION ON THE SENATE AND APPEARED IN THE CONGRESSIONAL the Senate October 20, 2011: PUBLIC DIPLOMACY FOR A TERM EXPIRING JULY 1, 2013. RECORD ON SEPTEMBER 15, 2011.

VerDate Mar 15 2010 00:22 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00104 Fmt 0637 Sfmt 9801 E:\RECORD11\RECFILES\S20OC1.REC S20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE Thursday, October 20, 2011 Daily Digest Senate 291, recognizing the religious and historical signifi- Chamber Action cance of the festival of Diwali, and the resolution Routine Proceedings, pages S6789–S6892 was then agreed to. Page S6889 Measures Introduced: Twenty-one bills and seven Lights on Afterschool: Senate agreed to S. Res. resolutions were introduced, as follows: S. 304, supporting ‘‘Lights on Afterschool’’, a national 1741–1761, and S. Res. 301–307. Pages S6871–72 celebration of afterschool programs. Page S6889 Measures Reported: Authorize Legal Representation: Senate agreed to Special Report entitled ‘‘Further Revised Alloca- S. Res. 305, to authorize legal representation in Ed- tion to Subcommittees of Budget Totals for Fiscal ward Paul Celestine, Jr. v. Social Security Administra- Year 2012’’. (S. Rept. No. 112–89) tion. Page S6889 Report to accompany S. 473, to extend the chem- ical facility security program of the Department of National Cybersecurity Awareness Month: Sen- Homeland Security. (S. Rept. No. 112–90) ate agreed to S. Res. 306, supporting the goals and Page S6871 ideals of National Cybersecurity Awareness Month Measures Passed: and raising awareness and enhancing the state of cy- bersecurity in the United States. Pages S6889–90 Officer John Maguire Post Office: Senate passed S. 1412, to designate the facility of the United John C. Stennis Space Center 50 Years of Rocket States Postal Service located at 462 Washington Engine Testing: Senate agreed to S. Res. 307, hon- Street, Woburn, Massachusetts, as the ‘‘Officer John oring the men and women of the John C. Stennis Maguire Post Office’’. Page S6812 Space Center on reaching the historic milestone of John Pangelinan Gerber Post Office Building: 50 years of rocket engine testing. Page S6890 Senate passed H.R. 1843, to designate the facility of Measures Considered: the United States Postal Service located at 489 Army Agriculture, Rural Development, Food and Drive in Barrigada, Guam, as the ‘‘John Pangelinan Drug Administration, and Related Agencies Ap- Gerber Post Office Building’’. Page S6812 propriations Act—Agreement: Senate continued First Lieutenant Oliver Goodall Post Office consideration of H.R. 2112, making appropriations Building: Senate passed H.R. 1975, to designate the for Agriculture, Rural Development, Food and Drug facility of the United States Postal Service located at Administration, and Related Agencies programs for 281 East Colorado Boulevard in Pasadena, California, the fiscal year ending September 30, 2012, taking as the ‘‘First Lieutenant Oliver Goodall Post Office action on the following amendments proposed there- Building’’. Page S6812 to: Pages S6791–S6800, S6801–19, S6829–40, S6841–53 Matthew A. Pucino Post Office: Senate passed Adopted: H.R. 2062, to designate the facility of the United Brown (OH)/Sanders Modified Amendment No. States Postal Service located at 45 Meetinghouse 874 (to Amendment No. 738), to increase amounts Lane in Sagamore Beach, Massachusetts, as the ‘‘Mat- made available to carry out section 561 of the Hous- thew A. Pucino Post Office’’. Page S6812 ing and Community Development Act of 1987, and Cecil L. Heftel Post Office Building: Senate to provide an offset. (A unanimous-consent agree- passed H.R. 2149, to designate the facility of the ment was reached providing that the order of United States Postal Service located at 4354 Pahoa Wednesday, September 21, 2011, the amendment Avenue in Honolulu, Hawaii, as the ‘‘Cecil L. Heftel requiring 60 affirmative votes, be vitiated.) Post Office Building’’. Page S6812 Page S6807 Festival of Diwali: Committee on the Judiciary Moran Amendment No. 815 (to Amendment No. was discharged from further consideration of S. Res. 738), to improve the bill. Pages S6791, S6807 D1123

VerDate Mar 15 2010 00:19 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D20OC1.REC D20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D1124 CONGRESSIONAL RECORD — DAILY DIGEST October 20, 2011 Landrieu Modified Amendment No. 781 (to Durbin (for Portman) Amendment No. 859 (to Amendment No. 738), to prohibit the approval of Amendment No. 738), to strike a section relating to certain farmer program loans. Pages S6791, S6841 the approval of projects that include beam rail ele- Kohl Amendment No. 755 (to Amendment No. ments and terminal sections. Pages S6817–18, S6849 738), to require a report on plans to implement re- Durbin (for McCain) Amendment No. 892 (to ductions to certain salaries and expenses accounts. Amendment No. 738), to provide additional flexi- Pages S6791, S6841 bility for the closing or relocation of Rural Develop- By 60 yeas to 38 nays, 1 responding present (Vote ment offices. Page S6849 No. 180), Menendez Amendment No. 857 (to Durbin (for Cantwell) Modified Amendment No. Amendment No. 738), to extend loan limits for pro- 893 (to Amendment No. 738), to direct the Na- grams of the government-sponsored enterprises, the tional Aquatic Animal Health Task Force to assess Federal Housing Administration, and the Veterans the risk Infectious Salmon Anemia poses to wild Pa- Affairs Administration. (A unanimous-consent agree- cific salmon and the coastal economies which rely on ment was reached providing that the amendment, them. Pages S6849, S6849–50 having achieved 60 affirmatives votes, be agreed to.) Durbin (for Cochran) Modified Amendment No. Pages S6791, S6842–43 805 (to Amendment No. 738), to set aside certain By 58 yeas to 41 nays (Vote No. 181), Gillibrand funding for the construction, acquisition, or im- Amendment No. 869 (to Amendment No. 738), to provement of fossil-fueled electric generating plants increase funding for the emergency conservation pro- that utilize carbon sequestration systems. Page S6849 gram and the emergency watershed protection pro- Durbin (for Burr/Coburn) Amendment No. 890 gram. Pages S6792, S6843 (to Amendment No. 738), to improve the trans- Lautenberg Amendment No. 836 (to Amendment parency and accountability of the FDA in order to No. 738), to provide adequate funding for Economic Development Administration disaster relief grants encourage regulatory certainty and innovation on be- pursuant to the agreement on disaster relief funding half of America’s patients. Page S6849 included in the Budget Control Act of 2011. Durbin (for Inouye) Amendment No. 918 (to Pages S6792, S6843–44 Amendment No. 738), to strike provisions related to Bingaman Modified Amendment No. 771 (to the Commission on Wartime Relocation and Intern- Amendment No. 738), to provide an additional ment of Latin Americans of Japanese Descent. $4,476,000, with an offset, for the Office of the Page S6849 United States Trade Representative to investigate Durbin (for Kyl) Modified Amendment No. 912 trade violations committed by other countries and to (to Amendment No. 738), to increase funding for enforce the trade laws of the United States and inter- the Southwest border enforcement. Page S6849 national trade agreements, which will fund the Of- Reid (for Rubio) Amendment No. 898 (to fice at the level requested in the President’s budget Amendment No. 738), to require an evaluation of and in H.R. 2596, as reported by the Committee on the Gulf Coast Claims Facility. Page S6850 Appropriations of the House of Representatives. Reid (for Thune) Amendment No. 809 (to Pages S6791, S6837, S6844 Amendment No. 738), to authorize States to be re- By 84 yeas to 15 nays (Vote No. 183), Coburn imbursed for expenditures made in reliance of a Amendment No. 791 (to Amendment No. 738), to grant erroneously awarded pursuant to sections prohibit the use of funds to provide direct payments 4101(c)(4) and 4126 of Public Law 109–59. to persons or legal entities with an average adjusted Page S6850 gross income in excess of $1,000,000. Reid (for Hutchison) Amendment No. 806 (to Pages S6791, S6845 Amendment No. 738), to amend the requirements By 73 yeas to 26 nays (Vote No. 185), Coburn for the designation of Moving-To-Work agencies. Amendment No. 796 (to Amendment No. 738), to Page S6850 end lending schemes that force taxpayers to repay Rejected: the loans of delinquent developers and bailout failed By 45 yeas to 55 nays (Vote No. 172), Vitter or poorly planned local projects. (A unanimous-con- Modified Amendment No. 769 (to Amendment No. sent agreement was reached providing that the 738), to prohibit the Food and Drug Administration amendment, having achieved 60 affirmatives votes, from preventing an individual not in the business of be agreed to.) Pages S6809, S6846 importing a prescription drug from importing an Reid (for Inouye) Amendment No. 738, in the na- FDA-approved prescription drug from Canada. (Pur- ture of a substitute. (By unanimous consent, the suant to the order of Wednesday, October 19, 2011, amendment will be considered as original text for the amendment having failed to achieve 60 affirma- the purpose of further amendment.) tive votes, was not agreed to.) Pages S6791, S6794–95, Pages S6791, S6847 S6797–98, S6801–02

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Pages S6791, S6796–97, S6798–S6800, S6802 Amendment No. 738), to strike a section providing By 55 yeas to 44 nays (Vote No. 174), Merkley for certain exemptions from environmental require- Modified Amendment No. 879 (to Amendment No. ments for the reconstruction of highway facilities 738), to prohibit amounts appropriated under this damaged by natural disasters or emergencies. Act to carry out parts A and B of subtitle V of title Pages S6791, S6798 49, United States Code, from being expended unless Pending: all the steel, iron, and manufactured products used Crapo Amendment No. 814 (to Amendment No. in the project are produced in the United States. 738), to provide for the orderly implementation of (Pursuant to the order of Wednesday, October 19, the provisions of title VII of the Dodd-Frank Wall 2011, the amendment having failed to achieve 60 af- Street Reform and Consumer Protection Act. firmative votes, was not agreed to.) Page S6791 Pages S6791, S6803–07 By 46 yeas to 54 nays (Vote No. 175), Blunt (for Lee Motion to recommit the bill to the Com- Grassley) Amendment No. 860 (to Amendment No. mittee on Appropriations with instructions to report 738), to ensure accountability in Federal grant pro- the same back to the Senate with reductions in grams administered by the Department of Justice. spending in each division required to bring the over- (Pursuant to the order of Wednesday, October 19, all spending for the division to fiscal year 2011 lev- 2011, the amendment having failed to achieve 60 af- els which shall not exceed $130,559,669,000 for di- firmative votes, was not agreed to.) vision A (Ag), $58,786,478,000 for division B (CJS), Pages S6791, S6802–03, S6807–08 and $55,368,096,000 for division C (THUD). By 41 yeas to 57 nays, 1 responding present (Vote Page S6791 No. 179), Vitter Amendment No. 917 (to Amend- Blunt (for DeMint) Amendment No. 763 (to ment No. 857), to reestablish the maximum aggre- Amendment No. 738), to prohibit the use of funds gate amount permitted to be provided by the tax- to implement regulations regarding the removal of payers to Fannie Mae and Freddie Mac. (A unani- essential-use designation for epinephrine used in oral mous-consent agreement was reached providing that pressurized metered-dose inhalers. Page S6791 the amendment, having failed to achieve 60 affirma- Blunt (for DeMint) Amendment No. 764 (to tive votes, the amendment was not agreed to.) Amendment No. 738), to eliminate a certain in- Pages S6841–42 crease in funding. Page S6792 By 41 yeas to 58 nays (Vote No. 182), Sessions Coburn Amendment No. 794 (to Amendment Amendment No. 810 (to Amendment No. 783), to No. 738), to provide taxpayers with an annual report prohibit the use of funds to allow categorical eligi- disclosing the cost of, performance by, and areas for bility for the supplemental nutrition assistance pro- improvements for Government programs. gram. (A unanimous-consent agreement was reached Pages S6808–09 providing that the amendment, having failed to Coburn Amendment No. 795 (to Amendment achieve 60 affirmative votes, the amendment was not No. 738), to collect more than $500,000,000 from agreed to.) Pages S6791, S6844–45 developers for failed, botched, and abandoned By 59 yeas to 40 nays (Vote No. 184), Coburn Modified Amendment No. 792 (to Amendment No. projects. Page S6809 738), to end payments to landlords who are endan- Coburn Amendment No. 797 (to Amendment gering the lives of children and needy families. (A No. 738), to delay or cancel new construction, pur- unanimous-consent agreement was reached providing chasing, leasing, and renovation of Federal buildings that the amendment, having failed to achieve 60 af- and office space. Page S6809 firmative votes, the amendment was not agreed to.) Coburn Amendment No. 799 (to Amendment Pages S6791, S6845–46 No. 738), to prohibit the use of funds to carry out By 47 yeas to 52 nays (Vote No. 186), Ayotte the Rural Energy for America Program. Page S6809 Amendment No. 753 (to Amendment No. 738), to Coburn Amendment No. 800 (to Amendment prohibit the use of funds for the prosecution of No. 738), to reduce funding for the Rural Develop- enemy combatants in Article III courts of the United ment Agency. Page S6809 States. (A unanimous-consent agreement was reached

VerDate Mar 15 2010 00:19 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D20OC1.REC D20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D1126 CONGRESSIONAL RECORD — DAILY DIGEST October 20, 2011 Coburn Amendment No. 801 (to Amendment By 50 yeas to 50 nays (Vote No. 177), three-fifths No. 738), to eliminate funding for the Small Com- of those Senators duly chosen and sworn, not having munity Air Service Development Program. voted in the affirmative, Senate rejected the motion Page S6809 to close further debate on the motion to proceed to Coburn Amendment No. 833 (to Amendment consideration of the bill. Page S6840 No. 738), to end the outdated direct payment pro- Withholding Tax Relief Act—Cloture: Senate gram and to begin restoring the farm safety net as continued consideration of the motion to proceed to a true risk management tool. Page S6809 consideration of S. 1726, to repeal the imposition of During consideration of this measure today, Senate withholding on certain payments made to vendors also took the following action: By 82 yeas to 16 nays (Vote No. 187), three-fifths by government entities. Pages S6840–41 of those Senators duly chosen and sworn, having During consideration of this measure today, Senate voted in the affirmative, Senate agreed to the motion also took the following action: to close further debate on the Reid (for Inouye) By 57 yeas to 43 nays (Vote No. 178), three-fifths Amendment No. 738 (listed above). Page S6847 of those Senators duly chosen and sworn, not having A unanimous-consent agreement was reached pro- voted in the affirmative, Senate rejected the motion viding that when Senate resumes consideration of the to close further debate on the motion to proceed to bill on Tuesday, November 1, 2011, Senate proceed consideration of the bill. Page S6841 to a series of votes on or in relation to the remaining Pro Forma Sessions—Agreement: A unanimous amendments: Coburn Amendment No. 800; Paul consent agreement was reached providing that the Amendment No. 821; DeMint Amendment No. Senate adjourn until 3:45 p.m. on Monday, October 763; Crapo Amendment No. 814; and Lee Motion 24, 2011 for a pro forma session only with no busi- to recommit; that there no amendments or points of ness conducted and that following the pro forma ses- order in order against any of the amendments prior sion, the Senate adjourn until 11:00 a.m. on Thurs- to the votes other than budget points of order; that day, October 27, 2011 for a pro forma session only there be two minutes equally divided in the usual with no business conducted and that following the form prior to each vote; that the Paul and Crapo pro forma session, the Senate adjourn until 3:00 amendments be subject to a 60 affirmative vote p.m. on Monday, October 31, 2011. Page S6891 threshold; upon disposition of these amendments, the remaining pending Coburn amendments be Higginson Nomination—Agreement: A unani- withdrawn with the exception of amendment No. mous-consent-time agreement was reached providing 801; that no other motions or amendments be in that at 4:30 p.m., on Monday, October 31, 2011, order to the bill; that the Majority Leader then be Senate begin consideration of the nomination of Ste- recognized to raise points of order against any pend- phen A. Higginson, of Louisiana, to be United States ing non-germane amendments; provided further, that Circuit Judge for the Fifth Circuit; that there be one upon disposition of any pending germane amend- hour for debate equally divided in the usual form; ments, the bill, as amended, be read a third time, that upon the use or yielding back of time, Senate and Senate vote on passage of the bill, with no inter- vote without intervening action or debate on con- vening action or debate; that when the Senate re- firmation of the nomination. Pages S6890–91 ceives a message from the House with respect to Nominations Confirmed: Senate confirmed the fol- H.R. 2112, the Senate insist on its amendment, re- lowing nominations: quest, or agree to, a conference with the House on By 64 yeas to 36 nays (Vote No. EX. 171), the disagreeing votes of the two Houses; and the Heather A. Higginbottom, of the District of Colum- Chair be authorized to appoint the following con- bia, to be Deputy Director of the Office of Manage- ferees: Senators Kohl, Harkin, Feinstein, Johnson ment and Budget. Pages S6800–01, S6892 (SD), Nelson (NE), Pryor, Brown (OH), Inouye, By 74 yeas to 26 nays (Vote No. EX. 176), John Murray, Mikulski, Blunt, Cochran, McConnell, Col- Edgar Bryson, of California, to be Secretary of Com- lins, Moran, Hoeven, Hutchison, and Shelby. merce. Pages S6819–28, S6892 Page S6838 James A. Torrey, of Connecticut, to be a Member Teachers and First Responders Back to Work of the Board of Directors of the Overseas Private In- Act—Cloture: Senate continued consideration of the vestment Corporation for a term expiring December motion to proceed to consideration of S. 1723, to 17, 2013. provide for teacher and first responder stabilization. Terry Lewis, of Michigan, to be a Member of the Page S6840 Board of Directors of the Overseas Private Invest- During consideration of this measure today, Senate ment Corporation for a term expiring December 17, also took the following action: 2011.

VerDate Mar 15 2010 00:19 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D20OC1.REC D20OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 20, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D1127 Terry Lewis, of Michigan, to be a Member of the Routine lists in the Foreign Service, National Board of Directors of the Overseas Private Invest- Oceanic and Atmospheric Administration. ment Corporation for a term expiring December 17, Pages S6891, S6892 2014. Nominations Received: Senate received the fol- Michael W. Punke, of Montana, to be a Deputy lowing nominations: United States Trade Representative, with the Rank Bonnie L. Bassler, of New Jersey, to be a Member of Ambassador. of the National Science Board, National Science Islam A. Siddiqui, of Virginia, to be Chief Agri- Foundation for a term expiring May 10, 2016. cultural Negotiator, Office of the United States Mark William Lippert, of Ohio, to be an Assist- Trade Representative, with the rank of Ambassador. ant Secretary of Defense. Katherine M. Gehl, of Wisconsin, to be a Member Hirokazu Yoshikawa, of Massachusetts, to be a of the Board of Directors of the Overseas Private In- Member of the Board of Directors of the National vestment Corporation for a term expiring December Board for Education Sciences for a term expiring 17, 2013. November 28, 2015. Roberto R. Herencia, of Illinois, to be a Member David James Chard, of Texas, to be a Member of of the Board of Directors of the Overseas Private In- the Board of Directors of the National Board for vestment Corporation for a term expiring December Education Sciences for a term expiring November 17, 2012. 28, 2015. Matthew Maxwell Taylor Kennedy, of California, Larry V. Hedges, of Illinois, to be a Member of to be a Member of the Board of Directors of the the Board of Directors of the National Board for Overseas Private Investment Corporation for a term Education Sciences for a term expiring November expiring December 17, 2012. 28, 2015. Anne Terman Wedner, of Illinois, to be a Mem- Carol J. Galante, of Virginia, to be an Assistant ber of the United States Advisory Commission on Secretary of Housing and Urban Development. Public Diplomacy for a term expiring July 1, 2013. Thomas Hoenig, of Missouri, to be Vice Chair- Paul Piquado, of the District of Columbia, to be person of the Board of Directors of the Federal De- an Assistant Secretary of Commerce. posit Insurance Corporation. Janice Eberly, of Illinois, to be an Assistant Sec- Thomas Hoenig, of Missouri, to be a Member of retary of the Treasury. the Board of Directors of the Federal Deposit Insur- Mark P. Wetjen, of Nevada, to be a Commis- ance Corporation for a term expiring December 12, sioner of the Commodity Futures Trading Commis- 2015. sion for a term expiring June 19, 2016. Carla M. Leon-Decker, of Virginia, to be a Mem- Luis A. Aguilar, of Georgia, to be a Member of ber of the National Credit Union Administration the Securities and Exchange Commission for a term Board for a term expiring August 2, 2017. expiring June 5, 2015. Page S6892 Daniel M. Gallagher, Jr., of Maryland, to be a Executive Communications: Pages S6870–71 Member of the Securities and Exchange Commission Additional Cosponsors: Pages S6872–74 for a term expiring June 5, 2016. Statements on Introduced Bills/Resolutions: Steven R. Frank, of Pennsylvania, to be United Pages S6874–81 States Marshal for the Western District of Pennsyl- vania for the term of four years. Additional Statements: Pages S6867–70 Martin J. Pane, of Pennsylvania, to be United Amendments Submitted: Pages S6881–88 States Marshal for the Middle District of Pennsyl- Notices of Hearings/Meetings: Page S6888 vania for the term of four years. David Blake Webb, of Pennsylvania, to be United Authorities for Committees to Meet: States Marshal for the Eastern District of Pennsyl- Pages S6888–89 vania for the term of four years. Record Votes: Seventeen record votes were taken Ann Marie Buerkle, of New York, to be a Rep- today. (Total—187) Pages S6801–02, S6807–08, S6828, resentative of the United States of America to the S6840–47 Sixty-sixth Session of the General Assembly of the Adjournment: Senate convened at 10:00 a.m. on United Nations. Thursday, October 20, 2011 and adjourned at 2:26 Russ Carnahan, of Missouri, to be a Representa- a.m. on Friday, October 21, 2011, until 3:45 p.m. tive of the United States of America to the Sixty- on Monday, October 24, 2011. (For Senate’s pro- sixth Session of the General Assembly of the United gram, see the remarks of the Majority Leader in to- Nations. day’s Record on page S6891.)

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rity Affairs, and Vicki Huddleston, Deputy Assistant Committee Meetings Secretary for Africa, both of the Department of De- (Committees not listed did not meet) fense. ACCOUNTABILITY AT FEMA HOUSING FINANCE REFORM Committee on Homeland Security and Governmental Af- Committee on Banking, Housing, and Urban Affairs: fairs: Ad Hoc Subcommittee on Disaster Recovery Committee concluded a hearing to examine housing finance reform, focusing on continuation of the 30- and Intergovernmental Affairs concluded a hearing year fixed-rate mortgage, after receiving testimony to examine accountability at the Federal Emergency from Janis Bowdler, National Council of La Raza, Management Agency (FEMA), after receiving testi- and Anthony B. Sanders, George Mason University, mony from Richard Serino, Deputy Administrator, both of Washington, D.C.; John Fenton, Affinity Federal Emergency Management Agency, and Matt Federal Credit Union, Tewksbury Township, New Jadacki, Assistant Inspector General, Emergency Jersey, on behalf of the National Association of Fed- Management Oversight, both of the Department of eral Credit Unions; Paul S. Willen, Federal Reserve Homeland Security; Maurice McTigue, George Bank of Boston, Boston, Massachusetts; and Susan E. Mason University Mercatus Center, Arlington, Vir- Woodward, Sand Hill Econometrics, Palo Alto, Cali- ginia; and Craig Killough, Project Management In- fornia. stitute (PMI), Newtown Square, Pennsylvania. THE GROUP OF TWENTY BUSINESS MEETING Committee on Banking, Housing, and Urban Affairs: Committee on Health, Education, Labor, and Pensions: Subcommittee on Security and International Trade Committee ordered favorably reported an original and Finance concluded a hearing to examine the bill to reauthorize the Elementary and Secondary Group of Twenty (G20) and global economic and fi- Education Act. nancial risks, after receiving testimony from Lael BUSINESS MEETING Brainard, Under Secretary of the Treasury for Inter- Committee on Indian Affairs: Committee ordered favor- national Affairs; and Uri Dadush, Carnegie Endow- ably reported S. 1262, to improve Indian education, ment for International Peace, John Makin, American with an amendment in the nature of a substitute. Enterprise Institute for Public Policy Research, and C. Fred Bergsten, Peterson Institute for International TRIBAL LAND BILLS Economics, all of Washington, D.C. Committee on Indian Affairs: Committee concluded a OVERSIGHT: SHALE GAS PRODUCTION hearing to examine S. 134, to authorize the Mesca- AND WATER RESOURCES lero Apache Tribe to lease adjudicated water rights, Committee on Energy and Natural Resources: Sub- S. 399, to modify the purposes and operation of cer- committee on Water and Power concluded an over- tain facilities of the Bureau of Reclamation to imple- sight hearing to examine shale gas production and ment the water rights compact among the State of water resources in the Eastern United States, after re- Montana, the Blackfeet Tribe of the Blackfeet Indian ceiving testimony from Cynthia C. Dougherty, Di- Reservation of Montana, and the United States, S. rector, Office of Ground Water and Drinking Water, 1327, to amend the Act of March 1, 1933, to trans- Office of Water, Environmental Protection Agency; fer certain authority and resources to the Utah Dineh David P. Russ, Regional Executive for the North- Corporation, and S. 1345, to provide for equitable east, United States Geological Survey, Department of compensation to the Spokane Tribe of Indians of the the Interior; Lori Wrotenbery, Oklahoma Corpora- Spokane Reservation for the use of tribal land for the tion Commission, Oklahoma City; Thomas W. production of hydropower by the Grand Coulee Beauduy, Susquehanna River Basin Commission, Dam, after receiving testimony from Senator Binga- Harrisburg, Pennsylvania; Cal Cooper, Apache Cor- man; Donald Laverdure, Principal Deputy Assistant poration, Houston, Texas; and Katy Dunlap, Trout Secretary for Indian Affairs, and Pam Williams, So- Unlimited, Arlington, Virginia. licitor’s Office, Indian Affairs Division, both of the Department of the Interior; Chris D. Tweeten, Mon- U.S. MILITARY DEPLOYMENT IN CENTRAL tana Reserved Water Rights Compact Commission AFRICA Chairman, Helena; Mark R. Chino, Mescalero Committee on Foreign Relations: Committee received a Apache Tribe, Mescalero, New Mexico; Terry J. closed briefing on United States military deployment Show, Blackfeet Tribal Business Council, Browning, to Central Africa from Donald Yamamoto, Principal Montana; Rex Lee Jim, Navajo Nation, Window Deputy Assistant Secretary of State; and Alexander Rock, Arizona; Kenneth Maryboy, San Juan County Vershbow, Assistant Secretary for International Secu- Commissioner, Monticello, Utah; and Gregory J.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 3:45 p.m., Monday, October 24 10 a.m., Friday, October 21

Senate Chamber House Chamber Program for Monday: Senate will meet in a pro forma Program for Friday: The House will meet in pro forma session. session at 10 a.m.

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