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Home , Charles Mathias, Frank Capra, Robin Carnahan, Todd Rokita

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

Vol. 157 WASHINGTON, WEDNESDAY, JANUARY 5, 2011 No. 1 House of Representatives This being the day fixed by Public The Clerk led the Pledge of Alle- CALIFORNIA Law 111–289, pursuant to the 20th giance as follows: Baca Garamendi Nunes Bass Harman Pelosi amendment to the Constitution of the I pledge allegiance to the Flag of the United States, for the meeting of the Bilbray Herger Richardson United States of America, and to the Repub- Becerra Honda Rohrabacher 112th Congress of the United States, lic for which it stands, one nation under God, Berman Hunter Roybal-Allard the Representatives-elect met in their indivisible, with liberty and justice for all. Bono Mack Issa Royce Hall, and at noon were called to order Calvert Lee Sa´ nchez, Linda The CLERK. As directed by law, the Campbell Lewis T. by the Clerk of the House of Represent- Capps Lofgren, Zoe Clerk of the House has prepared the of- Sanchez, Loretta atives, Hon. Lorraine C. Miller. Cardoza Lungren, Daniel Schiff ficial roll of the Representatives-elect. Chu E. The Reverend Daniel P. Coughlin of- Sherman Costa Matsui fered the following prayer: Certificates of election covering 435 Speier seats in the 112th Congress have been Davis McCarthy Come Holy Spirit, fill the hearts of Denham McClintock Stark Your faithful believers. Enkindle with- received by the Clerk of the House, and Dreier McKeon Thompson in them the fire of Divine Love; that the names of those persons whose cre- Eshoo McNerney Waters dentials show that they were regularly Farr Miller, Gary Waxman they may be truly open to respond to Filner Miller, George Woolsey Your Word and the needs of Your peo- elected as Representatives in accord Gallegly Napolitano ple. with the laws of their respective States COLORADO Lord, send forth Your spirit and or of the United States will be called. renew the face of the Earth. May the Coffman Lamborn Tipton The Representatives-elect will record DeGette Perlmutter spirit of the living God descend upon their presence by electronic device and Gardner Polis this Chamber; that from here may their names will be reported in alpha- CONNECTICUT come forth good news for the poor, betical order by State, beginning with healing for the broken-hearted, and re- Courtney Himes Murphy the State of Alabama, to determine DeLauro Larson newed hope in the Nation. Let there go whether a quorum is present. DELAWARE forth a proclamation to the people that Representatives-elect will have a Carney captivity is ended, and the action of minimum of 15 minutes to record their true politics will set this Nation free. presence by electronic device. FLORIDA By setting single-minded self-inter- Representatives-elect who have not Adams Mack Southerland est aside in the search for the common Bilirakis Mica Stearns good, may a just society flourish with obtained their voting ID cards may do Brown Miller Wasserman the gifts of Your spirit and be recog- so now in the Speaker’s lobby. Buchanan Nugent Schultz Castor Posey nized by others for its equal justice, The call was taken by electronic de- Webster Crenshaw Rivera West unity, and peace. vice, and the following Representa- Deutch Rooney Wilson Lord, may the 112th Congress of the tives-elect responded to their names: Diaz-Balart Ros-Lehtinen Young Hastings Ross United States of America be an instru- [Roll No. 1] ment of Your goodness with abiding GEORGIA ANSWERED ‘‘PRESENT’’—434 laws embraced and clarity in policy Barrow Johnson Scott, David statements, reaching beyond institu- ALABAMA Bishop Kingston Westmoreland tional thinking and public opinion Broun Lewis Woodall Aderholt Brooks Sewell Gingrey Price polls. May every human life in this Bachus Roby Graves Scott, Austin country be renewed with dignity and Bonner Rogers HAWAII purpose so we may truly glory in Your ALASKA Hanabusa Hirono name as the free children of God made Young in Your image and conformed to Your IDAHO saving grace, both now and forever. ARIZONA Labrador Simpson Amen. Flake Gosar Quayle PLEDGE OF ALLEGIANCE Franks Grijalva Schweikert Giffords Pastor Biggert Hultgren Manzullo The CLERK. The Representatives- Costello Jackson Quigley elect and their guests will please re- ARKANSAS Davis Johnson Roskam Dold Kinzinger main standing and join in the Pledge of Crawford Ross Gutierrez Lipinski Allegiance. Griffin Womack

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2 CONGRESSIONAL RECORD — HOUSE January 5, 2011 Rush Schilling Shimkus NORTH CAROLINA ANNOUNCEMENT BY THE CLERK Schakowsky Schock Walsh Butterfield Kissell Price The CLERK. Credentials, regular in Coble McHenry Shuler Ellmers McIntyre Watt form, have been received showing the Bucshon Donnelly Stutzman Foxx Miller election of: Burton Pence Visclosky Jones Myrick The Honorable PEDRO R. PIERLUISI as Carson Rokita Young NORTH DAKOTA Resident Commissioner from the Com- IOWA Berg monwealth of Puerto Rico for a term of 4 years beginning January 3, 2009; Boswell King Loebsack OHIO Braley Latham The Honorable ELEANOR HOLMES Austria Jordan Ryan NORTON as Delegate from the District KANSAS Boehner Kaptur Schmidt of Columbia; Huelskamp Pompeo Chabot Kucinich Stivers ADELEINE Jenkins Yoder Fudge LaTourette Sutton The Honorable M Z. Gibbs Latta Tiberi BORDALLO as Delegate from Guam; KENTUCKY Johnson Renacci Turner The Honorable DONNA M. Chandler Guthrie Whitfield OKLAHOMA CHRISTENSEN as Delegate from the Vir- Davis Rogers Yarmuth Boren Lankford Sullivan gin Islands; Cole Lucas LOUISIANA The Honorable ENI F. H. OREGON FALEOMAVAEGA as Delegate from Amer- Alexander Fleming Scalise Boustany Landry Blumenauer Walden ican Samoa; and Cassidy Richmond Schrader Wu The Honorable GREGORIO SABLAN as Delegate from the Commonwealth of MAINE the Northern Mariana Islands. Michaud Pingree Altmire Fitzpatrick Pitts Barletta Gerlach Platts f Brady Holden Schwartz Critz Kelly Shuster ELECTION OF SPEAKER Bartlett Harris Sarbanes Dent Marino Thompson The CLERK. Pursuant to law and Cummings Hoyer Van Hollen Doyle Meehan Edwards Ruppersberger Fattah Murphy precedent, the next order of business is the election of the Speaker of the RHODE ISLAND House of Representatives for the 112th Capuano Markey Tierney Cicilline Langevin Congress. Frank McGovern Tsongas Keating Neal Nominations are now in order. Lynch Olver Clyburn Gowdy Scott The Clerk recognizes the gentleman Duncan Mulvaney Wilson from Texas (Mr. HENSARLING). MICHIGAN SOUTH DAKOTA Mr. HENSARLING. Madam Clerk, Amash Dingell Miller every Congress represents a sacred re- Benishek Huizenga Peters Noem sponsibility to write a new and greater Camp Kildee Rogers TENNESSEE Clarke Levin Upton chapter in our Republic’s history. Be it Conyers McCotter Walberg Black Cooper Fincher providence or destiny, a unique man of Blackburn DesJarlais Fleischmann MINNESOTA Cohen Duncan Roe uniquely American values is now called to lead this effort. Bachmann Kline Peterson TEXAS Cravaack McCollum Walz At a time when far too many of our Barton Gohmert Marchant Ellison Paulsen countrymen remain unemployed, a Brady Gonzalez McCaul former small businessman will lead the MISSISSIPPI Burgess Granger Neugebauer Canseco Green, Al Olson House to pass policies to encourage job Harper Palazzo Carter Green, Gene Paul creation. Nunnelee Thompson Conaway Hall Poe Cuellar Hensarling At a time when all agree our Nation Reyes Culberson Hinojosa Sessions is on an unsustainable fiscal course, a Doggett Jackson Lee Akin Cleaver Hartzler Smith fiscal reformer will ensure that this Farenthold Johnson, E. B. Carnahan Emerson Long Thornberry House never mortgages the torch of lib- Flores Johnson, Sam Clay Graves Luetkemeyer erty in order to pay our debts. UTAH MONTANA At a time when too many doubt that Bishop Chaffetz Matheson Rehberg their children can enjoy a brighter fu- VERMONT ture in our country, he has lived the NEBRASKA Welch , and will protect it for Fortenberry Smith Terry our posterity like few others before VIRGINIA NEVADA him. Cantor Griffith Scott This proud son of Ohio—one of 12 Berkley Heck Heller Connolly Hurt Wittman Forbes Moran Wolf children born into a working-class fam- NEW HAMPSHIRE Goodlatte Rigell ily—has waited tables, mopped floors, Bass Guinta WASHINGTON tended bar, worked construction, worked his way to a college degree at NEW JERSEY Dicks Larsen Reichert Hastings McDermott Smith night school, led a thriving company. Andrews LoBiondo Runyan Herrera Beutler McMorris And through his faith, his hard work, Frelinghuysen Pallone Sires Inslee Rodgers Garrett Pascrell Smith his values, he is now poised to become Holt Payne WEST VIRGINIA the next Speaker of the House of Rep- Lance Rothman Capito McKinley Rahall resentatives. He knows firsthand that NEW MEXICO WISCONSIN unlimited opportunity can only arise from limited constitutional govern- Heinrich Luja´ n Pearce Baldwin Moore Ryan Duffy Petri Sensenbrenner ment. NEW YORK Kind Ribble Madam Clerk, as chairman of the Re- Ackerman Higgins Owens WYOMING publican Conference, I am directed by Bishop Hinchey Rangel Lummis the unanimous vote of that conference Buerkle Israel Reed to present for election to the Office of Clarke King Serrano b 1234 Crowley Lee Slaughter Speaker of the House of Representa- Engel Lowey Tonko The CLERK. The quorum call dis- tives for the 112th Congress the name Gibson Maloney Towns closes that 434 Representatives-elect of the Honorable JOHN A. BOEHNER, a Grimm McCarthy Vela´ zquez Hanna Meeks have responded to their name. A Representative-elect from the State of Weiner Hayworth Nadler quorum is present. Ohio.

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 5, 2011 CONGRESSIONAL RECORD — HOUSE H3 The CLERK. The Clerk now recog- Heck McHenry Roskam Sewell Tierney Waters nizes the gentleman from Connecticut Heller McKeon Ross (FL) Sherman Tonko Watt Hensarling McKinley Royce Sires Towns Waxman (Mr. LARSON). Herger McMorris Runyan Slaughter Tsongas Weiner Mr. LARSON of Connecticut. Madam Herrera Beutler Rodgers Ryan (WI) Smith (WA) Van Hollen Welch Clerk, as chairman of the Democratic Huelskamp Meehan Scalise Speier Vela´ zquez Wilson (FL) Huizenga (MI) Mica Schilling Stark Visclosky Caucus, I am directed by the vote of Woolsey Hultgren Miller (FL) Schmidt Sutton Walz (MN) Wu Thompson (CA) Wasserman that caucus to present for election to Hunter Miller (MI) Schock Yarmuth the Office of Speaker of the House of Hurt Miller, Gary Schweikert Thompson (MS) Schultz Issa Mulvaney Scott (SC) Representatives for the 112th Congress Jenkins Murphy (PA) Scott, Austin SHULER—11 a person who gives me great honor and Johnson (IL) Myrick Sensenbrenner Altmire Holden Michaud privilege, who has led with decency and Johnson (OH) Neugebauer Sessions Boren Kissell Ross (AR) dignity. I submit on behalf of this cau- Johnson, Sam Noem Shimkus Cooper Matheson Shuler Jones Nugent Shuster Donnelly (IN) McIntyre cus the name of the Honorable NANCY Jordan Nunes Simpson D’ALESANDRO PELOSI, a Representa- Kelly Nunnelee Smith (NE) LEWIS (GA)—2 tive-elect from the great State of Cali- King (IA) Olson Smith (NJ) Barrow Giffords King (NY) Palazzo Smith (TX) fornia. Kingston Paul Southerland COSTA—1 The CLERK. The names of the Hon- Kinzinger (IL) Paulsen Stearns Cardoza orable JOHN A. BOEHNER, a Representa- Kline Pearce Stivers CARDOZA—1 tive-elect from the State of Ohio, and Labrador Pence Stutzman Lamborn Petri Sullivan Costa the Honorable NANCY PELOSI, a Rep- Lance Pitts Terry resentative-elect from the State of Landry Platts Thompson (PA) COOPER—1 California, have been placed in nomina- Lankford Poe (TX) Thornberry Kind Latham Pompeo Tiberi tion. LaTourette Posey Tipton KAPTUR—1 Are there further nominations? Latta Price (GA) Turner Lipinski There being no further nominations, Lee (NY) Quayle Upton the Clerk appoints the following tell- Lewis (CA) Reed Walberg HOYER—1 LoBiondo Rehberg Walden Schrader ers: Long Reichert Walsh (IL) The gentleman from California (Mr. Lucas Renacci Webster ANSWERED ‘‘PRESENT’’—1 DANIEL E. LUNGREN); Luetkemeyer Ribble West Bishop (GA) Lummis Rigell Westmoreland The gentleman from Pennsylvania Lungren, Daniel Rivera Whitfield NOT VOTING—2 (Mr. BRADY); E. Roby Wilson (SC) Boehner DeFazio The gentlewoman from Ohio (Ms. Mack Roe (TN) Wittman Manzullo Rogers (AL) Wolf b 1341 KAPTUR); and Marchant Rogers (KY) Womack The gentlewoman from Florida (Ms. Marino Rogers (MI) Woodall The CLERK. The tellers agree in ROS-LEHTINEN). McCarthy (CA) Rohrabacher Yoder their tallies that the total number of The tellers will come forward and McCaul Rokita Young (AK) votes cast by surname is 432, of which McClintock Rooney Young (FL) take their seats at the desk in front of McCotter Ros-Lehtinen Young (IN) the Honorable JOHN A. BOEHNER of the the Speaker’s rostrum. State of Ohio has received 241, the Hon- The roll will now be called, and those PELOSI—173 orable NANCY PELOSI of the State of responding to their names will indicate Ackerman Engel Matsui California has received 173, the Honor- by surname the nominee of their choos- Andrews Eshoo McCarthy (NY) able DENNIS CARDOZA of the State of Baca Farr McCollum California has received 1, the Honor- ing. Baldwin Fattah McDermott The Reading Clerk will now call the Bass (CA) Filner McGovern able JIM COOPER of the State of Ten- roll. Becerra Frank (MA) McNerney nessee has received 1, the Honorable The tellers having taken their places, Berkley Fudge Meeks JIM COSTA of the State of California Berman Garamendi Miller (NC) the House proceeded to vote for the Bishop (NY) Gonzalez Miller, George has received 1, the Honorable STENY Speaker. Blumenauer Green, Al Moore HOYER of the State of Maryland has re- The following is the result of the Boswell Green, Gene Moran ceived 1, the Honorable MARCY KAPTUR Brady (PA) Grijalva Murphy (CT) of the State of Ohio has received 1, the vote: Braley (IA) Gutierrez Nadler [Roll No. 2] Brown (FL) Hanabusa Napolitano Honorable JOHN LEWIS of the State of Butterfield Harman Neal BOEHNER—241 Georgia has received 2, the Honorable Capps Hastings (FL) Olver HEATH SHULER of the State of North Adams Campbell Fleming Capuano Heinrich Owens Aderholt Canseco Flores Carnahan Higgins Pallone Carolina has received 11, with 1 re- Akin Cantor Forbes Carney Himes Pascrell corded as ‘‘present.’’ Alexander Capito Fortenberry Carson (IN) Hinchey Pastor (AZ) Therefore, the Honorable JOHN A. Amash Carter Foxx Castor (FL) Hinojosa Payne BOEHNER of the State of Ohio, having Austria Cassidy Franks (AZ) Chandler Hirono Pelosi Bachmann Chabot Frelinghuysen Chu Holt Perlmutter received the majority of the votes cast, Bachus Chaffetz Gallegly Cicilline Honda Peters is duly elected Speaker of the House of Barletta Coble Gardner Clarke (MI) Hoyer Peterson Representatives for the 112th Congress. Bartlett Coffman (CO) Garrett Clarke (NY) Inslee Pingree (ME) The Clerk appoints the following Barton (TX) Cole Gerlach Clay Israel Polis Bass (NH) Conaway Gibbs Cleaver Jackson (IL) Price (NC) committee to escort the Speaker-elect Benishek Cravaack Gibson Clyburn Jackson Lee Quigley to the chair: Berg Crawford Gingrey (GA) Cohen (TX) Rahall The gentleman from Virginia (Mr. Biggert Crenshaw Gohmert Connolly (VA) Johnson (GA) Rangel CANTOR) Bilbray Culberson Goodlatte Conyers Johnson, E. B. Reyes Bilirakis Davis (KY) Gosar Costello Kaptur Richardson The gentlewoman from California Bishop (UT) Denham Gowdy Courtney Keating Richmond (Ms. PELOSI) Black Dent Granger Critz Kildee Rothman (NJ) The gentleman from California (Mr. Blackburn DesJarlais Graves (GA) Crowley Kucinich Roybal-Allard MCCARTHY) Bonner Diaz-Balart Graves (MO) Cuellar Langevin Ruppersberger Bono Mack Dold Griffin (AR) Cummings Larsen (WA) Rush The gentleman from Maryland (Mr. Boustany Dreier Griffith (VA) Davis (CA) Larson (CT) Ryan (OH) HOYER) Brady (TX) Duffy Grimm Davis (IL) Lee (CA) Sa´ nchez, Linda The gentleman from Texas (Mr. Brooks Duncan (SC) Guinta DeGette Levin T. HENSARLING) Broun (GA) Duncan (TN) Guthrie DeLauro Lewis (GA) Sanchez, Loretta Buchanan Ellmers Hall Deutch Loebsack Sarbanes The gentleman from South Carolina Bucshon Emerson Hanna Dicks Lofgren, Zoe Schakowsky (Mr. CLYBURN) Buerkle Farenthold Harper Dingell Lowey Schiff The gentleman from Texas (Mr. SES- Burgess Fincher Harris Doggett Luja´ n Schwartz SIONS) Burton (IN) Fitzpatrick Hartzler Doyle Lynch Scott (VA) Calvert Flake Hastings (WA) Edwards Maloney Scott, David The gentleman from Connecticut Camp Fleischmann Hayworth Ellison Markey Serrano (Mr. LARSON)

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H4 CONGRESSIONAL RECORD — HOUSE January 5, 2011 The gentleman from Georgia (Mr. Right, Bob? lege more affordable, enacted Wall PRICE) I was there in the freezing cold and Street reform with the greatest con- The gentleman from California (Mr. heard the stirring address that inspired sumer protections in history, and BECERRA) generations of Americans to public passed a strong Patients’ Bill of The gentlewoman from Washington service. Rights. It means that children with (Mrs. MCMORRIS RODGERS) In his 1962 Ad- preexisting conditions can get care; The gentleman from New York (Mr. dress, right from here, from this dais, young people can stay on their parents’ ISRAEL) President Kennedy said to the Con- policies until they are 26; pregnant The gentleman from Texas (Mr. gress: the Constitution makes us all women and breast and prostate cancer CARTER) trustees of the American people, patients can no longer be thrown off The gentleman from Maryland (Mr. custodians of the American heritage. their insurance; our seniors are paying VAN HOLLEN) Today, as we take the oath of office less for their medical prescriptions. The gentlewoman from South Dakota to support and defend our Constitution, Taken together, it will save taxpayers (Mrs. NOEM) we do so as trustees of America’s best $1.3 trillion. The gentleman from California (Mr. hopes and as custodians of America’s Thanks to you, thanks to all of us, GEORGE MILLER) highest values. However we may differ, we advanced the defining American The gentleman from South Carolina let us never lose sight of our common cause of ‘‘equality for all’’ from the (Mr. SCOTT) laws for this exceptional Nation and first days of the Congress with the pas- The gentlewoman from Connecticut our shared obligation to the way for- sage of the Lilly Ledbetter Fair Pay (Ms. DELAURO) ward. Act to the last days with the repeal of The gentleman from Oregon (Mr. I started off by acknowledging and the Don’t Ask, Don’t Tell policy. WALDEN) welcoming and congratulating the And thanks to you, we achieved more The gentleman from Texas (Mr. Members and their families. Our fami- for America’s veterans than at any CUELLAR) lies have always helped light the way time since the passage of the GI Bill of The gentleman from California (Mr. forward for all of us. With a full and Rights in 1944. Because of our coura- DREIER) grateful heart, I want to thank my geous troops and our veterans, we will The gentlewoman from Florida (Ms. family: my husband of 47 years, Paul always be the land of the free and the WASSERMAN SCHULTZ) Pelosi; my children, Nancy Corinne, home of the brave. The gentleman from Illinois (Mr. Christine, Jacqueline, Paul, and Alex- Let us now salute our men and ROSKAM) andra; and my grandchildren. I am women in uniform. The gentlewoman from California proud, too, to be from a large family— To honor them, we must build a fu- (Ms. BASS) the youngest of seven—and to acknowl- And the Members of the Ohio delega- ture worthy of their sacrifice, which edge my brother, Thomas D’Alesandro tion: includes good-paying jobs when they III, the former mayor of , come home. It is not enough that we Ms. KAPTUR Maryland. staved off a depression. Much more Mr. LATOURETTE Welcome, Thomas. Mr. KUCINICH needs to be done to open up the Amer- Let me thank my constituents in San Mr. TIBERI ican Dream and lift up the American Francisco, whom I am proud to rep- Mr. RYAN economy. The only acceptable outcome resent in the spirit of the anthem of Mr. TURNER is to fully and finally restore fair pros- our city of Saint Francis—the song of Mrs. SCHMIDT perity that good-paying jobs provide. Saint Francis—and I am so pleased Ms. SUTTON b 1400 Mr. LATTA that that was recited by all of us at the Our most important job is to fight Mr. JORDAN interdenominational service this morn- for American jobs, to make it in Amer- Ms. FUDGE ing. Mr. AUSTRIA I am grateful to my colleagues for ica—STENY—and so Democrats will Mr. CHABOT their commitment to equality, which is judge what comes before Congress, Mr. GIBBS both our heritage and our hope, giving from either side of the aisle, as to Mr. JOHNSON me the historic honor of being the first whether it creates jobs, strengthens Mr. RENACCI, and woman Speaker of the House of Rep- the middle class, and reduces the def- Mr. STIVERS resentatives. Now more doors are wide icit, not burdening future generations. The committee will retire from the open for all of America’s daughters and When the new Speaker of the House, Chamber to escort the Speaker-elect to granddaughters. JOHN BOEHNER, and the new Republican the chair. I am also honored to be the first majority—and congratulations, again— The Sergeant at Arms announced the Italian-American Speaker. Like many come forward with solutions that will Speaker-elect of the House of Rep- Americans, our heritage is a source of address these American challenges, you resentatives of the 112th Congress, who great pride and of deeply ingrained pa- will find us a willing partner. was escorted to the chair by the Com- triotism which summons us to build a As we congratulate Speaker BOEHNER mittee of Escort. stronger Nation. We recognize that the and our Republican colleagues, as we Ms. PELOSI. It is a high honor to proudest title we will ever hold is not wish them success, we must stand welcome all Members of Congress and accorded on this floor. It is the simple ready to find common ground, to solve their families to the House of Rep- dignity of the title ‘‘American’’—part problems, and to build a more secure resentatives. of our great democracy that continues future for all Americans. To the new Members and their fami- to be the greatest hope of liberty and And as we take the oath of office lies, a special congratulations and wel- progress for the entire world. today to support and defend the Con- come to you. We all wish you great When I was first elected Speaker, I stitution, we must be ever mindful that success. Congratulations to you. called the House to order on behalf of it makes us trustees for the American We all come here to represent our America’s children; and now, as I pre- people, with an obligation to do what is constituents. Our respect for each pare to hand the gavel over to Speaker right for them, and custodian of the other is founded in our respect for the BOEHNER, I know one thing above all American heritage—our great values. people that we represent. else: Thanks to you, we have stood Thank you, my colleagues, for the This month, we will celebrate the with those children and for their fami- honor of serving in that tradition as 50th anniversary of the inauguration of lies—for their health, their education, the Speaker of the House of Represent- John F. Kennedy as President of the the safety of the air they breathe, the atives. I thank you, my colleagues. United States. water they drink, and the food they Again, I want to congratulate all of As a student, I was there in the freez- eat. the new Members of Congress, all of ing cold. For some of you, you have Thanks to you, for those children and you who have been reelected, but espe- read about it in the history books, but their families, we have made the larg- cially the new majority and the new to Bob and me, it was our youth. est ever commitment to making col- Speaker of the House, JOHN BOEHNER.

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 5, 2011 CONGRESSIONAL RECORD — HOUSE H5 Now, the House will be led by a proud No longer can we fall short. No longer pledge to America, built through a son of Ohio, a man of conviction, a pub- can we kick the can down the road. process of listening to the American lic servant of resolve, and a legislative The people voted to end business as people. We will stand firm on our con- leader of skill. Speaker BOEHNER is a usual; and, today, we begin to carry stitutional principles that built our leader who has earned the confidence of out their instructions. party and built a great Nation. We will his conference and the respect of his In the Catholic faith, we enter into a do these things, however, in a manner colleagues in the Congress. He is a man season of service by having ashes that restores and respects the time- of faith: faith in God, faith in our coun- marked on our head. The ashes remind honored right of the minority to an try, and faith in his family. us that life, in all of its forms, is very honest debate and a fair, open process. It is very important for us, in ac- fragile; our time on this Earth fleeting. And to my friends in the minority, I knowledging that, for us to acknowl- But as the ashes are delivered, we hear offer a commitment: Openness, once a edge his family, his wife, Mrs. Boehner. those humbling words: remember, you tradition of this institution but in- As we congratulate him, we congratu- are dust and to dust you shall return. creasingly scarce in recent decades, late and thank Debbie for sharing him The American people have humbled will be the new standard. There were with us and Lindsay and Trisha and, us. They have refreshed our memories no open rules in the House in the last indeed, the entire Boehner family. to just how temporary the privilege of Congress. In this one, there will be Thank you and congratulations to all serving is. They’ve reminded us that many. of you. everything here is on loan from them. But with this restored openness, how- Now, recognizing our roles under the That includes this gavel, which I ac- ever, comes a restored responsibility. Constitution, united in our love of our cept cheerfully and gratefully, knowing You will not have the right to willfully country, we now engage in a strong that I am but its caretaker. After all, disrupt the proceedings of the people’s symbol of American democracy, the this is the people’s House. This is their House, but you will always have the peaceful and respectful exchange of Congress. It’s about them, not about right to a robust debate in open process power. I now pass this gavel, which is us. What they want is a government that allows you to represent your con- larger than most gavels here, but the that’s honest, accountable, and respon- stituents, to make your case, offer al- gavel of choice of Speaker BOEHNER—I sive to their needs, a government at ternatives, and be heard. In time I believe this framework will now pass this gavel and the sacred that respects individual liberty, honors allow the House to be a place where the trust that goes with it to the new our heritage, and bows before the pub- people’s will is done. It will also, I Speaker. God bless you, Speaker lic that it serves. hope, rebuild trust among us and the BOEHNER. God bless this Congress and Let’s start with the rules package people we serve and, in so doing, pro- God bless America. that the House will consider today. If vide a guidepost for those who follow Mr. BOEHNER. Thank you. It’s still passed, it will change how this institu- just me. us in the service of our Nation. tion operates, with an emphasis on real To our new Members, Democrat and Madam Speaker, thank you for your transparency, greater accountability, Republican alike, as you take the oath kind words, and thank you for your and a renewed focus on our Constitu- today, I know that you do so mindful service to this institution. tion. Our aim will be to give the gov- of this shared goal and the trust placed Secondly, I want to welcome all of ernment back to the American people. in you by your constituents. our new Members and their families on b 1410 As Speaker, I feel part of my job is to what is a very special day. All of us help each of you do your job well, re- In seeking this goal, we will part who have been here remember vividly gardless of your political party. My with some of the rituals that have that first day that we served here, and hope is that every new Member, and, come to characterize this institution I think any of us can tell you that you indeed, every Member, will be com- under majorities, both Republican and will never forget today. fortable with approaching me with re- Democrat alike. We will dispense with My own family is here as well. I gard to matters of the House. think you just met Debbie, and next to the conventional wisdom that bigger We will not always get it right, and Debbie are Lindsay and Trisha, our two bills are always better, that fast legis- we will not always agree on what is daughters. Welcome. We’re glad that lating is good legislating, that allowing right. There is a great deal of scar tis- you’re here. Ten of my 11 brothers and amendments and open debate makes sue that has been built up on both sides sisters and sisters-in-law and brothers- the legislative process ‘‘less efficient’’ of the aisle. We can’t ignore that, nor in-law are here as well, and my poor than our Forefathers had intended. should we. My belief has always been brother Greg who runs a restaurant These misconceptions have been the that we can disagree without being dis- down in Georgia was unable to be here, basis for the rituals of modern Wash- agreeable. That is why it’s critical that but I wanted to acknowledge him. ington. In my opinion, the American this institution operate in a manner I also want to acknowledge some of people have not been served well by that permits a free exchange of ideas my close friends that are here from the them. Today, mindful of the lessons of and resolves our honest differences other side of the Capitol: MITCH the past, we open a new chapter. through a fair debate and vote. We may MCCONNELL, the Senate Republican Legislators and the public will have 3 have different, sometimes very dif- leader is here; and two of my best buds, days to read a bill before it comes to a ferent, ideas about how to go about RICHARD BURR from North Carolina, vote. Legislation will be more focused, achieving the common good. It is why SAXBY CHAMBLISS from Georgia, along properly scrutinized, and constitu- we serve. with, you know, my buddy LATHAM. tionally sound. Committees, once Let us now move forward, humble in Thank you for being here, gentlemen. I bloated, will be smaller with a renewed our demeanor, steady in our principles, appreciate it. mission, including oversight. Old rules dedicated to proving worthy of the I am honored and humbled to rep- that have made it easy to increase trust and confidence that has been resent a great, hardworking commu- spending will be replaced by new rules placed in each of us. If we brace our- nity in Congress. The people of Ohio’s that make it easier to cut spending. selves to do our duty and do what we Eighth Congressional District continue And we will start by cutting Congress’ say we re going to do, I don’t think to afford me the privilege to serve, for own budget. that, together, there is anything that which I am deeply grateful. Above all else, we will welcome the we can’t accomplish, again, on behalf We gather here today at a time of battle of ideas, encourage it, and en- of the people we serve. great challenges, when nearly one in 10 gage in it—openly, honestly, and re- More than a country, America is an of our neighbors is out of work. Health spectfully. As the Chamber closest to idea; and it’s our job to pass that pos- care costs are still rising for American the people, the House works best when terity of blessings that have been be- families. Our spending has caught up it is allowed to work its will. And I ask stowed on us to those generations that with us, and our debt soon will eclipse all Members of this body to join me in follow us. the entire size of our national econ- recognizing this common truth. I want to wish all of you the very omy. Hard work and tough decisions To my colleagues in the majority, best. Welcome to the people’s House. will be required of the 112th Congress. my message is this: We will honor our Welcome to the 112th Congress.

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6 CONGRESSIONAL RECORD — HOUSE January 5, 2011 I am now ready to take the oath of ference, I am directed by that con- That John Lawrence of the State of New the office, and I ask the Dean of the ference to notify the House officially Jersey be, and is hereby, chosen Clerk of the House, the Honorable JOHN DINGELL of that the Republican Members have se- House of Representatives; Michigan, to administer the oath of of- lected as their majority whip the gen- That Alexis Covey-Brandt of the State of Maryland be, and is hereby, chosen Sergeant- fice. tleman from California, the Honorable at-Arms of the House of Representatives; and Mr. DINGELL then administered the KEVIN MCCARTHY. That Yelberton Watkins of the State of oath of office to Mr. BOEHNER of Ohio, f South Carolina be, and is hereby, chosen as follows: Chief Administrative Officer of the House of Do you solemnly swear or affirm that MINORITY WHIP AND ASSISTANT Representatives. DEMOCRATIC LEADER you will support and defend the Con- The SPEAKER. The question is on stitution of the United States against Mr. LARSON of Connecticut. Mr. the amendment offered by the gen- all enemies, foreign and domestic; that Speaker, as chair of the Democratic tleman from Connecticut. you will bear true faith and allegiance Caucus, I am directed by that con- The amendment was rejected. to the same; that you take this obliga- ference to notify the House of Rep- The SPEAKER. The question is on tion freely, without any mental res- resentatives officially that the Demo- the remainder of the resolution offered ervation or purpose of evasion; and cratic Members have selected as minor- by the gentleman from Texas. that you will well and faithfully dis- ity whip the gentleman from Maryland, The remainder of the resolution was charge the duties of the office on which the Honorable ; and as as- agreed to. you are about to enter, so help you sistant Democratic leader, the gen- A motion to reconsider was laid on God. tleman from South Carolina, the Hon- the table. (Applause, the Members rising.) orable JAMES CLYBURN. Mr. DINGELL. Congratulations, Mr. The SPEAKER. The Chair will now f Speaker. swear in the officers of the House. The officers presented themselves in f ELECTION OF CLERK OF THE HOUSE, SERGEANT AT ARMS, the well of the House and took the oath SWEARING IN OF MEMBERS CHIEF ADMINISTRATIVE OFFI- of office as follows: The SPEAKER. According to prece- CER AND CHAPLAIN Do you solemnly swear or affirm that dent, the Chair will swear in the Mem- you will support and defend the Con- Mr. HENSARLING. Mr. Speaker, I stitution of the United States against bers-elect en masse. offer a privileged resolution and ask The Members-elect will rise and raise all enemies, foreign and domestic; that for its immediate consideration. their right hands. you will bear true faith and allegiance The Members-elect rose, and the The Clerk read the resolution, as fol- to the same; that you take this obliga- Speaker administered the oath of office lows: tion freely, without any mental res- to them as follows: H. RES. 1 ervation or purpose of evasion; and Do you solemnly swear or affirm that Resolved, That Karen L. Haas of the State that you will well and faithfully dis- you will support and defend the Con- of Maryland, be, and is hereby, chosen Clerk charge the duties of the office on which stitution of the United States against of the House of Representatives; That Wilson S. Livingood of the Common- you are about to enter, so help you all enemies, foreign and domestic; that wealth of Virginia be, and is hereby, chosen God. you will bear true faith and allegiance Sergeant-at-Arms of the House of Represent- The SPEAKER. Congratulations. to the same; that you take this obliga- atives; f tion freely, without any mental res- That Daniel J. Strodel of the District of ervation or purpose of evasion; and Columbia be, and is hereby, chosen Chief Ad- b 1430 that you will well and faithfully dis- ministrative Officer of the House of Rep- SWEARING IN OF MEMBER charge the duties of the office on which resentatives; and you are about to enter, so help you That Father Daniel P. Coughlin of the The SPEAKER. Will the gentleman State of Illinois, be, and is hereby, chosen from Oklahoma please present himself God. Chaplain of the House of Representatives. The SPEAKER. Congratulations. You in the well. are now Members of the 112th Congress. Mr. HENSARLING. Mr. Speaker, I Mr. SULLIVAN appeared at the bar wish to congratulate my counterpart f of the House and took the oath of office on his re-election. as follows: b 1420 I yield to the gentleman from Con- Do you solemnly swear that you will MAJORITY LEADER necticut (Mr. LARSON) for the purpose support and defend the Constitution of of offering an amendment. Mr. HENSARLING. Mr. Speaker, as the United States against all enemies, Mr. LARSON of Connecticut. Mr. chairman of the Republican Con- foreign and domestic; that you will Speaker, I have an amendment to the ference, I have been directed to report bear true faith and allegiance to the resolution, but before offering the to the House that the Republican Mem- same; that you take this obligation amendment, I request that there be a bers have selected as majority leader freely, without any mental reservation division of the question on the resolu- the gentleman from Virginia, the Hon- or purpose of evasion; and that you will tion so that we may have a separate orable . well and faithfully discharge the duties vote on the Chaplain. f of the office on which you are about to The SPEAKER. The question will be enter, so help you God. MINORITY LEADER divided. The SPEAKER. Congratulations. The question is on agreeing to that Mr. LARSON of Connecticut. Con- f gratulations to you, Mr. Speaker, and portion of the resolution providing for congratulations to my colleague and the election of the Chaplain. NOTIFICATION TO THE SENATE chair of the Republican Conference. That portion of the resolution was agreed to. Mr. CANTOR. Mr. Speaker, I offer a Mr. Speaker, as chairman of the privileged resolution and ask for its Democratic Caucus, I am directed by A motion to reconsider was laid on the table. immediate consideration. that conference to notify the House of The Clerk read the resolution, as fol- AMENDMENT OFFERED BY MR. LARSON OF Representatives officially that the lows: Democratic Members have selected as CONNECTICUT H. RES. 2 minority leader the gentlewoman from Mr. LARSON of Connecticut. Mr. Resolved, That the Senate be informed that California, the Honorable NANCY Speaker, I offer an amendment to the a quorum of the House of Representatives D’ALESANDRO PELOSI. remainder of the resolution. The SPEAKER pro tempore. The has assembled; that John A. Boehner, a Rep- f resentative from the State of Ohio, has been Clerk will report the amendment. MAJORITY WHIP elected Speaker; and that Karen L. Haas, a The Clerk read as follows: citizen of the State of Maryland, has been Mr. HENSARLING. Mr. Speaker, as Amendment offered by Mr. LARSON of Con- elected Clerk of the House of Representa- chairman of the Republican Con- necticut: tives of the One Hundred Twelfth Congress.

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 5, 2011 CONGRESSIONAL RECORD — HOUSE H7 The resolution was agreed to. H. RES. 5 of the following circumstances (in which A motion to reconsider was laid on Resolved, That the Rules of the House of case the chair shall make the announcement the table. Representatives of the One Hundred Elev- specified in subdivision (A) at the earliest enth Congress, including applicable provi- possible time): f sions of law or concurrent resolution that ‘‘(i) the chair of the committee, with the COMMITTEE TO NOTIFY constituted rules of the House at the end of concurrence of the ranking minority mem- PRESIDENT the One Hundred Eleventh Congress, are ber, determines that there is good cause; or adopted as the Rules of the House of Rep- ‘‘(ii) the committee so determines by ma- Mr. CANTOR. Mr. Speaker, I offer a resentatives of the One Hundred Twelfth jority vote in the presence of the number of privileged resolution and ask for its Congress, with amendments to the standing members required under the rules of the immediate consideration. rules as provided in section 2, and with other committee for the transaction of business. The Clerk read the resolution, as fol- orders as provided in sections 3, 4, and 5. ‘‘(C) An announcement made under this lows: SEC. 2. CHANGES TO THE STANDING RULES. subparagraph shall be published promptly in (a) CITING AUTHORITY UNDER THE CONSTITU- the Daily Digest and made publicly available H. RES. 3 TION.— in electronic form. Resolved, That a committee of two Mem- (1) In clause 7 of rule XII, add the following ‘‘(D) This subparagraph and subparagraph bers be appointed by the Speaker on the part new paragraph: (4) shall not apply to the Committee on of the House of Representatives to join with ‘‘(c)(1) A bill or joint resolution may not be Rules.’’. a committee on the part of the Senate to no- introduced unless the sponsor submits for (4) MINIMUM PERIOD FOR AVAILABILITY OF tify the President of the United States that printing in the Congressional Record a state- COMMITTEE MARKUP TEXT.—In clause 2(g) of a quorum of each House has assembled and ment citing as specifically as practicable the rule XI, insert the following new subpara- Congress is ready to receive any communica- power or powers granted to Congress in the graph, and redesignate the succeeding sub- tion that he may be pleased to make. Constitution to enact the bill or joint resolu- paragraphs accordingly: The resolution was agreed to. tion. The statement shall appear in a portion ‘‘(4) At least 24 hours prior to the com- A motion to reconsider was laid on of the Record designated for that purpose mencement of a meeting for the markup of legislation, or at the time of an announce- the table. and be made publicly available in electronic form by the Clerk. ment under subparagraph (3)(B) made within f ‘‘(2) Before consideration of a Senate bill 24 hours before such meeting, the chair of the committee shall cause the text of such APPOINTMENT AS MEMBERS OF or joint resolution, the chair of a committee of jurisdiction may submit the statement re- legislation to be made publicly available in COMMITTEE TO NOTIFY THE electronic form.’’. PRESIDENT, PURSUANT TO quired under subparagraph (1) as though the chair were the sponsor of the Senate bill or (5) AVAILABILITY OF VOTES IN ELECTRONIC HOUSE RESOLUTION 3 joint resolution.’’. FORM.—In clause 2(e)(1)(B)(i) of rule XI— The SPEAKER pro tempore (Mr. (2) In clause 3(d) of rule XIII— (A) in the first sentence, before the period at the end thereof insert ‘‘and also made LATOURETTE). Without objection, pur- (A) strike subparagraph (1) (and redesig- nate the succeeding subparagraphs accord- publicly available in electronic form within suant to House Resolution 3, the Chair 48 hours of such record vote’’; and announces the Speaker’s appointment ingly); and (B) in subparagraph (2), as redesignated, (B) in the second sentence, strike ‘‘for pub- of the following Members to the com- strike ‘‘subparagraph (2)’’ each place it ap- lic inspection’’. mittee on the part of the House to join pears and insert (in each instance) ‘‘subpara- (6) AVAILABILITY OF THE TEXT OF AMEND- a committee on the part of the Senate graph (1)’’. MENTS IN ELECTRONIC FORM.—In clause 2(e) of rule XI, add the following new subparagraph: to notify the President of the United (b) THREE-DAY AVAILABILITY FOR UNRE- PORTED MEASURES.—In rule XXI, add the fol- ‘‘(6) Not later than 24 hours after the adop- States that a quorum of each House tion of any amendment to a measure or mat- has assembled and that Congress is lowing new clause: ‘‘11. It shall not be in order to consider a ter considered by a committee, the chair of ready to receive any communication bill or joint resolution which has not been such committee shall cause the text of each that he may be pleased to make: reported by a committee until the third cal- such amendment to be made publicly avail- The gentleman from Virginia (Mr. endar day (excluding Saturdays, Sundays, or able in electronic form.’’. CANTOR) and legal holidays except when the House is in (7) AVAILABILITY OF ‘‘TRUTH IN TESTIMONY’’ The gentlewoman from California session on such a day) on which such meas- INFORMATION IN ELECTRONIC FORM.—In clause ure has been available to Members, Dele- 2(g)(5) of rule XI, as redesignated, add the (Ms. PELOSI). following new sentence: ‘‘Such statements, There was no objection. gates, and the Resident Commissioner.’’. (c) TRANSPARENCY FOR HOUSE AND COM- with appropriate redactions to protect the f MITTEE OPERATIONS.— privacy of the witness, shall be made pub- licly available in electronic form not later AUTHORIZING THE CLERK TO IN- (1) STANDARDS FOR ELECTRONIC DOCU- MENTS.—In clause 4(d)(1) of rule X— than one day after the witness appears.’’. FORM THE PRESIDENT OF THE (A) in subdivision (C), strike ‘‘and’’; (8) AVAILABILITY OF COMMITTEE RULES IN ELECTION OF THE SPEAKER AND (B) in subdivision (D), strike the period and ELECTRONIC FORM.—In clause 2(a) of rule XI, THE CLERK OF THE HOUSE OF insert ‘‘; and’’; and amend subparagraph (2) to read as follows: REPRESENTATIVES (C) add the following new subdivision: ‘‘(2) Each committee shall make its rules publicly available in electronic form and Mr. DINGELL. Mr. Speaker, I offer a ‘‘(E) establish and maintain standards for making documents publicly available in submit such rules for publication in the Con- privileged resolution and ask for its electronic form by the House and its com- gressional Record not later than 30 days immediate consideration. mittees.’’. after the chair of the committee is elected in The Clerk read the resolution, as fol- (2) ENSURING THAT TEXT IS PUBLICLY AVAIL- each odd-numbered year.’’. lows: ABLE IN ELECTRONIC FORM.—In rule XXIX, add (9) AUDIO AND VIDEO COVERAGE OF COM- H. RES 4 the following new clause: MITTEE HEARINGS AND MEETINGS.—In clause ‘‘3. If a measure or matter is publicly 2(e) of rule XI, add the following new sub- Resolved, That the Clerk be instructed to available in electronic form at a location paragraph: inform the President of the United States designated by the Committee on House Ad- ‘‘(5) To the maximum extent practicable, that the House of Representatives has elect- ministration, it shall be considered as having each committee shall— ed John A. Boehner, a Representative from been available to Members, Delegates, and ‘‘(A) provide audio and video coverage of the State of Ohio as Speaker, and Karen L. the Resident Commissioner for purposes of each hearing or meeting for the transaction Haas, a citizen of the State of Maryland as these rules.’’. of business in a manner that allows the pub- Clerk, of the House of Representatives of the (3) MINIMUM NOTICE PERIOD FOR COMMITTEE lic to easily listen to and view the pro- One Hundred Twelfth Congress: MEETINGS AND HEARINGS.—In rule XI, amend ceedings; and The resolution was agreed to. clause 2(g)(3) to read as follows: ‘‘(B) maintain the recordings of such cov- A motion to reconsider was laid on ‘‘(3)(A) The chair of a committee shall an- erage in a manner that is easily accessible to the table. nounce the date, place, and subject matter the public.’’. of— (10) RECORD VOTES IN THE COMMITTEE ON f ‘‘(i) a committee hearing, which may not RULES.—In clause 3(b) of rule XIII, strike ‘‘a RULES OF THE HOUSE commence earlier than one week after such report by the Committee on Rules on a rule, Mr. CANTOR. Mr. Speaker, I offer a notice; or joint rule, or the order of business or to’’. ‘‘(ii) a committee meeting, which may not (11) ELIMINATION OF DUPLICATIVE PRO- privileged resolution and ask for its commence earlier than the third day on GRAMS.—In clause 2(d)(1) of rule X— immediate consideration. which members have notice thereof. (A) in subdivision (D), strike ‘‘and’’; The Clerk read the resolution, as fol- ‘‘(B) A hearing or meeting may begin soon- (B) in subdivision (E), strike the period and lows: er than specified in subdivision (A) in either insert ‘‘; and’’; and

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(C) add the following new subdivision: for any purpose other than for those activi- (9) DESIGNATING THE COMMITTEE ON SCIENCE, ‘‘(F) include proposals to cut or eliminate ties authorized for the highway or mass SPACE, AND TECHNOLOGY.—In rule X— programs, including mandatory spending transit categories.’’; and (A) in clause 1(p), as redesignated, strike programs, that are inefficient, duplicative, (B) in clause 3, strike the caption. ‘‘Committee on Science and Technology’’ outdated, or more appropriately adminis- (5) LIMITATION ON INCREASES IN DIRECT and insert ‘‘Committee on Science, Space, tered by State or local governments.’’. SPENDING IN RECONCILIATION INITIATIVES.—In and Technology’’; and (d) INITIATIVES TO REDUCE SPENDING AND rule XXI, amend clause 7 to read as follows: (B) in clause 3(k), strike ‘‘Committee on IMPROVE ACCOUNTABILITY.— ‘‘7. It shall not be in order to consider a Science and Technology’’ and insert ‘‘Com- (1) CUT-AS-YOU-GO.—In rule XXI, amend concurrent resolution on the budget, or an mittee on Science, Space, and Technology’’. clause 10 to read as follows: amendment thereto, or a conference report (10) ELIMINATING THE SELECT INTELLIGENCE ‘‘10.(a)(1) Except as provided in paragraphs thereon that contains reconciliation direc- OVERSIGHT PANEL.—In clause 4(a) of rule X, (b) and (c), it shall not be in order to con- tives under section 310 of the Congressional strike subparagraph (5). sider a bill or joint resolution, or an amend- Budget Act of 1974 that specify changes in (11) ADJUSTING THE SIZE OF THE PERMANENT ment thereto or a conference report thereon, law such that the reconciliation legislation SELECT COMMITTEE ON INTELLIGENCE.—In if the provisions of such measure have the reported pursuant to such directives would clause 11(a)(1) of rule X, strike ‘‘22’’ and in- net effect of increasing mandatory spending cause an increase in net direct spending (as sert ‘‘20’’ and strike ‘‘13’’ and insert ‘‘12’’. such term is defined in clause 10) for the pe- for the period of either— (12) RESTORING THE TERM LIMIT RULE FOR riod covered by such concurrent resolu- ‘‘(A) the current year, the budget year, and COMMITTEE CHAIRS.—In clause 5 of rule X, re- tion.’’. the four fiscal years following that budget designate paragraph (c) as subparagraph (e) OTHER CHANGES TO HOUSE OPER- year; or (c)(1) and add the following new subpara- ATIONS.— ‘‘(B) the current year, the budget year, and graph: (1) TWO-MINUTE VOTING.—In clause 6 of rule the nine fiscal years following that budget XVIII— ‘‘(2) Except in the case of the Committee year. (A) in paragraph (f), strike ‘‘five minutes’’ on Rules, a member of a standing committee ‘‘(2) For the purpose of this clause, the and insert ‘‘not less than two minutes’’; and may not serve as chair of the same standing terms ‘budget year’ and ‘current year’ have (B) in paragraph (g), strike ‘‘five minutes’’ committee, or of the same subcommittee of the meanings specified in section 250 of the and insert ‘‘not less than two minutes’’. a standing committee, during more than Balanced Budget and Emergency Deficit (2) USE OF ELECTRONIC DEVICES ON THE three consecutive Congresses (disregarding Control Act of 1985, and the term ‘mandatory FLOOR.—In clause 5 of rule XVII, amend the for this purpose any service for less than a spending’ has the meaning of ‘direct spend- penultimate sentence to read as follows: ‘‘A full session in a Congress).’’. ing’ specified in such section 250 except that person on the floor of the House may not (13) COMMITTEE ACTIVITY REPORTS.—In such term shall also include provisions in ap- smoke or use a mobile electronic device that clause 1 of rule XI, amend paragraph (d) to propriation Acts that make outyear modi- impairs decorum.’’. read as follows: fications to substantive law as described in (3) UPDATING RULES GOVERNING THE ‘‘(d)(1) Not later than the 30th day after section 3(4)(C) of the Statutory Pay-As-You- MEDIA.— June 1 and December 1, a committee shall Go Act of 2010. (A) In clause 2 of rule VI, strike the penul- submit to the House a semiannual report on ‘‘(b) If a bill or joint resolution, or an timate sentence, and amend the last sen- the activities of that committee. amendment thereto, is considered pursuant tence to read as follows: ‘‘The Speaker may ‘‘(2) Such report shall include— to a special order of the House directing the admit to the floor, under such regulations as ‘‘(A) separate sections summarizing the Clerk to add as new matter at the end of the Speaker may prescribe, not more than legislative and oversight activities of that such bill or joint resolution the entire text one representative of each press associa- committee under this rule and rule X during of a separate measure or measures as passed tion.’’. the applicable period; by the House, the new matter proposed to be (B) In clause 3 of rule VI, strike the last ‘‘(B) in the case of the first such report, a added shall be included in the evaluation sentence and insert ‘‘The Speaker may admit summary of the oversight plans submitted under paragraph (a) of the bill, joint resolu- to the floor, under such regulations as the by the committee under clause 2(d) of rule X; tion, or amendment. Speaker may prescribe, not more than one ‘‘(C) a summary of the actions taken and ‘‘(c)(1) Except as provided in subparagraph representative of each media outlet.’’. recommendations made with respect to the (2), the evaluation under paragraph (a) shall (C) In clause 4(f)(7) of rule XI, strike the oversight plans specified in subdivision (B); exclude a provision expressly designated as first sentence. ‘‘(D) a summary of any additional over- an emergency for the Statutory Pay-As-You- (4) VOTING BY DELEGATES AND THE RESIDENT sight activities undertaken by that com- Go Act of 2010, in the case of a point of order COMMISSIONER IN THE COMMITTEE OF THE mittee and any recommendations made or under this clause against consideration of— WHOLE.— actions taken thereon; and ‘‘(A) a bill or joint resolution; (A) In clause 3(a) of rule III, strike the first ‘‘(E) a delineation of any hearings held ‘‘(B) an amendment made in order as origi- sentence. pursuant to clauses 2(n), (o), or (p) of this nal text by a special order of business; (B) In rule XVIII— rule. ‘‘(C) a conference report; or (i) in clause 1, strike ‘‘, Delegate, or the ‘‘(3) After an adjournment sine die of a reg- ‘‘(D) an amendment between the Houses. Resident Commissioner’’; and ular session of a Congress, or after December ‘‘(2) In the case of an amendment (other (ii) in clause 6, strike paragraph (h). 15, whichever occurs first, the chair of a than one specified in subparagraph (1)) to a (5) MOTIONS TO STRIKE IN THE COMMITTEE OF committee may file the second or fourth bill or joint resolution, the evaluation under THE WHOLE.—In rule XVIII, strike clause 11 semiannual report described in subparagraph paragraph (a) shall give no cognizance to any (and redesignate the succeeding clause ac- (1) with the Clerk at any time and without designation of emergency.’’. cordingly). approval of the committee, provided that— (2) REQUIRING A VOTE ON RAISING THE DEBT (6) CLARIFYING JURISDICTION OVER CERTAIN ‘‘(A) a copy of the report has been avail- LIMIT.—Rule XXVIII is amended to read as CEMETERIES.—In clause 1(c) of rule X, add the able to each member of the committee for at follows: following subparagraph: least seven calendar days; and ‘‘RULE XXVIII ‘‘(16) Cemeteries administered by the De- ‘‘(B) the report includes any supplemental, ‘‘(RESERVED.)’’. partment of Defense.’’. minority, or additional views submitted by a member of the committee.’’. (3) CLARIFYING THE ROLE OF THE CHAIR OF (7) DESIGNATING COMMITTEE ON EDUCATION (14) MODIFYING STAFF DEPOSITION AUTHOR- THE COMMITTEE ON THE BUDGET.—In rule AND THE WORKFORCE.—In rule X— XXIX, add the following new clause: (A) in clause 1(e), strike ‘‘Committee on ITY.—In clause 4(c)(3)(B) of rule X— ‘‘4. Authoritative guidance from the Com- Education and Labor’’ and insert ‘‘Com- (A) in item (i), strike ‘‘and’’; mittee on the Budget concerning the impact mittee on Education and the Workforce’’; (B) in item (ii), strike the period and insert of a legislative proposition on the levels of and ‘‘; and’’; and new budget authority, outlays, direct spend- (B) in clause 3(d), strike ‘‘Committee on (C) add at the end the following new item: ing, new entitlement authority and revenues Education and Labor’’ and insert ‘‘Com- ‘‘(iii) shall, unless waived by the deponent, may be provided by the chair of the com- mittee on Education and the Workforce’’. require the attendance of a member of the mittee.’’. (8) DESIGNATING COMMITTEE ON ETHICS.— committee.’’. (4) HIGHWAY FUNDING.—In rule XXI— (A) In the standing rules, strike ‘‘Com- (f) TECHNICAL AND CLARIFYING CHANGES.— (A) amend clause 3 to read as follows: mittee on Standards of Official Conduct’’ (1) In clause 3(a) of rule III, strike ‘‘of the ‘‘3. It shall not be in order to consider a each place it appears and insert (in each in- House’’. general appropriation bill or joint resolu- stance) ‘‘Committee on Ethics’’. (2) In rule IV— tion, or conference report thereon, that— (B) In clause 1 of rule X, insert paragraph (A) in clause 1, strike ‘‘The Speaker may ‘‘(a) provides spending authority derived (q) after paragraph (f) (and redesignate the not entertain a motion for the suspension of from receipts deposited in the Highway succeeding paragraphs accordingly). this clause.’’; and Trust Fund (excluding any transfers from (C) In the standing rules, strike ‘‘clause (B) in clause 2(b), after ‘‘clause’’ insert ‘‘or the General Fund of the Treasury); or 1(j)(1) of rule X’’ each place it appears and in- clauses 1, 3, 4, or 5’’. ‘‘(b) reduces or otherwise limits the accru- sert (in each instance) ‘‘clause 1(k)(1) of rule (3) In clause 3(o)(2) of rule XI, after ‘‘inves- ing balances of the Highway Trust Fund, X’’. tigation’’ insert ‘‘when’’.

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(4) In clause 7 of rule XII, strike ‘‘primary (b) BUDGET ENFORCEMENT.— (1) IN GENERAL.—In the House, notwith- sponsor’’ each place it appears and insert (in (1) The chair of the Committee on the standing section 302(a)(1) of the Congres- each instance) ‘‘sponsor’’. Budget (when elected) shall include in the sional Budget Act of 1974, section 13301 of the (5) In clause 6(c) of rule XIII, strike ‘‘Sen- Congressional Record budget aggregates and Budget Enforcement Act of 1990, and section ate bill or resolution’’ and insert ‘‘Senate allocations contemplated by section 301 of 4001 of the Omnibus Budget Reconciliation bill or joint resolution’’. the Congressional Budget Act of 1974 and al- Act of 1989, the joint explanatory statement (6) In clause 2(c) of rule XV— locations contemplated by section 302(a) of accompanying the conference report on any (A) strike ‘‘Clerk shall make signatures’’ that Act for fiscal year 2011, and the period concurrent resolution on the budget shall in- and insert ‘‘Clerk shall make the signato- of fiscal years 2011 through 2015. clude in its allocation under section 302(a) of ries’’; and (2) The aggregates and allocations speci- the Congressional Budget Act of 1974 to the (B) strike ‘‘published with the signatures’’ fied in subsection (1) shall be considered as Committee on Appropriations amounts for and insert ‘‘published with the signatories’’. contained in a concurrent resolution on the the discretionary administrative expenses of (7) In clause 6(c) of rule XXIII, strike ‘‘a budget for fiscal year 2011 and the submis- the Social Security Administration and of campaign accounts’’ and insert ‘‘a campaign sion thereof into the Congressional Record the Postal Service. account’’. shall be considered as the completion of con- (2) SPECIAL RULE.—For purposes of apply- (8) In clause 13 of rule XXIII, strike ‘‘Clerk gressional action on a concurrent resolution ing section 302(f) of the Congressional Budget shall make signatures’’ and insert ‘‘Clerk on the budget for fiscal year 2011. Act of 1974, estimates of the level of total shall make the signatories’’. (c) EMERGENCIES AND CONTINGENCIES.— new budget authority and total outlays pro- SEC. 3. SEPARATE ORDERS. (1) EMERGENCIES.—Until adoption of a con- vided by a measure shall include any off- (a) BUDGET MATTERS.— current resolution on the budget for fiscal budget discretionary amounts. (1) During the One Hundred Twelfth Con- year 2012, if a bill or joint resolution is re- (g) LIMITATION ON LONG-TERM SPENDING.— gress, references in section 306 of the Con- ported, or amendment thereto is offered or a (1) It shall not be in order to consider a bill gressional Budget Act of 1974 to a resolution conference report thereon is filed, that pro- or joint resolution reported by a committee shall be construed in the House of Represent- vides new budget authority and outlays or (other than the Committee on Appropria- atives as references to a joint resolution. reduces revenue, and such provision is des- tions), or an amendment thereto or a con- (2) During the One Hundred Twelfth Con- ignated as an emergency pursuant to this ference report thereon, if the provisions of gress, in the case of a reported bill or joint section, the chair of the Committee on the such measure have the net effect of increas- resolution considered pursuant to a special Budget shall not count the budgetary effects ing mandatory spending in excess of order of business, a point of order under sec- of such provision for purposes of titles III $5,000,000,000 for any period described in para- tion 303 of the Congressional Budget Act of and IV of the Congressional Budget Act of graph (2). 1974 shall be determined on the basis of the 1974 and the Rules of the House of Represent- (2)(A) The applicable periods for purposes text made in order as an original bill or joint atives. of this clause are any of the first four con- resolution for the purpose of amendment or (2) EXEMPTION OF CONTINGENCY OPERATIONS secutive 10-fiscal-year periods beginning with the first fiscal year following the last to the text on which the previous question is RELATED TO THE GLOBAL WAR ON TERRORISM.— ordered directly to passage, as the case may For any bill or joint resolution, or amend- fiscal year for which the applicable concur- be. ment thereto or conference report thereon, rent resolution on the budget sets forth ap- (3) During the One Hundred Twelfth Con- that makes appropriations for fiscal year propriate budgetary levels. gress, a provision in a bill or joint resolu- 2011 for contingency operations directly re- (B) In this paragraph, the applicable con- tion, or in an amendment thereto or a con- lated to the global war on terrorism, then current resolution on the budget is the one most recently adopted before the date on ference report thereon, that establishes pro- the new budget authority or outlays result- which a committee first reported the bill or spectively for a Federal office or position a ing therefrom shall not count for purposes of joint resolution described in paragraph (a). specified or minimum level of compensation titles III or IV of the Congressional Budget to be funded by annual discretionary appro- (h) EXEMPTIONS.— Act of 1974. (1) Until the adoption of the concurrent priations shall not be considered as pro- (d) DEFICIT-NEUTRAL REVENUE RESERVE.— resolution on the budget for fiscal year 2012, viding new entitlement authority within the Until the adoption of a concurrent resolution the chair of the Committee on the Budget meaning of the Congressional Budget Act of on the budget for fiscal year 2012, if any bill may adjust an estimate under clause 4 of 1974. reported by the Committee on Ways and (4)(A) During the One Hundred Twelfth Means, or amendment thereto or conference rule XXIX to— Congress, except as provided in subparagraph report thereon, decreases revenue, the chair (A) exempt the budgetary effects of meas- (C), a motion that the Committee of the of the Committee on the Budget may adjust ures extending the Economic Growth and Whole rise and report a bill to the House the allocations, the revenue levels, and other Relief Reconciliation Act of 2001; shall not be in order if the bill, as amended, aggregates referred to in subsection (b)(1), (B) exempt the budgetary effects of meas- exceeds an applicable allocation of new budg- provided that such measure would not in- ures extending the Jobs and Growth Tax Re- et authority under section 302(b) of the Con- crease the deficit over the period of fiscal lief Reconciliation Act of 2003; gressional Budget Act of 1974, as estimated years 2011 through 2021. (C) exempt the budgetary effects of meas- by the Committee on the Budget. (e) LIMITATION ON ADVANCE APPROPRIA- ures— (B) If a point of order under subparagraph TIONS.— (i) repealing the Patient Protection and (A) is sustained, the Chair shall put the ques- (1) Except as provided by paragraph (2), and title I and subtitle tion: ‘‘Shall the Committee of the Whole rise any general appropriation bill or joint reso- B of title II of the Health Care and Edu- and report the bill to the House with such lution continuing appropriations, or amend- cation Affordability Reconciliation Act of amendments as may have been adopted not- ment thereto or conference report thereon, 2010; withstanding that the bill exceeds its alloca- may not provide advance appropriations. (ii) reforming the Patient Protection and tion of new budget authority under section (2) Advance appropriations may be pro- Affordable Care Act and the Health Care and 302(b) of the Congressional Budget Act of vided— Education Affordability Reconciliation Act 1974?’’. Such question shall be debatable for (A) for fiscal year 2012 for programs, of 2010; or 10 minutes equally divided and controlled by projects, activities, or accounts identified in (iii) reforming the Patient Protection and a proponent of the question and an opponent the Congressional Record under the heading Affordable Care Act and the Health Care and but shall be decided without intervening mo- ‘‘Accounts Identified for Advance Appropria- Education Affordability Reconciliation Act tion. tions’’ in an aggregate amount not to exceed of 2010 and the payment rates and related pa- (C) Subparagraph (A) shall not apply— $28,852,000,000 in new budget authority, and rameters in accordance with section 1848 of (i) to a motion offered under clause 2(d) of for 2013, an aggregate amount not to exceed the Social Security Act; rule XXI; or $28,852,000,000 for accounts separately identi- (D) exempt the budgetary effects of meas- (ii) after disposition of a question under fied under the same heading; and ures that adjust the Alternative Minimum subparagraph (B) on a given bill. (B) for the Department of Veterans Affairs Tax exemption amounts to prevent a larger (D) If a question under subparagraph (B) is for the Medical Services, Medical Support number of taxpayers as compared with tax decided in the negative, no further amend- and Compliance, and Medical Facilities ac- year 2008 from being subject to the Alter- ment shall be in order except— counts of the Veterans Health Administra- native Minimum Tax or of allowing the use (i) one proper amendment, which shall be tion. of nonrefundable personal credits against the debatable for 10 minutes equally divided and (3) In this subsection, the term ‘‘advance Alternative Minimum Tax, or both as appli- controlled by the proponent and an oppo- appropriation’’ means any new discretionary cable; nent, shall not be subject to amendment, and budget authority provided in a general ap- (E) exempt the budgetary effects of extend- shall not be subject to a demand for division propriation bill or any new discretionary ing the estate, gift, and generation-skipping of the question in the House or in the Com- budget authority provided in a joint resolu- transfer tax provisions of title III of the Tax mittee of the Whole; and tion making continuing appropriations for Relief, Unemployment Insurance Reauthor- (ii) pro forma amendments, if offered by fiscal year 2011 that first becomes available ization, and Job Creation Act of 2010; the chair or ranking minority member of the for a fiscal year after fiscal 2011. (F) exempt the budgetary effects of meas- Committee on Appropriations or their des- (f) COMPLIANCE WITH SECTION 13301 OF THE ures providing a 20 percent deduction in in- ignees, for the purpose of debate. BUDGET ENFORCEMENT OF ACT OF 1990.— come to small businesses; and

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(G) exempt the budgetary effects of meas- (l) EXERCISE FACILITIES FOR FORMER MEM- SEC. 5. ADDITIONAL ORDERS OF BUSINESS. ures implementing trade agreements. BERS.—During the One Hundred Twelfth Con- (a) READING OF THE CONSTITUTION.—The (2) A measure may only qualify for an ex- gress— Speaker may recognize a Member for the emption under subsection (h)(1)(C)(ii) or (iii) (1) The House of Representatives may not reading of the Constitution on the legislative if it does not— provide access to any exercise facility which day of January 6, 2011. (A) increase the deficit over the period of is made available exclusively to Members (b) PROVIDING FOR CONSIDERATION OF CER- fiscal years 2011 through 2021; or and former Members, officers and former of- TAIN MOTIONS TO SUSPEND THE RULES.—It (B) increase revenues over the period of fis- ficers of the House of Representatives, and shall be in order at any time on the legisla- cal years 2011 through 2021, other than by— their spouses to any former Member, former tive day of January 6, 2011, for the Speaker (i) repealing or modifying the individual officer, or spouse who is a lobbyist registered to entertain motions to suspend the rules re- mandate (codified as section 5000A of the In- under the Lobbying Disclosure Act of 1995 or lated to reducing the costs of operation of ternal Revenue Code of 1986); or any successor statute or agent of a foreign the House of Representatives, except that (ii) modifying the subsidies to purchase principal as defined in clause 5 of rule XXV. notwithstanding clause 1(c) of rule XV such health insurance (codified as section 36B of For purposes of this section, the term ‘‘Mem- motion shall be debatable for two hours, the Internal Revenue Code of 1986). ber’’ includes a Delegate or Resident Com- equally divided and controlled by the pro- missioner to the Congress. ponent and an opponent. (i) DETERMINATIONS FOR PAYGO ACTS.—In (2) The Committee on House Administra- determining the budgetary effects of any leg- Mr. CANTOR (during the reading). tion shall promulgate regulations to carry islation for the purposes of complying with out this subsection. Mr. Speaker, I ask unanimous consent the Statutory Pay-As-You-Go Act of 2010 (in- (m) NUMBERING OF BILLS.—In the One Hun- that the resolution be considered as cluding the required designation in PAYGO dred Twelfth Congress, the first 10 numbers read and printed in the RECORD. Acts), the chair of the Committee on the for bills (H.R. 1 through H.R. 10) shall be re- The SPEAKER pro tempore. Is there Budget may make adjustments to take into served for assignment by the Speaker and objection to the request of the gen- account the exemptions and adjustments set the second 10 numbers for bills (H.R. 11 forth in subsection (h). tleman from Virginia? through H.R. 20) shall be reserved for assign- There was no objection. (j) SPENDING REDUCTION AMENDMENTS IN ment by the Minority Leader. APPROPRIATIONS BILLS.— (n) TRANSITION RULE.—Pending the des- MOTION TO REFER (1) During the reading of a general appro- ignation of a location by the Committee on Ms. NORTON. Mr. Speaker, I rise to priation bill for amendment in the Com- House Administration pursuant to clause 3 offer a motion that is at the desk. mittee of the Whole House on the state of of rule XXIX, documents may be made pub- The SPEAKER pro tempore. The the Union, it shall be in order to consider en licly available in electronic form at the fol- lowing locations: Clerk will report the motion. bloc amendments proposing only to transfer The Clerk read as follows: appropriations from an object or objects in (1) with respect to consideration by the the bill to a spending reduction account. House, the majority website of the Com- Ms. Norton moves to refer the resolution When considered en bloc under this clause, mittee on Rules; and to a select committee of five members, to be such amendments may amend portions of the (2) with respect to consideration by a com- appointed by the Speaker, not more than bill not yet read for amendment (following mittee, the majority website of the com- three of whom shall be from the same polit- disposition of any points of order against mittee. ical party, with instructions not to report such portions) and are not subject to a de- SEC. 4. COMMITTEES, COMMISSIONS, AND HOUSE back the same until it has conducted a full mand for division of the question in the OFFICES. and complete study of, and made a deter- (a) HOUSE DEMOCRACY PARTNERSHIP.— House or in the Committee of the Whole. mination on, the constitutionality of the House Resolution 24, One Hundred Tenth (2) Except as provided in paragraph (1), it provision that would be eliminated from the Congress, shall apply in the One Hundred shall not be in order to consider an amend- Rules that granted voting rights in the Com- Twelfth Congress in the same manner as ment to a spending reduction account in the mittee of the Whole to the Delegates from such resolution applied in the One Hundred the District of Columbia, American Samoa, House or in the Committee of the Whole Tenth Congress except that the commission House on the state of the Union. Guam, the Virgin Islands and the Northern concerned shall be known as the House De- Mariana Islands and the Resident Commis- (3) It shall not be in order to consider an mocracy Partnership. amendment to a general appropriation bill sioner from Puerto Rico, including the deci- (b) TOM LANTOS HUMAN RIGHTS COMMIS- sion of the United States Court of Appeals proposing a net increase in budget authority SION.—Sections 1 through 7 of House Resolu- in the bill (unless considered en bloc with an- for the District of Columbia in Michel v. An- tion 1451, One Hundred Tenth Congress, shall derson (14 F.3d 623 (D.C. Cir. 1994)), which other amendment or amendments proposing apply in the One Hundred Twelfth Congress upheld the constitutionality of these voting an equal or greater decrease in such budget in the same manner as such provisions ap- rights. authority pursuant to clause 2(f) of rule plied in the One Hundred Tenth Congress, ex- XXI). cept that— MOTION TO TABLE (4) A point of order under clause 2(b) of (1) the Tom Lantos Human Rights Com- Mr. CANTOR. Mr. Speaker, I offer a rule XXI shall not apply to a spending reduc- mission may, in addition to collaborating motion. tion account. closely with other professional staff mem- The SPEAKER pro tempore. The (5) A general appropriation bill may not be bers of the Committee on Foreign Affairs, Clerk will report the motion. considered in the Committee of the Whole collaborate closely with professional staff The Clerk read as follows: House on the state of the Union unless it in- members of other relevant committees; and cludes a spending reduction account as the (2) the resources of the Committee on For- Mr. Cantor moves to lay on the table the last section of the bill. An order to report a eign Affairs which the Commission may use motion to refer. general appropriation bill to the House shall shall include all resources which the Com- The SPEAKER pro tempore. The constitute authority for the chair of the mittee is authorized to obtain from other of- question is on the motion to table. Committee on Appropriations to add such a fices of the House of Representatives. The question was taken; and the section to the bill or modify the figure con- (c) OFFICE OF CONGRESSIONAL ETHICS.—Sec- tained therein. tion 1 of House Resolution 895, One Hundred Speaker pro tempore announced that (6) For purposes of this subsection, the Tenth Congress, shall apply in the One Hun- the ayes appeared to have it. term ‘‘spending reduction account’’ means dred Twelfth Congress in the same manner Ms. NORTON. Mr. Speaker, on that I an account in a general appropriation bill as such provision applied in the One Hundred demand the yeas and nays. that bears that caption and contains only a Tenth Congress, except that the Office of The yeas and nays were ordered. recitation of the amount by which an appli- Congressional Ethics shall be treated as a The vote was taken by electronic de- cable allocation of new budget authority standing committee of the House for pur- poses of section 202(I) of the Legislative Re- vice, and there were—yeas 223, nays under section 302(b) of the Congressional 188, not voting 20, as follows: Budget Act of 1974 exceeds the amount of organization Act of 1946 (2 U.S.C. 72a(i)) and new budget authority proposed by the bill. references to the Committee on Standards of [Roll No. 3] Official Conduct shall be construed as ref- YEAS—223 (k) CERTAIN SUBCOMMITTEES.—Notwith- erences to the Committee on Ethics. standing clause 5(d) of rule X, during the One (d) EMPANELING INVESTIGATIVE SUB- Adams Benishek Brooks Aderholt Biggert Broun (GA) Hundred Twelfth Congress— COMMITTEE OF THE COMMITTEE ON ETHICS.— (1) the Committee on Armed Services may Akin Bilbray Buchanan The text of House Resolution 451, One Hun- Alexander Bilirakis Bucshon have not more than seven subcommittees; dred Tenth Congress, shall apply in the One Amash Bishop (UT) Burgess (2) the Committee on Foreign Affairs may Hundred Twelfth Congress in the same man- Austria Black Burton (IN) have not more than seven subcommittees; ner as such provision applied in the One Hun- Bachmann Blackburn Calvert and dred Tenth Congress, except that references Bachus Bonner Camp (3) the Committee on Transportation and to the Committee on Standards of Official Bartlett Bono Mack Campbell Infrastructure may have not more than six Conduct shall be construed as references to Barton (TX) Boustany Canseco subcommittees. the Committee on Ethics. Bass (NH) Brady (TX) Cantor

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 5, 2011 CONGRESSIONAL RECORD — HOUSE H11 Capito Hunter Pompeo Lewis (GA) Pastor (AZ) Serrano against a government that failed to de- Carter Hurt Posey Lipinski Payne Sewell liver results. Cassidy Issa Price (GA) Loebsack Pelosi Sherman Chabot Jenkins Quayle Lofgren, Zoe Perlmutter Shuler Government for too long has oper- Chaffetz Johnson (IL) Reed Lowey Peters Sires ated under the flawed assumption that Coble Johnson (OH) Rehberg Luja´ n Peterson Slaughter growing bigger and controlling more is Coffman (CO) Johnson, Sam Reichert Lynch Pingree (ME) Smith (WA) necessarily better. Consequently, Cole Jones Renacci Maloney Polis Speier Conaway Jordan Ribble Markey Price (NC) Stark Washington has grown inefficient, Cravaack King (IA) Rigell Matheson Quigley Sutton unfocused and wasteful. Spending has Matsui Rahall Crenshaw King (NY) Rivera Thompson (CA) McCarthy (NY) Rangel gone progressively higher while results Culberson Kingston Roby Thompson (MS) Davis (KY) Kline Roe (TN) McCollum Reyes for all Americans have not been real- Tierney Dent Labrador Rogers (AL) McDermott Richardson Tonko ized. DesJarlais Lamborn Rogers (KY) McGovern Richmond Towns Our new majority stands for a dif- Diaz-Balart Lance Rogers (MI) McIntyre Ross (AR) Dold Landry Rohrabacher McNerney Rothman (NJ) Tsongas ferent and better way. We believe in a Dreier Lankford Rokita Meeks Roybal-Allard Van Hollen government that controls less and Vela´ zquez Duffy Latham Rooney Michaud Ruppersberger spends less but accomplishes more. We Duncan (TN) LaTourette Ros-Lehtinen Miller (NC) Rush Visclosky Emerson Latta Roskam Miller, George Ryan (OH) Walz (MN) believe in a smarter government, a Farenthold Lee (NY) Ross (FL) Moore Sa´ nchez, Linda Wasserman more efficient government, a more fo- Flake Lewis (CA) Royce Moran T. Schultz cused government. The new House ma- Waters Fleischmann LoBiondo Runyan Murphy (CT) Sanchez, Loretta jority will be about ‘‘cut and grow.’’ Fleming Long Ryan (WI) Nadler Sarbanes Watt Flores Lucas Scalise Napolitano Schakowsky Waxman We are going to cut spending and job- Forbes Luetkemeyer Schilling Neal Schiff Weiner killing government regulations, and Fortenberry Lummis Schmidt Olver Schrader Welch grow the economy and private-sector Foxx Lungren, Daniel Schock Owens Schwartz Woolsey Franks (AZ) E. Schweikert Pallone Scott (VA) Wu jobs. Frelinghuysen Mack Scott (SC) Pascrell Scott, David Yarmuth Madam Speaker, each day, we will Gallegly Manzullo Scott, Austin hold ourselves accountable by asking Gardner Marchant Sensenbrenner NOT VOTING—20 Garrett Marino Shimkus Barletta Edwards McCotter the following questions: Gerlach McCarthy (CA) Shuster Berg Ellmers Nunes Are our efforts addressing job cre- Gibbs McCaul Simpson Buerkle Fincher Walberg ation and the economy? Are they cut- Gibson McClintock Smith (NE) Cicilline Harris Webster ting spending? Are they shrinking the Gingrey (GA) McHenry Smith (NJ) Crawford Kelly Westmoreland size of the Federal Government while Gohmert McKeon Smith (TX) Denham Kinzinger (IL) Wilson (FL) Goodlatte McKinley Southerland Duncan (SC) Langevin protecting and expanding individual Gosar McMorris Stearns liberty? If not, why are we doing it? Gowdy Rodgers Stivers b 1511 This rules package reflects these pri- Granger Meehan Stutzman Messrs. LEVIN, BRADY of Pennsyl- Graves (GA) Mica Sullivan orities. vania, HINOJOSA, ALTMIRE, Graves (MO) Miller (FL) Terry We establish a Constitution-focused Griffin (AR) Miller (MI) Thompson (PA) CARDOZA, and Mrs. MALONEY House of Representatives, which starts Griffith (VA) Miller, Gary Thornberry changed their vote from ‘‘yea’’ to by reading the Constitution of the Grimm Mulvaney Tiberi ‘‘nay.’’ Guinta Murphy (PA) Tipton United States on the House floor and Mr. JONES, Mrs. MYRICK, Mrs. Guthrie Myrick Turner requiring that every bill be accom- Hall Neugebauer Upton BACHMANN, and Ms. HAYWORTH panied by a statement of constitu- Hanna Noem Walden changed their vote from ‘‘nay’’ to Harper Nugent Walsh (IL) tional authority. ‘‘yea.’’ Hartzler Nunnelee West We make in order our first spending Hastings (WA) Olson Whitfield So the motion was agreed to. Hayworth Palazzo Wilson (SC) The result of the vote was announced cut—a reduction of at least 5 percent Heck Paul Wittman to Congress’ own budget, including Heller Paulsen Wolf as above recorded. A motion to reconsider was laid on Members, leadership, and committees. Hensarling Pearce Womack We replace PAYGO with ‘‘cut as you Herger Pence Woodall the table. Herrera Beutler Petri Yoder Stated for: go’’ to ensure that all spending in- Huelskamp Pitts Young (AK) Mrs. ELLMERS. Mr. Speaker, on rollcall No. creases are offset by spending cuts else- Huizenga (MI) Platts Young (FL) where in the budget. And on all appro- Hultgren Poe (TX) Young (IN) 3, had I been present, I would have voted ‘‘yea.’’ priations bills, Members can now offer NAYS—188 Ms. BUERKLE. Mr. Speaker, on rollcall No. spending reduction amendments, which Ackerman Cohen Green, Gene 3, I was unavoidably detained. Had I been will help ensure that savings actually Altmire Connolly (VA) Grijalva present, I would have voted ‘‘yea.’’ go toward cutting the deficit rather Andrews Conyers Gutierrez than being spent elsewhere. Baca Cooper Hanabusa The SPEAKER pro tempore (Mrs. Baldwin Costa Harman EMERSON). The gentleman from Vir- In this spirit, over the coming weeks, Barrow Costello Hastings (FL) ginia is recognized for 1 hour. we will pass a repeal of last year’s Bass (CA) Courtney Heinrich Mr. CANTOR. Madam Speaker, I health care bill to remove the strain on Becerra Critz Higgins job creators. We will cut spending in Berkley Crowley Himes yield the hour to the gentleman from Berman Cuellar Hinchey California (Mr. DREIER), and I ask the current fiscal year back down to Bishop (GA) Cummings Hinojosa unanimous consent that he be per- 2008 pre-bailout levels, and we will Bishop (NY) Davis (CA) Hirono identify and eliminate job-killing regu- Blumenauer Davis (IL) Holden mitted to control that time. Boren DeGette Holt The SPEAKER pro tempore. Without lations that are impeding capital for- Boswell DeLauro Honda objection, the gentleman from Cali- mation in America. Brady (PA) Deutch Hoyer fornia is recognized for 1 hour. Madam Speaker, these actions will Braley (IA) Dicks Inslee send a credible signal to families, busi- Brown (FL) Dingell Israel There was no objection. Butterfield Doggett Jackson (IL) Mr. DREIER. Madam Speaker, for nesses, and financial markets that we Capps Donnelly (IN) Jackson Lee the purposes of debate only, I yield the are dead serious about getting spending Capuano Doyle (TX) customary 30 minutes to the gentle- under control and regaining our com- Cardoza Ellison Johnson (GA) Carnahan Engel Johnson, E. B. woman from Rochester, New York (Ms. petitive footing in America. Carney Eshoo Kaptur SLAUGHTER). Our majority will return America to Carson (IN) Farr Keating Pending that, I yield 1 minute to the prosperity by promoting a culture of Castor (FL) Fattah Kildee Chandler Filner Kind distinguished majority leader. success. Our mission is not to redis- Chu Frank (MA) Kissell Mr. CANTOR. I thank the gentleman. tribute wealth or tell people how to Clarke (MI) Fudge Kucinich Madam Speaker, it is a great honor live their lives, but instead to lift peo- Clarke (NY) Garamendi Larsen (WA) to call up the rules package for the ple up by giving them opportunity and Clay Giffords Larson (CT) Cleaver Gonzalez Lee (CA) 112th Congress. Two months ago, voters encouraging them to take responsi- Clyburn Green, Al Levin sent a clear message of repudiation bility.

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H12 CONGRESSIONAL RECORD — HOUSE January 5, 2011 By passing this rules package, we and adopted the mentality of former is tax cuts—despite all the talk about deficit will take a significant step in the right Vice President Dick Cheney, who re- reduction and economic growth. But here’s direction. It will put us on the road to sponded to the 2002 midterm elections some more: weaning America off its dependence on by advocating in favor of more than $1 On Dec. 22, just before they left town for the holidays, House Republican leaders re- debt and government programs as an trillion in tax cuts. ‘‘Reagan proved leased new budget rules that they intend to economic lifeline, and it will help us that deficits don’t matter. We won the adopt when they assume the majority in build a new, more hopeful future rooted midterm elections. This is our due,’’ January and will set the stage for even more in limited government, long-term in- said the Vice President. The other side budget-busting tax cuts. vestment, innovation, and entrepre- now wants to adopt the posture of First, some background: Under pay-as-you- neurship. budget cutters, but when it gets right go rules adopted by Democratic majorities in Ms. SLAUGHTER. I am pleased to down to it, they want to be able to the House and Senate in 2007, tax cuts or in- say this morning that I am delighted make sweetheart deals without having creases in entitlement spending must be off- set by tax increases or entitlement cuts. En- to be here. to pay for them. I want to give my congratulations to titlements include big health programs like Nor is their sleight of hand or hypo- Medicare and Medicaid, for which spending is Mr. DREIER on reclaiming the Rules critical actions an isolated event. It on autopilot, as well as some other programs seat, and we are very keen on our side was less than a month ago that Repub- for veterans and low-income Americans. to make our case before you today. licans successfully held unemployment (Discretionary spending, which includes de- Madam Speaker, actually, my head is benefits for Americans hostage until fense, is approved separately by Congress an- somewhat spinning because, not 20 they got their wish—more Bush-era tax nually.) minutes ago, the new Speaker of the cuts for the people making more than The new Republican rules will gut pay-as- House of Representatives stood where $1 million a year. That package added you-go because they require offsets only for you are and said he was going to be lis- another $140 billion to the deficit, but entitlement increases, not for tax cuts. In ef- tening to people, but the first order of fect, the new rules will codify the Republican that didn’t seem to bother them either, fantasy that tax cuts do not deepen the def- business before the House came from obviously, as they have told the world icit. the delegates whom this rule disenfran- it is their number one priority. It gets worse. The new rules mandate that chises—not only the delegate of the b 1520 entitlement-spending increases be offset by District of Columbia but all of the Ter- spending cuts only—and actually bar the ritories. They didn’t get to say a word. Just this week, Republican new House from raising to pay for such So my head is somewhat spinning at Members ushered in the new Congress spending. this point, and we hope to try to at with a $2,500 a plate fundraiser at the Say, for example, that lawmakers want to least give them unanimous consent so W Hotel in downtown Washington. Lob- bolster child credits for families at or near the minimum wage. One way to help pay for that they can try to get some message byists, political action committee members, and other exclusive guests the aid would be to close the tax loophole into the RECORD. that lets the nation’s wealthiest private eq- It is again part of the rhetoric from were treated to a night of drinks and uity partners pay tax at close to the lowest the last campaign that keeps spinning entertainment by country singer rate in the code. That long overdue reform in our heads: All we want to do, they LeAnn Rimes. Those who donated would raise an estimated $25 billion over 10 said, is to bring down the deficit. We’re $50,000 were treated to a VIP suite at years, but the new rules will forbid being going over a cliff, and we’ve got to the W, along with the rest of the sensible like that. bring down the deficit. night’s entertainment. Even worse, they direct the leader of the As we stand here today, on the brink Last month, the incoming chairman House Budget Committee to ignore several of a new session of Congress, the con- of the House Financial Services Com- costs when computing the budget impact of cern about deficits has disappeared mittee offered his own assessment of future actions, as if the costs are the natural Republican oversight. He told the Bir- course of politics for which no payment is re- from everything but the press releases. quired. Under the new majority rules, the mingham News in Alabama, ‘‘In Wash- For example, the cost to make the Bush- other side will essentially gut ington, the view is that the banks are era tax cuts permanent would be ignored, as PAYGO—the pay-as-you-go rules to be regulated, and my view is that would the fiscal effects of repealing the adopted by Democrat majorities in the Washington and the regulators are health reform law. At the same time, the House and Senate in 2007 under which there to serve the banks.’’ new rules bar the renewal of aid for low-in- tax cuts or increases in entitlement And according to Politico, the incom- come working families—extended tempo- spending must be offset by tax in- ing chairman of the House Oversight rarily in the recent tax-cut deal—unless it is and Government Reform Committee is fully paid for. creases or entitlement cuts. Under House Republicans obviously believe they President Clinton, it gave us the big- looking for ways to make government have a good thing going with voters by sanc- gest surplus we have ever had. It was a more responsive to Wall Street and tifying tax cuts and demonizing spending. hallmark of Democrat leadership, and their corporate allies like Big Oil, Big That’s been their approach for 30 years after we are proud of it. We adhered to re- Pharma, and Big Health. all, and it unfailingly rallies their base. sponsible spending levels and afford- Instead of all this business as usual— The challenge for President Obama and able tax cuts, and we took sensible and we are headed right back into Democratic lawmakers is not to get drawn steps towards controlling the deficit. where we were before 2006—what I’d into that warped mind-set. They need to But not today. like to see is an honest attempt to cre- present an alternative, including invest- Their talk about belt-tightening and ate a set of rules that provide for open- ments—in energy, technology, infrastructure and education. They also need a plan for deficit reduction is going to be thrown ness, transparency, and good govern- long-term deficit reduction that recognizes out the window so that they can free ment. This set of rules is not that doc- what the Republicans ignore: Never-ending themselves to hand out even more tax ument. And I hope that the other side— tax cuts make the deficit worse. Prudent tax credits to their friends, the corpora- and I believe they have good inten- increases need to be part of the solution. tions. Under these proposed rules, tions—will join us in supporting this NEW PAY-GO RULES REVEAL GOP’S notes , tax cuts effort. MISPLACED PRIORITIES for the wealthiest are fully protected, DEFICIT HYPOCRISY [From the Washington Post, Jan. 3, 2011] but tax help for those at the other end [From , Dec. 29, 2010] Are House Republicans serious about deal- of the income spectrum? Forget about It was not long ago that Republicans suc- ing with the deficit? You could listen to it. ceeded in holding unemployment benefits their rhetoric—or you could read the rules Obviously, The New York Times, The hostage to a renewal of the high-end Bush- they are poised to adopt at the start of the Washington Post and other respected era income tax cuts and—as a little bonus— new Congress. The former promises a new news organizations have cried foul at won deep estate tax cuts for America’s fiscal sobriety. The latter suggests that the this sleight of hand. In recent days, wealthiest heirs. Those cuts will add nearly new GOP majority is determined to continue the spree of unaffordable tax-cutting. editorials have appeared slamming this $140 billion to the deficit in the near term, while doing far less to prod the economy The ominous signs come in the wording of hypocrisy and phony attempt at fiscal than if the money had been spent more wise- the new majority’s version of its pay-as-you- austerity. ly. go rules, which normally require that new What seems crystal clear to me is That should have been evidence enough programs or tax initiatives be covered with that the other side has doubled down that the Republican Party’s one real priority cuts to other programs or new revenue. In

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 5, 2011 CONGRESSIONAL RECORD — HOUSE H13 the GOP concept, pay-as-you-go applies only were the sponsor. Finally, the provision also graph (6) requires that the text of any adopt- to spending programs. When it comes to tax repeals the current requirement for a similar ed amendment be made similarly available, cuts, it’s all go, no pay. Taxes can be cut, statement in committee reports. along with the text of the measure being and the national debt increased, without any When a Member introduces a bill or joint marked up, within 24 hours of commence- offsetting savings. resolution, the Clerk must ensure that a ment of the markup or adoption of the If you thought the sticker shock of the lat- statement required under this paragraph ac- amendment. est tax deal served as a useful reminder that companies the measure. However, the Clerk Subparagraph (7) requires the posting of tax cuts cost the Treasury money, think is not required to evaluate the content of the non-governmental witness ‘‘truth-in-testi- again. Deficit financing is fine, it seems, statement or its adequacy; those are matters mony’’ information (with appropriate when it comes to tax cuts. But that’s not all. to be considered by Members during consid- redactions, such as a home address or phone Under the new rules, not only are tax cuts eration of the legislation. number, to protect the privacy of the wit- exempted from the pay-go concept, but the Three-Day Availability for Unreported Bills. ness). Subparagraph (8) requires public avail- only way to pay for spending increases is This provision adds a new clause to rule ability in electronic form of the committee with spending cuts elsewhere. No tax in- XXIX establishing a point of order against rules. creases allowed—not even in the form of consideration of a bill or joint resolution Subparagraph (9) requires each Committee, eliminating loopholes or cutting back on tax that has not been available for three cal- to the maximum extent practicable, to pro- breaks. Of course, if you wanted to expand endar days. This provision mirrors existing vide audio and video coverage of each com- the loopholes, no problem. No need to pay for layover rules prohibiting consideration of mittee hearing or meeting and maintain re- that. bills reported by a committee or conference cordings that are easily accessible to the Having made clear that no tax cuts need be reports. public. This subparagraph is not intended to paid for, the rules then take the extra step of Transparency for House and Committee Oper- require audio and video coverage in situa- specifying which deficit-busting tax cuts the ations. Subparagraph (i) directs the Com- tions where it would be technically impracti- new majority has in mind. They assume the mittee on House Administration to establish cable, such as where a hearing or meeting is continuation of all the Bush tax cuts; exten- and maintain standards for documents made held in a room without audio and video broadcast equipment, or create a defect with sion of the new version of the estate tax; and available in electronic form by the House a hearing or meeting if a webcast or record- the creation of a big tax break to let ‘‘small and its committees. Subparagraph (2) pro- ing is not available due to technical issues. businesses,’’ which can be expansively de- vides that a measure or matter will have been considered as having been ‘‘available’’ Subparagraph (10) strikes an exception, fined, take a deduction equal to 20 percent of adopted in the 110th Congress, for the Com- their gross income. within the meaning of the rules if it was pub- licly available in electronic form at a loca- mittee on Rules to accurately report its Tax cuts for the wealthiest are fully pro- votes in committee reports to accompany a tected. But tax help for those at the other tion designated by the Committee on House Administration. rule, joint rule, or a special order of busi- end of the income spectrum? Forget it. The ness. expansion of the Earned Income Tax Credit The intention of these provisions is to en- sure that Members and the public have easy Subparagraph (11) amends clause 2(d)(1) of and the Child Tax Credit, programs that help rule X to require committees, during devel- keep low-income working parents and chil- access to bills, resolutions, and amendments considered in committee and by the House. opment of their oversight plan, to include dren out of poverty, are not assumed to con- proposals to cut or eliminate mandatory and tinue and would have to be paid for—with, of The standard for electronic documents is in- tended to evolve over time. While the stand- discretionary programs that are inefficient, course, spending cuts. This is about as up- duplicative, outdated, or more appropriately side-down a set of priorities as can be imag- ard may initially include more static for- mats such as a searchable PDF, the inten- administered by State or local governments. ined. Initiatives to Reduce Spending and Improve tion is to eventually transition to more Accountability. Subparagraph (d)(i) replaces I reserve the balance of my time. flexible structured data formats, such as the current ‘‘pay-as-you-go’’ requirements Mr. DREIER. Madam Speaker, con- XML, as the tools become available to ease with a ‘‘cut-as-you-go’’ requirement. The the creation and ensure the integrity of gratulations. It’s very nice to see you provision prohibits consideration of a bill, House documents. With respect to avail- in the chair. joint resolution, conference report, or ability, the provision is intended to place I would like to insert a section-by- amendment that has the net effect of in- section analysis of the resolution to electronic distribution on par with tradi- creasing mandatory spending within a five- tional printing; rather than entirely replace appear at this point in the RECORD. year or ten-year budget window. This provi- it. Finally, the rule contemplates a singular sion continues the current practice of count- SECTION 1. RESOLVED CLAUSE. location that will direct Members and the ing multiple measures considered pursuant This section provides that the Rules of the public to the text of measures to be consid- to a special order of business which directs l12th Congress are the Rules of the 112th ered by the House and its committees. the Clerk to engross the measures together Subparagraph (3) amends clause 2(g)(3) of Congress, except with the amendments con- after passage for purposes of compliance rule XI to provide for a minimum notice pe- tained in section 2 of the resolution, and or- with the rule and provides a mechanism for ders contained in sections 3, 4, and 5. riod of 3 days for a committee meeting. This addressing ‘‘emergency’’ designations. joins the current requirement for 7 days no- SECTION 2. CHANGES TO THE STANDING RULES. Subparagraph (2) strikes the ‘‘Gephardt tice for a committee hearing. The provision rule’’ that provides for the automatic en- Citing Authority under the Constitution. maintains the current ability of the Chair, grossment and transmittal to the Senate of Paragraph (a) creates a new clause 7 in rule with the concurrence of the ranking minor- a joint resolution changing the public debt XII providing that a Member may not intro- ity member, to waive both notice periods if limit, upon the adoption by Congress of the duce a bill or joint resolution unless the they find good cause to start the hearing or budget resolution, thereby avoiding a sepa- sponsor also submits a statement citing as meeting sooner. The provision can also be rate vote in the House on the public debt- specifically as practicable the power or pow- waived by a majority vote of the committee. limit legislation. Subparagraph (3) adds a ers under the Constitution authorizing the Subparagraph (4) requires that the chair of new clause to rule XXIX that clarifies that enactment of that bill or joint resolution. the committee make the text of the measure the chair of the Committee on the Budget, The statement will appear in a separate sec- or matter being marked up publicly avail- rather than the entire committee, is author- tion in the Congressional Record and be able in electronic form at least 24 hours prior ized to provide guidance to the presiding of- made available to the public in electronic to commencement of the meeting. This pro- ficer on the budgetary impact of legislative form. vision is intended to ensure that members proposals. This change reflects the current While the rule requires that a Member sub- have the text of the measure or matter in practice under majorities of both parties. mit the statement at the same time as the sufficient time to review the measure and Subparagraph (4) modifies clause 3 of rule bill is introduced, there is nothing in the draft any amendments. Accordingly, if the XXI, pertaining to transportation obligation rule to prevent the sponsor of the bill from committee is considering a committee print, limitations, to protect the balances of the submitting an additional statement later in or the Chair of a committee intends to use Highway Trust Fund by establishing a point the process if he or she wants to revise the an amendment in the nature of a substitute of order against consideration of any general initial statement. With regard to electronic as the base text for purposes of further appropriation bill or joint resolution, or ac- availability, appearance in the electronic amendment, circulation of that text will sat- companying conference report, that provides version of the Congressional Record will ini- isfy this requirement. While the rule re- spending authority from balances in the tially satisfy the electronic availability re- quires that the text be circulated at least 24 trust fund (other than those from transfers quirement of this paragraph. However, ulti- hours in advance of the meeting, that text from the General Fund of the Treasury) or mate the intention is that the Clerk will should be circulated as early as possible to reduces or limits the accruing balances of make the statements available in a search- provide members the maximum amount of that trust fund for anything other than ac- able, sortable, and downloadable database as time to review the measure or matter and tivities authorized for the highway or mass soon as practicable. draft any desired amendments. transit programs. With respect to Senate bills, the provision Subparagraph (5) requires that the chair of Subparagraph (5) modifies clause 7 of rule authorizes the chair of a committee of juris- a committee make the results of any record XXI, which places restrictions on reconcili- diction, prior to consideration of the Senate vote publicly available in electronic form ation directives contained in a budget reso- bill, to submit a statement as if the chair within 48 hours of the vote, while subpara- lution. The new modification would specify

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H14 CONGRESSIONAL RECORD — HOUSE January 5, 2011 that it would not be in order to consider a Subparagraph (5) strikes clause 11 of rule Budget Enforcement. Subsections (b)(1) and budget resolution or amendments thereto, or XVIII, which allows a motion to strike a pro- (2) require the chair of the Committee on the a conference thereon which would have the vision from a bill that is asserted to be an Budget to submit for printing in the Con- effect of increasing net direct spending. unfunded mandate, even if the amendment gressional Record budget aggregates and al- Other Changes to House Operations. Para- would not otherwise be in order during con- locations contemplated by section 301 (Con- graph (e)(1) provides the Chair of the Com- sideration of the bill. tent of the Concurrent Resolution on the mittee of the Whole with authority to em- Subparagraph (6) clarifies the Armed Serv- Budget) for 2011, and 2011 through 2015. Publi- ploy two minute voting during a series of ices Committee jurisdiction over Depart- cation of these aggregates and allocations votes. ment of Defense administered cemeteries. will be considered to be the adoption of a Subparagraph (2) changes the current rule The jurisdiction of the Committee on Vet- concurrent resolution on the budget for fis- regarding electronic devices, which prohibits erans’ Affairs with respect to cemeteries for cal year 2011. This provision is intended to the use of mobile phones and personal com- veterans remains unchanged. give the Chair of the Committee on the puters on the floor, to prohibit the use of any Subparagraphs (7) through (9) change, re- Budget authority to set aggregates and allo- mobile electronic device that is disruptive of spectively, the name of the Committee on cations to complete the unfinished fiscal the decorum. This change will give the Education and Labor to the Committee on year 2011 budget resolution cycle, taking Speaker greater latitude in deciding which Education and the Workforce, the Com- into account the latest CBO baseline, includ- mobile electronic devices may or may not be mittee on Standards of Official Conduct to ing its 5-year projections. used by Members on the floor. the Committee on Ethics, and the Com- Emergencies and Contingencies. Subpara- For historical purposes, it is important to mittee on Science and Technology to the graphs (c)(1) and (2) provide for exemptions note that the use of electronic devices in the Committee on Science, Space, and Tech- for designated emergencies and the continu- chamber of the U.S. House of Representa- nology. Subparagraph (10) eliminates the Se- ation of contingency operations related to tives is governed by the rules of the House. lect Oversight Panel of the Committee on the Global War on Terror. In the 111th Congress, the fourth sentence of Appropriations. Deficit-Neutral Revenue Reserve. Paragraph clause 5 of rule XVII read as follows: ‘‘A per- Subparagraph (11) reduces the size of the (d) allows the Budget Committee to make son may not smoke or use a wireless tele- Permanent Select Committee on Intelligence appropriate budget adjustments prior to the phone or personal computer on the floor of from a total of 22 members (13 from the ma- adoption of a budget resolution to account the House.’’ jority party) to 20 members (12 from the ma- for the repeal or modification of the Patient The House first adopted a rule prohibiting jority party). The next subparagraph re- Protection and Affordable Care Act and the the use of ‘‘personal, electronic office equip- stores the term limit rules for committee Health Care and Education Affordability Reconciliation Act of 2010. ment (including cellular phones and com- chairs to the same state it existed in the Limitation on Advanced Appropriations. Sub- puters)’’ on the floor in 1995. The rule was 109th Congress. paragraphs (e)(1) through (3) restrict the specifically changed in 2003 to prohibit the Subparagraph (13) increases the frequency ability to provide advanced appropriations use of ‘‘a wireless telephone or personal com- of committee activity reports from once per puter,’’ thereby tacitly permitting a by establishing an aggregate spending ceil- congress to four times per congress. This ing. smartphone (e.g., a BlackBerry) to be used provision is intended to provide the House on the floor. Compliance with Section 13301 of the Budget with more frequent updates regarding the Enforcement Act of 1990. Paragraph (f) pro- No formal ruling has been made by the oversight and legislative activities of the Speaker on whether an electronic-tablet de- vides temporary budget enforcement for committees. matters related to certain off budget trust vice (e.g., an iPad) might constitute a ‘‘per- Subparagraph (14) modifies existing staff sonal computer’’ within the meaning of the funds. deposition authority for the Committee on Limitation on Long-term Spending. Subpara- version of the rule in 111th Congress. Mem- Oversight and Government Reform by re- graphs (g)(1) and (2) prohibit the consider- bers of the House have used them on the quiring the committee to adopt a rule re- ation of measure which increase mandatory floor, both informally and even while under quiring that a member of the committee be spending above $5,000,000,000 for any 10 year recognition, without reprimand. The Parlia- present at any deposition conducted by a window within a 40 year period. mentarian has informally advised that they staff member. The deponent is permitted to Exemptions. Subparagraphs (h)(1) through may be used unobtrusively pending review of waive this requirement. (7) authorize the Budget Committee Chair, the broader questions their proliferation Technical and Clarifying Changes. These prior to the adoption of a budget resolution, might engender. Wi-Fi service has not been provisions correct a host of typographic and to exempt from estimates the budgetary ef- enabled in the chamber of the House. How- other simple errors. Subparagraph (1) cor- fects of the Economic Growth and Tax Relief ever, like many smartphones, some elec- rects a typographic error, and subparagraph Reconciliation Act of 2001 and the Jobs and tronic-tablet devices have wireless-data ca- (2) corrects an errant reference to simple res- Growth Tax Relief Reconciliation Act of pability that enables internet access in the olutions. The next subparagraph corrects an 2003. It also exempts the budgetary effects of chamber. unintentional narrowing of the cir- the repeal of the Patient Protection and Af- As the popularity of electronic-tablet de- cumstances regarding the Speaker’s regula- fordable Care Act and Education Afford- vices increases, the House has observed how tion of access to the floor, and the following ability Reconciliation Act of 2010. The budg- Members use them and their effect on deco- provision corrects another word that was in- etary effects of AMT relief, estate tax, trade rum and has evaluated whether the use of advertently removed during the recodifica- agreements and small business tax relief are electronic-tablet devices poses either audible tion of the House rules in the 106th Congress. also exempted. The exemption is limited to or visual impairments to decorum in the Lastly, the provision eliminates unnecessary measures which do not increase the deficit or chamber. Unlike bulkier notebook and usage of ‘‘Members of the House’’ and makes revenues over the ten-year budget window, laptop computers, electronic-tablet devices clear that the Clerk does not have to disclose except for increases in revenue which meet can be used without obscuring the Member actual Member signatures, just their names, certain specific criteria. behind a screen or creating the visual of a when making a disclosure under clause 13 of Determinations for PAYGO Acts. Paragraph sea of screens across the chamber. In addi- rule XXIII. (i) allows the Chairman of the Budget Com- tion, these devices are implemented with si- mittee to take into account the exemptions SECTION 3. SEPARATE ORDERS. lent keyboards that limit audible disrup- provided under paragraph (h) for the purpose tions. Budget Matters. Subparagraphs (a)(i) of complying with Statutory PAYGO. The House has reconsidered the way it reg- through (3) clarify that section 306 of the Spending Reduction Amendments in Appro- ulates the use of such devices. Rather than Budget Act (prohibiting consideration of leg- priations Bills. Paragraph (j) requires that in continuing to address devices by category islation with the Budget Committee’s juris- each general appropriations bill there be a (e.g., ‘‘phones’’ or ‘‘computers’’), the current diction, unless reported by the Budget Com- ‘‘spending reduction’’ account, the contents rule will instead will address them by their mittee) only applies to bills and joint resolu- of which is a recitation of the amount by attributes (e.g., form-factor or character). tions and not to simple or concurrent resolu- which, through the amendment process, the The rule speaks generally of devices that are tions. It also makes a section 303 point of House has reduced spending in other portions disruptive of the decorum of the House and order (requiring adoption of budget resolu- of the bill and indicated that such savings leaves it to the Speaker to enunciate policies tion before consideration of budget-related should be counted towards spending reduc- to react to changes in technology. (This ap- legislation) applicable to text made in order tion. It provides that other amendments that proach already has been employed to extend as an original bill by a special rule. Specified propose to increase spending in accounts in a the prohibition on the use of wireless tele- or minimum levels of compensation for Fed- general appropriations bill must include an phones also to the wearing of wireless head- eral office will not be considered as pro- offset of equal or greater value. sets while in the chamber.) viding new entitlement authority. Certain Subcommittees. This section waives Subparagraph (3) updates the House rules Subparagraph (4) prevents the Committee clause 5(d) of Rule X to allow the Commit- governing the media to eliminate references of the Whole from rising to report a bill to tees on Armed Services and Foreign Affairs to specific media organizations. the House that exceeds an applicable alloca- up to seven subcommittees each, and the Subparagraph (4) ends the ability of dele- tion of new budget authority under section Committee on Transportation and Infra- gates and the Resident Commissioner to vote 302 (b) (Appropriations subcommittee alloca- structure up to six subcommittees. This is a in, and preside over, the Committee of the tions) as estimated by the Budget Com- standard provision carried in the rules pack- Whole House on the state of the Union. mittee and creates a point of order. age during the last several congresses.

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 5, 2011 CONGRESSIONAL RECORD — HOUSE H15 Exercise Facilities for Former Members. This As I said, Madam Speaker, this has, lation that pushes the Federal budget section continues the prohibition on access for the first time, ever been bipartisan. deficit and the problems down the road. to any exercise facility which is made avail- I don’t want to claim that my Demo- We will also be reforming the spend- able exclusively to Members, former Mem- ing process by replacing PAYGO with bers, officers and former officers of the cratic colleagues are supportive of this House and their spouses to any former mem- rules package, but I will say that when CutGo. Rather than pairing spending ber, former officer, or spouse who is a lob- we began the process, I’m happy that with tax increases, job-killing tax in- byist registered under the Lobbying Disclo- former Speaker PELOSI designated as creases, we will pair it with spending sure Act of 1995. liaisons to work with us through the cuts. It’s often been said that we don’t Numbering of Bills. This provision reserves transition process the distinguished have a revenue problem; we have a the first 10 numbers for bills (H.R. 1 through former chair of the Administration spending problem. These new rules will H.R. 10) for assignment by the Speaker and Committee, the gentleman from Penn- make it easier to reduce spending rath- the second 10 numbers (H.R. 11 through H.R. 20) for assignment by the Minority Leader. sylvania (Mr. BRADY), and the gen- er than increase it. In fact, the idea be- N hind this package is to focus on ways SECTION 4. COMMITTEES, COMMISSIONS, AND tleman from New Jersey (Mr. A - HOUSE OFFICES DREWS), and I want to express my ap- in which we can increase the oppor- Subparagraphs (a) and (b) reauthorize the preciation to them again for their hard tunity to reduce spending rather than House Democracy Partnership and the Tom work. increase it. Lantos Human Rights Commission. As we looked for ways to chart a new Now, Madam Speaker, we’re also tak- Subparagraph (c) reauthorizes the Office of course and reduce congressional waste, ing important steps to make us more Congressional Ethics for the 112th Congress. we knew that we had to consider good accountable to the American people, Subparagraph (d) continues House Resolu- ideas from both political parties, and the people whom we’re so honored to tion 451, 110th Congress, directing the Com- mittee on Standards of Official Conduct (now that’s why I’m happy to say we had represent. We won’t be voting on bills Ethics) to empanel investigative subcommit- input from both Democrats and Repub- unless they’ve been available for at tees within 30 days after the date a Member licans in fashioning this opening day least 3 calendar days. We will be re- is indicted or criminal charges are filed. rules package. Our Democratic liaisons turning much of the legislative work SECTION 5. ADDITIONAL ORDERS OF BUSINESS were tremendous partners, and again, I back to the committees where greater Reading of the Constitution. This paragraph express my appreciation to my Demo- transparency will be required. The allows the Speaker to recognize Members for cratic colleagues for joining with us in work product, the recorded votes, and the reading of the Constitution on the legis- this effort. the video archives of all committees lative day of January 6, 2011. Now, having completed our transi- are required by these rules to be posted Providing for Consideration of Certain Mo- tion work, we are now beginning a new online. No longer will massive legisla- tions to Suspend the Rules. This provision pro- Congress. Each of us faces the new be- vides that on January 6, 2011 the Speaker tion be written behind closed doors, re- may entertain motions to suspend the rules ginning with the knowledge that con- gardless of political party, and rammed related to reducing the costs of operation of gressional approval ratings are abys- through the House before anyone has the House and allow two hours of debate mally low. It’s rare that the Congress the chance to review or amend the equally divided and controlled by the pro- is held in high esteem by the American text. Our work will be done in an open ponent and an opponent. people—we all know that—but it is way that affords all Members the op- Mr. DREIER. Madam Speaker, I yield even rarer to have an approval rating portunity to participate and scrutinize. myself such time as I might consume. that is as low as it is right now. Another key reform by this rules (Mr. DREIER asked and was given Now, why is it that this body has be- package is the creation of an electronic permission to revise and extend his re- come so unpopular? The reason is that format for legislation. This represents marks.) the American people felt that they a dramatic change in how legislation is Mr. DREIER. As we’ve seen here were not being listened to. They have made available, not just to Members today, Madam Speaker, we are mark- sent us here to conduct the 112th Con- but to the public and the press as well. ing an important turning point in the gress differently than any Congress of Now, Madam Speaker, for the last two history of the United States House of the past. I’m not going to just talk centuries, legislation was considered Representatives. We have before us a about the last two Congresses, Madam available when a paper copy was package of reforms that will bring Speaker; I’m going to say that they dropped off in the document room greater transparency and account- sent us here this year to perform dif- across the street. Now it will be consid- ability to this House, and it will once ferently than any Congress of the past. ered available when anyone with access again give the American people the op- What’s more, they have given us, as to the Internet can look it up. portunity to participate in the legisla- Speaker BOEHNER likes to say, some This new format will evolve over tive process. They’ve made clear to us pretty simple and clear and direct time, and there’s work ahead that still that what their priorities are—job cre- marching orders when it comes to our has to be done as we implement these ation, economic growth, and a smaller, work: fulfill our constitutional duties rules changes, but no Member should more accountable Federal Govern- in an open and transparent way. consider this vote as the end of the re- ment—must be done. The reforms in- Now, Madam Speaker, this rules form efforts of this Congress. Again, cluded in the rules package are de- package that we have before us pro- what we’re doing here today is simply signed to ensure that those priorities vides us the tools to do just what the the first step in what is going to be a are met and that we are held respon- American people have asked: to per- one-year, 2-year process of reform. sible for our actions to do the people’s form our constitutional duties in a We will not be wed to the way we work. transparent and open way. Because our used to do things. Rather, we will be Madam Speaker, I want to thank highest priorities are job creation and looking for new and different ways to each and every one of my colleagues economic growth, we must rein in the do our jobs and to do them in the most who have worked tirelessly on this that has spiraled transparent and accountable way. And rules package. Never before in history out of control over the past several let me say again, Madam Speaker, it is has there been the kind of Member in- years. We’re taking several steps to very important for us to ensure that we volvement—bipartisan Member in- meet that goal. have the input of my friend from Roch- volvement—in an opening day rules For starters, we’re requiring that any ester (Ms. SLAUGHTER) and other Demo- package. I particularly want to thank new spending be offset for five 10-year crats, as well as Republicans, in this my good friends GREG WALDEN, who led budget windows. If a bill increases the process. our transition team, and ROB BISHOP, deficit by more than $5 billion in any of who led the rules reform effort, as well these 10-year windows, it will be sub- b 1530 as the other members of our transition jected to a point of order. In other Madam Speaker, this rules package working group. We had four new Mem- words, we’re changing the rules of the is a very significant first step. We have bers of Congress who right after the House to ensure that we look at short, learned the hard way that bad process election got involved in working on medium, as well as long-term con- inevitably results in bad outcomes. We this very, very important transition, sequences to Federal spending. We need look no further than our ailing and I want to express my appreciation. should not, and cannot, consider legis- economy and spiraling deficit, not to

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H16 CONGRESSIONAL RECORD — HOUSE January 5, 2011 mention Congress’ abysmal approval minutes to the gentleman from Au- stance where our votes affected the outcome. rating, to see that that is true. burn, Washington, Sheriff REICHERT, This rule was upheld by the federal courts and By reforming the rules of the House, our distinguished colleague and a did not impede the work of this House in any we set the stage for reforming the en- member of the Ways and Means Com- way. tire Federal Government. Ultimately, mittee. This simple privilege promoted responsible we ensure fidelity to the original rules Mr. REICHERT. I thank the gen- and transparent government. By obligating us document, that being the Constitution. tleman for yielding. to take public stands on issues of importance, And I am so pleased that tomorrow on Madam Speaker, I am excited to be it enabled our constituents to better evaluate the House floor, led by our friend from here today. And I thank my constitu- both our governing philosophy and the quality Virginia (Mr. GOODLATTE), we will be ents for the opportunity to once more of our representation. The privilege also sent having a bipartisan reading of the Con- serve them again as their Representa- a clear moral message—a message of inclu- stitution. tive here in the United States Capitol. siveness—conveying to our constituents that Madam Speaker, our Founders under- In the days ahead, Congress will de- their voices counted. stood better than anyone the impor- bate and pass proposals that will affect In a move that is as unnecessary as it is un- tance of restraining Federal power. I the health, the livelihood, and the well- just, the Republican package will deprive us of think that Thomas Jefferson put it being of every American citizen. this privilege, which may have been small in best when he said, ‘‘In questions of Today, as Mr. DREIER said, we are set- their eyes, but which held significant meaning power, let no more be heard of con- ting the tone now for how well we will for us and those we represent. The Repub- fidence in man, but bind him down serve them in this Congress. Our serv- lican package dishonors men and women from from mischief by the chains of the Con- ice should, first and foremost, be trans- the territories and the District of Columbia. stitution.’’ parent and be respectful, be inclusive, And in so doing, it does grave damage to the Now, Madam Speaker, in this Con- work together. principles of equality and justice that our con- gress, we will refocus our efforts on ful- So I am proud that legislation that I stituents, side by side with all of your constitu- filling our constitutional duties in a authored a couple of years ago is now ents, fight to defend here at home and in dis- transparent and responsible way. We included in this rules package that we tant lands. This is a true shame. will be reform-minded and account- are about to vote on today. My bill re- Ms. SLAUGHTER. I yield to the Del- ability-oriented, and we will be driven quires each of the 21 standing commit- egate from Guam, Delegate BORDALLO. by the number one concern of the tees in this House to post recorded (Ms. BORDALLO asked and was American people—getting our economy votes on their Web sites within 48 given permission to revise and extend back on track. Madam Speaker, form hours because Americans deserve to her remarks.) dictates function, and these new rules know how bills take shape at every Ms. BORDALLO. Mr. Speaker, I rise will set us on the path toward greater step along the way. They deserve easy in opposition to the resolution. economic growth and confidence for access to votes taken not just on the Mr. Speaker, the Republican rules package the American people. floor but also in the committee. makes this body less transparent and less re- With that, I urge support of this very Government transparency is essen- sponsive to the American people. By obli- important resolution and reserve the tial to a healthy democracy. By using gating the Delegates to take public stands, our balance of my time. Ms. SLAUGHTER. Madam Speaker, I existing committee Web sites, we can limited vote showed our constituents where we yield 1 minute to the gentlewoman offer this information in a fiscally re- stood on important issues. Our vote also from the District of Columbia (Ms. sponsible and easily accessible way. helped ensure legislation considered by the And I am pleased that my work was in- House took our constituents into account. NORTON) who, as I said, is disenfran- chised by this rule. Millions of Ameri- cluded in this bill. When an amendment came forward last Con- cans will be underrepresented. Ms. SLAUGHTER. Mr. Speaker, for gress regarding the transfer of detainees from Ms. NORTON. I thank the gentlelady the purpose of a unanimous consent re- Guantanamo into the U.S., the territories were from New York for yielding. quest, I yield to the gentleman from initially excluded from the prohibition. Our vote Madam Speaker, for myself and for Puerto Rico (Mr. PIERLUISI). compelled the House to address our concerns. the Delegates from American Samoa, (Mr. PIERLUISI asked and was given This is precisely how representative democ- Guam, the U.S. Virgin Islands, the permission to revise and extend his re- racy is meant to work. Northern Mariana Islands, the resident marks.) Ms. SLAUGHTER. I yield to the Del- commissioner of Puerto Rico, I offered Mr. PIERLUISI. Mr. Speaker, I rise egate from the Virgin Islands, Dr. a motion earlier that the House con- in opposition to the resolution. CHRISTENSEN. duct a full and complete study of the Mr. Speaker, I rise in strong opposition to (Mrs. CHRISTENSEN asked and was constitutionality of the vote in the the Republican rules package, because it given permission to revise and extend Committee of the Whole for the Dele- sends a message of exclusion and indiffer- her remarks.) gates which is eliminated by this rule. ence to my constituents and those of my fel- Mr. Speaker, I rise in opposition to the This is nearly the same motion that low delegates from the other U.S. territories Rules Package which once again removes the the Republicans offered when we first and the District of Columbia. opportunity for Delegates to Congress and the were granted the right to vote on the As the Resident Commissioner from Puerto Resident Commissioner to vote on amend- House floor. The delegate vote was Rico, I represent nearly four million U.S. citi- ments in the Committee of the Whole. It was challenged by the Republicans in the zens, far more than any other member of this our privilege in the past two Congresses to courts and found to be constitutional, Chamber. Together, the delegates from the vote along with our colleagues on issues of however. other U.S. territories and the District of Colum- importance to all Americans, especially the Madam Speaker, this vote is a mere bia represent over one million people. Our over 4 million of us who live and work in the recognition of our American citizen- constituents are part of the American family. U.S. territories. ship. The Delegates are no different They pledge allegiance to the same flag as The people of the U.S. territories are a di- from others in this House. It is one their fellow Americans in the 50 states. They verse group, much like their fellow citizens on thing not to have the vote. It is quite fight—and many of them have died—in de- the mainland. Some are born in the territories another to be stripped of your vote. fense of our nation. under the American flag, some have migrated The vote is said to be symbolic by Under a rule in place for the last three there and embraced our culture and our val- some. Well, to us it is symbolic. It is Democratic-controlled Congresses, the Rep- ues before , others were born in symbolic of the American citizenship resentatives from the territories and the Dis- the states and have chosen by virtue of their of our constituents. It meant every- trict were given a single, extremely cir- chosen occupation or by love of our islands to thing to us. There are differences cumscribed privilege on the House floor. We make the territories their home. All are Ameri- among us, of course, but we ask you to were permitted to vote on amendments when cans in every sense of the word, except for think again about this vote and to re- the House resolved into the Committee of the full representation in the House of Represent- store the vote of the Delegates on the Whole, a parliamentary device designed to atives and the ability to vote for the President floor in the Committee of the Whole. allow greater participation by Members in de- of the United States. Mr. DREIER. Madam Speaker, at bate. The rule provided for an automatic Mr. Speaker, the people of the U.S. terri- this time I am very pleased to yield 2 revote to be held in the exceedingly rare in- tories have served their country in all of its

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 9920 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 5, 2011 CONGRESSIONAL RECORD — HOUSE H17 conflicts from the American Revolution to the years. He is survived by his wife and four the Resident Commissioner have made the recent conflicts in Iraq and Afghanistan. They young sons who now have to cope with the difference in the vote’s outcome. Provisions have given their youth, their time and even loss of their father. Like Americans in other contained in clause 6 of House Rule XVIII, as adopted in the 111th Congress (2009–2010), their lives for our country. We had hoped States, the love and loyalty my people feel for state that when the House is sitting as the through our participation to obtain the good the United States remains unchanged. Committee of the Whole House on the State will of all of our colleagues to ensure full par- It is disconcerting therefore that under the of the Union, the Delegates and Resident ticipation in the democratic process for all citi- new rules proposed for the 112th Congress, Commissioner have the same right to vote as zens of our country. The events of this week the Delegates are stripped of the power to Representatives, subject to immediate and have proved to us once more that we still vote in the Committee of the Whole. This is an automatic reconsideration in the House have a long way to go to ensure equality and affront to the tremendous sacrifice made by when their recorded votes ‘‘have been deci- justice for all. Americans in the Territories and further re- sive’’ in the committee. Rules related to the Ms. SLAUGHTER. I yield to the gen- stricted what modest representation they have votes of the Delegates and Resident Commis- sioner which were identical in effect were in tleman from American Samoa (Mr. in Congress. force in the 110th (2007–2008) and 103rd (1993– FALEOMAVAEGA). I urge my friends on the other side to re- 1994) Congresses. (Mr. FALEOMAVAEGA asked and verse course and reinstate the rule to allow RESULTS AND RESEARCH METHOD was given permission to revise and ex- the Delegates to vote in the Committee of the At your request, CRS conducted a search tend his remarks.) Whole. to identify first-degree amendments reported Mr. FALEOMAVAEGA. Mr. Speaker, CONGRESSIONAL RESEARCH SERVICE, from the Committee of the Whole which on behalf of the tens of thousands of December 29, 2010. were subject to a demand for a separate vote our men and women in military uni- To: House Subcommittee on Insular Affairs, in the House from the 103rd (1993–1994) form from the U.S. territories, I just Oceans and Wildlife, Attention: Jed Bul- through the 111th (2009–2010) Congress. These lock. ask my good friend, the Honorable amendments were identified by searching From: Christopher M. Davis, Analyst on Con- the universe of House amendments in the Speaker, restore our symbolic vote. gress and the Legislative Process. That’s all we are asking for. Legislative Information System of the U.S. Subject: Amendments Reported from the Com- Congress (LIS) using the term ‘‘separate Mr. Speaker, the proposed rules by the Re- mittee of the Whole Subject to a Demand for vote.’’ These results were cross-checked with publicans for the 112th Congress give unfair a Separate House Vote or Automatic House demands for a separate vote noted in indi- treatment to some 5 million Americans resid- Reconsideration: 103rd–111th Congress vidual issues of the Congressional Record ing in the U.S. territories. In particular, it elimi- This memorandum responds to your re- Daily Digest. nates the rule that allows the Delegates to quest for statistical information about CRS has also previously identified amend- amendments adopted in the Committee of vote when the House resolves into the Com- ments that were subject to automatic recon- the Whole House on the State of the Union sideration in the House pursuant to the mittee of the Whole, and that provides for an from 1993 to the present on which a demand automatic revote in the full House when such terms of clause 6 of House Rule XVIII, de- for a separate vote was subsequently made in scribed above. Table 1 presents the number vote is the deciding margin. the House of Representatives or which were of amendments falling into these two cat- The U.S. Court of Appeals has upheld the subject to automatic reconsideration in the egories over the period examined. Material Delegate vote on the basis that there is auto- House because the votes of the Delegates and identifying the specific amendments in ques- matic reconsideration of votes in the House the Resident Commissioner were decisive in tion is provided under separate cover. when the Delegate vote is decisive. Automatic the Committee. reconsideration preserves the House proper SEPARATE VOTES AND AUTOMATIC RE-VOTES IN TABLE 1—FIRST DEGREE AMENDMENTS REPORTED FROM as the sole arbiter for changes made in the THE HOUSE THE COMMITTEE OF THE WHOLE ON WHICH A DEMAND legislation that the House considers. Under the longstanding practice of the FOR A SEPARATE VOTE WAS MADE IN THE HOUSE OR During the three Congresses in which the House of Representatives, first degree WHICH WERE SUBJECT TO AUTOMATIC RECONSIDER- amendments adopted in the Committee of ATION PURSUANT TO CLAUSE 6 OF HOUSE RULE XVIII rule has been in place, the record shows that the Whole House of the State of the Union the Delegate vote in the Committee of the and reported to the House are not considered [103rd–111th Congress (1993–2010)] Whole has not in any way hindered the work finally adopted until agreed to by the House. Separate Votes De- of the House. From 1993 to 2010, the House The philosophy underlying this practice is Amendments Re- manded in the House on considered in the had a total of 132 separate votes demanded that the Committee of the Whole is only rec- First Degree Amend- Congress & Years ments Reported from House Pursuant to in the House on first degree amendments re- ommending amendments to the House; the Clause 6 of House the Committee of the Rule XVIII ported from the Committee of the Whole. In House proper is the sole arbiter of changes Whole the same period, only four such amendments made in the legislation it considers and, as such, must act to approve or disapprove the 103rd (1993–1994) ...... 70 3 were reconsidered as a result of the Dele- 104th (1995–1996) ...... 5 — recommendations made by the Committee. 105th (1997–1998) ...... 29 — gates being the deciding votes. this proves For this reason, when the Committee of 106th (1999–2000) ...... 5 — that the Delegates vote does not impede the the Whole rises and reports legislation to the 107th (2001–2002) ...... 1 — 108th (2003–2004) ...... 4 — work of the House. House, the House must vote on any first de- 109th (2005–2006) ...... 1 — While symbolic, the Delegate vote is impor- gree amendments included in measure as re- 110th (2007–2008) ...... 13 0 tant for transparency and political account- ported. In the vast majority of cases, the 111th (2009–2010) ...... 6 1 ability. It compels us, representatives of the House, by unanimous consent, acts to ap- Total ...... 132 4 U.S. Territories, to make public our views and prove all of the committee reported amend- ments en gros by voice vote, before quickly Source: CRS analysis of information from the Legislative Information Sys- positions on issues of national interest that are tem of the U.S. Congress and the Congressional Record Daily Digest. moving to the final parliamentary steps of Notes: Congresses in which Delegates and the Resident Commissioner important to our constituents. Hence, the con- considering a measure. It is the right of any were not permitted to vote in Committee of the Whole subject to an auto- stituents are able to make an informed deci- Member, however, to demand a separate vote matic reconsideration in the House are noted with a dash. sion to elect those that better represent their in the House on any first degree amendment I trust this information is responsive to views. reported from the Committee of the Whole, your needs. Above all, the Delegate vote underscores and Members sometimes avail themselves of [Congressional Research Service, Dec. 23, fairness and has moral implications for the in- this right. There may be various motivations 2010] for a Member demanding what is often essen- stitution and this great nation. As part of the PARLIAMENTARY RIGHTS OF THE DELEGATES tially a ‘‘re-vote’’ in the House on an amend- American family, a disproportionate number of AND RESIDENT COMMISSIONER FROM PUERTO ment which a majority of Members voted for RICO our sons and daughters are fighting in the only a short time earlier in the Committee (By Christopher M. Davis, Analyst on U.S. military in defense of the values and prin- of the Whole. These motivations include, but Congress and the Legislative Process) ciples upon which this country was founded. are not limited to, hoping to defeat an A statistical profile of Americans killed in the amendment unexpectedly agreed to by the SUMMARY war in iraq shows my district, the U.S. Terri- Committee and to force the House to expend As officers who represent territories and tory of American Samoa, has the highest rate time in taking recorded votes. properties possessed or administered by the of deaths per 1 million population in all of the As you know, there also exists in House United States but not admitted to statehood, rules a separate and unique parliamentary the five House Delegates and the Resident United States. Just last month, I attended the mechanism by which an amendment receiv- Commissioner from Puerto Rico are not funeral of another soldier from my district ing a vote in the Committee of the Whole is Members of Congress, and do not enjoy all killed in Iraq. Staff Sergeant Loleni Gandy, subject to immediate and automatic recon- the same parliamentary rights as Members. originally from American Samoa, was 36 years sideration in the House when it has been de- They may vote and otherwise act similarly old, and has served in the U.S. Army for 17 termined that the votes of the Delegates and to Members in legislative committee; may

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H18 CONGRESSIONAL RECORD — HOUSE January 5, 2011 not vote in the House, but may participate sioner to vote in, and to preside over, the There are two ways to create debt: in debate and make most motions there; and, Committee of the Whole. These provisions You can buy things and not pay for it, under the rules of the 111th Congress (2009– were stricken from the rules as adopted in or you can simply cut revenues and 2010), may preside over, and vote in, Com- the 104th Congress (1995–1996) and remained make yourself unable to pay for things. mittee of the Whole subject to an immediate out of effect until readopted in the 110th revote in the House if their votes are deci- Congress. At the time of the adoption of the Statutory PAYGO was designed to ac- sive. 1993 rule, then-Minority Leader Robert H. complish the objective of having us do A proposed rules change for the 112th Con- Michel and 12 other Representatives filed what is difficult to do—pay for what we gress (2011–2012) released by the House Re- suit against the Clerk of the House and the buy. If we are honest with one another, publican leadership in December of 2010 territorial delegates, seeking a declaration it doesn’t matter whether you want to would, if subsequently adopted by the House, that the rule was unconstitutional. The con- spend or simply cut revenues. If you eliminate the right of the Delegates and stitutionality of the rule was ultimately don’t do both—cut spending and either Resident Commissioner to vote in, or preside upheld on appeal based on its inclusion of maintain or cut revenues consistent over, the Committee of the Whole. the mechanism for automatic reconsider- with your cutting of spending—then This report will be updated as cir- ation of votes in the House. A draft of the cumstances warrant. proposed rules package for the 112th Con- you will inevitably create new debt. Now, all of you have heard about my INTRODUCTION gress (2011–2012) released by the House Re- three children, my three grandchildren, The offices of the Resident Commissioner publican leadership on December 23, 2010, from Puerto Rico and the Delegates to the would amend Rules III and XVIII to elimi- and my one great-granddaughter. House of Representatives from American nate the ability of the Delegates and the They, frankly, won’t care how the debt Samoa, the District of Columbia, Guam, the Resident Commissioner to vote in, or preside was created, whether it was created be- U.S. Virgin Islands, and the Commonwealth over, the Committee of the Whole. cause we cut revenues but didn’t cut of the Northern Mariana Islands are created The votes of the Delegates and the Resi- spending, which is what happened, of by statute, not by the Constitution. Because dent Commissioner were decisive, and thus course, in the 2000s, or what happened subject to automatic revote by the House, on they represent territories and associated ju- in the eighties, where we incurred tril- risdictions, not states, they are not Members three occasions in the 103rd Congress. There were no instances identified in the 110th Con- lions of dollars of additional debt. Dur- of Congress and do not possess the same par- ing the Clinton administration, we liamentary rights afforded Members. This re- gress in which the votes of the Delegates and port examines the parliamentary rights of the Resident Commissioner were decisive. In didn’t do that, and we restrained the Delegates and the Resident Commis- the 111th Congress, the votes of the delegates spending. Our Republican colleagues sioner in legislative committee, in the were decisive, and subject to an automatic were very helpful in doing that, obvi- House, and in the Committee of the Whole revote, on one occasion. ously, and we continued to pay for House on the State of the Union. The rule governing voting in the Com- what we bought. We created 4 years of mittee of the Whole by Delegates and the IN LEGISLATIVE COMMITTEE Resident Commissioner has not been inter- surplus. So I oppose this rule because Under Clause 3 of Rule III, the Delegates preted to mean that any recorded vote with of the trillions of dollars that it will and the Resident Commissioner are elected a difference of six votes or less is subject to authorize, be incurred in new debt. to serve on standing committees in the same automatic reconsideration. In determining Secondly, I oppose this rule, as do my manner as Representatives and have the whether the votes of the Delegates and the friends from the various territories, same parliamentary powers and privileges as Resident Commissioner were decisive, the from Puerto Rico, from the Virgin Is- Representatives there—the right to question Chair follows a ‘‘but for’’ test—namely, lands, the District of Columbia, and witnesses, to debate, offer amendments, would the result of a vote have been different vote, offer motions, raise points of order, in- the Pacific Islands. We talked about, if the Delegates and the Commissioner had during the course of the campaign, lis- clude additional views in committee reports, not voted? If the votes of the Delegates and accrue seniority, and chair committees and the Resident Commissioner on a question are tening to people. We have almost 5 mil- subcommittees. The same rule authorizes determined to be decisive by this standard, lion people who are American citizens. the Speaker to appoint Delegates and the the committee automatically rises and the How do we listen to them? We listen to Resident Commissioner to conference com- Speaker puts the question to a vote. The them when their Representatives put mittees as well as to service on select and vote is first put by voice, and any Represent- their green or red on the board. joint committees. ative may, with a sufficient second, obtain a I will be introducing a resolution to- IN THE HOUSE record vote. Once the final result of the vote morrow, which will be referred to the The Delegates and the Resident Commis- is announced, the Committee of the Whole Rules Committee, and I hope you will sioner may not vote in or preside over the automatically resumes its sitting. consider it. House. While they take an oath to uphold Ms. SLAUGHTER. I yield for the pur- The SPEAKER pro tempore (Mr. the Constitution, they are not included on pose of a unanimous consent request to LATHAM). The time of the gentleman the Clerk’s roll of Members-elect, and may the gentleman from the Northern Mar- not vote for Speaker. They may not file or from Maryland has expired. sign discharge petitions. They may, however, iana Islands (Mr. SABLAN). Ms. SLAUGHTER. I yield the gen- sponsor and cosponsor legislation, partici- (Mr. SABLAN asked and was given tleman 1 additional minute. pate in debate, including managing time, permission to revise and extend his re- Mr. HOYER. I thank the gentlelady. and offer any motion which a Representative marks.) I was telling my friend, the chairman may make, except the motion to reconsider. Mr. Speaker, the people of the Northern of the Rules Committee, congratula- A Delegate or Resident Commissioner may Mariana Islands are citizens of the United tions to him for his obtaining the raise points of order and questions of per- States. And the Constitution declares we are chairmanship. A thoughtful and hard- sonal privilege, call a Member to order, ap- ‘‘subject to the jurisdiction thereof.’’ working Member of this House will peal rulings of the chair, file reports for com- But today the majority’s Rules exclude us chair the Rules Committee. I am going mittees, object to the consideration of a bill, from even symbolic representation in our gov- and move impeachment proceedings. to be introducing an amendment to the ernment. rules that, my presumption is, we will IN COMMITTEE OF THE WHOLE HOUSE ON THE The Pledge to America declared the major- STATE OF THE UNION adopt today which will return this ity would fight those who whisper America’s symbol of respect, this symbol of inclu- Under Rule III and Rule XVIII, as adopted standing as the world leader of democracy is in the 111th Congress (2009–2010), when the sion, this symbol of colleagueship, if House is sitting as the Committee of the ending. you will, to our six representatives of Whole House on the State of the Union, the But today the majority breaks its own American citizens. Pledge with Rules that take away the vote Delegates and Resident Commissioner have b 1540 the same right to vote as Representatives, from 5 million Americans. subject to immediate reconsideration in the What a sad way to begin this new Con- I hope my friend will hold hearings House when their recorded votes ‘‘have been gress. on that. I would like to testify on that decisive’’ in the Committee. House rules also Ms. SLAUGHTER. I yield 2 minutes issue. authorize the Speaker to appoint a Delegate to the gentleman from Maryland (Mr. And I say to my friends that I hope or the Resident Commissioner to preside as HOYER), the minority whip. we reject these rules so that we can Chairman of the Committee of the Whole. Mr. HOYER. Mr. Speaker, I rise in correct both the trillions of dollars of The rules of the 111th Congress are iden- tical in effect to those in force in the 110th opposition to this rule not for small exposure that it creates and to ensure Congress (2007–2008) and before that, in the reasons of this rule or that rule but be- the inclusion, in a real and meaningful 103rd Congress (1993–1994), which permitted cause it authorizes trillions of dollars way, but not constitutionally objec- the Delegates and the Resident Commis- of new debt without paying for it. tionable way, our friends who represent

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 5, 2011 CONGRESSIONAL RECORD — HOUSE H19 the District of Columbia and our terri- FALEOMAVAEGA, said correctly, this is a previous question, Mr. VAN HOLLEN of tories. symbol. It is a symbol. And I think Maryland will offer an amendment to Mr. DREIER. Mr. Speaker, I yield that their membership and participa- restore fiscal discipline in the House. myself such time as I might consume, tion on committees is important, and I yield 4 minutes to the ranking and I would like to respond to some of there is a great deal of camaraderie member of the Budget Committee now, the comments made by my very good that does go on with our friends. so that he may explain his amendment. friend, the minority whip. But the fact is, when you have a Mr. VAN HOLLEN. Mr. Speaker, on On the issue of CutGo versus PAYGO, structure where the vote counts until this opening day of the new Congress I I think it’s important to note that in it doesn’t count and doesn’t count if it know that we all hope to work to- the bipartisan agreement that was put counts, it seems to me that that is not gether to tackle the major problems together just last month, supported by the proper route for us to take; and so that face our country. We heard that President Obama, there was an actual that’s the reason that this action has sentiment expressed by the outgoing embrace of the John F. Kennedy vision been taken. Speaker, NANCY PELOSI, and by the in- of recognizing that economic growth Mr. Speaker, I am happy to yield to coming Speaker, JOHN BOEHNER. That and an enhanced level of revenues to my very good friend, the distinguished is why the rules package, the plan put the Federal Treasury come about by minority whip. forth by the Republican majority not keeping marginal rates low. Mr. HOYER. I thank the chairman of less than 2 hours after those comments Now I will say, Mr. Speaker, that was the Rules Committee for yielding. were made, is so disappointing, because a bipartisan agreement; and so what I tell my friend, you and I have been after months on the campaign trail we’ve said is that as we look at grow- here some period of time. telling the American people that they ing the economy, we are very enthused Mr. DREIER. I’ve actually been here want to reduce deficits and the debt, at the fact that job creators are going a few months longer than my friend this rule opens the door to larger defi- to be able to have revenues focused on has. cits and a bigger national debt. It is a job creating, therefore enhancing the Mr. HOYER. Well, that’s true, so I’ll fiscally reckless blueprint, and the opportunity for more revenues coming be very respectful. American people deserve better. to the Federal Treasury. I’ve heard that argument that you Why do I say that? Second, I think it’s also very impor- just made made in 1981, in 1989, and Because this plan guts the existing tant for us to realize that the focus again in 2001. I tell my friend, my expe- pay-as-you-go rule that limits manda- does need to be on spending; and we be- rience has been that it hasn’t worked, tory spending and tax breaks that add lieve very passionately that, in the last and we have incurred substantial tril- to our deficits. 4 years since we’ve seen a 92 percent in- lions of dollars of debt pursuing the It also creates a mechanism to do an crease, a 92 percent increase, Mr. Rules Committee philosophy that is end run against the pay-as-you-go law Speaker, in nondefense discretionary represented in your rule. recently signed by President Obama spending, that we need to have a laser- On the other hand, a bill that you op- that will limit increases in our na- like focus on that. posed, and every member of your party tional debt. Now, Democrats and Republicans, opposed in 1993, which you say was pur- How does this proposal do that? Mr. Speaker, have come together to suing a job-killing policy, in fact cre- The rule and the laws we’ve been op- decry both the lack of jobs that exist ated more jobs than any other adminis- erating on say you can’t add to the def- in our economy, as well as deficit tration since you and I have served icit by adding new spending entitle- spending. There’s clear bipartisan here, some 22 million jobs and, addi- ments. This rule, properly, keeps that agreement on that. We all want to cre- tionally, balanced the budget. Did we restraint, as it should. ate more private sector jobs, and we all work together to do that? We did. But the rule being proposed, the plan want to see the deficit reduced. But I will tell you my experience and being proposed, also eliminates provi- Now, how is it, Mr. Speaker, that we yours has been that we did, in fact, bal- sions that says you can’t add to the deal with those two issues? ance the budget on the philosophy of deficit by creating special interest tax The single most important thing that statutory PAYGO. breaks. The proposal before us elimi- we can do to ensure that we address Mr. DREIER. Mr. Speaker, if I could nates that limitation. It says that the that is to ensure economic growth. And reclaim my time, I would say that I Congress will ignore the deficit impact so the notion behind PAYGO, which began by talking about a great Demo- of tax breaks whether they’re for hedge would, in fact, bring about, unfortu- cratic President, John F. Kennedy, who funds or for other special interests. nately, an increase in taxes that dra- used this model. And the notion of sim- Now, Mr. Speaker, every small busi- matically would stall this recovery— ply looking at 1981, 1989, and 2001 is not ness knows that there are two sides to and even Keynesian economists, those the simple basis for the argument that balancing the books: the costs incurred through the , —John Maynard I’m propounding. I’m beginning, if you by the business and the revenue the Keynes died in 1950—there are many look at modern history, with John F. business brings in. people who have followed his economic Kennedy as President of the United model, that being stimulating through States. b 1550 greater Federal spending. And I will also say that, in looking at This one-sided rule ignores half of Keynesian economists, Mr. Speaker, the 1993 bill, I am convinced, as I stand that equation. No small business could acknowledge that increasing taxes, here today, that if we had had simply operate and survive that way in the when you’re dealing with a difficult that tax increase and not put into United States and neither can the Fed- economy, in fact, undermines the po- place the measures that we did in 1994, eral Government. tential for economic growth. 1995, 1996 that focused on job creation Mr. Speaker, if we defeat the pre- Now, let me take the second issue and economic growth, reducing the top vious question, I plan to offer an that my friend mentioned, Mr. Speak- rate on capital gains and, in fact, amendment to the Republican plan er, and that issue has to do with the bringing about marginal rate reduc- that is very simple. It says that a question of our delegates. They’re all tion, we would not have enjoyed that measure may only qualify for an ex- friends of mine and I respect—I’ve vis- tremendous period of growth that we emption under this subsection if it does ited most of the territories, if not all, experienced through the decade of the not increase the deficit over the period and I will say that these are very dili- 1990s which, as we all know, was the of fiscal years 2011 through 2021 beyond gent, hardworking Members. time that the Republicans were, in the exemptions permitted under the But we all know what the bottom fact, in control here. current law of the land, under statu- line comes to here. The bottom line We’ve had a nice exchange. If I could tory PAYGO. And, at the appropriate comes down to that the vote here in reserve the balance of my time. I would moment, we will offer that. the Committee of the Whole counts love to hear further from my friend if Mr. ANDREWS. Will the gentleman until it doesn’t count, and it doesn’t Ms. SLAUGHTER would yield to him. yield? count if it counts. And that’s why I un- Ms. SLAUGHTER. Mr. Speaker, at Mr. VAN HOLLEN. I yield to the gen- derstand. And my friend, Mr. the end of this debate, if we defeat the tleman from New Jersey.

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H20 CONGRESSIONAL RECORD — HOUSE January 5, 2011 Mr. ANDREWS. I think the gen- give you an idea, and not once did we country deeper and deeper into debt. It tleman, Mr. Speaker, aptly points out, ask them what party they were reg- is the wrong thing to do. Vote ‘‘no.’’ the majority promised accountability istered or affiliated with. Just the Mr. DREIER. Madam Speaker, I am but they are delivering hypocrisy. power of the idea should win at the end happy to yield 2 minutes to the gen- They said that their number one goal of the day. tleman who led our effort to bring would be job creation. There is not a And do you know what they said? about reform of the rules and help put bill, not a word, not an idea about job They said a bill shouldn’t come to the this package together, my very good creation the first 2 weeks of the new floor but it should have 3 days so that friend, Mr. BISHOP, the gentleman from Congress. not only Members of Congress could Utah. They said they were running on re- read it but the American public. You Mr. BISHOP of Utah. Madam Speak- ducing the debt and the deficit. Well, know what? It’s in the rules. er, I appreciate the gentleman from as Mr. VAN HOLLEN very accurately They said you have a $1.3 trillion def- California recognizing me. points out, this rule says, We will re- icit and, for the first time since the Every time we talk about rules, I re- duce the deficit, except when we deal Budget Act of 1974 was passed, you alize for the majority of people, their with health care or tax cuts for the don’t even have a budget. So you eyes kind of glaze over. But every kid wealthy, in which case we’ll pretend it should make it harder to spend and who has spent time in an elementary doesn’t exist. We’ll pretend there is no easier to cut. Well, that’s what this yard realizes that the rules are impor- deficit when it comes to health care, rule package does. tant to the game. the largest Federal expenditure, at This rule package gives us an oppor- We are here, though, on this floor least one of the largest, and tax cuts tunity to do exactly what President doing the people’s business, and it is not a game, and the rules become sig- for the wealthy. Lincoln wanted, a House of the people, Then finally, hours ago, the majority for the people, by the people. And the nificant. And the rules are significant said: We’re going to cut $100 billion structure at the end of the day will because they are responsive to what from this year’s budget. And then they make it more open, more transparent, the people have said. People told us very clearly they are said, well, we didn’t really mean $100 and more accountable. That’s what the interested in jobs, they are interested billion. We’re going to cut something, people asked for, and that’s what we in spending. The rules package before were sent here to do. but we’ll tell you later what it is. us right now facilitates the growth of Americans who are concerned about Ms. SLAUGHTER. Mr. Speaker, I the former and helps in the limitation the debt and the deficit should be very yield 2 minutes to the gentleman from of the latter. concerned about the lack of account- Massachusetts, a member of the Rules True, PAYGO will be replaced in this ability they are seeing here today: A Committee, Mr. MCGOVERN. rule. PAYGO was the process that was rule that blows open the deficit, a pro- Mr. MCGOVERN. Well, Mr. Speaker, honored in its breach and suspension as cedure that ignores job creation, and a that didn’t take long. Our Republican often as its application, and it is re- $100 billion promise that just vanished friends have been in charge of the placed with CutGo, a process that ze- like the champagne bubbles at their House for about 1 hour, and already roes in on the real problem, which is fund raiser last night. they are up to their old discredited spending. And if indeed we suspend Mr. DREIER. Mr. Speaker, at this tricks. CutGo as frequently as PAYGO was time I am happy to yield 2 minutes to They promised the American people suspended, then it would be justified to our very distinguished new Republican that they were serious about deficit re- criticize us at that particular time. whip, my good friend and fellow Cali- duction. Apparently that promise was This rule says committees are impor- fornian, the gentleman from Bakers- for campaign purposes only, because tant. It’s not just a box you check to field, Mr. MCCARTHY. the Republicans’ rule package before us say you have done regular order. We Mr. MCCARTHY of California. Mr. today paves the way for a huge explo- have now provided for time for com- Speaker, I thank the new chairman of sion in our national debt to the tune of mittees to do their job. We have pro- the Rules, Mr. DREIER, for yielding. $5 trillion. That’s trillion with a ‘‘t’’. vided for pre-meeting requirements and We are debating the rules package. The new Republican majority is at- post-meeting requirements and ac- Why is it important to have a rules tempting to drag this country back to countability, and respect for the prod- package? Because structure dictates their supply-side fantasyland where uct of the committees will be here on behavior. deficits either don’t matter or could be the floor. For America, we know that, for far addressed by giving huge tax breaks to Once again, in this rule the Constitu- too long, the structure of this House the very, very wealthy. Back here in tion is now in vogue again, and the was dictating a behavior that the the real world their proposals would do bills coming to the floor will become American public did not care for nor real harm to real middle class families. readable so that you will never see did they want. They watched for too They want to slash funding for edu- again a multihundred-page amendment long bills written by a few come to the cation, for infrastructure, for invest- coming before this body in the wee floor where Members have not even ments and new technology, for medical hours of the morning of its actual de- read it, the public has not even been research, for job training. You name it. bate. able to see it, and a debate and a vote, If the new program benefits working Many of us who worked on these then passed. We watched where we families, it’s on the chopping block. rules have had legislative experience in didn’t even have an open rule. Not one But if you are a wealthy hedge fund our home States. We brought different freshman in this building that became manager or a huge defense contractor ideas, realizing that a better process a sophomore ever saw a open rule. But or a playboy son of a dead multi- equals a better policy. We have today is a new day. Today is a new op- millionaire, you are in luck. Your tax changed the schedule so that time portunity. breaks are safe. As The Washington management will be seriously consid- Now, what went into the rules pack- Post said in a recent editorial, When it ered. We have added to transparency age and how did you come about comes to tax cuts, it’s all go, no pay. for what takes place on the committee crafting it and creating it? Well, it I would say to my Republican as well as on the floor. We, to use cli- wasn’t crafted today, and it wasn’t friends, if you care about deficit reduc- ches, thought outside of the box. But in crafted with one side of the aisle. We tion, if you meant what you said on the so doing, we included more Members reached out to both sides. But we campaign trail, then vote against this than ever before, Republicans and reached beyond this House. We reached misguided rules package. If you want Democrats, who were invited to give where this House was supposed to go, transparency, then do away with the specific input into what we indeed are to the people. smoke and mirrors. If you want ac- doing. Last fall, our new Speaker BOEHNER countability, then stop the hypocrisy. The SPEAKER pro tempore (Mrs. asked us to open up to the American This rules package is shameful. CAPITO). The time of the gentleman has people and ask them what they needed This new Republican majority ap- expired. from here. We created America Speak- pears determined to do what they have Mr. DREIER. I am happy to give my ing Out. Anybody could come in and done in the past, and that is dig this friend an additional 30 seconds.

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 5, 2011 CONGRESSIONAL RECORD — HOUSE H21 Mr. BISHOP of Utah. We reached change to clause 3 of rule XXI is cor- Regrettably, these issues are steeped consensus. We found that making the rect. in arcane budget rules, so, therefore, right decisions is not necessarily a dif- Mr. DREIER. If the gentleman would many Members, especially new Mem- ficult process. All you need to do is yield, I would say, Madam Speaker, the bers, are not aware of what they are throw strikes. gentleman from Florida is absolutely voting on and its consequences. Satchel Paige, when he was advising correct. Clause 3 of rule XXI, as amend- I urge my colleagues to oppose this a young pitcher who was having a prob- ed, does not change the way in which rules change, as do so many highway lem with his control trying to hit the the underlying programs are funded, contractors and the U.S. Chamber of corners simply looked at him and said, which is through contract authority Commerce. ‘‘Just throw strikes. Home plate don’t provided by authorization acts. Mr. DREIER. Madam Speaker, I yield move.’’ Ms. SLAUGHTER. Madam Speaker, I 2 minutes to the very distinguished This rule is strikes, because home am pleased to yield 2 minutes to the chairman of our transition committee, plate don’t move. Will it change Wash- gentleman from West Virginia (Mr. RA- my friend from Hood River, Oregon ington and the way we do business? HALL), the ranking member of the Com- (Mr. WALDEN). Yes. And appropriately so. mittee on Transportation. Mr. WALDEN. Madam Speaker, I Ms. SLAUGHTER. Madam Speaker, I Mr. RAHALL. I thank the distin- want to thank the chairman of the am pleased to yield 1 minute to the guished gentlelady for yielding the Rules Committee. gentlewoman from Florida, a former time. I wanted to talk just briefly about member and missed member of the While I regret I did not hear all of the transition itself, and I want to Rules Committee, Ms. CASTOR. the previous colloquy, I do want to ex- thank members of both parties who press my strong reservation and oppo- participated in very meaningful ways b 1600 sition to these rule changes because of in our transition. I think it was an un- Ms. CASTOR of Florida. Madam the effects it would have on transpor- precedented effort in terms of its size Speaker, I thank the gentlewoman for tation-related issues. and inclusiveness. Four members of our yielding time. The Republican rules package elimi- team were incoming freshmen. We of- As a former member of the Rules nates the current rules’ direct tie be- fered Democrats the opportunity to Committee, I felt compelled to come to tween revenues to the highway trust participate both formally and infor- the floor of the House now because the fund, paid by the users through gas mally, an act of bipartisanship that Republican rules package is asking us taxes at the pump, and the level of in- has been missing, frankly, from prior to vote on a huge deception of the vestment for these programs. organizations going back over both American people. Over the last year, Currently, House rules provide that parties’ tenure in leadership. we have had a robust debate about defi- appropriators must fund highway and I asked Speaker PELOSI to designate cits and debt in this country, and yet transit programs at levels set forth in two Democratic participants. We dis- the first significant vote the Repub- surface transportation authorizations. tributed surveys to every Member, licans are asking us to vote on will add This provision was championed by a chief of staff, and scheduler on both to burgeoning deficits and debt. Republican, our former colleague Bud sides of the aisle to get as many ideas Here is a good example: No matter Shuster, and was put into place to pre- as possible to reform the people’s how you feel about the health reform vent funds building up in the highway House. Let us always remember that law, the nonpartisan CBO says that trust fund to be used to mask the true this is the people’s House. It is their that health reform law will cut the def- size of the Federal deficit. The provi- business. It is the taxpayers’ money, icit by $143 billion over the next few sion was intended to stop the same old and the public has the right to observe years. What the Republican rules pack- smoke-and-mirrors game of Federal and participate in this process. The age says is, when they bring up repeal spending. outcome is the rules package before us of health reform next week, they are As their very first act as the major- today. The transition team received not going to count that money; they ity, I find it incredible that Repub- more than 2,000 suggestions from the are going to add that again to the debt. licans would want to pursue a job-kill- general public submitted through our So the first significant vote they are ing proposal like this, one that not Web site. asking us to take on the floor is one only threatens jobs, but which could And what did we accomplish? Bills that will set us on a course to adding lead to dramatic reductions in spend- will now be posted online in a search- $143 billion to the deficit and debt. ing for very necessary and worthy able format at least 3 days before re- I urge everyone to oppose the rules highway projects throughout the Na- ceiving a vote on the House floor. No package. tion. longer will bills be dropped in the mid- Mr. DREIER. Madam Speaker, I am Americans understand and they sup- dle of the night and voted on the next happy to yield 45 seconds to the distin- port paying motor fuel taxes at the day. We require that all bills include a guished new chair of the Committee on pump, so long as they are guaranteed citation of constitutional authority so Transportation and Infrastructure, the that those funds will be spent on trans- Congress respects the limits imposed gentleman from Florida (Mr. MICA). portation. The Republican rules pack- on it by the founding document. Mr. MICA. I would like to rise to en- age smears that guarantee and will To begin to control the explosion in gage Chairman DREIER in a brief col- have a potentially devastating effect spending, we are clamping down on loquy regarding the highway funding on the level of Federal investment in budgetary sleights of hand that hide point of order that is included in this vital highway and transit programs. spending beyond the first 10-year win- rules package as clause 3 of rule XXI. After more than a decade of effort by dow of a bill; any legislation projected It is my understanding that this the Committee on Transportation and to increase the deficit by more than $5 point of order makes no change in the Infrastructure, the House adopted the billion in any single 10-year window manner in which highway, highway current rule in 1998. The principle was out to 50 years will be subject to a safety, motor carrier safety, and tran- simple: Gas taxes collected to improve point of order; a new CutGo rule re- sit programs are currently funded, highway and transit systems must be quiring any suspension bill that in- which is through contract authority used for that purpose. The previous creases authorizations or creates new derived from the highway trust fund rule restored trust to the trust fund, programs to make equal or greater and provided in authorization acts. and it has served the House and our Na- cuts elsewhere; a legislative calendar Rather, the new point of order provides tion well for the past 12 years. to ensure Members will be back home that Members will have the ability Today, the House Republican major- listening to the people who sent us under House rules to offer amendments ity breaks that trust. They are return- here at least a week every month; end- to reduce funding for such programs, if ing to the ways of old—no hearings, no ing the practice of passing comprehen- they choose to do so. public debates, no discussion with any sive or omnibus bills that package un- In the interest of clarity and mutual Member on this side of the aisle on the related legislation together in an effort understanding, I want to be assured effects of the proposed rule on trans- to avoid public scrutiny; and will re- that my understanding of this proposed portation investment. quire every committee to Webcast

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H22 CONGRESSIONAL RECORD — HOUSE January 5, 2011 their hearings and markups and make if your soldiers on the battlefield need Ms. SLAUGHTER. Madam Speaker, I them available online. more resources, you can only get it by am pleased to yield 1 minute to the Transparent, open, accountable. This cutting spending of some other vulner- gentleman from New York (Mr. RAN- is the rules package to change the able population. What sense does that GEL). House. make? Mr. RANGEL. Thank you, Madam Ms. SLAUGHTER. Madam Speaker, I When we speak of open rules, what Ranking Member. am pleased to yield 1 minute to the sense does it make to have a rule to- I come to the floor opposing the rule gentleman from Vermont (Mr. WELCH). morrow that indicates that we’re re- only because there’s a provision in it Mr. WELCH. Madam Speaker, I pealing the health care bill under a that indicates that our delegates from thank the Member from New York. closed rule, where we’ll be saving some all over the globe will not be allowed to Let me start by acknowledging two $143 billion over 3 years, but that rule exercise any of their voting privileges things: One, the Republican majority would not allow that. This is a rules that they had earlier. And when my won the election and has the right to package that needs fixing, and I hope friend, Mr. DREIER, the distinguished bring this rules package with changes that we can go back to the drawing chairman of this committee, indicated to the floor. Number two, there are board. it was all symbolic, I just would hope some good provisions in this. Mr. WAL- Mr. DREIER. Madam Speaker, I yield that if we do get a chance to pull this DEN just described several. But, three, 2 minutes to the distinguished chair of out of the package and perhaps vote on there is a time bomb in this. the Committee on the Budget, the gen- this in a separate way, that you might The major responsibility that we tleman from Janesville, Wisconsin (Mr. see your way clear to understand that have in Congress is to debate taxes and RYAN). these Americans and citizens who vol- spending—taxes and spending. The pro- Mr. RYAN of Wisconsin. I thank the unteer and fight for this great country vision that basically will protect privi- gentleman from , Cali- and support our flag, and in many leged tax breaks so that we cannot fornia, for yielding. cases have per capita more of their have a debate about whether or not a Madam Speaker, it’s a good day be- young people killed in action and hedge fund billionaire should pay at cause we’re bringing some fiscal sanity wounded in action than those of us on least the same rate of income tax as back to this institution. What gov- the mainland, that I think it deserves his or her chauffeur or cook; the fact erned this place with the rules in the a better classification than to say that we cannot have a debate as to whether last two Congresses was a ruled called it’s respecting their friends and it’s mature and profitable industries PAYGO. Let me walk you through symbolic. should continue to get taxpayer sub- what PAYGO accomplished. Before we Mr. DREIER. Will the gentleman sidies, like the oil industry, instead of had the Democrats’ PAYGO rule, the yield? being able to divert them to emerging deficit was $161 billion. Now it’s $1.4 Mr. RANGEL. I yield to the gen- technologies; the fact that these are off trillion. Its report card wasn’t so good. tleman from California. the table so that the only outcome will After the last two Congresses, PAYGO Mr. DREIER. I will simply say I was be cuts in spending that affect every was gimmicked or waived 32 times, to quoting Mr. FALEOMAVAEGA and Mr. single person without any debate, that the net total of $932 billion in extra HOYER when they used that term. is the problem. And when Mr. MCCAR- deficit spending. But when PAYGO was I thank my friend for yielding. THY said that the rules dictate behav- used, when it was invoked, it was more I reserve the balance of my time, ior, he left out that the rules dictate often used to raise taxes. Madam Speaker. outcome as well. Madam Speaker, we do not have a Ms. SLAUGHTER. I am pleased to Mr. DREIER. May I inquire of the revenue problem. We have a spending yield 1 minute to the gentleman from Chair how much time remains on each problem. And that is why this brings Minnesota (Mr. ELLISON). side? CutGo—cut-as-you-go. If you want new Mr. ELLISON. Let me thank the gen- The SPEAKER pro tempore. The gen- spending, you better cut spending tlelady and ranking member for the tleman from California has 41⁄4 minutes somewhere else to pay for it. time. remaining, and the gentlewoman from This does a couple of other things. It I rise in opposition to this rule, but 1 gets rid of a gimmick which was used New York has 11 ⁄2 minutes. in one way I’m thankful for it because Mr. DREIER. I reserve the balance of very artfully in the last Congress to it does help to go right to the heart of my time. use reconciliation procedures to grow the matter, right to the thing that di- Ms. SLAUGHTER. Madam Speaker, I more government and create new vides us most. On the one hand, Repub- yield 1 minute to the gentlewoman spending programs. It also adds a new licans want to give tax cuts to the from Texas (Ms. JACKSON LEE). rule that says we need to look at the wealthiest Americans and shrink gov- (Ms. JACKSON LEE of Texas asked fiscal consequences in the future of ernment services. On the other hand, and was given permission to revise and what we’re doing—not just in 5 years, Democrats want to have adequate extend her remarks.) not just in 10 years, but in the out funds to fund services that are nec- Ms. JACKSON LEE of Texas. Madam years—because the debt crisis is com- essary for the American people. Speaker, today was a glorious day, but ing, mark my words. Under this rule, which I ask all Mem- as we begin to discuss the rules that It also gets rid of the automatic debt bers to oppose, the Republican rule, tax are now taking place, I raise questions. increase. We used to call this the Gep- cuts will no longer have to be paid for. I would like to understand, if we are hardt rule. Congress has to vote a clear They don’t have to be budget neutral. going to go forward in a fiscally re- up-or-down as to whether or not to So tax cuts passed by the House can in- sponsible way, and I have heard so vote the debt limit. And what also hap- crease the deficit. Also, under the Re- much about the Tea Party and I wel- pened last session for the first time publican rule, increases to mandatory come certainly the expressions of those since the 1974 Budget Act passed is that spending must be paid for by reducing who have been elected as Republicans the House didn’t even propose, let spending somewhere else. Therefore, if of those views, but we stand in this alone pass, a budget. That is why this the House wanted to extend the child House, Republican and Democrat and gives us an interim authority to actu- tax credit to minimum-wage families, some Independent, to work on issues ally put a budget in place so that we then the Republican new rules would for the American people. can have a mechanism to actually po- not allow this to be paid for by closing lice the budget. We have no budget; we a corporate loophole. Instead, they b 1610 have no limits; no restraints; no prior- would have to be paid for by taking How do you in fact then eliminate, in ities whatsoever because of the failure away from some other group of people. some sense, the pay-as-you-go rule, of the leadership in the last Congress. This is wrong. And it speaks to the which we have all been committed to, And that is why this interim authority heart of what divides us. And I’m glad which allows us to pay for what we occurs: so that we can actually put we’re doing this today. want to encourage the American people some numbers in from the CBO to po- Mr. DREIER. Madam Speaker, I con- to have. But now we have a rule that lice and actually have budget enforce- tinue to reserve the balance of my says that you cannot raise revenue. So ment until the new budget arrives. time.

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 5, 2011 CONGRESSIONAL RECORD — HOUSE H23 Ms. SLAUGHTER. Madam Speaker, I ney approach of endless borrowing. Americans understand this—that they yield 1 minute to the gentleman from They claim they could cut so much, will look at spending cuts as really New Jersey (Mr. PALLONE). but they reject a rule that requires being cost-savers for the government, Mr. PALLONE. Today’s rules pack- them to cut spending as one way to off- but tax expenditures—tax cuts—maybe age reveals only one thing—and that is set revenue losses for each new tax for the wealthiest Americans, maybe hypocrisy. Despite all the rhetoric break they approve. Their misleading for certain companies—maybe some about the deficit, the Republicans’ first CutGo just cuts fiscal discipline and good, maybe some we would even agree act in the majority will be to allow a says to go borrow from the Chinese. with—will not be counted as part of a legislative process that goes back to These Republicans are like the fellow cost to government, as a reduction in exploding our national debt. The Re- who bellies up to the bar and says, Just the amount of revenue that we get into publicans’ new plan will replace a one more round of tax breaks for my the government. They will simply ig- strict pay-as-you-go policy with a buddies. Put it on my tab. nore it, and the expenditures will just much weaker one-sided policy known Except it’s our tab. get added to the deficit. as cut-as-you-go, under which manda- All Americans will pay for their end- Just last week—and for weeks and tory spending still needs to be paid for, less borrowing for endless tax breaks. weeks before that—they said deficit re- but tax cuts do not. And this means They are indifferent to our national duction was at the top of their agenda. that Republicans can cut taxes for the debt except when it comes to cutting It took them 3 hours to make that an rich and increase the deficit while vital initiatives that they wanted to untrue statement. They have simply doing it. weaken or eliminate in the first place. already set up a situation where they But, Madam Speaker, it only gets We need pay-as-you-go budgeting just can add trillions and trillions of dollars worse. The Republicans know that the like a family that faces a high credit to the national deficit, and we can do new health care reform bill reduces the card debt and knows it can’t balance nothing about it. deficit by a trillion dollars over the its budget by cutting off its income or Mr. DREIER. I continue to reserve next two decades, and they’ve put a by simply cutting school lunches or the balance of my time. special exemption in their rule that other necessities. Neither can America Ms. SLAUGHTER. Mr. Speaker, I am 1 says as long as we’re repealing health afford to distort this budget. pleased to yield 2 ⁄2 minutes to the gen- care reform, we can increase the def- Mr. DREIER. I continue to reserve tleman from Maryland (Mr. VAN icit. the balance of my time. HOLLEN). Republicans will be judged on the Ms. SLAUGHTER. Mr. Speaker, I am Mr. VAN HOLLEN. Mr. Speaker, the promises they make to the American pleased to yield 1 minute to the gen- American people did not bargain for a plan in the first 24 hours of the new people. And so far they’re already fail- tleman from Virginia (Mr. SCOTT). ing to live up to the standard that Mr. SCOTT of Virginia. Mr. Speaker, Congress that would blow a hole in the they’ve set for themselves. deficit reduction requires tough deficit and expand the debt. The chairman of the Rules Com- Mr. DREIER. Mr. Speaker, I continue choices, and PAYGO helps us make mittee mentioned the recent bipartisan to reserve the balance of my time. those tough choices because, if you in- tax agreement. We also recently had a Ms. SLAUGHTER. Mr. Speaker, I am crease spending, you have to pay for pleased to yield 1 minute to another bipartisan commission on the deficit it—either raise the money or cut and debt reduction. It looked at both gentleman from New Jersey (Mr. AN- spending somewhere else. If you cut DREWS). sides of the equation—spending and the taxes, you have to raise somebody fact that we have created lots of tax (Mr. ANDREWS asked and was given else’s taxes or cut some programs. You permission to revise and extend his re- loopholes that have lost revenue to have to pay for it. special interests. What this plan does, marks.) In 1993, under PAYGO and a tough Mr. ANDREWS. The question that what the rule does, is say that that Democratic budget, we eliminated the doesn’t matter, that it doesn’t count will be before the ladies and gentlemen deficit and were on our way to paying of the House on this rules package is: against the deficit. off the national debt. We created mil- In fact, the existing rules under the Do you want to honor the commitment lions of jobs. Unfortunately, 50 Demo- to reduce the deficit or abandon it? The House say that you cannot use the crats lost their seats in a budget that budget reconciliation process to add to rules plan permits an abandonment of the Democrats voted for but that not a the promise to reduce the deficit be- the deficit. Your rule specifically single Republican voted for. These are eliminates that restriction. Your rule cause it ignores the fiscal consequences tough choices. Unfortunately, this of the repeal of the health care bill, says go ahead and use the budget rec- package fails to make those tough onciliation process to add to the deficit which the Congressional Budget Office choices because it exempts trillions of has said will reduce the deficit by more and debt. You strike it. You give a dollars from PAYGO. green light. This rule also contains, on than a trillion dollars over the next 20 Mr. Speaker, you are simply not hav- years, and it ignores the fiscal con- page 28, a little noticed provision that ing a serious discussion about deficit opens the door to politically moti- sequences of permanently extending reduction when the discussion begins the tax cuts of 2001 and 2003 for the vated, Enron-style accounting as a with massive tax cuts which will add means to do an end run around the pay- wealthiest Americans. trillions of dollars to the national debt This is not a question of liberal or as-you-go law signed by President without beginning to pay for them at conservative, Republicans or Demo- Obama. all. We need to get serious about deficit crat. It’s a question of honoring a The current practice of this Congress reduction, and this package does not do promise or abandoning it. To those who has been that we will use the budget it. wish to honor the promise of deficit re- estimates of the nonpartisan Congres- Mr. DREIER. I continue to reserve sional Budget Office to determine the duction, the right vote on this rules the balance of my time. deficit impact on the laws that we pass package is ‘‘no.’’ Ms. SLAUGHTER. Mr. Speaker, I Mr. DREIER. Mr. Speaker, I continue here in this body for the purpose of yield 1 minute to the gentlewoman to reserve the balance of my time. pay-as-you-go. That is because, while from Pennsylvania (Ms. SCHWARTZ). we should have a vigorous debate over b 1620 Ms. SCHWARTZ. As I listen to this policy, we don’t want politicians in- Ms. SLAUGHTER. I am pleased to debate, I want to say that I and many venting self-serving budget numbers. yield 1 minute to the gentleman from of my colleagues agree that we must Now, the Congressional Budget Office Texas (Mr. DOGGETT). take the deficit seriously; but to do so, serves as our umpire. They call the Mr. DOGGETT. Mr. Speaker, on day we have to not only examine spending balls and the strikes, as you know. one of this new Congress, these Repub- cuts. We have to look at tax expendi- Sometimes we don’t like the calls they licans take a giant step backwards. tures. make. Sometimes we do. Yet what this They profess such great concern about This new rule that is being presented rule says is we are going to take the their ability to cut wasteful spending. is literally less than 3 hours old. Since umpire off the field when it comes to First off, they abandon pay-as-you-go the Republicans have taken control, statutory PAYGO. We are going to sub- budgeting, returning to the Bush-Che- they have said simply—and so most stitute our accounting for the folks

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H24 CONGRESSIONAL RECORD — HOUSE January 5, 2011 whose professional job it is to deter- ever, that we will be able to do the Today, the new Republican Majority breaks mine the deficit impact of different exact same thing, Mr. Speaker, when that trust. We will soon return to the days legislation that we pass. we deal with the question of getting where gas taxes are collected and used not to I think when the American people our economy growing and the other invest in infrastructure, but to hide the size of find out that this opens the door to challenges that lie ahead of us. the deficit. this kind of fun and games, they are b 1630 The new Republican Majority also institutes going to ask themselves: Is this some- a new ‘‘Cut-Go’’ rule to cut spending. How- thing I really bargained for? We never before have had the oppor- ever, in the process, the Republicans have ob- Mr. DREIER. Mr. Speaker, will the tunity that we are going to have in just literated the basic premise of the Highway and gentleman yield on that point? a few minutes. The Rules Committee is Airport and Airway Trust Funds. Under the Mr. VAN HOLLEN. I yield to the gen- going to meet after we are seated, and new Republican rule, the Committee on Trans- tleman from California. when I came to the Rules Committee portation and Infrastructure cannot bring a bill Mr. DREIER. I thank my friend for two decades ago, I was told by the dean to the Floor that increases highway, public yielding. of the Washington press core, David transit, or airport infrastructure investment Let me just say to the commission Broder, that the Rules Committee (contract authority) financed by revenues from that I think it is very important to hearing room was small by design. the appropriate trust fund, unless the bill note that they argued that there Why? To keep us out, Mr. Broder said makes cuts to other mandatory programs. It should be a reduction to 26 percent as to me. does not matter if the Trust Fund has the re- the top corporate rate and 23 percent Well, Mr. Speaker, for the first time sources to finance the investment; the Com- as the top tax rate. in this quest for transparency, we are mittee still has to provide offsetting cuts. The I thank my friend for yielding. going to have online streaming of our basic premise of the transportation trust Mr. VAN HOLLEN. Reclaiming my Rules Committee meeting that will funds—user fees are collected to finance infra- time, I think my friend knows they did take place after we are seated here. structure improvements—is obliterated. that as part of a whole tax reform GENERAL LEAVE Regrettably, because these issues are package that closed the tax loopholes Mr. DREIER. Mr. Speaker, I ask steeped in arcane budget rules, I fear that that your proposal would open. unanimous consent that all of our Members are voting on this package without Ms. SLAUGHTER. I yield myself the Members have 5 legislative days in understanding its consequences. I regret that balance of my time. which to revise and extend their re- the Republican Leadership, which has talked Mr. Speaker, I ask Members on both marks on this measure. so much about transparency and openness, sides of the aisle to vote ‘‘no’’ on the The SPEAKER pro tempore. Is there begins this Congress, on its first day, with the previous question so that we can take objection to the request of the gen- ways of old: no hearings, no public debate, serious action described by Mr. VAN tleman from California? and no discussion with any Member on this HOLLEN to decrease the deficit rather There was no objection. side of the aisle on the effects of the proposed than to simply make it easier to give Mr. RAHALL. Mr. Speaker, I rise in strong rule on transportation investment. tax breaks to billionaires. opposition to H. Res. 5, the new Republican You do not have to take my word for it, lis- Mr. Speaker, I ask unanimous con- Majority’s proposed rules for the House of ten to the transportation community: State De- sent to insert the text of the amend- Representatives. partments of Transportation, public transit ment in the RECORD immediately prior The Republican Rules package eliminates agencies, highway contractors, equipment to the vote on the previous question. the current Rule’s direct tie between revenues manufacturers, the trucking industry, moving The SPEAKER pro tempore (Mr. to the Highway Trust Fund—paid by users companies, the U.S. Chamber of Commerce, CAMP). Is there objection to the request through gas taxes at the pump—and the level highway users, and construction workers all of the gentlewoman from New York? of investment for surface transportation pro- vigorously oppose the rules. There was no objection. grams. This rules change will have a dev- And you can listen to what Wall Street Ms. SLAUGHTER. Mr. Speaker, I astating effect on transportation and infrastruc- thinks of the effect on Republican Rules pack- urge a ‘‘no’’ vote on the previous ques- ture investment. age on highway construction companies: al- tion and on the rule, and I yield back Currently, House Rules provide that appro- though the Dow Jones Industrial Average went the balance of my time. priators must fund highway and transit pro- up yesterday, highway contractors and mate- Mr. DREIER. I yield myself the bal- grams at levels set forth in surface transpor- rial suppliers took a significant hit throughout ance of my time. tation authorizations. This provision was the day: Martin Marrietta, down 6.5 percent; Mr. Speaker, everyone is very en- championed by a Republican, our former col- Vulcan Materials, down 5.2 percent; Granite thused about today. It is a great day. league Bud Shuster, and was put into place to Construction, down 4.4 percent; CRH We have 96 new Members of this insti- prevent funds building up in the Highway Trust Oldcastle, down 4.4 percent. tution—87 Republicans and nine Demo- Fund to be used to mask the true size of the As one Wall Street analyst who downgraded crats—nearly 100 new Members. They federal deficit. two of these firms stated in a written invest- are here having carried a very strong As their very first act in the Majority, I find ment report specifically citing the Republican’s and powerful message from the Amer- it incredible that Republicans would want to Rules package: ican people, which is we have got to pursue a job-killing proposal like this. One that ‘‘. . . [T]his is not an encouraging signal create jobs, get our economy growing, not only threatens jobs but which could lead to from the new [Republican] congressional reduce the size and scope and reach of dramatic reductions in spending for very nec- leadership in terms of its commitment to in- government, and do it in a more trans- essary and worthy highway projects through- frastructure spending. . . .’’; and parent, open and accountable way. ‘‘. . . a move to allow revenues previously out the Nation. set aside for road spending to be spent else- Mr. Speaker, that is exactly what we Americans understand, and support, paying where would not only act to reduce total are doing. That is exactly what we are motor fuel taxes at the pump so long as they [highway] spending levels but also limit visi- doing with this rules package. are guaranteed that those funds will be spent bility amid an already constrained outlook Now, there seems to be a little dis- on transportation. The Republican Rules pack- by the lack of a multi-year highway bill.’’ agreement on the notion of dealing age smudges that guarantee and will have a Mr. Speaker, it is a sad day for transpor- with spending and taxes. The fact of potentially devastating effect on the level of tation. The Republican Rules package creates the matter is we all know—several of Federal investment in vital highway and transit uncertainty in an industry that cannot afford it. us have said it through the debate— programs. The Republican Rules package will hurt high- that we don’t have a revenue problem. After more than a decade of effort by the way, transit, and airport construction compa- We have a spending problem. What we Committee on Transportation and Infrastruc- nies and kill jobs. need to do is to focus on reducing ture, the House adopted the current rule in I urge my colleagues to join me and defeat spending, and we are absolutely com- 1998. The principle was simple: gas taxes col- H. Res. 5. Let us go back to the drawing table mitted with a laser-like approach to lected to improve highway and public transit and work together to help the American peo- doing that. It is going to be tough. It is systems must be used for that purpose. The ple. going to be painful. I hope that, as we Rule restored ‘‘trust’’ to the Trust Fund, and it Mr. THOMPSON of Mississippi. Mr. Speak- reached out and had bipartisan input has served the House well for the past 12 er, I rise today to express my concern about on this rules package for the first time years. the failure of the Republican Majority’s Rules

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 9920 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 5, 2011 CONGRESSIONAL RECORD — HOUSE H25 package to fix jurisdiction over homeland se- deficiency in the House Rules that three Sec- Posey Scalise Tiberi curity. retaries of Homeland Security, the 9/11 Com- Price (GA) Schilling Tipton Quayle Schmidt Turner In July 2004, the 9/11 Commission Report mission and scores of homeland security ex- Rehberg Schock Upton recommended that there be not more than perts have identified. Reichert Schweikert Walberg one authorizing Committee in the House for The material previously referred to Renacci Scott (SC) Walden Ribble Scott, Austin the Department of Homeland Security. by Ms. SLAUGHTER is as follows: Walsh (IL) Rigell Sensenbrenner Webster They argued that consolidated jurisdiction Rivera Shimkus AMENDMENT TO H. RES. 5 West Roby Shuster would provide the newly-established Depart- Westmoreland Page 28, after line 10, insert the following: Roe (TN) Simpson ment of Homeland Security with the same kind (3) A measure may only qualify for an ex- Rogers (KY) Smith (NE) Whitfield of strong Congressional partner that the De- emption under this subsection if it does not Rogers (MI) Smith (NJ) Wilson (SC) partment of Defense has in the Committee on increase the deficit over the period of fiscal Rohrabacher Smith (TX) Wittman Armed Services. years 2011 through 2021 beyond the exemp- Rokita Southerland Wolf tions permitted in the Statutory Pay-As- Rooney Stearns Womack Upon establishment of the Committee on Woodall You-Go Act of 2010. Ros-Lehtinen Stivers Homeland Security in 2005, Republican Lead- Roskam Stutzman Yoder ership rebuffed this critical recommendation Mr. DREIER. It is with a great deal Ross (FL) Sullivan Young (AK) when it failed to designate the Committee on of zeal, enthusiasm, and gratitude that Royce Terry Young (FL) Runyan Thompson (PA) Young (IN) Homeland Security as the ‘‘principal point of I move the previous question and yield Ryan (WI) Thornberry oversight and review for homeland security.’’ back the balance of my time. I can tell you—from first-hand experience— The SPEAKER pro tempore. The NAYS—188 that fractured jurisdiction results in absurd out- question is on ordering the previous Ackerman Garamendi Olver comes—with referrals of homeland security question on the resolution. Altmire Giffords Owens Andrews Gonzalez Pallone bills often bypassing the Committee on Home- The question was taken; and the Baca Green, Al Pascrell land Security altogether. Speaker pro tempore announced that Baldwin Green, Gene Pastor (AZ) More than a few of you would probably be the ayes appeared to have it. Barrow Grijalva Payne Bass (CA) Gutierrez surprised to hear that the following three bills Ms. SLAUGHTER. Mr. Speaker, on Pelosi Becerra Hanabusa Perlmutter were not referred to the Committee on Home- that I demand the yeas and nays. Berkley Harman Peters land Security: a bill authorizing the protection The yeas and nays were ordered. Berman Hastings (FL) Peterson Bishop (GA) Heinrich Pingree (ME) of federal buildings from terrorist attacks and The vote was taken by electronic de- Bishop (NY) Higgins other threats—a Department of Homeland Se- vice, and there were—yeas 236, nays Polis Blumenauer Himes Price (NC) curity responsibility; a bill providing resources 188, not voting 7, as follows: Boren Hinchey Quigley for DHS to prepare for and respond to acts of [Roll No. 4] Boswell Hinojosa Rahall Brady (PA) Hirono terrorism; and a bill to require airports to miti- Rangel YEAS—236 Braley (IA) Holden Reyes gate against the threat of a terrorist attack. Adams Ellmers King (NY) Brown (FL) Holt Richardson The absurd and damaging effect of frac- Aderholt Emerson Kingston Butterfield Honda Richmond tured jurisdiction has not gone unnoticed over Akin Farenthold Kinzinger (IL) Capps Hoyer Ross (AR) Capuano Inslee Alexander Fincher Kline Rothman (NJ) the past six years. Cardoza Israel Amash Flake Labrador Roybal-Allard Carnahan Jackson (IL) Every Secretary of Homeland Security— Austria Fleischmann Lamborn Ruppersberger Carney Jackson Lee from Tom Ridge to Michael Chertoff to Janet Bachmann Fleming Lance Rush Carson (IN) (TX) Bachus Flores Landry Ryan (OH) Napolitano—has expressed concerns about Castor (FL) Johnson, E. B. Bartlett Forbes Lankford Sa´ nchez, Linda fractured jurisdiction over the Department of Chandler Kaptur Barton (TX) Fortenberry Latham T. Chu Keating Homeland Security. Bass (NH) Foxx LaTourette Sanchez, Loretta Cicilline Kildee Indeed, in April 2010, Secretary Napolitano Benishek Franks (AZ) Latta Sarbanes Clarke (MI) Kind Berg Frelinghuysen Lee (NY) Schakowsky wrote that fractured jurisdiction has negatively Clarke (NY) Kissell Biggert Gallegly Lewis (CA) Schiff impacted the Department’s ability to fulfill its Bilbray Gardner LoBiondo Clay Kucinich Cleaver Langevin Schrader mission. Bilirakis Garrett Long Schwartz Then, in May 2010, 9/11 Commission Chair Bishop (UT) Gerlach Lucas Clyburn Larsen (WA) Cohen Larson (CT) Scott (VA) Tom Kean testified that fractured jurisdiction Black Gibbs Luetkemeyer Scott, David Blackburn Gibson Lummis Connolly (VA) Lee (CA) over the Department of Homeland Security Conyers Levin Sewell Bonner Gingrey (GA) Lungren, Daniel Sherman risks making the country less safe. Bono Mack Gohmert E. Cooper Lewis (GA) Costa Lipinski Shuler The 111th Congress, under the leadership Boustany Goodlatte Mack Sires Brady (TX) Gosar Manzullo Costello Loebsack of Speaker PELOSI, approved a Rules package Courtney Lofgren, Zoe Slaughter Brooks Gowdy Marchant Smith (WA) that included new language to underscore that Broun (GA) Granger Marino Critz Lowey Crowley Luja´ n Stark the Committee on Homeland Security is the Buchanan Graves (GA) McCarthy (CA) Sutton Bucshon Graves (MO) McCaul Cuellar Lynch lead congressional committee for homeland Cummings Maloney Thompson (CA) Buerkle Griffin (AR) McClintock Thompson (MS) security matters within the House. Burgess Griffith (VA) McCotter Davis (CA) Markey While this change represented progress, Davis (IL) Matheson Tierney Burton (IN) Grimm McHenry Tonko Calvert Guinta McKeon DeGette Matsui there was still a pressing need for legislative DeLauro McCarthy (NY) Towns jurisdiction over homeland security to be con- Camp Guthrie McKinley Tsongas Campbell Deutch McCollum Hall McMorris Van Hollen solidated. Canseco Hanna Rodgers Dicks McDermott Vela´ zquez Cantor Harper Meehan Dingell McGovern The Rules package under consideration Visclosky Capito Harris Mica Doggett McIntyre today does nothing to end fractured jurisdic- Walz (MN) Carter Hartzler Miller (FL) Donnelly (IN) McNerney Wasserman tion over homeland security. Cassidy Hastings (WA) Miller (MI) Doyle Meeks Schultz Inexplicably, the package only changes the Chabot Hayworth Miller, Gary Edwards Michaud Waters Chaffetz Heck Mulvaney Ellison Miller (NC) jurisdictional statement for the Committee on Watt Coble Heller Murphy (PA) Engel Miller, George Armed Services—a committee that already Waxman Coffman (CO) Hensarling Myrick Eshoo Moore Weiner has sweeping jurisdiction over the Defense Cole Herger Neugebauer Farr Moran Welch Department. Conaway Herrera Beutler Noem Fattah Murphy (CT) Woolsey Cravaack Huelskamp Nugent Filner Nadler I am disappointed to see that the newly- Frank (MA) Napolitano Wu minted House Leadership, despite assurances Crawford Huizenga (MI) Nunes Crenshaw Hultgren Nunnelee Fudge Neal Yarmuth from the incoming Chairman of the Committee Culberson Hunter Olson NOT VOTING—7 on Homeland Security that Republican Lead- Davis (KY) Hurt Palazzo ership would do so, refuses to tackle what the Denham Issa Paul Barletta Rogers (AL) Wilson (FL) Dent Jenkins Paulsen Johnson (GA) Serrano 9/11 Commission said of all its recommenda- DesJarlais Johnson (IL) Pearce Reed Speier tions was ‘‘the most difficult and important.’’ Diaz-Balart Johnson (OH) Pence For this reason, I cannot support House Dold Johnson, Sam Petri b 1657 Resolution Five (H. Res. 5) and urge my col- Dreier Jones Pitts Duffy Jordan Platts leagues to join me in opposing this measure Duncan (SC) Kelly Poe (TX) Messrs. GEORGE MILLER of Cali- that knowingly turns a blind eye to a glaring Duncan (TN) King (IA) Pompeo fornia, HOLT, CUELLAR, KILDEE, Ms.

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H26 CONGRESSIONAL RECORD — HOUSE January 5, 2011 LEE of California, Messrs. GUTIER- Lipinski Payne Sewell Ryan (WI) Smith (TX) Walden REZ, CARSON of Indiana, and CON- Loebsack Pelosi Sherman Scalise Southerland Webster Lofgren, Zoe Perlmutter Shuler Schilling Stearns West YERS changed their vote from ‘‘yea’’ Lowey Peters Sires Schmidt Stivers Westmoreland to ‘‘nay.’’ Luja´ n Peterson Slaughter Schock Stutzman Whitfield Mr. SULLIVAN changed his vote Lynch Pingree (ME) Smith (WA) Schweikert Sullivan Wilson (SC) Scott (SC) Terry Wittman from ‘‘nay’’ to ‘‘yea.’’ Maloney Polis Speier Markey Price (NC) Stark Scott, Austin Thompson (PA) Wolf So the previous question was ordered. Matheson Quigley Sutton Sensenbrenner Thornberry Womack The result of the vote was announced Matsui Rahall Thompson (CA) Shimkus Tiberi Woodall McCarthy (NY) Rangel Thompson (MS) Shuster Tipton Yoder as above recorded. Simpson Turner Young (AK) McCollum Reyes Tierney MOTION TO COMMIT McDermott Richardson Smith (NE) Upton Young (FL) Tonko McGovern Richmond Smith (NJ) Walberg Young (IN) Mr. CROWLEY. Madam Speaker, I Towns McIntyre Ross (AR) Tsongas have a motion to commit at the desk. McNerney Rothman (NJ) NOT VOTING—2 Van Hollen The SPEAKER pro tempore (Mrs. Meeks Roybal-Allard Ellison Walsh (IL) Vela´ zquez BIGGERT). The Clerk will report the Michaud Ruppersberger Visclosky ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE motion. Miller (NC) Rush Miller, George Ryan (OH) Walz (MN) The SPEAKER pro tempore (during The Clerk read as follows: ´ Wasserman Moore Sanchez, Linda the vote). One minute remains in this Mr. Crowley moves that the resolution (H. Moran T. Schultz Res. 5) be committed to a select committee Murphy (CT) Sanchez, Loretta Waters vote. composed of the Majority Leader and the Mi- Nadler Sarbanes Watt Waxman nority Leader with instructions to report it Napolitano Schakowsky Neal Schiff Weiner b 1717 forthwith back to the House with the fol- Olver Schrader Welch So the motion was rejected. lowing amendment: Owens Schwartz Wilson (FL) At the end of rule XXVI, add the following Pallone Scott (VA) Woolsey The result of the vote was announced new clause: Pascrell Scott, David Wu as above recorded. ‘‘4.(a) Not later than 15 days after taking Pastor (AZ) Serrano Yarmuth Stated for: the oath of office, a Member, Delegate, or NAYS—238 Mr. ELLISON. Madam Speaker, on January Resident Commissioner shall notify the 5, 2011, I inadvertently missed rollcall No. 5. Clerk of whether that Member, Delegate, or Adams Flores Long Resident Commissioner elects to participate Aderholt Forbes Lucas Had I been present I would have voted ‘‘yes.’’ in the Federal Employees Health Benefits Akin Fortenberry Luetkemeyer The SPEAKER pro tempore. The Program. Alexander Foxx Lummis question is on the resolution. Amash Franks (AZ) Lungren, Daniel The question was taken; and the ‘‘(b) The notifications made pursuant to Austria Frelinghuysen E. paragraph (a) shall be made under the same Bachmann Gallegly Mack Speaker pro tempore announced that terms as the financial disclosure statement Bachus Gardner Manzullo the ayes appeared to have it. required under this rule.’’. Barletta Garrett Marchant Mr. GEORGE MILLER of California. Bartlett Gerlach Marino The SPEAKER pro tempore. Without Barton (TX) Gibbs McCarthy (CA) Madam Speaker, on that I demand the objection, the previous question is or- Bass (NH) Gibson McCaul yeas and nays. dered on the motion to commit. Benishek Gingrey (GA) McClintock The yeas and nays were ordered. There was no objection. Berg Gohmert McCotter The vote was taken by electronic de- Biggert Goodlatte McHenry The SPEAKER pro tempore. The Bilbray Gosar McKeon vice, and there were—yeas 238, nays question is on the motion. Bilirakis Gowdy McKinley 191, not voting 2, as follows: The question was taken; and the Bishop (UT) Granger McMorris [Roll No. 6] Black Graves (GA) Rodgers Speaker pro tempore announced that Blackburn Graves (MO) Meehan YEAS—238 the noes appeared to have it. Bonner Griffin (AR) Mica Adams Cravaack Hall Mr. CROWLEY. Madam Speaker, on Bono Mack Griffith (VA) Miller (FL) Aderholt Crenshaw Hanna that I demand the yeas and nays. Boustany Grimm Miller (MI) Akin Culberson Harper Brady (TX) Guinta Miller, Gary The yeas and nays were ordered. Alexander Davis (KY) Harris Brooks Guthrie Mulvaney Amash Denham Hartzler Broun (GA) The vote was taken by electronic de- Hall Murphy (PA) Austria Dent Hastings (WA) Buchanan Hanna Myrick vice, and there were—yeas 191, nays Bachmann DesJarlais Hayworth Bucshon Harper Neugebauer Bachus Diaz-Balart Heck 238, not voting 2, as follows: Buerkle Harris Noem Barletta Dold Heller Burgess Hartzler Nugent [Roll No. 5] Bartlett Dreier Hensarling Burton (IN) Hastings (WA) Nunes YEAS—191 Barton (TX) Duffy Herger Calvert Hayworth Nunnelee Bass (NH) Duncan (SC) Ackerman Cohen Grijalva Camp Heck Olson Herrera Beutler Benishek Duncan (TN) Huelskamp Altmire Connolly (VA) Gutierrez Campbell Heller Palazzo Berg Ellmers Andrews Conyers Hanabusa Canseco Hensarling Paul Huizenga (MI) Biggert Emerson Hultgren Baca Cooper Harman Cantor Herger Paulsen Bilbray Farenthold Hunter Baldwin Costa Hastings (FL) Capito Herrera Beutler Pearce Bilirakis Fincher Hurt Barrow Costello Heinrich Carter Huelskamp Pence Bishop (UT) Flake Issa Bass (CA) Courtney Higgins Cassidy Huizenga (MI) Petri Black Fleischmann Jenkins Becerra Critz Himes Chabot Hultgren Pitts Blackburn Fleming Johnson (IL) Berkley Crowley Hinchey Chaffetz Hunter Platts Bonner Flores Berman Cuellar Hinojosa Coble Hurt Poe (TX) Bono Mack Forbes Johnson (OH) Bishop (GA) Cummings Hirono Coffman (CO) Issa Pompeo Boustany Fortenberry Johnson, Sam Bishop (NY) Davis (CA) Holden Cole Jenkins Posey Brady (TX) Foxx Jones Blumenauer Davis (IL) Holt Conaway Johnson (IL) Price (GA) Brooks Franks (AZ) Jordan Boren DeGette Honda Cravaack Johnson (OH) Quayle Broun (GA) Frelinghuysen Kelly Boswell DeLauro Hoyer Crawford Johnson, Sam Reed Buchanan Gallegly King (IA) Brady (PA) Deutch Inslee Crenshaw Jones Rehberg Bucshon Gardner King (NY) Braley (IA) Dicks Israel Culberson Jordan Reichert Buerkle Garrett Kingston Brown (FL) Dingell Jackson (IL) Davis (KY) Kelly Renacci Burgess Gerlach Kinzinger (IL) Butterfield Doggett Jackson Lee Denham King (IA) Ribble Burton (IN) Gibbs Kline Capps Donnelly (IN) (TX) Dent King (NY) Rigell Calvert Gibson Labrador Capuano Doyle Johnson (GA) DesJarlais Kingston Rivera Camp Gingrey (GA) Lamborn Cardoza Edwards Johnson, E. B. Diaz-Balart Kinzinger (IL) Roby Campbell Gohmert Lance Carnahan Engel Kaptur Dold Kline Roe (TN) Canseco Goodlatte Landry Carney Eshoo Keating Dreier Labrador Rogers (AL) Cantor Gosar Lankford Carson (IN) Farr Kildee Duffy Lamborn Rogers (KY) Capito Gowdy Latham Castor (FL) Fattah Kind Duncan (SC) Lance Rogers (MI) Carter Granger LaTourette Chandler Filner Kissell Duncan (TN) Landry Rohrabacher Cassidy Graves (GA) Latta Chu Frank (MA) Kucinich Ellmers Lankford Rokita Chabot Graves (MO) Lee (NY) Cicilline Fudge Langevin Emerson Latham Rooney Chaffetz Griffin (AR) Lewis (CA) Clarke (MI) Garamendi Larsen (WA) Farenthold LaTourette Ros-Lehtinen Coble Griffith (VA) LoBiondo Clarke (NY) Giffords Larson (CT) Fincher Latta Roskam Coffman (CO) Grimm Long Clay Gonzalez Lee (CA) Flake Lee (NY) Ross (FL) Cole Guinta Lucas Cleaver Green, Al Levin Fleischmann Lewis (CA) Royce Conaway Guthrie Luetkemeyer Clyburn Green, Gene Lewis (GA) Fleming LoBiondo Runyan

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Lummis Pitts Shimkus Wasserman Waxman Woolsey (17) COMMITTEE ON SMALL BUSINESS.—Mr. Lungren, Daniel Platts Shuster Schultz Weiner Wu Graves of Missouri, Chairman. E. Waters Welch Poe (TX) Simpson Yarmuth (18) COMMITTEE ON TRANSPORTATION AND IN- Mack Pompeo Watt Wilson (FL) Smith (NE) FRASTRUCTURE.—Mr. Mica, Chairman. Manzullo Posey Smith (NJ) NOT VOTING—2 (19) COMMITTEE ON VETERANS’ AFFAIRS.— Marchant Price (GA) Smith (TX) Mr. Miller of Florida, Chairman. Marino Quayle Southerland Crawford Hanabusa McCarthy (CA) Reed (20) COMMITTEE ON WAYS AND MEANS.—Mr. Stearns b 1734 McCaul Rehberg Stivers Camp, Chairman; Mr. Herger; Mr. Sam John- McClintock Reichert Stutzman Mr. BERMAN changed his vote from son of Texas; Mr. Brady of Texas; Mr. Ryan McCotter Renacci Sullivan ‘‘yea’’ to ‘‘nay.’’ of Wisconsin; Mr. Nunes; Mr. Tiberi; Mr. McHenry Ribble Davis of Kentucky; Mr. Reichert; Mr. McKeon Rigell Terry So the resolution was agreed to. Thompson (PA) Boustany; Mr. Heller; Mr. Roskam; Mr. Ger- McKinley Rivera The result of the vote was announced McMorris Roby Thornberry lach; Mr. Price of Georgia; Mr. Buchanan; Rodgers Roe (TN) Tiberi as above recorded. Mr. Smith of Nebraska; Mr. Schock; Mr. Lee Meehan Rogers (AL) Tipton The SPEAKER pro tempore. Without of New York; Ms. Jenkins; Mr. Paulsen; Mr. Mica Rogers (KY) Turner objection, a stray numeral ‘‘3’’ is Berg; and Mrs. Black. Miller (FL) Rogers (MI) Upton stricken on page 26, line 10. Miller (MI) Rohrabacher Walberg Mr. HENSARLING (during the read- Miller, Gary Rokita Walden There was no objection. ing). Madam Speaker, I ask unanimous Mulvaney Rooney Walsh (IL) A motion to reconsider was laid on consent that the resolution be consid- Murphy (PA) Ros-Lehtinen Webster the table. ered as read and printed in the RECORD. Myrick Roskam West Neugebauer Ross (FL) Westmoreland f The SPEAKER pro tempore. Is there Noem Royce Whitfield ELECTING MEMBERS TO CERTAIN objection to the request of the gen- Nugent Runyan Wilson (SC) tleman from Texas? Nunes STANDING COMMITTEES OF THE Ryan (WI) Wittman Nunnelee Scalise There was no objection. Wolf HOUSE OF REPRESENTATIVES Olson Schilling The resolution was agreed to. Womack Palazzo Schmidt Mr. HENSARLING. Madam Speaker, A motion to reconsider was laid on Paul Schock Woodall by direction of the Republican Con- Yoder the table. Paulsen Schweikert ference, I offer a privileged resolution Pearce Scott (SC) Young (AK) f Pence Scott, Austin Young (FL) and ask for its immediate consider- Petri Sensenbrenner Young (IN) ation. MESSAGE FROM THE PRESIDENT The Clerk read the resolution, as fol- A message in writing from the Presi- NAYS—191 lows: dent of the United States was commu- Ackerman Filner Moore H. RES. 6 nicated to the House by Mr. Pate, one Altmire Frank (MA) Moran Andrews Fudge Murphy (CT) Resolved, That the following named Mem- of his secretaries. Baca Garamendi Nadler bers be and are hereby elected to the fol- f Baldwin Giffords Napolitano lowing standing committees of the House of Barrow Gonzalez Neal Representatives: MESSAGE FROM THE SENATE Bass (CA) Green, Al Olver (1) COMMITTEE ON AGRICULTURE.—Mr. A message from the Senate by Ms. Becerra Green, Gene Owens Lucas, Chairman. Berkley Grijalva Pallone Curtis, one of its clerks, announced (2) COMMITTEE ON APPROPRIATIONS.—Mr. Berman Gutierrez Pascrell that the Senate has agreed to the fol- Rogers of Kentucky, Chairman; Mr. Young of Bishop (GA) Harman Pastor (AZ) lowing resolution: Bishop (NY) Hastings (FL) Payne Florida; Mr. Lewis of California; Mr. Wolf; Blumenauer Heinrich Pelosi Mr. Kingston; Mr. Frelinghuysen; Mr. S. RES. 2 Boren Higgins Perlmutter Latham; Mr. Aderholt; Mrs. Emerson; Ms. In the Senate of the United States, Janu- Boswell Himes Peters Granger; Mr. Simpson; Mr. Culberson; Mr. ary 5, 2011. Brady (PA) Hinchey Peterson Crenshaw; Mr. Rehberg; Mr. Carter; Mr. Al- Resolved, That the Secretary inform the Braley (IA) Hinojosa Pingree (ME) Brown (FL) Hirono Polis exander; Mr. Calvert; Mr. Bonner; Mr. House of Representative that a quorum of Butterfield Holden Price (NC) LaTourette; Mr. Cole; Mr. Flake; Mr. Diaz- the Senate is assembled and that the Senate Capps Holt Quigley Balart; Mr. Dent; Mr. Austria; Mrs. Lummis; is ready to proceed to business. Capuano Honda Rahall Mr. Graves of Georgia; Mr. Yoder; Mr. The message also announced that the Cardoza Hoyer Rangel Womack; and Mr. Nunnelee. Senate has agreed to a concurrent reso- Carnahan Inslee Reyes (3) COMMITTEE ON ARMED SERVICES.—Mr. Carney Israel Richardson McKeon, Chairman. lution of the following title in which Carson (IN) Jackson (IL) Richmond the concurrence of the House is re- Castor (FL) Jackson Lee Ross (AR) (4) COMMITTEE ON THE BUDGET.—Mr. Ryan Chandler (TX) Rothman (NJ) of Wisconsin, Chairman. quested: Chu Johnson (GA) Roybal-Allard (5) COMMITTEE ON EDUCATION AND THE WORK- S. Con. Res. 1. Concurrent resolution pro- Cicilline Johnson, E. B. Ruppersberger FORCE.—Mr. Kline, Chairman. viding for a conditional recess or adjourn- Clarke (MI) Kaptur Rush (6) COMMITTEE ON ENERGY AND COMMERCE.— ment of the Senate and an adjournment of Clarke (NY) Keating Ryan (OH) Mr. Upton, Chairman. the House of Representatives. Clay Kildee Sa´ nchez, Linda (7) COMMITTEE ON ETHICS.—Mr. Bonner, Cleaver Kind T. The message also announced that Clyburn Kissell Sanchez, Loretta Chairman; Mr. McCaul; Mr. Conaway; Mr. Dent; and Mr. Harper. pursuant to Public Law 95–521, the Cohen Kucinich Sarbanes Chair, on behalf of the President pro Connolly (VA) Langevin Schakowsky (8) COMMITTEE ON FINANCIAL SERVICES.—Mr. Conyers Larsen (WA) Schiff Bachus, Chairman. tempore, appoints Morgan J. Frankel Cooper Larson (CT) Schrader (9) COMMITTEE ON FOREIGN AFFAIRS.—Ms. as Senate Legal Counsel for a term of Costa Lee (CA) Schwartz Ros-Lehtinen, Chairman. service to expire at the end of the 113th Costello Levin Scott (VA) (10) COMMITTEE ON HOMELAND SECURITY.— Courtney Lewis (GA) Scott, David Congress. Critz Lipinski Serrano Mr. King of New York, Chairman. The message also announced that Crowley Loebsack Sewell (11) COMMITTEE ON HOUSE ADMINISTRA- pursuant to Public Law 91–521, the TION.—Mr. Daniel E. Lungren of California, Cuellar Lofgren, Zoe Sherman Chair, on behalf of the President pro Cummings Lowey Shuler Chairman; Mr. Harper; Mr. Gingrey of Geor- Davis (CA) Luja´ n Sires gia; Mr. Schock; Mr. Rokita; and Mr. tempore, appoints Patricia Mack Davis (IL) Lynch Slaughter Nugent. Bryan as Deputy Senate Legal Counsel DeGette Maloney Smith (WA) (12) COMMITTEE ON THE JUDICIARY.—Mr. for a term of service to expire at the DeLauro Markey Speier Deutch Matheson Stark Smith of Texas, Chairman. end of the 113th Congress. Dicks Matsui Sutton (13) COMMITTEE ON NATURAL RESOURCES.— f Dingell McCarthy (NY) Thompson (CA) Mr. Hastings of Washington, Chairman. Doggett McCollum Thompson (MS) (14) COMMITTEE ON OVERSIGHT AND GOVERN- ELECTING MEMBERS TO CERTAIN Donnelly (IN) McDermott Tierney MENT REFORM.—Mr. Issa, Chairman. STANDING COMMITTEES OF THE Doyle McGovern Tonko (15) COMMITTEE ON RULES.—Mr. Dreier, HOUSE OF REPRESENTATIVES Edwards McIntyre Towns Chairman; Mr. Sessions; Ms. Foxx; Mr. Ellison McNerney Tsongas Woodall; Mr. Nugent; Mr. Scott of South Mr. CAPUANO. Madam Speaker, by Engel Meeks Van Hollen direction of the Democratic Caucus, I Eshoo Michaud Vela´ zquez Carolina; and Mr. Webster. Farr Miller (NC) Visclosky (16) COMMITTEE ON SCIENCE, SPACE, AND offer a privileged resolution and ask Fattah Miller, George Walz (MN) TECHNOLOGY.—Mr. Hall, Chairman. for its immediate consideration.

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H28 CONGRESSIONAL RECORD — HOUSE January 5, 2011 The Clerk read the resolution, as fol- Richard Meltzer, Wyndee Parker, Wendell make appointments authorized by law lows: Primus, and Nadeam Elshami, each to re- or by the House. ceive gross compensation pursuant to the H. RES. 7 The SPEAKER pro tempore. Is there provisions of House Resolution 119, Ninety- objection to the request of the gen- Resolved, That the following named Mem- fifth Congress, as enacted into permanent bers be and are hereby elected to the fol- law by section 115 of Public Law 95–94. In ad- tleman from Virginia? lowing standing committees of the House of dition, the Minority Leader may appoint and There was no objection. Representatives: set the annual rate of pay for up to 3 further f (1) COMMITTEE ON AGRICULTURE.—Mr. Pe- minority employees. terson of Minnesota. GRANTING MEMBERS OF THE (2) COMMITTEE ON APPROPRIATIONS.—Mr. The resolution was agreed to. HOUSE PRIVILEGE TO EXTEND Dicks. A motion to reconsider was laid on REMARKS AND INCLUDE EXTRA- (3) COMMITTEE ON ARMED SERVICES.—Mr. the table. NEOUS MATERIAL IN THE CON- Smith of Washington. f GRESSIONAL RECORD DURING (4) COMMITTEE ON THE BUDGET.—Mr. Van THE 112TH CONGRESS Hollen. DAILY HOUR OF MEETING Mr. CANTOR. Madam Speaker, I ask (5) COMMITTEE ON EDUCATION AND THE WORK- Mr. DREIER. Madam Speaker, let me unanimous consent that during the FORCE.—Mr. George Miller of California. first say it is great to see you presiding (6) COMMITTEE ON ENERGY AND COMMERCE.— 112th Congress, all Members be per- over this great deliberative body. Mr. Waxman. mitted to extend their remarks and to I offer a privileged resolution and ask (7) COMMITTEE ON FINANCIAL SERVICES.—Mr. include extraneous material within the for its immediate consideration. Frank of Massachusetts. permitted limit in that section of the (8) COMMITTEE ON FOREIGN AFFAIRS.—Mr. The Clerk read the resolution, as fol- RECORD entitled ‘‘Extensions of Re- Berman. lows: (9) COMMITTEE ON HOMELAND SECURITY.— marks.’’ H. RES. 10 Mr. Thompson of Mississippi. The SPEAKER pro tempore. Is there (10) COMMITTEE ON HOUSE ADMINISTRA- Resolved, That unless otherwise ordered, objection to the request of the gen- before Tuesday, February 1, 2011, the hour of TION.—Mr. Brady of Pennsylvania. tleman from Virginia? daily meeting of the House shall be 2 p.m. on (11) COMMITTEE ON THE JUDICIARY.—Mr. There was no objection. Mondays; noon on Tuesdays; 10 a.m. on Conyers. f (12) COMMITTEE ON NATURAL RESOURCES.— Wednesdays and Thursdays; and 9 a.m. on all Mr. Markey. other days of the week; and from Tuesday, b 1740 February 1, 2011, until the end of the first (13) COMMITTEE ON OVERSIGHT AND GOVERN- MAKING IN ORDER MORNING-HOUR MENT REFORM.—Mr. Cummings. session, the hour of daily meeting of the (14) COMMITTEE ON RULES.—Ms. Slaughter, House shall be 2 p.m. on Mondays; noon on DEBATE Mr. McGovern, Mr. Hastings of Florida, and Tuesdays (or 2 p.m. if no legislative business Mr. CANTOR. Madam Speaker, I ask was conducted on the preceding Monday); Mr. Polis. unanimous consent that during the (15) COMMITTEE ON SCIENCE, SPACE, AND noon on Wednesdays and Thursdays; and 9 a.m. on all other days of the week. first session of the 112th Congress: TECHNOLOGY.—Ms. Eddie Bernice Johnson of (1) on legislative days of Monday or Texas. The resolution was agreed to. Tuesday when the House convenes pur- (16) COMMITTEE ON SMALL BUSINESS.—Ms. A motion to reconsider was laid on suant to House Resolution 10, the Vela´ zquez. the table. (17) COMMITTEE ON TRANSPORTATION AND IN- House shall convene 2 hours earlier FRASTRUCTURE.—Mr. Rahall. f than the time otherwise established by (18) COMMITTEE ON VETERANS’ AFFAIRS.— REGARDING CONSENT TO ASSEM- the resolution for the purpose of con- Mr. Filner. BLE OUTSIDE THE SEAT OF GOV- ducting morning-hour debate; (19) COMMITTEE ON WAYS AND MEANS.—Mr. ERNMENT (2) on legislative days of Wednesday Levin. or Thursday beginning on February 1, Mr. CAPUANO (during the reading). Mr. DREIER. Madam Speaker, I offer 2011, when the House convenes pursu- Madam Speaker, I ask unanimous con- a privileged concurrent resolution and ant to House Resolution 10, the House sent that the resolution be considered ask for its immediate consideration. shall convene 2 hours earlier than the as read and printed in the RECORD. The Clerk read the concurrent reso- time otherwise established by the reso- The SPEAKER pro tempore. Is there lution, as follows: lution for the purpose of conducting objection to the request of the gen- H. CON. RES. 1 morning-hour debate; tleman from Massachusetts? Resolved by the House of Representatives (the (3) when the House convenes pursu- There was no objection. Senate concurring), That pursuant to clause 4, ant to an order other than H. Res. 10, The resolution was agreed to. section 5, article I of the Constitution, dur- the House shall convene for the pur- A motion to reconsider was laid on ing the One Hundred Twelfth Congress the pose of conducting morning-hour de- Speaker of the House and the Majority Lead- the table. er of the Senate or their respective des- bate only as prescribed by such order; f ignees, acting jointly after consultation with (4) the time for morning-hour debate the Minority Leader of the House and the shall be allocated equally between the PROVIDING FOR THE DESIGNA- Minority Leader of the Senate, may notify parties and may not continue beyond TION OF CERTAIN MINORITY EM- the Members of the House and the Senate, 10 minutes before the hour appointed PLOYEES respectively, to assemble at a place outside for the resumption of the session of the the District of Columbia if, in their opinion, House; and Mr. CAPUANO. Madam Speaker, I the public interest shall warrant it. offer a resolution and ask unanimous (5) the form of proceeding for morn- consent for its immediate consider- The concurrent resolution was agreed ing-hour debate shall be as follows: ation. to. (a) the prayer by the Chaplain, the The Clerk read the title of the resolu- A motion to reconsider was laid on approval of the Journal, and the Pledge tion. the table. of Allegiance to the flag shall be post- The SPEAKER pro tempore. Is there f poned until resumption of the session objection to the request of the gen- of the House; AUTHORIZING SPEAKER, MAJOR- (b) initial and subsequent recogni- tleman from Massachusetts? ITY LEADER, AND MINORITY There was no objection. tions for debate shall alternate be- LEADER TO ACCEPT RESIGNA- tween the parties; The text of the resolution is as fol- TIONS AND MAKE APPOINT- lows: (c) recognition shall be conferred by MENTS DURING THE 112TH CON- the Speaker only pursuant to lists sub- H. RES. 8 GRESS mitted by the majority leader and by Resolved, That pursuant to the Legislative Mr. CANTOR. Madam Speaker, I ask the minority leader; Pay Act of 1929, as amended, the six minor- ity employees authorized therein shall be the unanimous consent that during the (d) no Member may address the following named persons, effective January 112th Congress, the Speaker, majority House for longer than 5 minutes, ex- 3, 2011, until otherwise ordered by the House, leader and minority leader be author- cept the majority leader, the minority to-wit: John Lawrence, George Kundanis, ized to accept resignations and to leader, or the minority whip;

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 5, 2011 CONGRESSIONAL RECORD — HOUSE H29 (e) no legislative business shall be in ANNOUNCEMENT BY THE SPEAKER WITH RESPECT These restrictions shall not apply to attend- order except the filing of privileged re- TO STAFF ance at joint meetings or joint sessions, ports; and Rule IV strictly limits those persons to Former Members’ Day proceedings, edu- (f) following morning-hour debate, whom the privileges of the floor during ses- cational tours, and other occasions as the sions of the House are extended, and that Speaker may designate. the Chair shall declare a recess pursu- Members who have reason to know that a rule prohibits the Chair from entertaining ant to clause 12(a) of rule I until the person is on the floor inconsistent with requests for suspension or waiver of that time appointed for the resumption of clause 4 of rule IV should notify the Ser- rule. As reiterated by the Chair on January geant-at-Arms promptly. the session of the House. 21, 1986, January 3, 1985, January 25, 1983, and The SPEAKER pro tempore. Is there August 22, 1974, and as stated in Chapter 10, 2. INTRODUCTION OF BILLS AND RESOLUTIONS objection to the request of the gen- section 2, of House Practice, the rule strictly The policy that the Chair announced on tleman from Virginia? limits the number of committee staff on the January 3, 1983, with respect to the introduc- There was no objection. floor at one time during the consideration of tion and reference of bills and resolutions will continue to apply in the 112th Congress. f measures reported from their committees. This permission does not extend to Members’ The Chair has advised all officers and em- REPORT OF COMMITTEE TO personal staff except when a Member’s ployees of the House who are involved in the NOTIFY THE PRESIDENT amendment is actually pending during the processing of bills that every bill, resolution, memorial, petition or other material that is Mr. CANTOR. Madam Speaker, your five-minute rule. It also does not extend to personal staff of Members who are sponsors placed in the hopper must bear the signature committee appointed on the part of the of a Member. Where a bill or resolution is of pending bills or who are engaging in spe- House to join a like committee on the jointly sponsored, the signature must be cial orders. The Chair requests the coopera- that of the Member first named thereon. The part of the Senate to notify the Presi- tion of all Members and committee staff to bill clerk is instructed to return to the Mem- dent of the United States that a assure that only the proper number of staff ber any bill which appears in the hopper quorum of each House has been assem- are on the floor, and then only during the bled and is ready to receive any com- without an original signature. This proce- consideration of measures within the juris- dure was inaugurated in the 92d Congress. It munication that he may be pleased to diction of their committees. The Chair is has worked well, and the Chair thinks that it make has performed that duty. making this statement and reiterating this is essential to continue this practice to in- policy because of Members’ past insistence f sure the integrity of the process by which upon strict enforcement of the rule. The legislation is introduced in the House. ANNOUNCEMENT BY THE SPEAKER Chair requests each committee chair, and 3. UNANIMOUS-CONSENT REQUESTS FOR THE PRO TEMPORE each ranking minority member, to submit to CONSIDERATION OF LEGISLATION The SPEAKER pro tempore. Under the Speaker a list of those staff who are al- lowed on the floor during the consideration The policy the Chair announced on Janu- clause 5(d) of rule XX, the Chair an- of a measure reported by their committee. ary 6, 1999, with respect to recognition for nounces to the House that the whole The Sergeant-at-Arms, who has been di- unanimous-consent requests for the consid- number of the House is 434. rected to assure proper enforcement of rule eration of certain legislative measures will continue to apply in the 112th Congress. The f IV, will keep the list. Each staff person should exchange his or her ID for a ‘‘com- Speaker will continue to follow the guide- ANNOUNCEMENT BY THE SPEAKER mittee staff’’ badge, which is to be worn lines recorded in section 956 of the House PRO TEMPORE while on the floor. The Chair has consulted Rules and Manual conferring recognition for with the Minority Leader and will continue unanimous-consent requests for the consid- The SPEAKER pro tempore. The eration of bills, resolutions, and other meas- to consult with him. Chair customarily takes this occasion ures only when assured that the majority Furthermore, as the Chair announced on at the outset of a Congress to announce and minority floor leadership and the rel- January 7, 2003, in accordance with the evant committee chairs and ranking minor- her policies with respect to particular change in the 108th Congress of clause 2(a) of ity members have no objection. Consistent aspects of the legislative process. The rule IV regarding leadership staff floor ac- with those guidelines, and with the Chair’s Chair will insert in the RECORD an- cess, only designated staff approved by the inherent power of recognition under clause 2 nouncements concerning: Speaker shall be granted the privilege of the of rule XVII, the Chair, and any occupant of floor. The Speaker intends that his approval first, privileges of the floor; the chair appointed as Speaker pro tempore be narrowly granted on a bipartisan basis to second, introduction of bills and reso- pursuant to clause 8 of rule I, will decline lutions; staff from the majority and minority side recognition for the unanimous-consent re- third, unanimous-consent requests and only to those staff essential to floor ac- quests chronicled in section 956 without as- for the consideration of legislation; tivities. surances that the request has been so fourth, recognition for 1-minute ANNOUNCEMENT BY THE SPEAKER WITH RESPECT cleared. This denial of recognition by the speeches; TO FORMER MEMBERS Chair will not reflect necessarily any per- fifth, recognition for Special Order The Speaker’s policy announced on Feb- sonal opposition on the part of the Chair to speeches; ruary 1, 2006, will continue to apply in the orderly consideration of the matter in ques- sixth, decorum in debate; 112th Congress. tion, but will reflect the determination upon the part of the Chair that orderly procedures seventh, conduct of votes by elec- ANNOUNCEMENT BY THE SPEAKER, FEBRUARY 1, will be followed; that is, procedures involv- tronic device; 2006 eighth, use of handouts on the House ing consultation and agreement between The SPEAKER. The House has adopted a floor and committee leadership on both sides floor; revision to the rule regarding the admission of the aisle. ninth, use of electronic equipment on to the floor and the rooms leading thereto. 4. RECOGNITION FOR ONE-MINUTE SPEECHES the House floor; and Clause 4 of rule IV provides that a former tenth, use of the Chamber. Member, Delegate or Resident Commissioner ANNOUNCEMENT BY THE SPEAKER WITH RESPECT TO ONE-MINUTE SPEECHES These announcements, where appro- or a former Parliamentarian of the House, or priate, will reiterate the origins of the a former elected officer of the House or a The Speaker’s policy announced on August former minority employee nominated as an 8, 1984, with respect to recognition for one- stated policies. The Chair intends to minute speeches will apply during the 112th continue in the 112th Congress the poli- elected officer of the House shall not be enti- tled to the privilege of admission to the Hall Congress. The Chair will alternate recogni- cies reflected in these statements. The of the House and the rooms extending there- tion for one-minute speeches between major- policy announced in the 102nd Congress to if he or she is a registered lobbyist or an ity and minority Members, in the order in with respect to jurisdictional concepts agent of a foreign principal; has any direct which they seek recognition in the well related to clause 5(a) of rule XXI—tax personal pecuniary interest in any legisla- under present practice from the Chair’s right and tariff measures—will continue to tive measure pending before the House, or re- to the Chair’s left, with possible exceptions for Members of the leadership and Members govern but need not be reiterated, as it ported by a committee; or is in the employ of or represents any party or organization for having business requests. The Chair, of is adequately documented as precedent course, reserves the right to limit one- in the House Rules and Manual. the purpose of influencing, directly or indi- rectly, the passage, defeat, or amendment of minute speeches to a certain period of time Without objection, the announce- any legislative proposal. or to a special place in the program on any given day, with notice to the leadership. ments will be printed in the RECORD. This restriction extends not only to the There was no objection. House floor but adjacent rooms, the cloak- 5. RECOGNITION FOR SPECIAL-ORDER SPEECHES 1. PRIVILEGES OF THE FLOOR rooms and the Speaker’s lobby. ANNOUNCEMENT BY THE SPEAKER WITH RESPECT The Chair will make the following an- Clause 4 of rule IV also allows the Speaker TO SPECIAL-ORDER SPEECHES nouncements regarding floor privileges, to exempt ceremonial and educational func- The Speaker’s policy with regard to spe- which will apply during the 112th Congress. tions from the restrictions of this clause. cial-order speeches announced on February

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H30 CONGRESSIONAL RECORD — HOUSE January 5, 2011 11, 1994, as clarified and reiterated by subse- Member speaking from the well; to refrain in debate or inserted in the Record. Failure quent Speakers, will continue to apply in the from smoking in the Chamber; to wear ap- to comply with this admonition may con- 112th Congress, with the following modifica- propriate business attire in the Chamber; stitute a breach of decorum and may give tions. and to generally display the same degree of rise to a question of privilege. The Chair may recognize Members for spe- respect to the Chair and other Members that The Chair would also remind Members cial-order speeches for up to 4 hours. Such every Member is due. that, pursuant to clause 5 of rule IV, staff is speeches may not extend beyond the 4-hour The Chair would like all Members to be on prohibited from engaging in efforts in the limit without the permission of the Chair, notice that the Chair intends to strictly en- Hall of the House or rooms leading thereto which may be granted only with advance force time limitations on debate. Further- to influence Members with regard to the leg- consultation between the leaderships and no- more, the Chair has the authority to imme- islation being amended. Staff cannot dis- tification to the House. However, the Chair diately interrupt Members in debate who tribute handouts. will not recognize for any special-order transgress rule XVII by failing to avoid ‘‘per- In order to enhance the quality of debate speeches beyond 10 o’clock in the evening. sonalities’’ in debate with respect to ref- in the House, the Chair would ask Members The 4-hour limitation will be divided be- erences to the Senate, the President, and to minimize the use of handouts. tween the majority and minority parties. other Members, rather than wait for Mem- 9. USE OF ELECTRONIC EQUIPMENT ON HOUSE Each party is entitled to reserve its first bers to complete their remarks. FLOOR hour for respective leaderships or their des- Finally, it is not in order to speak dis- The Speaker’s policy announced on Janu- ignees. The second hour reserved to each respectfully of the Speaker; and under the ary 27, 2000, as clarified on January 6, 2009, party will be divided into two 30-minute peri- precedents the sanctions for such violations and as modified by the change in clause 5 of ods. Recognition for one-hour periods and for transcend the ordinary requirements for rule XVII in the 112th Congress, will con- 30-minute periods will alternate initially and timeliness of challenges. This separate treat- tinue in the 112th Congress, with the fol- subsequently between the parties each day. ment is recorded in volume 2 of Hinds’ Prece- lowing modifications. All Members and staff The allocation of time within each party’s dents, at section 1248 and was reiterated on are reminded of the absolute prohibition 2-hour period (or shorter period if prorated January 19, 1995. contained in clause 5 of rule XVII against to end by 10 p.m.) will be determined by a 7. CONDUCT OF VOTES BY ELECTRONIC DEVICE the use of mobile electronic devices that im- list submitted to the Chair by the respective The Speaker’s policy announced on Janu- pair decorum. Those devices include wireless leaderships. Members may not sign up with ary 4, 1995, with respect to the conduct of telephones and personal computers. The their leadership for any special-order speech- electronic votes will continue in the 112th Chair wishes to note that electronic tablet es earlier than one week prior to the special Congress with modifications as follows. devices do not constitute personal computers order. Additional guidelines may be estab- As Members are aware, clause 2(a) of rule within the meaning of this policy and thus lished for such sign-ups by the respective XX provides that Members shall have not may be unobtrusively used in the Chamber. leaderships. less than 15 minutes in which to answer an No device may be used for still photography Before February 1, 2011, the Chair may rec- ordinary record vote or quorum call. The or for audio or video recording. ognize Members for 5-minute special-order rule obviously establishes 15 minutes as a The Chair requests all Members and staff speeches following the conclusion of legisla- minimum. Still, with the cooperation of the wishing to receive or make wireless tele- tive business, alternating initially and sub- Members, a vote can easily be completed in phone calls to do so outside of the Chamber. sequently between the parties regardless of that time. The events of October 30, 1991, The Chair further requests that all Members the date the order was granted by the House. stand out as proof of this point. On that oc- and staff refrain from wearing telephone The Chair may then recognize Members for casion, the House was considering a bill in headsets in the Chamber and to deactivate longer special-order speeches. A Member rec- the Committee of the Whole under a special any audible ring of wireless phones before ognized for a 5-minute special-order speech rule that placed an overall time limit on the entering the Chamber. To this end, the Chair insists upon the cooperation of all Members may not be recognized for a longer special- amendment process, including the time con- and staff and instructs the Sergeant-at- order speech. sumed by record votes. The Chair announced, Arms, pursuant to clause 3(a) of rule II and Pursuant to clause 2(a) of rule V, the tele- and then strictly enforced, a policy of clos- clause 5 of rule XVII, to enforce this prohibi- vision cameras will not pan the Chamber, ing electronic votes as soon as possible after tion. but a ‘‘crawl’’ indicating the conduct of the guaranteed period of 15 minutes. Mem- morning-hour debate or that the House has bers appreciated and cooperated with the 10. USE OF CHAMBER completed its legislative business and is pro- Chair’s enforcement of the policy on that oc- The Speaker’s policy announced on Janu- ceeding with special-order speeches will ap- casion. ary 6, 2009, with respect to use of the Cham- pear on the screen. The Chair may announce The Chair desires that the example of Oc- ber will continue in the 112th Congress with other adaptations during this period. tober 30, 1991, be made the regular practice of modifications as follows. The continuation of this format for rec- the House. To that end, the Chair enlists the The Chair will announce to the House the ognition by the Speaker is without prejudice assistance of all Members in avoiding the un- policy of the Speaker concerning appropriate to the Speaker’s ultimate power of recogni- necessary loss of time in conducting the comportment in the chamber when the tion under clause 2 of rule XVII and includes business of the House. The Chair encourages House is not in session. the ability to withdraw recognition for all Members to depart for the Chamber Under clause 3 of rule I, the Speaker is re- longer special-order speeches should cir- promptly upon the appropriate bell and light sponsible to control the Hall of the House. cumstances warrant. signal. As in recent Congresses, the cloak- Under clause 1 of rule IV, the Hall of the House is to be used only for the legislative 6. DECORUM IN DEBATE rooms should not forward to the Chair re- business of the House, for caucus and con- quests to hold a vote by electronic device, The Chair’s announced policies of January ference meetings of its Members, and for but should simply apprise inquiring Members 7, 2003, January 4, 1995, and January 3, 1991, such ceremonies as the House might agree to of the time remaining on the voting clock. will apply in the 112th Congress. It is essen- conduct there. tial that the dignity of the proceedings of Members should not rely on signals relayed When the House stands adjourned, its the House be preserved, not only to assure from outside the Chamber to assume that chamber remains on static display. It may that the House conducts its business in an votes will be held open until they arrive in accommodate visitors in the gallery or on orderly fashion but also to permit Members the Chamber. Members will be given a rea- the floor, subject to the needs of those who to properly comprehend and participate in sonable amount of time in which to accu- operate, maintain, and secure the chamber the business of the House. To this end, and in rately record their votes. No occupant of the to go about their ordinary business. Because order to permit the Chair to understand and Chair would prevent a Member who is in the outside ‘‘coverage’’ of the chamber is limited to correctly put the question on the numer- well before the announcement of the result to floor proceedings and is allowed only by ous requests that are made by Members, the from casting his or her vote. The Speaker be- accredited journalists, when the chamber is Chair requests that Members and others who lieves the best practice for presiding officers on static display no audio and video record- have the privileges of the floor desist from is to await the Clerk’s certification that a ing or transmitting devices are allowed. The audible conversation in the Chamber while vote tally is complete and accurate. long custom of disallowing even still photog- the business of the House is being conducted. 8. USE OF HANDOUTS ON HOUSE FLOOR raphy in the chamber is based at least in The Chair would encourage all Members to The Speaker’s policy announced on Sep- part on the notion that an image having this review rule XVII to gain a better under- tember 27, 1995, which was prompted by a setting as its backdrop might be taken to standing of the proper rules of decorum ex- misuse of handouts on the House floor and carry the imprimatur of the House. pected of them, and especially: to avoid made at the bipartisan request of the Com- The imprimatur of the House adheres to ‘‘personalities’’ in debate with respect to ref- mittee on Standards of Official Conduct, will the Journal of its proceedings, which is kept erences to other Members, the Senate, and continue in the 112th Congress. All handouts pursuant to the Constitution. The impri- the President; to address the Chair while distributed on or adjacent to the House floor matur of the House adheres to the Congres- standing and only during, and not beyond, by Members during House proceedings must sional Record, which is kept as a substan- the time recognized, and not to address the bear the name of the Member authorizing tially verbatim transcript pursuant to clause television or other imagined audience; to re- their distribution. In addition, the content of 8 of rule XVII. The imprimatur of the House frain from passing between the Chair and a those materials must comport with stand- adheres to the audio and visual trans- Member speaking, or directly in front of a ards of propriety applicable to words spoken missions and recordings that are made and

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But the current Congress as may contemplate my first; and when the House adjourns on any imprimatur of the House may not be appro- designation of Members to act in similar cir- legislative day from Wednesday, January 26, priated to other, ad hoc accounts or composi- cumstances, I hereby designate Representa- 2011, through Friday, January 28, 2011, on a tions of events in its chamber. tive Eric Cantor of Virginia to act jointly motion offered pursuant to this concurrent f with the Majority Leader of the Senate or resolution by its Majority Leader or his des- his designee, in the event of my death or in- ignee, it stand adjourned until 2 p.m. on APPOINTMENT—HOUSE OFFICE ability, to notify the Members of the House Tuesday, February 8, 2011 or until the time BUILDING COMMISSION and the Senate, respectively, or any re- of any reassembly pursuant to section 3 of The SPEAKER pro tempore. Pursu- assembly under any such concurrent resolu- this concurrent resolution, whichever occurs ant to 2 U.S.C. 2001, and the order of tion. In the event of the death or inability of first. the House of today, the Chair an- that designee, the alternate Members of the SEC. 2. (a) The Majority Leader of the Sen- House listed in the letter bearing this date ate, or his designee, after consultation with nounces the Speaker’s appointment of that I have placed with the Clerk are des- the gentleman from Virginia (Mr. CAN- the Minority Leader of the Senate, or his ignated, in turn, for the same purposes. designee, shall notify the Members of the TOR) and the gentlewoman from Cali- Sincerely, Senate to reassemble at such place and time fornia (Ms. PELOSI) as members of the JOHN A. BOEHNER, as he may designate if, in his opinion, the House Office Building Commission to Speaker. public interest shall warrant it. serve with himself. f (b) After reassembling pursuant to sub- f ANNOUNCEMENT BY THE SPEAKER section (a), when the Senate recesses or ad- journs on a motion offered pursuant to this APPORTIONMENT POPULATION PRO TEMPORE AND NUMBER OF REPRESENTA- subsection by its Majority Leader or his des- The SPEAKER pro tempore. The ignee, the Senate shall again stand recessed TIVES, BY STATE: 2010 CENSUS— Chair announces that the Speaker has or adjourned pursuant to the first section of MESSAGE FROM THE PRESIDENT delivered to the Clerk a letter dated this concurrent resolution. OF THE UNITED STATES (H. DOC. January 5, 2011, listing Members in the SEC. 3. The Speaker or his designee, after NO. 112–5) order in which each shall act as Speak- consultation with the Minority Leader of the The SPEAKER pro tempore laid be- er pro tempore under clause 8(b)(3) of House, shall notify Members of the House to reassemble at such place and time as he may fore the House the following message rule I. from the President of the United designate if, in his opinion, the public inter- States; which was read and referred to f est shall warrant it. the Committees on the Judiciary and PROVIDING FOR A CONDITIONAL The concurrent resolution was con- Oversight and Government Reform and RECESS OR ADJOURNMENT OF curred in. ordered to be printed: THE SENATE AND AN ADJOURN- A motion to reconsider was laid on To the Congress of the United States: MENT OF THE HOUSE OF REP- the table. Pursuant to title 2, United States RESENTATIVES Code, section 2a(a), I transmit herewith The SPEAKER pro tempore laid be- the statement showing the apportion- f fore the House the following privileged ment population for each State as of April 1, 2010, and the number of Rep- concurrent resolution: LEAVE OF ABSENCE resentatives to which each State would S. CON. RES. 1 By unanimous consent, leave of ab- be entitled. Resolved by the Senate (the House of Rep- sence was granted to: . resentatives concurring), That (a) when the THE , January 5, 2011. Senate adjourns or recesses on any day from Mr. DEFAZIO (at the request of Ms. Wednesday, January 5, 2011, through Mon- f PELOSI) for today on account of official day, January 10, 2011, on a motion offered business in the district. RECALL DESIGNEE pursuant to this concurrent resolution by its Majority Leader or his designee, it stand ad- The SPEAKER pro tempore laid be- journed or recessed until 10 a.m. on Tuesday, f fore the House the following commu- January 25, 2011, or until the time of any re- nication from the Speaker of the House assembly pursuant to section 2 of this con- ADJOURNMENT of Representatives: current resolution, whichever occurs first; THE SPEAKER’S ROOMS, and Ms. FOXX. Madam Speaker, I move HOUSE OF REPRESENTATIVES, (b) when the House adjourns on the legisla- that the House do now adjourn. Washington, DC, January 5, 2011. tive day of Wednesday, January 12, 2011, on a The motion was agreed to; accord- motion offered pursuant to this concurrent Hon. KAREN L. HAAS, ingly (at 5 o’clock and 50 minutes Clerk of the House of Representatives, The Cap- resolution by its Majority Leader or his des- itol, Washington, DC. ignee, it stand adjourned until 2 p.m. on p.m.), the House adjourned until to- DEAR MADAM CLERK: Pursuant to House Tuesday, January 18, 2011, or until the time morrow, Thursday, January 6, 2011, at Concurrent Resolution 1, and also for pur- of any reassembly pursuant to section 3 of 10 a.m. PROCEEDINGS OF THE HOUSE OF REPRESENTATIVES AFTER SINE DIE ADJOURNMENT OF THE 111TH CONGRESS 2D SESSION AND FOLLOWING PUBLI- CATION OF THE FINAL EDITION OF THE CON- GRESSIONAL RECORD OF THE 111TH CONGRESS 2D SESSION

BILLS PRESENTED TO THE PRESI- the United States, for his approval, the personnel strengths for such fiscal year, and DENT AFTER SINE DIE AD- following bills. for other purposes. H.R. 2751. To amend the Federal Food, JOURNMENT H.R. 6523. To authorize appropriations for Drug, and Cosmetic Act with respect to the Lorraine C. Miller, Clerk of the fiscal year 2011 for military activities of the safety of the food supply. Department of Defense, for military con- H.R. 5809. To amend the Energy Policy Act House reports that on December 29, of 2005 to reauthorize and modify provisions struction, and for defense activities of the 2010 she presented to the President of relating to the diesel emissions reduction Department of Energy, to prescribe military program.

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To require quarterly perform- Emergencies Act, 50 U.S.C. 1641(c), and sec- sistant Attorney General, Civil Rights Divi- ance assessments of Government programs tion 204(c) of the International Emergency sion, Department of Justice, transmitting for purposes of assessing agency performance Economic Powers Act, 50 U.S.C. 1703(c), and the Department’s ‘‘Major’’ final rule — Non- and improvement, and to establish agency pursuant to Executive Order 13313 of July 31, discrimination on the Basis of Disability in performance improvement officers and the 2003, a six-month periodic report on the na- State and Local Government Services [CRT Performance Improvement Council. tional emergency with respect to the West- Docket No.: 105; AG Order No. 3180-2010] ern Balkans that was declared in Executive (RIN: 1190-AA46) received December 30, 2010, f Order 13219 of June 26, 2001, pursuant to 50 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- EXECUTIVE COMMUNICATIONS, U.S.C. 1641(c); to the Committee on Foreign mittee on the Judiciary. ETC. Affairs. 22. A letter from the Assistant Secretary, 11. A letter from the Assistant Secretary, Legislative Affairs, Department of State, Under clause 2 of rule XIV, executive Legislative Affairs, Deaprtment of State, transmitting the Department’s final rule — communications were taken from the transmitting Transmittal No. DDTC 10-108, Visas: Waiver for Ineligible Nonimmigrants Speaker’s table and referred as follows: pursuant to the reporting requirements of under INA 212(d)(3)(A), As Amended; Appli- 1. A letter from the Assistant Secretary, Section 36(c) of the Arms Export Control cants Ineligible Under INA 212(a)(3)(E)(iii) Department of Defense, transmitting a re- Act; to the Committee on Foreign Affairs. [Public Notice:] received January 3, 2011, port on Department of Defense counter-ter- 12. A letter from the Assistant Secretary pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- rorism activities, pursuant to Public Law for Export Administration, Department of mittee on the Judiciary. 111-84, section 1022; to the Committee on Commerce, transmitting the Department’s 23. A letter from the Secretary, Judical Armed Services. final rule — Publicly Available Mass Market Conference of the United States, transmit- 2. A letter from the Director, Defense Pro- Encryption Software and Other Specified ting a letter on the adequacy of the rules curement and Acquisition Policy, Depart- Publicly Available Encryption Software in prescribed by the Supreme Court to protect ment of Defense, transmitting the Depart- Object Code [Docket No.: 100108014-0121-01] privacy and address security concerns relat- ment’s final rule — Defense Federal Acquisi- (RIN: 0694-AE82) received January 3, 2011, ing to electronically filed documents in the tion Regulation Supplement; Foreign Par- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- federal courts, pursuant to Public Law 107– ticipation in Acquisitions in Support of mittee on Foreign Affairs. 347, section 205(c)(3)(C); to the Committee on 13. A letter from the Assistant Secretary, Operatons in Afghanistan (DFARS Case 2009- the Judiciary. Legislative Affairs, Department of State, D012) (RIN: 0750-AG80) received January 3, 24. A letter from the Deputy Assistant Sec- transmitting the Department’s annual re- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the retary for Import Administration, Depart- port on foreign military or defense ministry Committee on Armed Services. ment of Commerce, transmitting the Depart- civilian involvement in the International 3. A letter from the General Counsel, Fed- ment’s annual report for fiscal year 2009 on Military Education and Training (IMET) eral Housing Finance Agency, transmitting the activities of the Foreign-Trade Zones program, pursuant to Section 549 of the For- the Agency’s final rule — Minority and Board, pursuant to 19 U.S.C. 81p(c); to the eign Assistance Act of 1961, as amended; to Women Inclusion (RIN: 2590-AA28) received Committee on Ways and Means. the Committee on Foreign Affairs. January 3, 2011, pursuant to 5 U.S.C. 14. A letter from the Assistant Secretary, 801(a)(1)(A); to the Committee on Financial f Legislative Affairs, Department of State, Services. transmitting Transmittal No. DDTC 10-120, 4. A letter from the General Counsel, Fed- pursuant to the reporting requirements of REPORTS OF COMMITTEES ON eral Housing Finance Agency, transmitting Section 36(c) of the Arms Export Control PUBLIC BILLS AND RESOLUTIONS the Agency’s final rule — Portfolio Holdings Act; to the Committee on Foreign Affairs. Under clause 2 of rule XIII, reports of (RIN: 2590-AA22) received January 3, 2011, 15. A letter from the Inspector General, De- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- committees were delivered to the Clerk partment of the Treasury, transmitting a re- for printing and reference to the proper mittee on Financial Services. port to Congress entitled ‘‘Significant Prob- 5. A letter from the General Counsel, Fed- lems Still Exist With Internal Revenue Serv- calendar, as follows: eral Housing Finance Agency, transmitting ice Efforts to Identify Prisoner Tax Refund [The following actions occurred on December 30, the Agency’s final rule — Federal Home Fraud’’, pursuant to Public Law 110–428; to 2010] Loan Bank Housing Goals (RIN: 2590-AA16) the Committee on Oversight and Govern- Mr. FILNER: Committee on Veterans’ Af- received January 3, 2011, pursuant to 5 U.S.C. ment Reform. fairs. Activities Report of the Committee on 801(a)(1)(A); to the Committee on Financial 16. A letter from the Senior Procurement Veterans’ Affairs, 111th Congress (Rept. 111– Services. Executive, General Services Administration, 697). Referred to the Committee of the Whole 6. A letter from the Secretary, Department transmitting the Administration’s final rule House on the State of the Union. of Health and Human Services, transmitting — Federal Acquisition Regulation; Federal Mr. GORDON of Tennessee: Committee on a report to Congress on Preventive and Obe- Acquisition Circular 2005-48; Introduction Science and Technology. Summary of Activi- sity-Related Services Available to Medicaid [Docket: FAR 2010-0076, Sequence 10] re- ties of the Committee on Science and Tech- Enrollees, pursuant to Public Law 111–148, ceived January 3, 2011, pursuant to 5 U.S.C. nology for the 111th Congress (Rept. 111–698). section 4004(i); to the Committee on Energy 801(a)(1)(A); to the Committee on Oversight Referred to the Committee of the Whole and Commerce. and Government Reform. House on the State of the Union. 7. A letter from the Program Manager, De- 17. A letter from the Administrator, Na- Mr. THOMPSON of Mississippi: Committee partment of Health and Human Services, tional Aeronautics and Space Administra- on Homeland Security. Report on Legislative transmitting the Department’s ‘‘Major’’ tion, transmitting the Administration’s Per- and Oversight Activities of the House Com- final rule — Medicaid Program; Final FY formance and Accountability Report for fis- mittee on Homeland Security for the 111th 2009 and Preliminary FY 2011 Dispropor- cal year 2010, pursuant to Public Law 106–531; Congress (Rept. 111–699). Referred to the tionate Share Hospital Allotments, and to the Committee on Oversight and Govern- Committee of the Whole House on the State Final FY 2009 and Preliminary FY 2011 Insti- ment Reform. of the Union. tutions for Mental Diseases Disproportionate 18. A letter from the Commissioner, Social Share Hospital Limits [CMS-2321-N] (RIN: Security Administration, transmitting the [The following actions occurred on January 3, 0938-AQ44) received December 30, 2010, pursu- semiannual report on the activities of the 2011] ant to 5 U.S.C. 801(a)(1)(A); to the Committee Office of Inspector General for the period Mr. OBEY: Committee on Appropriations. on Energy and Commerce. April 1, 2010 through September 30, 2010, pur- Report on Activities of the Committee on 8. A letter from the Secretary, Department suant to 5 U.S.C. app. (Insp. Gen. Act), sec- Appropriations, 111th Congress (Rept. 111– of Health and Human Services, transmitting tion 5(b); to the Committee on Oversight and 700). Referred to the Committee of the Whole a report to Congress on activities related to Government Reform. House on the State of the Union. the regulation of free samples of tobacco 19. A letter from the Assistant Attorney Mr. RAHALL: Committee on Natural Re- products; to the Committee on Energy and General, Department of Justice, transmit- sources. Report on Legislative and Oversight Commerce. ting annual report pursuant to the Military Activities of the Committee on Natural Re- 9. A letter from the Chief of Staff, Media and Overseas Voter Empowerment Act, pur- sources During the 111th Congress (Rept. 111– Bureau, Federal Communications suant to Public Law 111–84, section 587; to 701). Referred to the Committee of the Whole Commisson, transmitting the Commission’s the Committee on House Administration. House on the State of the Union. final rule — Amendment of Section 73.202(b), 20. A letter from the Clerk, U.S. House of Mr. FRANK of Massachusetts: Committee Table of Allotments, FM Broadcast Stations, Representatives, transmitting List of reports on Financial Services. Report on the Activ- (Pacific Junction, Iowa) [MB Docket No.: 10- pursuant to Clause 2(b), Rule II of the Rules ity of the Committee on Financial Services 108] received January 3, 2011, pursuant to 5 of the House of Representatives, pursuant to for the 111th Congress (Rept. 111–702). Re- U.S.C. 801(a)(1)(A); to the Committee on En- Rule II, clause 2(b), of the Rules of the ferred to the Committee of the Whole House ergy and Commerce. House; (H. Doc. No. 112–4); to the Committee on the State of the Union.

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Mr. PETERSON: Committee on Agri- Mr. DIAZ-BALART, Mr. DUNCAN of H.R. 22. A bill to amend title 49, United culture. Report of the Committee on Agri- Tennessee, Mrs. ELLMERS, Mrs. States Code, to enhance pipeline safety, to culture on Activities During the 111th Con- EMERSON, Mr. FARENTHOLD, Mr. provide communities with access to im- gress (Rept. 111–703). Referred to the Com- FLAKE, Mr. FLEISCHMANN, Mr. FLO- proved information concerning the equip- mittee of the Whole House on the State of RES, Mr. GALLEGLY, Mr. GARDNER, ment and operations of pipeline facilities, the Union. Mr. GARRETT, Mr. GIBBS, Mr. and for other purposes; to the Committee on Mr. SPRATT: Committee on the Budget. GINGREY of Georgia, Mr. GOODLATTE, Transportation and Infrastructure, and in Activities and Summary Report of the Com- Ms. GRANGER, Mr. GRAVES of Georgia, addition to the Committee on Energy and mittee on the Budget, 111th Congress (Rept. Mr. GRIFFITH of Virginia, Mr. GRIMM, Commerce, for a period to be subsequently 111–704). Referred to the Committee of the Mr. GUTHRIE, Mr. HARPER, Mr. determined by the Speaker, in each case for Whole House on the State of the Union. HASTINGS of Washington, Mr. HELL- consideration of such provisions as fall with- Mr. TOWNS: Committee on Oversight and ER, Mr. HERGER, Mr. HUELSKAMP, Mr. in the jurisdiction of the committee con- Government Reform. Activities of the House HUIZENGA of Michigan, Mr. HURT, Ms. cerned. Committee on Oversight and Government JENKINS, Mr. JOHNSON of Ohio, Mr. By Mr. FILNER: Reform for the 111th Congress (Rept. 111–705). SAM JOHNSON of Texas, Mr. JOHNSON H.R. 23. A bill to amend title 38, United Referred to the Committee of the Whole of Illinois, Mr. JONES, Mr. KING of States Code, to direct the Secretary of Vet- House on the State of the Union. Iowa, Mr. KINZINGER of Illinois, Mr. erans Affairs to establish the Merchant Mar- Mr. WAXMAN: Committee on Energy and LABRADOR, Mr. LAMBORN, Mr. LANCE, iner Equity Compensation Fund to provide Commerce. Report on the Activity of the Mr. LANDRY, Mr. LANKFORD, Mr. benefits to certain individuals who served in Committee on Energy and Commerce, 111th LATOURETTE, Mr. LATTA, Mr. LEE of the United States merchant marine (includ- Congress (Rept. 111–706). Referred to the New York, Mr. LEWIS of California, ing the Army Transport Service and the Committee of the Whole House on the State Mr. LOBIONDO, Mr. LUCAS, Mr. Naval Transport Service) during World War of the Union. LUETKEMEYER, Mrs. LUMMIS, Mr. II; to the Committee on Veterans’ Affairs. Ms. ZOE LOFGREN of California: Com- MACK, Mr. MARCHANT, Mr. MARINO, By Mr. JONES: mittee on Standards of Official Conduct. Mr. MCKEON, Mrs. MILLER of Michi- H.R. 24. A bill to redesignate the Depart- Summary of Activities of the Committee on gan, Mr. GARY G. MILLER of Cali- ment of the Navy as the Department of the Standards of Official Conduct for the 111th fornia, Mr. MILLER of Florida, Mrs. Navy and Marine Corps; to the Committee on Congress (Rept. 111–707). Referred to the MYRICK, Mr. NUGENT, Mr. NUNNELEE, Armed Services. Committee of the Whole House on the State Mr. OLSON, Mr. PALAZZO, Mr. PAUL, By Mr. WOODALL (for himself, Mr. of the Union. Mr. PEARCE, Mr. PENCE, Mr. PETRI, PRICE of Georgia, Mr. BOREN, Mr. Mr. LEVIN: Committee on Ways and Mr. PITTS, Mr. PLATTS, Mr. POE of KING of Iowa, Mr. AKIN, Mr. BILBRAY, Means. Report on the Legislative and Over- Texas, Mr. POMPEO, Mr. POSEY, Mr. Mr. CARTER, Mr. CONAWAY, Mr. DUN- sight Activities of the Committee on Ways REHBERG, Mr. RENACCI, Mr. RIVERA, CAN of Tennessee, Ms. FOXX, Mr. and Means During the 111th Congress. (Rept. Mr. ROGERS of Kentucky, Mr. ROGERS MCCAUL, Mr. OLSON, Mr. THORN- 111–708). Referred to the Committee of the of Alabama, Mr. ROGERS of Michigan, BERRY, Mr. SULLIVAN, Mr. GINGREY of Whole House on the State of the Union. Ms. ROS-LEHTINEN, Mr. ROSS of Flor- Georgia, Mr. BARTLETT, Mr. YOUNG of Mr. MARKEY of Massachusetts: Final ida, Mr. ROYCE, Mr. SCALISE, Mrs. Alaska, Mr. CRENSHAW, Mr. WEST- Staff Report for the 111th Congress from the SCHMIDT, Mr. AUSTIN SCOTT of Geor- MORELAND, Mr. BILIRAKIS, Mr. POE of Select Committee on Energy Independence gia, Mr. SCOTT of South Carolina, Mr. Texas, Mr. GRAVES of Georgia, Mr. and Global Warming (Rept. 111–709). Referred SHUSTER, Mr. SIMPSON, Mr. STEARNS, NEUGEBAUER, Mr. MILLER of Florida, to the Committee of the Whole House on the Mr. SULLIVAN, Mr. TERRY, Mr. Mr. WITTMAN, Mr. KINGSTON, Mr. State of the Union. THORNBERRY, Mr. TIBERI, Mr. TURN- STUTZMAN, Mr. FLAKE, Mr. LONG, Mr. Mr. SKELTON: Committee on Armed Serv- ER, Mr. WALBERG, Mr. WEST, Mr. STEARNS, Mr. WALBERG, Mr. ROSS of ices. Report of the Activities of the Com- WESTMORELAND, Mr. WHITFIELD, Mr. Florida, Mr. ISSA, Mr. BROOKS, Mr. mittee on Armed Services for the 111th Con- WILSON of South Carolina, Mr. NUGENT, Mr. SCOTT of South Caro- gress (Rept. 111–710). Referred to the Com- WOODALL, Mr. CONAWAY, Mr. SMITH of lina, Mr. FARENTHOLD, Mr. DUNCAN of mittee of the Whole House on the State of Nebraska, Mr. FRELINGHUYSEN, Mr. South Carolina, Mr. BISHOP of Utah, the Union. GOHMERT, Mr. ISSA, Mr. MULVANEY, Mr. PENCE, Mrs. ADAMS, Mr. MICA, Mr. OBERSTAR: Committee on Transpor- and Ms. HAYWORTH): Mrs. MYRICK, Mr. BURTON of Indiana, Mr. CULBERSON, Mr. LANKFORD, Mr. tation and Infrastructure. Summary of Leg- H.R. 2. A bill to repeal the job-killing POMPEO, and Mr. GARY G. MILLER of islative and Oversight Activities of the Com- health care law and health care-related pro- mittee on Transportation and Infrastructure California): visions in the Health Care and Education H.R. 25. A bill to promote freedom, fair- for the 111th Congress (Rept. 111–711). Re- Reconciliation Act of 2010; to the Committee ness, and economic opportunity by repealing ferred to the Committee of the Whole House on Energy and Commerce, and in addition to the income tax and other taxes, abolishing on the State of the Union. the Committees on Education and the Work- the Internal Revenue Service, and enacting a f force, Ways and Means, the Judiciary, Nat- national sales tax to be administered pri- ural Resources, Rules, House Administra- marily by the States; to the Committee on PUBLIC BILLS AND RESOLUTIONS tion, and Appropriations, for a period to be Ways and Means. Under clause 2 of rule XII, public subsequently determined by the Speaker, in By Ms. SPEIER: each case for consideration of such provi- H.R. 26. A bill to direct the Secretary of bills and resolutions of the following sions as fall within the jurisdiction of the titles were introduced and severally re- Defense to adopt a program of professional committee concerned. and confidential screenings to detect mental ferred, as follows: By Mr. GARRETT (for himself, Mr. health injuries acquired during deployment By Mr. CANTOR (for himself, Mr. CHAFFETZ, Mr. SIMPSON, Mrs. in support of a contingency operation and ul- CAMP, Mr. KLINE, Mr. UPTON, Mr. BLACKBURN, Mr. COFFMAN of Colo- timately to reduce the incidence of suicide SMITH of Texas, Mr. RYAN of Wis- rado, Mr. ROE of Tennessee, Mr. among veterans; to the Committee on Armed consin, Mr. GRAVES of Missouri, Mr. JONES, Mr. BROUN of Georgia, Mr. Services, and in addition to the Committee MCCARTHY of California, Mr. ROSKAM, BARTLETT, Mr. MCKINLEY, Ms. on Veterans’ Affairs, for a period to be subse- Mr. HENSARLING, Mr. SESSIONS, Mr. HAYWORTH, Mr. MILLER of Florida, quently determined by the Speaker, in each PRICE of Georgia, Mrs. MCMORRIS Mr. POSEY, Mr. WESTMORELAND, Mr. case for consideration of such provisions as RODGERS, Mr. CARTER, Mr. WALDEN, CRENSHAW, Mr. GINGREY of Georgia, fall within the jurisdiction of the committee Mr. DREIER, Mrs. ADAMS, Mr. Mr. CULBERSON, Mr. BISHOP of Utah, concerned. ADERHOLT, Mr. AKIN, Mr. AMASH, Mr. SESSIONS, Mr. BURTON of Indiana, By Mr. MCINTYRE (for himself, Mr. Mrs. BACHMANN, Mr. BACHUS, Mr. Mr. CONAWAY, Mr. MCCLINTOCK, Mr. MCDERMOTT, Mr. SMITH of Wash- BARTLETT, Mr. BARTON of Texas, Mr. NUGENT, Mr. REHBERG, Mr. GARY G. ington, Mr. PETERSON, Mr. BENISHEK, Mr. BERG, Mrs. BIGGERT, MILLER of California, Mr. PETRI, Mr. RUPPERSBERGER, Mr. PRICE of North Mr. BILIRAKIS, Mr. BISHOP of Utah, DENT, Mr. BURGESS, Mr. MCCOTTER, Carolina, Mr. LANGEVIN, Mr. BECER- Mrs. BLACK, Mrs. BLACKBURN, Mr. Mr. TERRY, Mr. FRANKS of Arizona, RA, Mr. DOGGETT, Mr. SERRANO, and BONNER, Mrs. BONO MACK, Mr. and Mr. LAMBORN): Ms. DEGETTE): BOUSTANY, Mr. BRADY of Texas, Mr. H.R. 21. A bill to amend the Internal Rev- H.R. 27. A bill to provide for the recogni- BUCHANAN, Mr. BUCSHON, Ms. enue Code of 1986 to repeal the mandate that tion of the Lumbee Tribe of North Carolina, BUERKLE, Mr. BURGESS, Mr. BURTON individuals purchase health insurance; to the and for other purposes; to the Committee on of Indiana, Mr. CALVERT, Mr. CAMP- Committee on Ways and Means. Natural Resources. BELL, Mr. CHAFFETZ, Mr. COBLE, Mr. By Ms. SPEIER (for herself, Mrs. By Mr. MCINTYRE: COFFMAN of Colorado, Mr. COLE, Mr. NAPOLITANO, Mr. STARK, Mr. HONDA, H.R. 28. A bill to amend title 38, United CRAVAACK, Mr. CULBERSON, Mr. DAVIS Ms. LEE of California, Mr. THOMPSON States Code, to improve the outreach activi- of Kentucky, Mr. DENHAM, Mr. DENT, of California, and Mr. GARAMENDI): ties of the Department of Veterans Affairs,

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H34 CONGRESSIONAL RECORD — HOUSE January 5, 2011 and for other purposes; to the Committee on By Mr. CONYERS: on Energy and Commerce, and Science, Veterans’ Affairs. H.R. 40. A bill to acknowledge the funda- Space, and Technology, for a period to be By Mr. MCINTYRE: mental injustice, cruelty, brutality, and in- subsequently determined by the Speaker, in H.R. 29. A bill to provide for the with- humanity of slavery in the United States each case for consideration of such provi- drawal of the United States from the North and the 13 American colonies between 1619 sions as fall within the jurisdiction of the American Free Trade Agreement; to the and 1865 and to establish a commission to ex- committee concerned. Committee on Ways and Means. amine the institution of slavery, subse- By Mr. YOUNG of Alaska: By Mrs. BIGGERT (for herself, Mr. quently de jure and de facto racial and eco- H.R. 50. A bill to reauthorize the African WALSH of Illinois, and Mr. MAN- nomic discrimination against African-Amer- Elephant Conservation Act, the Rhinoceros ZULLO): icans, and the impact of these forces on liv- and Tiger Conservation Act of 1994, and the H.R. 30. A bill to require Surface Transpor- ing African-Americans, to make rec- Asian Elephant Conservation Act of 1997; to tation Board consideration of the impacts of ommendations to the Congress on appro- the Committee on Natural Resources. certain railroad transactions on local com- priate remedies, and for other purposes; to By Mr. CONNOLLY of Virginia: munities, and for other purposes; to the the Committee on the Judiciary. H.R. 51. A bill to reduce the heat island ef- Committee on Transportation and Infra- By Mr. ISSA: fect and associated ground level ozone pollu- structure. H.R. 41. A bill to designate certain Federal tion from Federal facilities; to the Com- By Mrs. BIGGERT: lands in San Diego County, California, as mittee on Oversight and Government Re- H.R. 31. A bill to require the Inspector Gen- wilderness, and for other purposes; to the form. eral of the Federal Housing Finance Agency Committee on Natural Resources. By Mr. CONNOLLY of Virginia (for to submit quarterly reports to the Congress By Mr. ISSA: himself and Mr. TONKO): during the conservatorship of the Federal H.R. 42. A bill to provide for a credit for H.R. 52. A bill to amend the Outer Conti- National Mortgage Association and the Fed- certain health care benefits in determining nental Shelf Lands Act to require that treat- eral Home Loan Mortgage Corporation; to the minimum wage; to the Committee on ment of the issuance of any exploration the Committee on Financial Services. Education and the Workforce. plans, development production plans, devel- By Mrs. BIGGERT: By Mr. ISSA: opment operation coordination documents, H.R. 32. A bill to amend the definition of H.R. 43. A bill to amend the Immigration and lease sales required under Federal law ‘‘homeless person’’ under the McKinney- and Nationality Act to eliminate the diver- for offshore drilling activity on the outer Vento Homeless Assistance Act to include sity immigrant program and to re-allocate Continental Shelf as a major Federal action certain homeless children and youth; to the those visas to certain employment-based im- significantly affecting the quality of the Committee on Financial Services, and in ad- migrants who obtain an advanced degree in human environment for the purposes of the dition to the Committee on Education and the United States; to the Committee on the National Environmental Policy Act of 1969, the Workforce, for a period to be subse- Judiciary. and for other purposes; to the Committee on quently determined by the Speaker, in each By Ms. BORDALLO (for herself, Ms. Natural Resources. case for consideration of such provisions as LORETTA SANCHEZ of California, Mr. By Mr. CONNOLLY of Virginia (for fall within the jurisdiction of the committee ANDREWS, Ms. HIRONO, Mr. CUMMINGS, himself and Mr. TONKO): concerned. Mr. BISHOP of Georgia, Ms. RICHARD- H.R. 53. A bill to amend the Internal Rev- By Mrs. BIGGERT: SON, Mr. GRIJALVA, Mr. SABLAN, Mrs. enue Code of 1986 to deny a deduction for re- H.R. 33. A bill to amend the Securities Act CHRISTENSEN, Mr. FALEOMAVAEGA, moval costs and damages for which tax- of 1933 to specify when certain securities Mr. PIERLUISI, Mr. JONES, Mr. HOYER, payers are liable under the Oil Pollution Act issued in connection with church plans are Ms. JACKSON LEE of Texas, Mr. of 1990; to the Committee on Ways and treated as exempted securities for purposes LOEBSACK, Mr. BURTON of Indiana, Means. of that Act; to the Committee on Financial Mr. SENSENBRENNER, Mr. BECERRA, By Mr. CONNOLLY of Virginia (for Services. Ms. NORTON, Mr. BARTLETT, Mr. RA- himself and Mr. TONKO): By Mrs. BIGGERT: HALL, Mr. WILSON of South Carolina, H.R. 54. A bill to amend the Oil Pollution H.R. 34. A bill to provide for payment of an Mr. NADLER, and Mr. MICHAUD): Act of 1990 to extend liability to corpora- administrative fee to public housing agen- H.R. 44. A bill to implement the rec- tions, partnerships, and other persons having cies to cover the costs of administering fam- ommendations of the Guam War Claims Re- ownership interests in responsible parties, ily self-sufficiency programs in connection view Commission; to the Committee on Nat- and for other purposes; to the Committee on with the housing choice voucher program of ural Resources. Transportation and Infrastructure. the Department of Housing and Urban Devel- By Mr. ISSA: By Mr. CONNOLLY of Virginia (for opment; to the Committee on Financial H.R. 45. A bill to amend section 276 of the himself and Mr. MORAN): Services. Immigration and Nationality Act to impose H.R. 55. A bill to authorize alternatives By Mrs. BIGGERT: mandatory sentencing ranges with respect to analysis and preliminary engineering for new H.R. 35. A bill to amend the Internal Rev- aliens who reenter the United States after Metrorail capital projects in Northern Vir- enue Code of 1986 to increase the deduction having been removed, and for other purposes; ginia and surrounding areas; to the Com- for certain expenses of elementary and sec- to the Committee on the Judiciary. mittee on Transportation and Infrastruc- ondary school teachers to $500 and to extend By Mr. ISSA: ture. it through 2013; to the Committee on Ways H.R. 46. A bill to amend the Immigration By Mr. SCALISE (for himself, Mr. and Means. and Nationality Act to provide for non- BOUSTANY, Mr. LANDRY, Mr. CASSIDY, By Mrs. BIGGERT: immigrant status for an alien who is the par- Mr. ALEXANDER, and Mr. RICHMOND): H.R. 36. A bill to amend title V of the Ele- ent or legal guardian of a United States cit- H.R. 56. A bill to provide for restoration of mentary and Secondary Education Act of izen child if the child was born abroad and is the coastal areas of the Gulf of Mexico af- 1965 to raise awareness of eating disorders the child of a deceased member of the Armed fected by the Deepwater Horizon oil spill, and to create educational programs con- Forces of the United States; to the Com- and for other purposes; to the Committee on cerning the same, and for other purposes; to mittee on the Judiciary. Natural Resources, and in addition to the the Committee on Education and the Work- By Mr. ISSA: Committee on Transportation and Infra- force, and in addition to the Committee on H.R. 47. A bill to provide a civil penalty for structure, for a period to be subsequently de- Energy and Commerce, for a period to be certain misrepresentations made to Con- termined by the Speaker, in each case for subsequently determined by the Speaker, in gress, and for other purposes; to the Com- consideration of such provisions as fall with- each case for consideration of such provi- mittee on Intelligence (Permanent Select). in the jurisdiction of the committee con- sions as fall within the jurisdiction of the By Mr. CONNOLLY of Virginia: cerned. committee concerned. H.R. 48. A bill to amend title 5, United By Mr. SCALISE: By Mrs. BIGGERT: States Code, to provide that payments under H.R. 57. A bill to amend the Robert T. Staf- H.R. 37. A bill to amend the Internal Rev- the Federal employees’ group life insurance ford Disaster Relief and Emergency Assist- enue Code of 1986 to improve and expand edu- program shall be made in a lump sum, unless ance Act to make improvements in the pro- cation savings accounts; to the Committee the insured or the recipient elects otherwise; vision of Federal disaster assistance, and for on Ways and Means. to the Committee on Oversight and Govern- other purposes; to the Committee on Trans- By Mr. FLEMING: ment Reform. portation and Infrastructure. H.R. 38. A bill to rescind funds appro- By Mr. YOUNG of Alaska: By Mr. SCALISE (for himself and Mr. priated to the Health Insurance Reform Im- H.R. 49. A bill to direct the Secretary of BOREN): plementation Fund under the Health Care the Interior to establish and implement a H.R. 58. A bill to amend chapter 44 of title and Education Reconciliation Act of 2010; to competitive oil and gas leasing program that 18, United States Code, to update certain the Committee on Energy and Commerce. will result in an environmentally sound pro- procedures applicable to commerce in fire- By Mr. YOUNG of Alaska: gram for the exploration, development, and arms and remove certain Federal restric- H.R. 39. A bill to delist the polar bear as a production of the oil and gas resources of the tions on interstate firearms transactions; to threatened species under the Endangered Coastal Plain of Alaska, and for other pur- the Committee on the Judiciary. Species Act of 1973; to the Committee on poses; to the Committee on Natural Re- By Mr. SCALISE (for himself, Mr. Natural Resources. sources, and in addition to the Committees OLSON, Mr. GARRETT, Mr. CHAFFETZ,

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Mr. CARTER, Mr. BROUN of Georgia, By Mr. MCINTYRE: veloping countries have affordable and equi- Ms. JENKINS, Mr. MANZULLO, Mr. H.R. 70. A bill to amend title II of the So- table access to safe water and sanitation, ROGERS of Kentucky, Mr. BARTON of cial Security Act to eliminate the 5-month and for other purposes; to the Committee on Texas, Mr. JONES, Mrs. BLACKBURN, waiting period for entitlement to disability Foreign Affairs. Mr. GINGREY of Georgia, and Mr. benefits and to eliminate reconsideration as By Ms. JACKSON LEE of Texas: PITTS): an intervening step between initial benefit H.R. 81. A bill to promote and encourage H.R. 59. A bill to define advisors often entitlement decisions and subsequent hear- the valuable public service, disaster relief, characterized as Czars and to provide that ings on the record on such decisions; to the and emergency communications provided on appropriated funds may not be used to pay Committee on Ways and Means. a volunteer basis by licensees of the Federal for any salaries and expenses associated with By Ms. JACKSON LEE of Texas: Communications Commission in the Ama- such advisors; to the Committee on Over- H.R. 71. A bill to increase the number of teur Radio Service, by undertaking a study sight and Government Reform. Federal air marshals for certain flights, re- of the uses of amateur radio for emergency By Mr. SCALISE: quire criminal investigative training for and disaster relief communications, by iden- H.R. 60. A bill to repeal the expansion of such marshals, create an office and appoint tifying unnecessary or unreasonable impedi- information reporting requirements for pay- an ombudsman for the marshals, and for ments to the deployment of Amateur Radio ments of $600 or more to corporations, and other purposes; to the Committee on Home- emergency and disaster relief communica- for other purposes; to the Committee on land Security. tions, and by making recommendations for Ways and Means. By Ms. JACKSON LEE of Texas: relief of such unreasonable restrictions so as H.R. 72. A bill to authorize the Secretary of By Mr. SCALISE: to expand the uses of amateur radio commu- H.R. 61. A bill to amend title 5, United Labor to make grants to States, units of local government, and Indian tribes to carry nications in Homeland Security planning States Code, to require Federal employees to out employment training programs; to the and response; to the Committee on Energy use coach-class air travel in the United Committee on Education and the Workforce. and Commerce. States except in limited circumstances, and By Ms. JACKSON LEE of Texas: By Ms. JACKSON LEE of Texas: for other purposes; to the Committee on H.R. 73. A bill to designate the facility of H.R. 82. A bill to reauthorize and amend Oversight and Government Reform. the United States Postal Service located at part EE of the Omnibus Crime Control and By Mr. DOGGETT: 4110 Almeda Road in Houston, Texas, as the Safe Streets Act of 1968 relating to drug H.R. 62. A bill to amend the Internal Rev- ‘‘George Thomas ‘Mickey’ Leland Post Office courts; to the Committee on the Judiciary. enue Code of 1986 to reduce international tax Building’’; to the Committee on Oversight By Ms. JACKSON LEE of Texas: avoidance and restore a level playing field and Government Reform. H.R. 83. A bill to amend the Omnibus for American businesses; to the Committee By Ms. JACKSON LEE of Texas: Crime Control and Safe Streets Act of 1968 to on Ways and Means. H.R. 74. A bill to require non-Federal pris- require the Attorney General to establish By Mr. DOGGETT (for himself and Ms. ons and correctional facilities holding Fed- guidelines to prevent and address occur- SCHAKOWSKY): eral prisoners under a contract with the Fed- rences of bullying, to provide for grant fund- H.R. 63. A bill to amend the Internal Rev- eral Government to make the same informa- ing to States for programs to prevent and ad- enue Code of 1986 and title XIX of the Social tion available to the public that Federal dress occurrences of bullying, and to reau- Security Act to reform the provision of long- prisons and correctional facilities are re- thorize the Juvenile Accountability Block term care insurance; to the Committee on quired to make available; to the Committee Grants program; to the Committee on the Energy and Commerce, and in addition to on the Judiciary. Judiciary. the Committee on Ways and Means, for a pe- By Ms. JACKSON LEE of Texas: By Ms. JACKSON LEE of Texas: riod to be subsequently determined by the H.R. 75. A bill to prohibit certain re- H.R. 84. A bill to amend title 28, United Speaker, in each case for consideration of straints of competition adversely affecting States Code, to grant to the House of Rep- such provisions as fall within the jurisdic- automobile dealers; to the Committee on En- resentatives the authority to bring a civil tion of the committee concerned. ergy and Commerce. action to enforce, secure a declaratory judg- By Mr. DOGGETT: By Ms. JACKSON LEE of Texas: ment concerning the validity of, or prevent a H.R. 64. A bill to amend the Internal Rev- H.R. 76. A bill to authorize the Secretary of threatened refusal or failure to comply with enue Code of 1986 to prevent corporations Homeland Security to establish a program to any subpoena or order issued by the House or from exploiting tax treaties to evade tax- award grants to institutions of higher edu- any committee or subcommittee of the ation of United States income; to the Com- cation for the establishment or expansion of House to secure the production of docu- mittee on Ways and Means. cybersecurity professional development pro- ments, the answering of any deposition or in- By Mr. DOGGETT: grams, and for other purposes; to the Com- terrogatory, or the securing of testimony, H.R. 65. A bill to amend the Internal Rev- mittee on Science, Space, and Technology, and for other purposes; to the Committee on enue Code of 1986 to provide for the taxation and in addition to the Committees on Edu- the Judiciary, and in addition to the Com- of smokeless tobacco products sold as dis- cation and the Workforce, and Homeland Se- mittee on Rules, for a period to be subse- crete single-use units; to the Committee on curity, for a period to be subsequently deter- quently determined by the Speaker, in each Ways and Means. mined by the Speaker, in each case for con- case for consideration of such provisions as By Mr. DOGGETT (for himself, Mr. sideration of such provisions as fall within fall within the jurisdiction of the committee LEWIS of Georgia, Mr. BLUMENAUER, the jurisdiction of the committee concerned. concerned. and Mr. HOLT): By Ms. JACKSON LEE of Texas: By Mr. BACA: H.R. 66. A bill to amend the Internal Rev- H.R. 77. A bill to provide for emergency de- H.R. 85. A bill to amend the Higher Edu- ployments of United States Border Patrol enue Code of 1986 to provide for an invest- cation Act of 1965 to expand teacher loan for- agents and to increase the number of DEA ment tax credit for waste-to-energy facili- giveness; to the Committee on Education and ATF agents along the international bor- ties; to the Committee on Ways and Means. and the Workforce. der of the United States to increase re- By Mr. ROGERS of Michigan: By Mrs. BACHMANN (for herself, Mr. sources to identify and eliminate illicit H.R. 67. A bill to extend expiring provi- ING of Iowa, and Mr. SCHILLING): sources of firearms into Mexico for use by K sions of the USA PATRIOT Improvement H.R. 86. A bill to prevent pending tax in- violent drug trafficking organizations and and Reauthorization Act of 2005 and Intel- creases, permanently repeal estate and gift for other lawful activities, and for other pur- ligence Reform and Terrorism Prevention taxes, and permanently repeal the alter- poses; to the Committee on Homeland Secu- Act of 2004 until February 29, 2012; to the rity, and in addition to the Committee on native minimum tax on individuals, and for Committee on the Judiciary, and in addition the Judiciary, for a period to be subse- other purposes; to the Committee on Ways to the Committee on Intelligence (Perma- quently determined by the Speaker, in each and Means. nent Select), for a period to be subsequently case for consideration of such provisions as By Mrs. BACHMANN (for herself, Mr. determined by the Speaker, in each case for fall within the jurisdiction of the committee MCCLINTOCK, Mr. POSEY, Mr. AKIN, consideration of such provisions as fall with- concerned. and Mr. ISSA): in the jurisdiction of the committee con- By Ms. JACKSON LEE of Texas: H.R. 87. A bill to repeal the Dodd-Frank cerned. H.R. 78. A bill to designate the facility of Wall Street Reform and Consumer Protec- By Mr. LAMBORN: the United States Postal Service located at tion Act; to the Committee on Financial H.R. 68. A bill to amend the Communica- 1900 West Gray Street in Houston, Texas, as Services, and in addition to the Committees tions Act of 1934 to prohibit Federal funding the ‘‘Hazel Hainsworth Young Post Office on Agriculture, Energy and Commerce, the for the Corporation for Public Broadcasting Building’’; to the Committee on Oversight Judiciary, the Budget, Oversight and Gov- after fiscal year 2013; to the Committee on and Government Reform. ernment Reform, Ways and Means, and Energy and Commerce. By Ms. JACKSON LEE of Texas: Small Business, for a period to be subse- By Mr. LAMBORN: H.R. 79. A bill to amend title 38, United quently determined by the Speaker, in each H.R. 69. A bill to prohibit Federal funding States Code, to provide certain abused de- case for consideration of such provisions as of certain public radio programming, to pro- pendents of veterans with health care; to the fall within the jurisdiction of the committee vide for the transfer of certain public radio Committee on Veterans’ Affairs. concerned. funds to reduce the public debt, and for other By Ms. JACKSON LEE of Texas: By Mr. BARTLETT: purposes; to the Committee on Energy and H.R. 80. A bill to improve efforts of the H.R. 88. A bill to amend the Internal Rev- Commerce. United States Government to ensure that de- enue Code of 1986 to change the deadline for

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income tax returns for calendar year tax- SULLIVAN, Mr. LATTA, Mr. STEARNS, ployer health coverage, and for other pur- payers from the 15th of April to the first Mr. BARTON of Texas, Mr. SHIMKUS, poses; to the Committee on Ways and Means. Monday in November; to the Committee on Mr. WALDEN, Mr. ROGERS of Michi- By Mrs. BLACKBURN: Ways and Means. gan, Mr. HALL, Mr. WHITFIELD, Mr. H.R. 100. A bill to provide for enhanced By Mr. BARTLETT: PITTS, Mr. GINGREY of Georgia, Mr. Federal, State, and local assistance in the H.R. 89. A bill to amend the Immigration SCALISE, Mr. OLSON, Mr. BILBRAY, enforcement of the immigration laws, to and Nationality Act and title IV of the So- Mrs. MCMORRIS RODGERS, Mr. amend the Immigration and Nationality Act, cial Security Act to provide for the denial of CASSIDY, Mr. GUTHRIE, Mr. BURTON of to authorize appropriations to carry out the family classification petitions filed by an in- Indiana, Mr. ROE of Tennessee, Mr. State Criminal Alien Assistance Program, dividual who owes child support arrearages; MANZULLO, Mr. LAMBORN, Ms. FOXX, and for other purposes; to the Committee on to the Committee on the Judiciary, and in Mr. JORDAN, Mr. POMPEO, Mr. GRAVES the Judiciary. addition to the Committee on Ways and of Georgia, Mr. ROYCE, Mr. GOHMERT, By Mrs. BLACKBURN: Means, for a period to be subsequently deter- Mr. POE of Texas, Mr. NEUGEBAUER, mined by the Speaker, in each case for con- H.R. 101. A bill to amend subtitle IV of Mrs. SCHMIDT, Mr. FLEMING, Mrs. title 40, United States Code, regarding coun- sideration of such provisions as fall within BACHMANN, Mr. REED, Mr. STUTZMAN, the jurisdiction of the committee concerned. ty additions to the Appalachian region; to Mr. PENCE, Mr. BUCHANAN, Mr. the Committee on Transportation and Infra- By Mr. BARTLETT: MARCHANT, Mr. MURPHY of Pennsyl- H.R. 90. A bill to provide for Federal re- structure. vania, Mr. HUNTER, Mr. HARPER, Mr. By Mrs. BLACKBURN: search, development, demonstration, and BOREN, Mr. BONNER, Mr. CULBERSON, commercial application activities to enable Mr. GARDNER, Mr. GARY G. MILLER of H.R. 102. A bill to provide that only certain the development of farms that are net pro- California, Mr. BASS of New Hamp- forms of identification of individuals may be ducers of both food and energy, and for other shire, and Mr. KINZINGER of Illinois): accepted by the Federal Government and by purposes; to the Committee on Science, H.R. 96. A bill to prohibit the Federal Com- financial institutions; to the Committee on Space, and Technology, and in addition to munications Commission from further regu- Oversight and Government Reform, and in the Committee on Agriculture, for a period lating the Internet; to the Committee on En- addition to the Committee on Financial to be subsequently determined by the Speak- ergy and Commerce. Services, for a period to be subsequently de- er, in each case for consideration of such pro- By Mrs. BLACKBURN (for herself, Mr. termined by the Speaker, in each case for visions as fall within the jurisdiction of the ALEXANDER, Mr. BARTON of Texas, consideration of such provisions as fall with- committee concerned. Mr. BISHOP of Utah, Mrs. BONO MACK, in the jurisdiction of the committee con- By Mr. BARTON of Texas (for himself, Mr. BOREN, Mr. BOUSTANY, Mr. BRADY cerned. Mrs. BLACKBURN, Mr. BURGESS, Mr. of Texas, Mr. BROUN of Georgia, Mr. By Mrs. BLACKBURN (for herself, Mr. BISHOP of Utah, Mr. MCCLINTOCK, Mr. BURGESS, Mr. BURTON of Indiana, Mr. ROE of Tennessee, Mr. PENCE, Mr. COBLE, Mr. PAUL, Mr. AKIN, Ms. CALVERT, Mrs. CAPITO, Mr. CHAFFETZ, SESSIONS, and Mr. PAUL): BUERKLE, Mrs. LUMMIS, Mr. SCALISE, Mr. COBLE, Mr. COFFMAN of Colorado, H.R. 103. A bill to amend the Social Secu- Mr. BROUN of Georgia, Mr. BURTON of Mr. CONAWAY, Mr. DAVIS of Ken- rity Act to improve choices available to Indiana, and Mr. STEARNS): tucky, Mr. GARRETT, Mr. GOHMERT, Medicare eligible seniors by permitting them H.R. 91. A bill to repeal certain amend- Mr. GRAVES of Missouri, Mr. HALL, to elect (instead of regular Medicare bene- ments to the Energy Policy and Conserva- Mr. HERGER, Mr. HUNTER, Mr. ISSA, fits) to receive a voucher for a health savings tion Act with respect to lighting energy effi- Mr. SAM JOHNSON of Texas, Mr. account, for premiums for a high deductible ciency; to the Committee on Energy and JONES, Mr. KINGSTON, Mr. LEE of New health insurance plan, or both and by sus- Commerce, and in addition to the Committee York, Mrs. LUMMIS, Mr. DANIEL E. pending Medicare late enrollment penalties on Transportation and Infrastructure, for a LUNGREN of California, Mr. between ages 65 and 70; to the Committee on period to be subsequently determined by the MARCHANT, Mr. MCCLINTOCK, Mrs. Ways and Means, and in addition to the Com- Speaker, in each case for consideration of MCMORRIS RODGERS, Mrs. MYRICK, mittee on Energy and Commerce, for a pe- such provisions as fall within the jurisdic- Mr. OLSON, Mr. PAUL, Mr. PETRI, Mr. riod to be subsequently determined by the tion of the committee concerned. REHBERG, Mr. ROE of Tennessee, Mr. Speaker, in each case for consideration of By Mrs. BIGGERT: ROHRABACHER, Mr. SCALISE, Mr. SEN- such provisions as fall within the jurisdic- H.R. 92. A bill to amend title XVIII of the SENBRENNER, Mr. SHUSTER, Mr. SIMP- tion of the committee concerned. Social Security Act to provide payments SON, Mr. TERRY, and Mr. YOUNG of By Mr. BOUSTANY (for himself, Mr. under the Medicare Program to licensed Alaska): COURTNEY, Mr. GENE GREEN of Texas, health care practitioners for unscheduled H.R. 97. A bill to amend the Clean Air Act Mr. SIMPSON, Ms. BORDALLO, Mr. telephone consultation services in the case to provide that greenhouse gases are not sub- PAUL, Mr. SCALISE, Mr. NADLER, Mrs. that such payments are determined to be ject to the Act, and for other purposes; to MCMORRIS RODGERS, Mr. MCCAUL, cost and quality effective; to the Committee the Committee on Energy and Commerce. Mr. OLSON, Ms. RICHARDSON, Mr. AL- on Energy and Commerce, and in addition to By Mr. DREIER (for himself, Mr. EXANDER, Mr. LYNCH, Mrs. MILLER of the Committee on Ways and Means, for a pe- REYES, Mr. BILBRAY, Mr. CALVERT, Michigan, Mr. BRADY of Texas, Mr. riod to be subsequently determined by the Mr. GALLEGLY, Mr. ISSA, Mr. CUMMINGS, Ms. SUTTON, Mr. CAPUANO, Speaker, in each case for consideration of MCCAUL, Mr. GARY G. MILLER of Cali- Mrs. CAPPS, Mr. SIRES, Mr. THOMPSON such provisions as fall within the jurisdic- fornia, and Mrs. MYRICK): of California, Ms. FUDGE, Mr. tion of the committee concerned. H.R. 98. A bill to amend the Immigration BONNER, Mr. CALVERT, Mr. STARK, By Mrs. BLACKBURN: and Nationality Act to enforce restrictions and Ms. LEE of California): H.R. 93. A bill to make 10 percent across- on employment in the United States of unau- H.R. 104. A bill to ensure that amounts the-board rescissions in non-defense, non- thorized aliens through the use of improved credited to the Harbor Maintenance Trust homeland-security, and non-veterans-affairs Social Security cards and an Employment Fund are used for harbor maintenance; to discretionary spending for each of the fiscal Eligibility Database, and for other purposes; the Committee on Transportation and Infra- years 2011 and 2012; to the Committee on Ap- to the Committee on Ways and Means, and in structure, and in addition to the Committee propriations. addition to the Committees on the Judici- on Rules, for a period to be subsequently de- By Mrs. BLACKBURN: ary, Homeland Security, and Education and termined by the Speaker, in each case for H.R. 94. A bill to make 5 percent across- the Workforce, for a period to be subse- consideration of such provisions as fall with- the-board rescissions in non-defense, non- quently determined by the Speaker, in each in the jurisdiction of the committee con- homeland-security, and non-veterans-affairs case for consideration of such provisions as discretionary spending for each of the fiscal fall within the jurisdiction of the committee cerned. years 2011 and 2012; to the Committee on Ap- concerned. By Mr. BURTON of Indiana: propriations. By Mr. DREIER: H.R. 105. A bill to repeal the Patient Pro- By Mrs. BLACKBURN: H.R. 99. A bill to amend the Internal Rev- tection and Affordable Care Act and related H.R. 95. A bill to make 15 percent across- enue Code of 1986 to reduce taxes by pro- health-care provisions and to enact in its the-board rescissions in non-defense, non- viding an alternative determination of in- place incentives to encourage health insur- homeland-security, and non-veterans-affairs come tax liability for individuals, repealing ance coverage, and for other purposes; to the discretionary spending for each of the fiscal the estate and gift taxes, reducing corporate Committee on Energy and Commerce, and in years 2011 and 2012; to the Committee on Ap- income tax rates, reducing the maximum tax addition to the Committees on the Budget, propriations. for individuals on capital gains and divi- Education and the Workforce, Natural Re- By Mrs. BLACKBURN (for herself, Mr. dends to 10 percent, indexing the basis of as- sources, House Administration, Ways and WILSON of South Carolina, Mr. sets for purposes of determining capital gain Means, the Judiciary, Rules, Appropriations, TERRY, Mrs. BONO MACK, Mr. GAR- or loss, creating tax-free accounts for retire- and Oversight and Government Reform, for a RETT, Mr. BURGESS, Mrs. MYRICK, Mr. ment savings, lifetime savings, and life period to be subsequently determined by the BISHOP of Utah, Mr. FRANKS of Ari- skills, repealing the adjusted gross income Speaker, in each case for consideration of zona, Mrs. LUMMIS, Mr. CONAWAY, Mr. threshold in the medical care deduction for such provisions as fall within the jurisdic- SESSIONS, Mr. LUETKEMEYER, Mr. individuals under age 65 who have no em- tion of the committee concerned.

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By Mr. CARDOZA: Mr. YOUNG of Alaska, Ms. PINGREE of By Ms. FOXX (for herself, Mr. WEST- H.R. 106. A bill to amend title 18, United Maine, Mr. SMITH of Washington, Mr. MORELAND, Mr. KISSELL, Mr. BISHOP States Code, to provide increased imprison- PRICE of North Carolina, Mr. CHAN- of Utah, Mrs. LUMMIS, and Mr. ment for certain offenses by public officials; DLER, and Ms. EDDIE BERNICE JOHN- TERRY): to the Committee on the Judiciary. SON of Texas): H.R. 120. A bill to amend title 38, United By Mr. CONYERS: H.R. 111. A bill to require that health plans States Code, to provide for eligibility for H.R. 107. A bill to amend title 18, United provide coverage for a minimum hospital housing loans guaranteed by the Department States Code, to prevent the election practice stay for mastectomies, lumpectomies, and of Veterans Affairs for the surviving spouses known as caging, and for other purposes; to lymph node dissection for the treatment of of certain totally-disabled veterans; to the the Committee on the Judiciary. breast cancer and coverage for secondary Committee on Veterans’ Affairs. By Mr. CONYERS: consultations; to the Committee on Energy By Mr. GINGREY of Georgia (for him- H.R. 108. A bill to protect voting rights and and Commerce, and in addition to the Com- self, Mr. BASS of New Hampshire, Mr. to improve the administration of Federal mittees on Ways and Means, and Education GOWDY, Mr. SCALISE, Mr. AUSTIN elections, and for other purposes; to the and the Workforce, for a period to be subse- SCOTT of Georgia, Mr. STIVERS, and Committee on the Judiciary, and in addition quently determined by the Speaker, in each Mr. WALBERG): to the Committees on Oversight and Govern- case for consideration of such provisions as H.R. 121. A bill to require any amounts re- ment Reform, and House Administration, for fall within the jurisdiction of the committee maining in a Member’s Representational Al- a period to be subsequently determined by concerned. lowance at the end of a fiscal year to be de- the Speaker, in each case for consideration By Mr. DOGGETT (for himself, Ms. posited in the Treasury and used for deficit of such provisions as fall within the jurisdic- JACKSON LEE of Texas, Mr. JOHNSON reduction or to reduce the Federal debt; to tion of the committee concerned. of Georgia, Mr. LEWIS of Georgia, Mr. the Committee on House Administration. By Mr. CONYERS (for himself, Ms. PRICE of North Carolina, Mr. VAN By Mr. GINGREY of Georgia (for him- JACKSON LEE of Texas, Mr. JOHNSON HOLLEN, Ms. BERKLEY, Mr. SIRES, and self, Mr. HARPER, Mrs. MCMORRIS of Georgia, Mr. SCOTT of Virginia, Ms. CLARKE of New York): RODGERS, Mr. WESTMORELAND, Mr. and Mr. JONES): H.R. 112. A bill to encourage, enhance, and KINGSTON, Mr. ROSS of Florida, Mr. H.R. 109. A bill to establish a national com- integrate Silver Alert plans throughout the DUNCAN of Tennessee, Mr. BURTON of mission on presidential war powers and civil United States, to authorize grants for the as- Indiana, Mr. CHAFFETZ, Mr. ROE of liberties; to the Committee on Armed Serv- sistance of organizations to find missing Tennessee, Mr. BARTON of Texas, Mr. ices, and in addition to the Committees on adults, and for other purposes; to the Com- AUSTIN SCOTT of Georgia, Mr. BROUN the Judiciary, Foreign Affairs, and Intel- mittee on the Judiciary. of Georgia, Mr. BARTLETT, Mr. MACK, ligence (Permanent Select), for a period to By Mr. DREIER (for himself and Ms. Mr. LATTA, Mr. KLINE, Mr. RIBBLE, be subsequently determined by the Speaker, CHU): Mr. STEARNS, Mr. MILLER of Florida, in each case for consideration of such provi- H.R. 113. A bill to provide for additions to Mr. GARY G. MILLER of California, sions as fall within the jurisdiction of the the Cucamonga and Sheep Mountain Wilder- Mr. CRAWFORD, Mrs. BACHMANN, Mr. committee concerned. ness Areas in the Angeles and San SCALISE, Mr. PITTS, Mr. SAM JOHNSON By Ms. DELAURO (for herself and Mr. Bernardino National Forests and the protec- of Texas, Mr. KING of Iowa, and Mr. MANZULLO): tion of existing property rights in such addi- BRADY of Texas): H.R. 110. A bill to amend the Internal Rev- tions, to require the Secretary of Agri- H.R. 122. A bill to amend title 5, United enue Code of 1986 to allow manufacturing culture to take steps to prevent and prepare States Code, to limit the circumstances in businesses to establish tax-free manufac- for wildfires in the Cucamonga, Sheep Moun- which official time may be used by a Federal turing reinvestment accounts to assist them tain, and San Gabriel Wilderness Areas and employee; to the Committee on Oversight in providing for new equipment and facilities address the backlog of maintenance in the and Government Reform. and workforce training; to the Committee on Angeles and San Bernardino National For- By Mr. GINGREY of Georgia: Ways and Means. ests, and for other purposes; to the Com- H.R. 123. A bill to amend the Internal Rev- By Ms. DELAURO (for herself, Mr. BAR- mittee on Natural Resources. enue Code of 1986 to make certain tax relief TON of Texas, Mr. ACKERMAN, Mr. By Mr. DREIER (for himself and Mr. permanent, and to repeal the estate tax; to BACA, Ms. BALDWIN, Mr. BARROW, Ms. WHITFIELD): the Committee on Ways and Means. BERKLEY, Mr. BERMAN, Mr. BISHOP of H.R. 114. A bill to provide a biennial budget By Mr. GINGREY of Georgia: Georgia, Mr. BOREN, Mr. BRALEY of for the United States Government; to the H.R. 124. A bill to provide that rates of pay Iowa, Ms. BROWN of Florida, Mrs. Committee on the Budget, and in addition to for Members of Congress shall not be ad- CAPPS, Mr. CARSON of Indiana, Ms. the Committees on Rules, and Oversight and justed under section 601(a)(2) of the Legisla- CASTOR of Florida, Mr. CLEAVER, Mr. Government Reform, for a period to be sub- tive Reorganization Act of 1946 in the year CLYBURN, Mr. COHEN, Mr. CONNOLLY sequently determined by the Speaker, in following any fiscal year in which outlays of of Virginia, Mr. CRITZ, Mr. DINGELL, each case for consideration of such provi- the United States exceed receipts of the Mr. DONNELLY of Indiana, Ms. ED- sions as fall within the jurisdiction of the United States; to the Committee on House WARDS, Mr. ELLISON, Mr. ENGEL, Mr. committee concerned. Administration, and in addition to the Com- FARR, Mr. FRANK of Massachusetts, By Mr. FILNER: mittee on Oversight and Government Re- Ms. FUDGE, Mr. GRIJALVA, Mr. HIMES, H.R. 115. A bill to amend title 38, United form, for a period to be subsequently deter- Ms. HIRONO, Mr. HOLT, Mr. ISRAEL, States Code, to increase the maximum age mined by the Speaker, in each case for con- Mr. JACKSON of Illinois, Ms. JACKSON for children eligible for medical care under sideration of such provisions as fall within LEE of Texas, Mr. JOHNSON of Geor- the CHAMPVA program; to the Committee the jurisdiction of the committee concerned. gia, Mr. JONES, Mr. KILDEE, Mr. KIND, on Veterans’ Affairs. By Mr. GINGREY of Georgia (for him- Mr. KISSELL, Mr. LANGEVIN, Mr. By Ms. FOXX: self, Mrs. BACHMANN, Mr. BACHUS, Mr. LARSEN of Washington, Mr. LARSON H.R. 116. A bill to direct the Federal Trade BASS of New Hampshire, Mrs. of Connecticut, Ms. LEE of California, Commission to revise the regulations regard- BLACKBURN, Mr. BILBRAY, Mr. BISHOP Mr. LEVIN, Mr. LEWIS of Georgia, Mr. ing the Do-not-call registry to prohibit po- of Utah, Mr. CARTER, Mr. CONAWAY, LOEBSACK, Ms. ZOE LOFGREN of Cali- litically-oriented recorded message tele- Mr. GARRETT, Mr. HELLER, Mr. SAM fornia, Mrs. LOWEY, Mrs. MALONEY, phone calls to telephone numbers listed on JOHNSON of Texas, Mr. KLINE, Mr. Mrs. MCCARTHY of New York, Mr. that registry; to the Committee on Energy LAMBORN, Mr. MCCAUL, Mrs. MYRICK, MCDERMOTT, Mr. MCGOVERN, Mr. and Commerce. Mr. NEUGEBAUER, Mr. POSEY, Mr. ROE MCINTYRE, Mr. MEEKS, Mr. MILLER By Mr. FILNER: of Tennessee, Mr. ROSS of Florida, of North Carolina, Ms. MOORE, Mr. H.R. 117. A bill to amend title 38, United Mr. AUSTIN SCOTT of Georgia, Mr. MORAN, Mr. MURPHY of Connecticut, States Code, to make certain improvements TERRY, Mr. WALBERG, and Mr. WEST- Mr. NADLER, Mrs. NAPOLITANO, Mr. in the laws administered by the Secretary of MORELAND): NEAL, Mr. OLVER, Mr. PASTOR of Ari- Veterans Affairs, and for other purposes; to H.R. 125. A bill to require Congress to zona, Mr. PAYNE, Mr. RANGEL, Ms. the Committee on Veterans’ Affairs. specify the source of authority under the ROYBAL-ALLARD, Mr. By Mr. FLEMING: United States Constitution for the enact- RUPPERSBERGER, Mr. RUSH, Mr. RYAN H.R. 118. A bill to amend the Patient Pro- ment of laws, and for other purposes; to the of Ohio, Mr. SABLAN, Ms. LINDA T. tection and Affordable Care Act to permit a Committee on the Judiciary, and in addition SA´ NCHEZ of California, Ms. State to elect not to establish an American to the Committee on Rules, for a period to be SCHAKOWSKY, Mr. SCHIFF, Mrs. Health Benefit Exchange; to the Committee subsequently determined by the Speaker, in SCHMIDT, Ms. SCHWARTZ, Mr. DAVID on Energy and Commerce. each case for consideration of such provi- SCOTT of Georgia, Mr. SERRANO, Mr. By Mr. FLEMING: sions as fall within the jurisdiction of the SHERMAN, Ms. SLAUGHTER, Ms. H.R. 119. A bill to prohibit the hiring of ad- committee concerned. SPEIER, Mr. STARK, Ms. SUTTON, Mr. ditional employees by the Internal Revenue By Mr. GINGREY of Georgia (for him- TOWNS, Mr. VAN HOLLEN, Ms. Service to implement, administer, or enforce self, Mrs. BACHMANN, Mr. BARTLETT, WASSERMAN SCHULTZ, Mr. WEINER, health insurance reform; to the Committee Mr. BISHOP of Georgia, Mrs. Mr. WELCH, Mr. WU, Mr. YARMUTH, on Ways and Means. BLACKBURN, Mr. BURTON of Indiana,

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Mr. CARTER, Mr. CONAWAY, Mr. By Mr. HOLT: By Mr. DANIEL E. LUNGREN of Cali- FRANKS of Arizona, Mr. GOHMERT, Mr. H.R. 135. A bill to amend the Internal Rev- fornia (for himself, Mr. SCHILLING, SAM JOHNSON of Texas, Mr. KLINE, enue Code of 1986 to encourage teachers to Mr. SCOTT of South Carolina, Mr. Mr. MARCHANT, Mr. PAUL, Mr. ROE of pursue teaching science, technology, engi- SENSENBRENNER, Mr. SIMPSON, Mr. Tennessee, Mr. ROGERS of Alabama, neering, and math subjects at elementary SMITH of New Jersey, Mr. STIVERS, Mr. ROSS of Arkansas, Mr. WEST- and secondary schools; to the Committee on Mr. TERRY, Mr. WEBSTER, Mr. WOLF, MORELAND, and Mr. YOUNG of Alaska): Ways and Means. Mr. WOMACK, Mr. WOODALL, Mr. H.R. 126. A bill to require the Bureau of Al- By Mr. ISRAEL (for himself, Mr. BOS- YODER, Mr. YOUNG of Alaska, Mr. cohol, Tobacco, Firearms, and Explosives to WELL, Ms. SUTTON, and Mr. WU): RUPPERSBERGER, Mr. CRITZ, Mr. make video recordings of the examination H.R. 136. A bill to amend the Internal Rev- CARDOZA, Mr. MATHESON, Mr. and testing of firearms and ammunition, and enue Code of 1986 to allow taxpayers to des- BENISHEK, Mr. BONNER, Mr. BROOKS, for other purposes; to the Committee on the ignate a portion of their income tax payment Mr. BUCSHON, Mr. CONAWAY, Mr. Judiciary, and in addition to the Committee to provide assistance to homeless veterans, CULBERSON, Mr. FLAKE, Mr. GOSAR, on Ways and Means, for a period to be subse- and for other purposes; to the Committee on Mr. GRIFFIN of Arkansas, Mr. LATTA, quently determined by the Speaker, in each Ways and Means, and in addition to the Com- Mr. REED, Mr. ROSS of Arkansas, Mr. case for consideration of such provisions as mittee on Veterans’ Affairs, for a period to TIPTON, Ms. TSONGAS, Mr. ALEX- fall within the jurisdiction of the committee be subsequently determined by the Speaker, ANDER, Mr. MCHENRY, Mr. NUGENT, concerned. in each case for consideration of such provi- Mr. PETRI, Mr. WALBERG, Mr. By Mr. GRAVES of Georgia (for him- sions as fall within the jurisdiction of the DESJARLAIS, Mr. DUFFY, Mrs. self, Mr. WESTMORELAND, Mr. committee concerned. ELLMERS, Mr. FRELINGHUYSEN, Mr. COFFMAN of Colorado, Mr. CHAFFETZ, By Ms. KAPTUR: DOLD, Mr. DREIER, Mr. DUNCAN of Ms. JENKINS, Mr. MANZULLO, Mr. H.R. 137. A bill to amend the Communica- Tennessee, Mrs. EMERSON, Mr. JONES, Mrs. BACHMANN, Mr. BURTON tions Act of 1934 to require radio and tele- FARENTHOLD, Mr. FITZPATRICK, Mr. of Indiana, Mr. CULBERSON, and Mr. vision broadcasters to provide free broad- FLEISCHMANN, Mr. FLORES, Mr. BROUN of Georgia): casting time for political advertising, and GALLEGLY, Mr. GERLACH, Mr. GIBSON, H.R. 127. A bill to deauthorize appropria- for other purposes; to the Committee on En- Mr. GRIFFITH of Virginia, Mr. HANNA, tion of funds to carry out the Patient Pro- ergy and Commerce. Mr. HELLER, Mr. HULTGREN, Mr. tection and Affordable Care Act and the By Ms. KAPTUR: JOHNSON of Illinois, Mr. JONES, Mr. Health Care and Education Reconciliation H.R. 138. A bill to amend the Federal Elec- KINZINGER of Illinois, Mr. LANCE, Mr. Act of 2010; to the Committee on Energy and tion Campaign Act of 1971 to prohibit con- LATOURETTE, Mr. LEWIS of California, Commerce, and in addition to the Commit- tributions and expenditures by multi- Mr. LOBIONDO, Mr. LONG, Mr. tees on Ways and Means, Education and the candidate political committees controlled by MARINO, Mr. MCKINLEY, Mr. MEEHAN, Workforce, the Judiciary, Natural Re- foreign-owned corporations, and for other Mrs. MILLER of Michigan, Mr. sources, and House Administration, for a pe- purposes; to the Committee on House Admin- MULVANEY, Mr. MURPHY of Pennsyl- riod to be subsequently determined by the istration, and in addition to the Committee vania, Mr. NUNNELEE, Mr. PAUL, Mr. Speaker, in each case for consideration of on the Judiciary, for a period to be subse- PAULSEN, Mr. PLATTS, Mr. REICHERT, such provisions as fall within the jurisdic- quently determined by the Speaker, in each Mr. RENACCI, Mr. RIBBLE, Mr. ROGERS tion of the committee concerned. case for consideration of such provisions as of Kentucky, Mr. ROGERS of Ala- By Mr. GENE GREEN of Texas: fall within the jurisdiction of the committee bama, Mr. ROHRABACHER, Mr. ROSS of H.R. 128. A bill to direct the Secretary of concerned. Florida, Mrs. LUMMIS, Mr. MACK, Mr. Labor to revise regulations concerning the By Mr. MARKEY: MANZULLO, Mr. MARCHANT, Mr. recording and reporting of occupational inju- H.R. 139. A bill to preserve the Arctic MCCAUL, Mr. MCCLINTOCK, Mr. ries and illnesses under the Occupational coastal plain of the Arctic National Wildlife MCKEON, Mrs. MCMORRIS RODGERS, Safety and Health Act of 1970; to the Com- Refuge, Alaska, as wilderness in recognition Mr. MILLER of Florida, Mrs. MYRICK, mittee on Education and the Workforce. of its extraordinary natural ecosystems and Mr. NEUGEBAUER, Mr. OLSON, Mr. POE By Mr. GENE GREEN of Texas: for the permanent good of present and future of Texas, Mr. POSEY, Mr. ROE of Ten- H.R. 129. A bill to amend the National generations of Americans; to the Committee nessee, Mr. ROONEY, Mr. ROYCE, Mr. Labor Relations Act to require the arbitra- on Natural Resources. SCALISE, Mrs. SCHMIDT, Mr. SESSIONS, tion of initial contract negotiation disputes, By Mr. KING of Iowa (for himself, Mr. Mr. SHIMKUS, Mr. SMITH of Texas, Mr. and for other purposes; to the Committee on GINGREY of Georgia, Mr. GARY G. STEARNS, Mr. SULLIVAN, Mr. THOMP- Education and the Workforce. MILLER of California, and Mr. SON of Pennsylvania, Mr. TURNER, By Mr. GENE GREEN of Texas: Mr. WESTMORELAND, Mr. WILSON of H.R. 130. A bill to prevent the nondisclo- WOODALL): H.R. 140. A bill to amend section 301 of the South Carolina, Mr. BARLETTA, Mr. sure of employer-owned life insurance cov- Immigration and Nationality Act to clarify BASS of New Hampshire, Mrs. erage of employees as an unfair and decep- those classes of individuals born in the BIGGERT, Mr. BOUSTANY, Mr. CAL- tive Act or practice under the Federal Trade United States who are nationals and citizens VERT, Mr. CANSECO, Mrs. CAPITO, Mr. Commission Act, and for other purposes; to of the United States at birth; to the Com- CRAWFORD, Mr. CRENSHAW, Mr. the Committee on Education and the Work- DENHAM, Mr. DENT, Mr. DIAZ-BALART, force, and in addition to the Committee on mittee on the Judiciary. Mr. AKIN, Mr. AUSTRIA, Mrs. Energy and Commerce, for a period to be By Mr. KING of Iowa (for himself and BACHMANN, Mr. BACHUS, Mr. BART- subsequently determined by the Speaker, in Mrs. BACHMANN): H.R. 141. A bill to repeal the Patient Pro- LETT, Mr. BARTON of Texas, Mr. each case for consideration of such provi- tection and Affordable Care Act and the BILBRAY, Mr. BILIRAKIS, Mr. BISHOP sions as fall within the jurisdiction of the Health Care and Education Reconciliation of Utah, Mrs. BLACKBURN, Mr. BRADY committee concerned. Act of 2010; to the Committee on Energy and of Texas, Mr. BROUN of Georgia, Mr. By Mr. HOLT: BUCHANAN, Mr. BURGESS, Mr. BURTON H.R. 131. A bill to amend the Internal Rev- Commerce, and in addition to the Commit- of Indiana, Mr. CAMPBELL, Mr. enue Code of 1986 to provide a 5-year exten- tees on Ways and Means, Education and the CARTER, Mr. CASSIDY, Mr. CHAFFETZ, sion for the real property standard deduction Workforce, the Judiciary, Natural Re- Mr. COBLE, Mr. COFFMAN of Colorado, and to adjust such deduction for inflation; to sources, House Administration, Rules, and Mr. COLE, Mr. DAVIS of Kentucky, the Committee on Ways and Means. Appropriations, for a period to be subse- Mr. FORBES, Mr. FORTENBERRY, Mr. By Mr. HOLT (for himself and Mr. quently determined by the Speaker, in each GARRETT, Mr. GINGREY of Georgia, KIND): case for consideration of such provisions as H.R. 132. A bill to amend the Internal Rev- fall within the jurisdiction of the committee Mr. GOHMERT, Mr. GRAVES of Mis- enue Code of 1986 to increase the credit for concerned. souri, Mr. GRAVES of Georgia, Mr. research expenses for 2011 and 2012 and to By Mr. KISSELL: GUTHRIE, Mr. HALL, Mr. HARPER, Mr. allow the credit to be assigned; to the Com- H.R. 142. A bill to establish a national HUNTER, Mr. ISSA, Ms. JENKINS, Mr. mittee on Ways and Means. Strategic Gasoline Reserve; to the Com- SAM JOHNSON of Texas, Mr. KINGSTON, By Mr. HOLT (for himself and Ms. mittee on Energy and Commerce. Mr. KLINE, Mr. LAMBORN, Mr. GOWDY, LINDA T. SA´ NCHEZ of California): By Mr. LATTA (for himself, Mr. BUR- Ms. HAYWORTH, Mr. LATHAM, Mr. H.R. 133. A bill to amend the Internal Rev- TON of Indiana, Mrs. MILLER of Michi- PENCE, Mr. WALDEN, Mrs. BLACK, Mr. enue Code of 1986 to allow a credit against gan, Mr. JONES, Mrs. MCMORRIS ROD- PRICE of Georgia, Mr. FRANKS of Ari- income tax for equity investments in high GERS, Mr. BROUN of Georgia, Mr. BUR- zona, Mr. GARY G. MILLER of Cali- technology small business concerns; to the GESS, Mr. BARTLETT, Mr. MCKINLEY, fornia, Ms. HERRERA BEUTLER, Mr. Committee on Ways and Means. Mr. HUNTER, Mr. BISHOP of Utah, and TIBERI, Mr. RAHALL, Mr. GARDNER, By Mr. HOLT: Mr. LAMBORN): Mr. KELLY, Mr. LEE of New York, Mr. H.R. 134. A bill to amend the Internal Rev- H.R. 143. A bill to amend the Internal Rev- CRAVAACK, Mr. ROSKAM, Mr. QUAYLE, enue Code to make permanent the credit for enue Code of 1986 to repeal the estate tax and Mr. REHBERG, Mr. LUCAS, Mrs. BONO increasing research activities; to the Com- retain stepped-up basis at death; to the Com- MACK, Mr. RYAN of Wisconsin, Mr. mittee on Ways and Means. mittee on Ways and Means. MICA, Mr. LABRADOR, and Mr. PITTS):

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 5, 2011 CONGRESSIONAL RECORD — HOUSE H39 H.R. 144. A bill to repeal the expansion of gram for greenhouse gases, and for other various land conveyances involving National information reporting requirements for pay- purposes; to the Committee on Energy and Forest System land and Bureau of Land ments of $600 or more to corporations, and Commerce. Management land in central Idaho; to the for other purposes; to the Committee on By Mr. POE of Texas (for himself, Mr. Committee on Natural Resources. Ways and Means. BRADY of Texas, Mr. COFFMAN of Col- By Mr. STEARNS: By Mr. MACK: orado, Mr. BISHOP of Utah, Mr. H.R. 164. A bill to amend title 49, United H.R. 145. A bill to repeal the Patient Pro- LAMBORN, Mr. ROE of Tennessee, Mr. States Code, to direct the National Highway tection and Affordable Care Act (Public Law HALL, Mr. CONAWAY, Mr. FRANKS of Traffic Safety Administration to require the 111-148) and related health-care provisions; to Arizona, Mr. MCCLINTOCK, Mr. SIMP- disclosure of information relating to the fair the Committee on Energy and Commerce, SON, Mr. OLSON, Mr. BURTON of Indi- market value and safety of damaged motor and in addition to the Committees on Ways ana, Mr. REHBERG, Mr. JONES, and vehicles; to the Committee on Energy and and Means, Education and the Workforce, Mrs. MCMORRIS RODGERS): Commerce. H.R. 154. A bill to prohibit the use of funds the Judiciary, Natural Resources, House Ad- By Mr. STEARNS: ministration, Rules, and Appropriations, for for implementation or enforcement of any H.R. 165. A bill to authorize the Secretary a period to be subsequently determined by Federal mandate to purchase health insur- of Health and Human Services to make the Speaker, in each case for consideration ance; to the Committee on Energy and Com- grants to nonprofit tax-exempt organizations of such provisions as fall within the jurisdic- merce. for the purchase of ultrasound equipment to tion of the committee concerned. By Mr. ROYCE: provide free examinations to pregnant By Mr. OWENS: H.R. 155. A bill to create a national com- H.R. 146. A bill to amend title 31, United mission, modeled after the successful De- women needing such services, and for other States Code, to provide for the issuance of fense Base Closure and Realignment Com- purposes; to the Committee on Energy and War on Debt Bonds; to the Committee on mission, to establish a timely, independent, Commerce. Ways and Means. and fair process for realigning or closing out- By Mr. STEARNS: By Mr. PAUL: dated, ineffective, or inefficient Executive H.R. 166. A bill to prohibit the Federal H.R. 147. A bill to amend the Federal Food, agencies; to the Committee on Oversight and Communications Commission from regu- Drug, and Cosmetic Act with respect to the Government Reform. lating information services or Internet ac- importation of prescription drugs and the By Mr. ROYCE: cess services absent a market failure, and for H.R. 156. A bill to impose sanctions on in- sale of such drugs through Internet sites; to other purposes; to the Committee on Energy dividuals who are complicit in human rights the Committee on Energy and Commerce. and Commerce. abuses committed against nationals of Viet- By Mr. STEARNS: By Mr. PAUL: nam or their family members, and for other H.R. 148. A bill to amend title II of the So- purposes; to the Committee on Foreign Af- H.R. 167. A bill to provide that no Federal cial Security Act and the Internal Revenue fairs, and in addition to the Committees on funds may be used for the design, renovation, Code of 1986 to provide prospectively that the Judiciary, Ways and Means, and Finan- construction, or rental of any headquarters wages earned, and self-employment income cial Services, for a period to be subsequently for the United Nations in any location in the derived, by individuals who are not citizens determined by the Speaker, in each case for United States unless the President transmits or nationals of the United States shall not be consideration of such provisions as fall with- to Congress a certification that the United credited for coverage under the old-age, sur- in the jurisdiction of the committee con- Nations has adopted internationally recog- vivors, and disability insurance program cerned. nized best practices in contracting and pro- under such title, and to provide the Presi- By Mr. SESSIONS: curement; to the Committee on Foreign Af- dent with authority to enter into agree- H.R. 157. A bill to improve access to emer- fairs. ments with other nations taking into ac- gency medical services, and for other pur- By Mr. STEARNS: count such limitation on crediting of wages poses; to the Committee on Energy and Com- H.R. 168. A bill to direct the Secretary of and self-employment income; to the Com- merce. Veterans Affairs to improve the prevention, mittee on Ways and Means. By Mr. SESSIONS: diagnosis, and treatment of veterans with By Mr. PAUL: H.R. 158. A bill to amend the Internal Rev- chronic obstructive pulmonary disease; to H.R. 149. A bill to amend the Internal Rev- enue Code of 1986 to repeal certain limita- the Committee on Veterans’ Affairs. enue Code of 1986 to repeal the 1993 increase tions on the expensing of section 179 prop- By Mr. STEARNS: in taxes on Social Security benefits; to the erty, to allow taxpayers to elect shorter re- Committee on Ways and Means. covery periods for purposes of determining H.R. 169. A bill to require the Secretary of By Mr. PAUL: the deduction for depreciation, and for other Veterans Affairs to include on the main page H.R. 150. A bill to amend the Internal Rev- purposes; to the Committee on Ways and of the Internet website of the Department of enue Code of 1986 to repeal the inclusion in Means. Veterans Affairs a hyperlink to the gross income of Social Security benefits; to By Mr. SESSIONS: VetSuccess Internet website and to publicize the Committee on Ways and Means. H.R. 159. A bill to direct the Secretary of such Internet website; to the Committee on By Mr. PAUL: Defense and the Secretary of Veterans Af- Veterans’ Affairs. H.R. 151. A bill to provide greater health fairs to carry out a pilot program under By Mr. STEARNS: care freedom for seniors; to the Committee which the Secretaries make payments for H.R. 170. A bill to amend the Internal Rev- on Ways and Means, and in addition to the certain treatments of traumatic brain injury enue Code of 1986 to exclude from gross in- Committee on Energy and Commerce, for a and post-traumatic stress disorder; to the come certain interest amounts received by period to be subsequently determined by the Committee on Armed Services, and in addi- individuals; to the Committee on Ways and Speaker, in each case for consideration of tion to the Committee on Veterans’ Affairs, Means. such provisions as fall within the jurisdic- for a period to be subsequently determined By Mr. STEARNS: by the Speaker, in each case for consider- tion of the committee concerned. H.R. 171. A bill to amend the Internal Rev- By Mr. POE of Texas (for himself, Mr. ation of such provisions as fall within the ju- risdiction of the committee concerned. enue Code of 1986 to allow a deduction for BRADY of Texas, Mr. GOHMERT, Mr. amounts paid for health insurance and pre- ROYCE, Mr. ROE of Tennessee, Mr. By Mr. SHULER: H.R. 160. A bill to amend title II of the So- scription drug costs of individuals; to the HALL, Mr. CAMPBELL, Mr. BURTON of cial Security Act to eliminate the five- Committee on Ways and Means. Indiana, Mr. STUTZMAN, Mr. STEARNS, month waiting period in the disability insur- By Mr. STEARNS: and Mr. LATTA): H.R. 152. A bill to utilize the National ance program, and for other purposes; to the H.R. 172. A bill to provide that no auto- Guard to provide support for the border con- Committee on Ways and Means. matic pay adjustment for Members of Con- By Mr. SHULER: trol activities of the United States Customs gress shall be made in the year following a H.R. 161. A bill to amend the Internal Rev- fiscal year in which there is a Federal budget and Border Protection of the Department of enue Code of 1986 to allow Head Start teach- Homeland Security, and for other purposes; deficit; to the Committee on House Adminis- ers the same above-the-line deduction for tration, and in addition to the Committee on to the Committee on Armed Services. supplies as is allowed to elementary and sec- By Mr. POE of Texas (for himself, Mr. Oversight and Government Reform, for a pe- ondary school teachers; to the Committee on riod to be subsequently determined by the BRADY of Texas, Mr. BISHOP of Utah, Ways and Means. Mr. LAMBORN, Mr. HALL, Mr. ROE of Speaker, in each case for consideration of By Mr. SIMPSON: such provisions as fall within the jurisdic- Tennessee, Mr. CONAWAY, Mr. FRANKS H.R. 162. A bill to amend title 28, United tion of the committee concerned. of Arizona, Mr. BURTON of Indiana, States Code, to provide for the appointment By Mr. STEARNS: Mr. STUTZMAN, Mr. AKIN, Mr. COLE, of additional Federal circuit judges, to di- Ms. FOXX, Mr. GINGREY of Georgia, vide the Ninth Judicial Circuit of the United H.R. 173. A bill to amend titles XI and Mr. GOHMERT, Mr. SAM JOHNSON of States into two judicial circuits, and for XVIII of the Social Security Act to provide Texas, Mrs. LUMMIS, Mr. MCKEON, other purposes; to the Committee on the Ju- increased civil and criminal penalties for Mr. PAUL, and Mr. LATTA): diciary. acts involving fraud and abuse under the H.R. 153. A bill to prohibit funding for the By Mr. SIMPSON: Medicare Program and to increase the Environmental Protection Agency to be used H.R. 163. A bill to establish certain wilder- amount of the surety bond required for sup- to implement or enforce a cap-and-trade pro- ness areas in central Idaho and to authorize pliers of durable medical equipment; to the

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A bill to amend title 10, United GEORGE MILLER of California, Ms. merce, for a period to be subsequently deter- States Code, to ensure that members of the SCHAKOWSKY, Mr. CONYERS, Mr. mined by the Speaker, in each case for con- reserve components of the Armed Forces who STARK, Mr. OLVER, Ms. LEE of Cali- sideration of such provisions as fall within have served on active duty or performed ac- fornia, Ms. MOORE, Mr. FRANK of the jurisdiction of the committee concerned. tive service since September 11, 2001, in sup- Massachusetts, Mr. ENGEL, Mr. JOHN- By Mr. THOMPSON of Mississippi: port of a contingency operation or in other SON of Georgia, Ms. EDWARDS, Mr. H.R. 174. A bill to enhance homeland secu- emergency situations receive credit for such HINCHEY, Ms. ZOE LOFGREN of Cali- rity, including domestic preparedness and service in determining eligibility for early fornia, Mr. HONDA, Mr. ACKERMAN, collective response to terrorism, by amend- receipt of non-regular service retired pay, Mr. MURPHY of Connecticut, Mr. ing the Homeland Security Act of 2002 to es- and for other purposes; to the Committee on WEINER, Mr. ELLISON, Mr. CAPUANO, tablish the Cybersecurity Compliance Divi- Armed Services. Ms. MATSUI, Mr. GARAMENDI, Mr. sion and provide authorities to the Depart- By Mr. WILSON of South Carolina: ROTHMAN of New Jersey, Ms. ment of Homeland Security to enhance the H.R. 182. A bill to establish a National DELAURO, Mr. SARBANES, Ms. security and resiliency of the Nation’s cyber Commission on American Recovery and Re- HIRONO, Mr. FATTAH, Mr. SCOTT of and physical infrastructure against ter- investment; to the Committee on Education Virginia, Ms. RICHARDSON, Mr. NAD- rorism and other cyber attacks, and for and the Workforce. LER, Mr. FARR, Ms. PINGREE of Maine, other purposes; to the Committee on Home- By Mr. WILSON of South Carolina: Mr. FILNER, Mr. HASTINGS of Florida, land Security, and in addition to the Com- H.R. 183. A bill to direct the Secretary of Ms. JACKSON LEE of Texas, Mr. RYAN mittee on Oversight and Government Re- Veterans Affairs to carry out a study on the of Ohio, Ms. BALDWIN, Mr. TONKO, Ms. form, for a period to be subsequently deter- acquisition of land adjacent to Beaufort Na- SLAUGHTER, Mr. GUTIERREZ, Mr. mined by the Speaker, in each case for con- tional Cemetery, Beaufort, South Carolina; HOLT, Mr. GRIJALVA, Ms. TSONGAS, sideration of such provisions as fall within to the Committee on Veterans’ Affairs. Mr. LUJA´ N, Mr. HIGGINS, Mr. THOMP- the jurisdiction of the committee concerned. By Mr. WILSON of South Carolina: SON of California, and Mr. COHEN): By Mr. THOMPSON of Mississippi: H.R. 184. A bill to repeal the sunset of the H.R. 191. A bill to amend the Patient Pro- H.R. 175. A bill to amend the Post-Katrina Economic Growth and Tax Relief Reconcili- tection and Affordable Care Act to establish Emergency Management Reform Act of 2006 ation Act of 2001 with respect to the expan- a public health insurance option; to the to direct the Administrator of the Federal sion of the adoption credit and adoption as- Committee on Energy and Commerce. Emergency Management Agency to develop sistance programs; to the Committee on By Ms. WOOLSEY (for herself and Mr. lifecycle plans and tracking procedures for Ways and Means. THOMPSON of California): housing units provided to individuals and By Mr. WILSON of South Carolina: H.R. 192. A bill to expand the boundaries of households to respond to disaster-related H.R. 185. A bill to amend the Internal Rev- the Gulf of the Farallones National Marine housing needs, and for other purposes; to the enue Code of 1986 to permanently reduce in- Sanctuary and the Cordell Bank National Committee on Transportation and Infra- dividual income tax rates; to the Committee Marine Sanctuary, and for other purposes; to structure, and in addition to the Committee on Ways and Means. the Committee on Natural Resources. on Homeland Security, for a period to be By Mr. WILSON of South Carolina: By Mr. GOODLATTE (for himself, Mr. subsequently determined by the Speaker, in H.R. 186. A bill to amend title 10, United HENSARLING, Mr. KINGSTON, Mr. each case for consideration of such provi- States Code, to expand the eligibility for SMITH of Texas, Mr. COFFMAN of Colo- sions as fall within the jurisdiction of the concurrent receipt of military retired pay rado, Mr. AKIN, Mr. ALEXANDER, Mrs. and veterans’ disability compensation to in- committee concerned. BACHMANN, Mr. BACHUS, Mr. BILBRAY, clude all members of the uniformed services By Mr. THOMPSON of Mississippi: Mr. BRADY of Texas, Mr. BROOKS, Mr. H.R. 176. A bill to enhance homeland secu- who are retired under chapter 61 of such title BROUN of Georgia, Mr. BURGESS, Mr. rity, including domestic preparedness and for disability, regardless of the members’ BURTON of Indiana, Mr. CAMPBELL, collective response to terrorism, by improv- disability rating percentage; to the Com- Mr. CARTER, Mr. CHAFFETZ, Mr. ing the Federal Protective Service, and for mittee on Armed Services, and in addition to CONAWAY, Mr. CRAWFORD, Mr. DENT, other purposes; to the Committee on Trans- the Committees on the Budget, and Vet- Mr. DUNCAN of Tennessee, Mrs. EMER- portation and Infrastructure, and in addition erans’ Affairs, for a period to be subse- SON, Mr. FLEMING, Mr. FORBES, Mr. to the Committee on Homeland Security, for quently determined by the Speaker, in each FRANKS of Arizona, Mr. GALLEGLY, a period to be subsequently determined by case for consideration of such provisions as Mr. GARDNER, Mr. GOHMERT, Mr. the Speaker, in each case for consideration fall within the jurisdiction of the committee GRIFFITH of Virginia, Mr. HALL, Mr. of such provisions as fall within the jurisdic- concerned. HERGER, Mr. HULTGREN, Mr. HURT, tion of the committee concerned. By Mr. WILSON of South Carolina: Mr. ISSA, Mr. JORDAN, Mr. KING of By Mr. THORNBERRY (for himself, H.R. 187. A bill to provide that rates of pay Iowa, Mr. LAMBORN, Mr. LANCE, Mr. Mr. ISSA, Mr. YOUNG of Alaska, Mr. for Members of Congress shall not be subject LATTA, Mr. LUETKEMEYER, Mr. MACK, BACHUS, Mr. MANZULLO, Mr. WILSON to automatic adjustment; and to provide Mr. MANZULLO, Mr. MCCAUL, Mr. of South Carolina, Mr. OLSON, Mr. that any bill or resolution, and any amend- MCCLINTOCK, Mr. MCHENRY, Mrs. ROGERS of Kentucky, Mr. BARTON of ment to any bill or resolution, which would MCMORRIS RODGERS, Mr. MILLER of Texas, Mr. SESSIONS, Mr. HALL, Mr. increase Members’ pay may be adopted only Florida, Mrs. MILLER of Michigan, FLEMING, Mr. BROUN of Georgia, Mr. by a recorded vote; to the Committee on Mrs. MYRICK, Mr. NEUGEBAUER, Mr. BILBRAY, Mr. ROGERS of Alabama, House Administration, and in addition to the NUGENT, Mr. OLSON, Mr. PENCE, Mr. Mr. CONAWAY, Mr. SMITH of Texas, Committees on Oversight and Government PLATTS, Mr. POE of Texas, Mr. POSEY, and Mr. CULBERSON): Reform, and Rules, for a period to be subse- H.R. 177. A bill to repeal the Federal estate quently determined by the Speaker, in each Mr. REHBERG, Mr. RIGELL, Mr. ROE of and gift taxes; to the Committee on Ways case for consideration of such provisions as Tennessee, Mr. ROGERS of Kentucky, and Means. fall within the jurisdiction of the committee Mr. ROSKAM, Mr. ROSS of Florida, Mr. By Mr. WILSON of South Carolina: concerned. ROYCE, Mr. SCALISE, Mr. SENSEN- H.R. 178. A bill to amend title 10, United By Mr. WOODALL: BRENNER, Mr. SESSIONS, Mr. SUL- States Code, to repeal the requirement for H.R. 188. A bill to limit the total discre- LIVAN, Mr. THOMPSON of Pennsyl- reduction of survivor annuities under the tionary appropriations for fiscal year 2011 to vania, Mr. UPTON, Mr. WESTMORE- Survivor Benefit Plan for military surviving the level set by the Continuing Appropria- LAND, Mr. WILSON of South Carolina, spouses to offset the receipt of veterans de- tions Act, 2011; to the Committee on the Mr. WITTMAN, Mr. YOUNG of Alaska, pendency and indemnity compensation; to Budget. Ms. FOXX, Mr. RIBBLE, Mrs. the Committee on Armed Services. By Mr. WOODALL: BLACKBURN, Mr. FARENTHOLD, Mr. By Mr. WILSON of South Carolina: H.R. 189. A bill to repeal the Troubled GRAVES of Missouri, Mr. PEARCE, Mr. H.R. 179. A bill to amend title 10, United Asset Relief Program and to prevent future PITTS, Mr. POMPEO, Mr. BARTLETT, States Code, to eliminate the requirement bailouts; to the Committee on Financial Mr. GARRETT, and Mr. CHABOT): that certain former members of the reserve Services. H.J. Res. 1. A joint resolution proposing a components of the Armed Forces be at least By Ms. WOOLSEY (for herself, Mr. balanced budget amendment to the Constitu- 60 years of age in order to be eligible to re- GEORGE MILLER of California, and Ms. tion of the United States; to the Committee ceive health care benefits; to the Committee HIRONO): on the Judiciary. on Armed Services. H.R. 190. A bill to amend the Occupational By Mr. GOODLATTE (for himself, Mr. By Mr. WILSON of South Carolina: Safety and Health Act of 1970 to expand cov- FRANKS of Arizona, Mr. GALLEGLY, H.R. 180. A bill to amend the National erage under the Act, to increase protections Mr. GARDNER, Mr. GARRETT, Mr. GER- Guard Youth Challenge Program under title for whistleblowers, to increase penalties for LACH, Mr. GOHMERT, Mr. GRIFFITH of 32, United States Code, to exclude non- high gravity violations, to adjust penalties Virginia, Mr. HALL, Mr. HARPER, Mr. defense funds made available by other Fed- for inflation, to provide rights for victims or HELLER, Mr. HERGER, Mr. HULTGREN, eral agencies for the Program from the their family members, and for other pur- Mr. HURT, Mr. ISSA, Mr. SAM JOHNSON matching requirements of the Program; to poses; to the Committee on Education and of Texas, Mr. JONES, Mr. JORDAN, Mr. the Committee on Armed Services. the Workforce. KING of Iowa, Mr. KINGSTON, Mr.

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LAMBORN, Mr. LANCE, Mr. LATTA, Mr. By Ms. KAPTUR: By Mr. CAPUANO: LOBIONDO, Mr. LUCAS, Mr. H.J. Res. 7. A joint resolution proposing an H. Res. 8. A resolution providing for the LUETKEMEYER, Mrs. LUMMIS, Mr. amendment to the Constitution of the designation of certain minority employees; DANIEL E. LUNGREN of California, Mr. United States waiving the application of the considered and agreed to. MACK, Mr. MANZULLO, Mr. MARINO, first article of amendment to the political By Mr. DREIER (for himself, Mr. Mr. MATHESON, Mr. MCCAUL, Mr. speech of corporations and other business or- BRADY of Texas, Mr. LANKFORD, Mr. MCCLINTOCK, Mr. MCHENRY, Mr. ganizations with respect to the disbursement PITTS, and Mr. CONAWAY): MCKEON, Mr. MCKINLEY, Mrs. of funds in connection with public elections; H. Res. 9. A resolution instructing certain MCMORRIS RODGERS, Mr. MILLER of to the Committee on the Judiciary. committees to report legislation replacing Florida, Mrs. MILLER of Michigan, By Ms. KAPTUR: the job-killing health care law; to the Com- Mr. MURPHY of Pennsylvania, Mr. H.J. Res. 8. A joint resolution proposing an mittee on Rules. HENSARLING, Mr. SMITH of Texas, Mr. amendment to the Constitution of the By Mr. DREIER: COFFMAN of Colorado, Mr. ADERHOLT, United States relating to limitations on the H. Res. 10. A resolution fixing the daily Mr. AKIN, Mr. ALEXANDER, Mrs. amounts of contributions and expenditures hour of meeting of the First Session of the BACHMANN, Mr. BACHUS, Mr. BARTON that may be made in connection with cam- One Hundred Twelfth Congress; considered of Texas, Mrs. BIGGERT, Mr. BILBRAY, paigns for election to public office; to the and agreed to. Mr. BILIRAKIS, Mr. BISHOP of Utah, Committee on the Judiciary. By Mr. RUSH (for himself, Ms. CLARKE Mr. BONNER, Mr. BOREN, Mr. By Mr. DREIER: of New York, Mr. TOWNS, and Ms. BOUSTANY, Mr. BRADY of Texas, Mr. H. Con. Res. 1. Concurrent resolution re- JACKSON LEE of Texas): BROOKS, Mr. BROUN of Georgia, Mr. garding consent to assemble outside the seat H. Res. 11. A resolution recognizing the BUCHANAN, Mr. BURGESS, Mr. BURTON of government; considered and agreed to. 50th anniversary of the Peace Corps and ex- of Indiana, Mr. CAMPBELL, Mr. By Mr. ISSA: pressing support for designation of March CARTER, Mr. CASSIDY, Mr. CHAFFETZ, H. Con. Res. 2. Concurrent resolution es- 2011 as Peace Corps Month; to the Committee Mr. COBLE, Mr. COLE, Mr. CONAWAY, tablishing the Congressional Commission on on Foreign Affairs. Mr. CRAWFORD, Mr. CULBERSON, Mr. the European Union, and for other purposes; By Mr. BARTLETT: DAVIS of Kentucky, Mr. DENT, Mr. to the Committee on Foreign Affairs, and in H. Res. 12. A resolution expressing the DIAZ-BALART, Mr. DUNCAN of Ten- addition to the Committee on Rules, for a sense of the House of Representatives that nessee, Mrs. EMERSON, Mr. FLEMING, period to be subsequently determined by the the United States, in collaboration with Mr. FLORES, Mr. FORBES, Mr. Speaker, in each case for consideration of other international allies, should establish FORTENBERRY, Mrs. MYRICK, Mr. such provisions as fall within the jurisdic- an energy project with the magnitude, cre- NEUGEBAUER, Mr. NUGENT, Mr. tion of the committee concerned. ativity, and sense of urgency that was incor- OLSON, Mr. PENCE, Mr. PETERSON, Mr. By Mrs. BLACKBURN (for herself, Mr. porated in the ‘‘Man on the Moon’’ project PLATTS, Mr. POE of Texas, Mr. POSEY, BARTON of Texas, Mr. BROUN of Geor- address the inevitable challenges of ‘‘Peak Mr. PRICE of Georgia, Mr. REED, Mr. gia, Mr. BURGESS, Mr. BURTON of In- Oil’’; to the Committee on Energy and Com- REHBERG, Mr. REICHERT, Mr. RIBBLE, diana, Mr. SAM JOHNSON of Texas, merce. Mr. RIGELL, Mrs. ROBY, Mr. ROE of Mrs. LUMMIS, Mr. MANZULLO, Mr. By Mr. BARTLETT: Tennessee, Mr. ROGERS of Kentucky, MARCHANT, Mr. GARY G. MILLER of H. Res. 13. A resolution expressing the Mr. ROSKAM, Ms. ROS-LEHTINEN, Mr. California, Mr. OLSON, Mr. REHBERG, sense of the House of Representatives regard- ROSS of Florida, Mr. ROYCE, Mr. Mr. ROGERS of Kentucky, Mr. ing the recognition, protection, promotion, SCALISE, Mr. SCHILLING, Mr. AUSTIN SHIMKUS, and Mr. YOUNG of Alaska): and facilitation of the annual JFK 50 Mile; SCOTT of Georgia, Mr. SENSEN- H. Con. Res. 3. Concurrent resolution ex- to the Committee on Natural Resources. BRENNER, Mr. SESSIONS, Mr. SHIMKUS, pressing the sense of Congress that the By Mr. GINGREY of Georgia: Mr. SHUSTER, Mr. SIMPSON, Mr. SMITH President should issue, and Congress should H. Res. 14. A resolution amending the of Nebraska, Mr. SULLIVAN, Mr. hold hearings on, a report and a certification Rules of the House of Representatives to re- THOMPSON of Pennsylvania, Mr. regarding the responsibilities, authorities, quire that standing committees make avail- TURNER, Mr. UPTON, Mr. WESTMORE- and powers of his ‘‘czars’’; to the Committee able the record of recorded votes within 48 LAND, Mr. WILSON of South Carolina, on Oversight and Government Reform. hours after that vote; to the Committee on Mr. WITTMAN, Mr. WOLF, Mr. YOUNG By Ms. KAPTUR: Rules. H. Con. Res. 4. Concurrent resolution ex- of Alaska, Mr. GARY G. MILLER of By Mr. GINGREY of Georgia (for him- pressing the sense of Congress that the Su- California, Mr. MEEHAN, Mrs. self, Mr. WESTMORELAND, Mrs. preme Court misinterpreted the First BLACKBURN, Mr. CALVERT, Mr. BLACKBURN, Mr. MCCAUL, Mr. Amendment to the Constitution in the case FARENTHOLD, Mr. GRAVES of Mis- BILBRAY, Mr. POSEY, Mr. MANZULLO, of Buckley v. Valeo; to the Committee on souri, Mr. HUNTER, Mr. LEWIS of Cali- Mr. JONES, Mr. BURTON of Indiana, the Judiciary. fornia, Mr. PEARCE, Mr. PITTS, Mr. Mr. BROUN of Georgia, Mrs. By Mr. WILSON of South Carolina: POMPEO, Mr. SCHOCK, Ms. GRANGER, MCMORRIS RODGERS, Mrs. BACHMANN, H. Con. Res. 5. Concurrent resolution sup- Mr. WALDEN, Mr. CUELLAR, Mr. BART- Mr. BISHOP of Utah, Mr. HARPER, Mr. porting the reunification of Jerusalem; to LETT, and Mr. CHABOT): SAM JOHNSON of Texas, Mr. LAMBORN, the Committee on Foreign Affairs. H.J. Res. 2. A joint resolution proposing a Mr. GARRETT, Mr. MCCLINTOCK, Mr. By Mr. HENSARLING: balanced budget amendment to the Constitu- ROE of Tennessee, Mr. SHIMKUS, and tion of the United States; to the Committee H. Res. 1. A resolution electing officers of the House of Representatives; considered and Mr. POE of Texas): on the Judiciary. H. Res. 15. A resolution amending the agreed to. By Mr. FLEMING: Rules of the House of Representatives to re- By Mr. CANTOR: H.J. Res. 3. A joint resolution proposing an quire that general appropriations for mili- amendment to the Constitution of the H. Res. 2. A resolution to inform the Sen- ate that a quorum of the House has assem- tary construction and veterans’ affairs be United States relating to parental rights; to considered as stand-alone measures; to the the Committee on the Judiciary. bled and of the election of the Speaker and Committee on Rules. By Mr. BUCHANAN: the Clerk; considered and agreed to. By Mr. ROYCE (for himself, Ms. ZOE H.J. Res. 4. A joint resolution proposing a By Mr. CANTOR: balanced budget amendment to the Constitu- H. Res. 3. A resolution authorizing the LOFGREN of California, Mr. SMITH of tion of the United States; to the Committee Speaker to appoint a committee to notify New Jersey, Ms. LORETTA SANCHEZ of on the Judiciary. the President of the assembly of the Con- California, Mr. ROHRABACHER, and By Mr. HENSARLING (for himself, Mr. gress; considered and agreed to. Mr. WOLF): H. Res. 16. A resolution calling on the PENCE, and Mr. CAMPBELL): By Mr. DINGELL: H.J. Res. 5. A joint resolution proposing an H. Res. 4. A resolution authorizing the State Department to list the Socialist Re- amendment to the Constitution of the Clerk to inform the President of the election public of Vietnam as a ‘‘Country of Par- United States to control spending; to the of the Speaker and the Clerk; considered and ticular Concern’’ with respect to religious Committee on the Judiciary. agreed to. freedom; to the Committee on Foreign Af- By Ms. KAPTUR: By Mr. CANTOR: fairs. H.J. Res. 6. A joint resolution proposing an H. Res. 5. A resolution adopting rules for By Mr. SESSIONS: amendment to the Constitution of the the One Hundred Twelfth Congress; consid- H. Res. 17. A resolution expressing the United States waiving the application of the ered and agreed to. sense of the House of Representatives that first article of amendment to the political By Mr. HENSARLING: the Commissioner of Food and Drugs should speech of corporations and other business or- H. Res. 6. A resolution electing Members to evaluate the scientific evidence on the ques- ganizations with respect to the disbursement certain standing committees of the House of tion of whether to add more folic acid to en- of funds in connection with public elections Representatives; considered and agreed to. riched grain products and expand folic acid and granting Congress and the States the By Mr. CAPUANO: fortification into cornmeal and corn-based power to establish limits on contributions H. Res. 7. A resolution electing Members to food products to help prevent further serious and expenditures in elections for public of- certain standing committees of the House of birth defects; to the Committee on Energy fice; to the Committee on the Judiciary. Representatives; considered and agreed to. and Commerce.

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H42 CONGRESSIONAL RECORD — HOUSE January 5, 2011 By Mr. STEARNS: punted to Congress in the Constitution The constitutional authority of Congress H. Res. 18. A resolution expressing the to enact the accompanying bill or joint to enact this legislation is provided by Arti- sense of the House of Representatives with resolution. cle I, section 8 of the United States Constitu- respect to pregnancy resource centers; to the tion (clauses 12, 13, 14, 16, and 18), which Committee on Energy and Commerce. By Mr. CANTOR: grants Congress the power to raise and sup- By Ms. WOOLSEY: H.R. 2. port an Army; to provide and maintain a Congress has the power to enact this legis- H. Res. 19. A resolution calling for the Navy; to make rules for the government and lation pursuant to the following: adoption of a smart security platform for the regulation of the land and naval forces; to For over 200 years, the Congress, the Exec- 21st century; to the Committee on Foreign provide for organizing, arming, and dis- utive, and the Judiciary have acted accord- Affairs. ciplining the militia; and to make all laws ing to the principle of coordinate branch By Ms. WOOLSEY (for herself, Mr. necessary and proper to execute these pow- construction based on their respective obli- SCHIFF, Mr. TOWNS, Mr. ACKERMAN, ers. gations to ensure that all their actions are Mrs. MALONEY, Ms. LEE of California, By Mr. JONES: constitutional. This is the clear meaning of Ms. JACKSON LEE of Texas, Mr. WU, H.R. 24. the Vesting Clauses of Articles I, II, and III Mr. CAPUANO, Mr. HINCHEY, Ms. Congress has the power to enact this legis- along with the Supremacy Clause of Article SCHWARTZ, Mr. CROWLEY, Ms. MOORE, lation pursuant to the following: VI, as well as of the Oath of Office that each Mr. COHEN, Mr. CUMMINGS, Ms. BERK- The constitutional authority of Congress constitutional officer of the Federal govern- LEY, Mr. FALEOMAVAEGA, Mr. PAYNE, to enact this legislation is provided by Arti- ment must take pursuant to Article VI. Mr. FARR, Mr. MORAN, Ms. EDWARDS, cle 1, section 8 of the United States Constitu- James Madison made this clear in 1834 stat- Mr. HASTINGS of Florida, Mr. tion (clauses 12, 13, 14, and 16), which grants ing, ‘‘As the Legislative, Executive, and Ju- LOEBSACK, Mr. OLVER, Ms. BROWN of Congress the power to raise and support an dicial departments of the United States are Florida, Ms. TSONGAS, Mr. PASCRELL, Army; to provide and maintain a Navy; to co-ordinate, and each equally bound to sup- Mr. GRIJALVA, Ms. ZOE LOFGREN of make rules for the government and regula- port the Constitution, it follows that each California, Mr. CARNAHAN, Mr. tion of the land and naval forces; and to pro- must in the exercise of its functions be guid- STARK, Mr. BRADY of Pennsylvania, vide for organizing, arming, and disciplining ed by the text of the Constitution according Mr. HOLT, Mr. PALLONE, Ms. the militia. to its own interpretation of it.’’ WASSERMAN SCHULTZ, Ms. BALDWIN, By Mr. WOODALL: The ‘‘Repealing the Job Killing Health Ms. EDDIE BERNICE JOHNSON of Texas, H.R. 25. Care Law Act’’ repeals the Patient Protec- Mr. GONZALEZ, Ms. KAPTUR, Mr. Congress has the power to enact this legis- tion and Affordable Care Act and title I and MICHAUD, Ms. DELAURO, Mr. SMITH lation pursuant to the following: subtitle B of title II of the Health Care and of Washington, Ms. BORDALLO, Mr. AL Clause 1, Section 8 of Article 1 of the Education Affordability Reconciliation Act GREEN of Texas, Mr. RUSH, Mr. United States Constitution which reads: of 2010, which included several specific provi- GEORGE MILLER of California, Ms. ‘‘The Congress shall have Power to lay and sions that extend beyond the enumerated HIRONO, Mr. BISHOP of Georgia, Mr. collect Taxes, Duties, Imposts, and Excises, powers granted to Congress by the Constitu- CONYERS, Ms. SPEIER, Mr. to pay the Debts, and provide for the com- tion, including, in particular, the Commerce, BLUMENAUER, Mr. HONDA, Ms. SUT- mon Defense and General Welfare of the Taxing, and the Spending Clauses of Article TON, Mr. VAN HOLLEN, Ms. HARMAN, United States; but all Duties and Imposts I, Section 8, as well as the Necessary and Mr. SERRANO, Mr. SIRES, and Mr. and Excises shall be uniform throughout the Proper Clauses contained therein, and that YARMUTH): United States.’’ otherwise improperly extend authority to H. Res. 20. A resolution expressing the By Ms. SPEIER: Federal agencies in a manner inconsistent sense of the House of Representatives that H.R. 26. with the Vesting Clause of Article I, Section the Senate should ratify the Convention on Congress has the power to enact this legis- 1. the Elimination of All Forms of Discrimina- lation pursuant to the following: The general repeal of this legislation is tion Against Women (CEDAW); to the Com- This bill is enacted pursuant to the power consistent with the powers that are reserved mittee on Foreign Affairs. granted to Congress under Article 1, Section to the States and to the people as expressed By Ms. WOOLSEY (for herself, Mr. 8 of the United States Constitution. in Amendment X to the United States Con- GRIJALVA, Mr. HOLT, Mr. MARKEY, By Mr. MCINTYRE: stitution. Mr. HONDA, Mr. FATTAH, Ms. BALD- H.R. 27. By Mr. GARRETT: WIN, Mr. OLVER, and Mr. SERRANO): Congress has the power to enact this legis- H.R. 21. lation pursuant to the following: H. Res. 21. A resolution recognizing non- Congress has the power to enact this legis- proliferation options for nuclear under- This bill is enacted pursuant to the power lation pursuant to the following: granted to Congress under Article I, Section standing to keep everyone safe (NO NUKES); This bill seeks to strike a provision from to the Committee on Foreign Affairs, and in 8, Clause 3 of the United States Constitution. the Patient Protection and Affordable Care By Mr. MCINTYRE: addition to the Committee on Armed Serv- Act, the so-called ‘‘individual mandate,’’ ices, for a period to be subsequently deter- H.R. 28. which is unconstitutional. Congress has the power to enact this legis- mined by the Speaker, in each case for con- The Patient Protection and Affordable sideration of such provisions as fall within lation pursuant to the following: Care Act requires individuals to purchase This bill is enacted pursuant to the power the jurisdiction of the committee concerned. private health insurance—health insurance granted to Congress under Article I, Section f that has been approved by the federal gov- 8, of the United States Constitution. ernment—or pay a fine. While Congress is PRIVATE BILLS AND By Mr. MCINTYRE: granted the authority to ‘‘regulate com- H.R. 29. RESOLUTIONS merce . . . among the several states,’’ and Congress has the power to enact this legis- Under clause 3 of rule XII, private the Supreme Court has allowed Congress to lation pursuant to the following: bills and resolutions of the following regulate and prohibit ‘‘economic’’ activities This bill is enacted pursuant to the power titles were introduced and severally re- that are not, strictly speaking, commerce, granted to Congress under Article I, Section this is the first time in our nation’s history ferred, as follows: 8, Clause 3 of the United States Constitution. that Congress has sought to regulate inac- By Mrs. BIGGERT: By Mr. LATOURETTE: tivity. And for the first time, Congress has H.R. 30. H.R. 193. A bill for the relief of Zdenko mandated that individuals purchase a pri- Congress has the power to enact this legis- Lisak; to the Committee on the Judiciary. vate good, approved by the government, as lation pursuant to the following: By Mr. PASTOR of Arizona: the price of citizenship. This requirement is Clause 1 of Section 8 of Article I. H.R. 194. A bill for the relief of Martha plainly unconstitutional, and, as Federal By Mrs. BIGGERT: Palmillas de Morales; to the Committee on District Court Judge Henry Hudson recently H.R. 31. the Judiciary. wrote in his opinion striking down the indi- Congress has the power to enact this legis- By Mr. PASTOR of Arizona: vidual mandate, ‘‘is beyond the historical lation pursuant to the following: H.R. 195. A bill for the relief of Nery Anto- reach of the Commerce Clause.’’ Article 1, section 8, clause 1 (relating to nio Velasquez-Roblero; to the Committee on By Ms. SPEIER: the general welfare of the United States), the Judiciary. H.R. 22. clause 3 (relating to the power to regulate f Congress has the power to enact this legis- interstate commerce), and clause 18. lation pursuant to the following: By Mrs. BIGGERT: CONSTITUTIONAL AUTHORITY Article 1, Section 8: Congress shall have H.R. 32. STATEMENT the power to regulate commerce among the Congress has the power to enact this legis- states, and provide for the general welfare. lation pursuant to the following: Pursuant to clause 7 of rule XII of By Mr. FILNER: Article 1, section 8, clause 1 (relating to the Rules of the House of Representa- H.R. 23. the general welfare of the United States) and tives, the following statements are sub- Congress has the power to enact this legis- clause 3 (relating to the power to regulate mitted regarding the specific powers lation pursuant to the following: interstate commerce).

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 5, 2011 CONGRESSIONAL RECORD — HOUSE H43 By Mrs. BIGGERT: By Mr. ISSA: Article I, Section 8, Clause 1 of the United H.R. 33. H.R. 45. States Constitution. Congress has the power to enact this legis- Congress has the power to enact this legis- By Mr. SCALISE: lation pursuant to the following: lation pursuant to the following: H.R. 61. Article 1, section 8, clause 1 (relating to Article I, Section 5, Clauses 4 and 18 of the Congress has the power to enact this legis- the general welfare of the United States) and United States Constitution. lation pursuant to the following: clause 3 (relating to the power to regulate By Mr. ISSA: Article I, Section 8, Clause 18 of the United foreign and interstate commerce). H.R. 46. States Constitution. By Mrs. BIGGERT: Congress has the power to enact this legis- By Mr. DOGGETT: H.R. 34. lation pursuant to the following: H.R. 62. Congress has the power to enact this legis- Article 1, Section 8, Clause 4; 14th Amend- Congress has the power to enact this legis- lation pursuant to the following: ment. lation pursuant to the following: Article 1, section 8, clause 1 (relating to By Mr. ISSA: Clause 1 of Section 8 of Article I of the the general welfare of the United States) and H.R. 47. United States Constitution and Amendment clause 3 (relating to the power to regulate Congress has the power to enact this legis- XVI of the United States Constitution. interstate commerce). lation pursuant to the following: By Mr. DOGGETT: By Mrs. BIGGERT: Article 1, Section 8; 4th Amendment. H.R. 63. H.R. 35. By Mr. CONNOLLY: Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 48. lation pursuant to the following: lation pursuant to the following: Congress has the power to enact this legis- Article I, Section 8, Clause 3 of the U.S. Article I, Section 8, clause 1 (‘‘The Con- lation pursuant to the following: Constitution. gress shall have Power To lay and collect Article 1, Section 8, Clause 18. By Mr. DOGGETT: Taxes, Duties, Imposts and Excises . . .’’), By Mr. YOUNG of Alaska: H.R. 64. and the 16th Amendment. H.R. 49. Congress has the power to enact this legis- By Mrs. BIGGERT: Congress has the power to enact this legis- lation pursuant to the following: Clause 1 of Section 8 of Article I of the H.R. 36. lation pursuant to the following: Congress has the power to enact this legis- Article 4, Section 3, Clause 2. United States Constitution and Amendment lation pursuant to the following: By Mr. YOUNG of Alaska: XVI of the United States Constitution. Clause 1 of Section 8 of Article I. H.R. 50. By Mr. DOGGETT: H.R. 65. By Mrs. BIGGERT: Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 37. lation pursuant to the following: lation pursuant to the following: Congress has the power to enact this legis- Article 1, Section 8, Clause 3. Clause 1 of Section 8 of Article I of the lation pursuant to the following: By Mr. CONNOLLY: United States Constitution and Amendment Article I, Section 8, clause 1 (‘‘The Con- H.R. 51. XVI of the United States Constitution. gress shall have Power To lay and collect Congress has the power to enact this legis- By Mr. DOGGETT: Taxes, Duties, Imposts and Excises . . .’’), lation pursuant to the following: H.R. 66. and the 16th Amendment. Article 1, Section 8, Clause 18. By Mr. CONNOLLY: Congress has the power to enact this legis- By Mr. FLEMING: lation pursuant to the following: H.R. 38. H.R. 52. Congress has the power to enact this legis- This bill is enacted pursuant to Clause 1 of Congress has the power to enact this legis- Section 8 of Article I of the United States lation pursuant to the following: lation pursuant to the following: Article 1, Section 8, Clause 18. Constitution. Clause 1 of Section 8 of Article I of the By Mr. CONNOLLY: By Mr. ROGERS of Michigan: United States Constitution and Clause 7 of H.R. 53. H.R. 67. Section 9 of Article I of the has the power to enact this legis- Congress has the power to enact this legis- Constitution. lation pursuant to the following: lation pursuant to the following: By Mr. YOUNG of Alaska: Article 1, Section 8, Clause 18. The intelligence and intelligence-related H.R. 39. By Mr. CONNOLLY: activities of the United States government Congress has the power to enact this legis- H.R. 54. are carried out to support the national secu- lation pursuant to the following: Congress has the power to enact this legis- rity interests of the United States, to sup- Article I, Section 8, Clause 3. lation pursuant to the following: port and assist the armed forces of the By Mr. CONYERS: Article 1, Section 8, Clause 18. United States, and to support the President H.R. 40. By Mr. CONNOLLY: in the execution of the foreign policy of the Congress has the power to enact this legis- H.R. 55. United States. lation pursuant to the following: Congress has the power to enact this legis- Article I, section 8 of the Constitution of Pursuant to Section 5 of the Fourteenth lation pursuant to the following: the United States provides, in pertinent Amendment to the United States Constitu- Article 1, Section 8, Clause 18. part, that ‘‘Congress shall have power . . . to tion, Congress shall have the power to enact By Mr. SCALISE: pay the debts and provide for the common appropriate laws protecting the civil rights H.R. 56. defense and general welfare of the United of all Americans. Congress has the power to enact this legis- States’’; and ‘‘To make all laws which shall By Mr. ISSA: lation pursuant to the following: be necessary and proper for carrying into H.R. 41. This bill is enacted pursuant to the power Execution the foregoing Powers and all other Congress has the power to enact this legis- granted to Congress under Article I, Section Powers vested in this Constitution in the lation pursuant to the following: 8, Clause 1 of the United States Constitution. Government of the United States, or in any Article I, Section 8, Clause 3 of the U.S. By Mr. SCALISE: Department or Officer thereof.’’ Constitution, which is the Commerce Clause. H.R. 57. By Mr. LAMBORN: By Mr. ISSA: Congress has the power to enact this legis- H.R. 68. H.R. 42. lation pursuant to the following: Congress has the power to enact this legis- Congress has the power to enact this legis- Article I, section 8, clause 18 of the Con- lation pursuant to the following: lation pursuant to the following: stitution of the United States. Article I, Section 8, Clause 1 of the United Article I, Section 8, the Interstate Com- By Mr. SCALISE: States Constitution. merce Clause. H.R. 58. Article I, Section 9, Clause 7 of the United By Mr. ISSA: Congress has the power to enact this legis- States Constitution. H.R. 43. lation pursuant to the following: By Mr. LAMBORN: Congress has the power to enact this legis- Article I, Section 8, Clause 3 of the United H.R. 69. lation pursuant to the following: States Constitution, Article I, Section 8, Congress has the power to enact this legis- Article I, Section 8, Clause 4, which states Clause 18 of the United States Constitution, lation pursuant to the following: that Congress has the power to establish a and Amendment II of the United States Con- Article I, Section 8, Clause 1 of the United uniform Rule of Naturalization. stitution. States Constitution. By Ms. BORDALLO: By Mr. SCALISE: Article I, Section 9, Clause 7 of the United H.R. 44. H.R. 59. States Constitution. Congress has the power to enact this legis- Congress has the power to enact this legis- By Mr. MCINTYRE: lation pursuant to the following: lation pursuant to the following: H.R. 70. The constitutional authority on which this Article I, Section 8, Clause 18 of the United Congress has the power to enact this legis- bill rests is the power of Congress to make States Constitution. lation pursuant to the following: all rules and regulations respecting the Ter- By Mr. SCALISE: This bill is enacted pursuant to the power ritories and possessions as enumerated in Ar- H.R. 60. granted to Congress under Article I, Section ticle IV, Section 3, Clause 2 of the United Congress has the power to enact this legis- 8, Amendment XVI, of the United States States Constitution. lation pursuant to the following: Constitution.

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H44 CONGRESSIONAL RECORD — HOUSE January 5, 2011 By Ms. JACKSON LEE of Texas: This bill is enacted pursuant to the power Congress has the power to enact this legis- H.R. 71. granted to Congress under Article 1, Section lation pursuant to the following: Congress has the power to enact this legis- 8, Clause 1 of the United States Constitution. Article I, Section 8, Clause 1 and Article I, lation pursuant to the following: By Ms. JACKSON LEE of Texas: Section 9, Clause 7 of the United States Con- This bill in enacted pursuant to the power H.R. 84. stitution. granted to Congress under Article 1, Section Congress has the power to enact this legis- By Mrs. BLACKBURN: 8, Clause 1 of the United States Constitution. lation pursuant to the following: H.R. 96. By Ms. JACKSON LEE of Texas: This bill is enacted pursuant to the power Congress has the power to enact this legis- H.R. 72. granted to Congress under Article 1, Section lation pursuant to the following: Congress has the power to enact this legis- 5 of the United States Constitution, which We submit this bill under the Constitu- lation pursuant to the following: gives Congress the authority to set rules for tional authority of Article I, Section 8, This bill in enacted pursuant to the power its proceedings. Clause 3 protecting interstate commerce granted to Congress under Article 1, Section By Mr. BACA: across the Internet. Additionally, we cite 8, Clause 1 of the United States Constitution. H.R. 85. Clause 14 of Section 8 to make rules for the By Ms. JACKSON LEE of Texas: Congress has the power to enact this legis- federal government. H.R. 73. lation pursuant to the following: By Mrs. BLACKBURN: Congress has the power to enact this legis- Article I, Section 9, Clause 7 of the Con- H.R. 97. lation pursuant to the following: stitution; and Article I, Section 8, Clause 1 of Congress has the power to enact this legis- This bill is enacted pursuant to the power the Constitution. lation pursuant to the following: granted to Congress under Article 1, Section By Mrs. BACHMANN: Article I, Section 8, Clause 3 and Article 8, Clause 7 of the United States Constitution. H.R. 86. IV, Section 3, Clause 2 of the United States By Ms. JACKSON LEE of Texas: Congress has the power to enact this legis- Constitution. H.R. 74. lation pursuant to the following: By Mr. DREIER: Congress has the power to enact this legis- U.S. Constitution Article I Section 8. H.R. 98. lation pursuant to the following: By Mrs. BACHMANN: Congress has the power to enact this legis- This bill is enacted pursuant to the power H.R. 87. lation pursuant to the following: granted to Congress under Article 1, Section Congress has the power to enact this legis- Clause 4 of Section 8 of Article I of the 8, Clause 1 of the United States Constitution. lation pursuant to the following: Constitution. By Ms. JACKSON LEE of Texas: This bill makes specific changes to exist- By Mr. DREIER: H.R. 75. ing law in a manner that returns power to H.R. 99. Congress has the power to enact this legis- the States and to People, in accordance with Congress has the power to enact this legis- lation pursuant to the following: Amendment X to the U.S. Constitution. lation pursuant to the following: This bill is enacted pursuant to the power By Mr. BARTLETT: Clause 1 of Section 8 of Article I and granted to Congress under Article 1, Section H.R. 88. Amendment XVI of the Constitution. 8, Clause 3 of the United States Constitution. Congress has the power to enact this legis- By Mrs. BLACKBURN: By Ms. JACKSON LEE of Texas: lation pursuant to the following: H.R. 100. H.R. 76. Article I, Section 8, Clause 1. Congress has the power to enact this legis- Congress has the power to enact this legis- The Congress shall have Power to lay and lation pursuant to the following: lation pursuant to the following: collect Taxes, Duties, Imposts and Excises, Article I, Section 8, Clause 1; Article I, This bill is enacted pursuant to the power to pay the Debts and provide for the common Section 8, Clause 14; and Article IV, Section granted to Congress under Article 1, Section Defence and general Welfare of the United 3, Clause 2. 8, Clause 1 of the United States Constitution. States; but all Duties, Imposts and Excises By Mrs. BLACKBURN: By Ms. JACKSON LEE of Texas: shall be uniform throughout the United H.R. 101. H.R. 77. Congress has the power to enact this legis- Congress has the power to enact this legis- States. lation pursuant to the following: lation pursuant to the following: By Mr. BARTLETT: This bill is enacted pursuant to the power H.R. 89. Article I, Section 8, Clause 1 and Article I, granted to Congress under Article 1, Section Congress has the power to enact this legis- Section 8, Clause 14. 8, Clause 1 of the United States Constitution. lation pursuant to the following: By Mrs. BLACKBURN: H.R. 102. By Ms. JACKSON LEE of Texas: Article I, Section 8, Clause 4. H.R. 78. The Congress shall have Power . . . To es- Congress has the power to enact this legis- Congress has the power to enact this legis- tablish an uniform Rule of Naturalization, lation pursuant to the following: lation pursuant to the following: and uniform Laws on the subject of Bank- Article I, Section 8, Clause 3; Article I, This bill is enacted pursuant to the power ruptcies throughout the United States. Section 8, Clause 14; and Article IV, Section granted to Congress under Article 1, Section By Mr. BARTLETT: 3, Clause 2 of the United States Constitution. 8, Clause 7 of the United States Constitution. H.R. 90. By Mrs. BLACKBURN: By Ms. JACKSON LEE of Texas: Congress has the power to enact this legis- H.R. 103. H.R. 79. lation pursuant to the following: Congress has the power to enact this legis- Congress has the power to enact this legis- Article I, Section 8, Clause 1. lation pursuant to the following: lation pursuant to the following: . . . provide for the common Defence and Article I, Section 8, Clause 3; Article I, This bill is enacted pursuant to the power general Welfare of the United States. Section 8, Clause 14. granted to Congress under Article 1, Section By Mr. BARTON of Texas: By Mr. BOUSTANY: 8, Clause 1 of the United States Constitution. H.R. 91. H.R. 104. By Ms. JACKSON LEE of Texas: Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 80. lation pursuant to the following: lation pursuant to the following: Congress has the power to enact this legis- This bill is enacted pursuant to the power This bill is enacted pursuant to the power lation pursuant to the following: granted to Congress under Article I, Section granted to Congress under Article I, Section This bill is enacted pursuant to the power 8, Clause 3 of the United States Constitution. 8, Clause 3 of the United States Constitution. granted to Congress under Article 1, Section By Mrs. BIGGERT: By Mr. BURTON of Indiana: 8, Clause 3 of the United States Constitution. H.R. 92. H.R. 105. By Ms. JACKSON LEE of Texas: Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 81. lation pursuant to the following: lation pursuant to the following: Congress has the power to enact this legis- Clause 1 of Article 1, Section 8. Clause 1, Clause 3, and Clause 18 of Section lation pursuant to the following: By Mrs. BLACKBURN: 8 and Clause 7 of Section 9 of Article I of the This bill is enacted pursuant to the power H.R. 93. United States Constitution and Amendment granted to Congress under Article 1, Section Congress has the power to enact this legis- XVI of the United States Constitution. 8, Clause 18 of the United States Constitu- lation pursuant to the following: By Mr. CARDOZA: tion. Article I, Section 8, Clause 1 and Article I, H.R. 106. By Ms. JACKSON LEE of Texas: Section 9, Clause 7 of the United States Con- Congress has the power to enact this legis- H.R. 82. stitution. lation pursuant to the following: Congress has the power to enact this legis- By Mrs. BLACKBURN: Congress has the power to enact this legis- lation pursuant to the following: H.R. 94. lation pursuant to its authority under clause This bill is enacted pursuant to the power Congress has the power to enact this legis- 9 of section 8 of article I and section 1 of ar- granted to Congress under Article 1, Section lation pursuant to the following: ticle III of the Constitution to establish and 8, Clause 1 of the United States Constitution. Article I, Section 8, Clause 1 and Article I, regulate federal courts. By Ms. JACKSON LEE of Texas: Section 9, Clause 7 of the United States Con- By Mr. CONYERS: H.R. 83. stitution. H.R. 107. Congress has the power to enact this legis- By Mrs. BLACKBURN: Congress has the power to enact this legis- lation pursuant to the following: H.R. 95. lation pursuant to the following:

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 5, 2011 CONGRESSIONAL RECORD — HOUSE H45 Article I, Section 4, Clause 1 of the United By Ms. FOXX: By Mr. GENE GREEN of Texas: States Constitution. This provision permits H.R. 120. H.R. 129. Congress make or alter the regulations per- Congress has the power to enact this legis- Congress has the power to enact this legis- taining to Federal elections. lation pursuant to the following: lation pursuant to the following: By Mr. CONYERS: Pursuant to Article I, section 8 of the Article I, Section 8, Clause 3, the Com- H.R. 108. United States Constitution, the bill is au- merce Clause. Congress has the power to enact this legis- thorized by Congress’ power to ‘‘provide for By Mr. GENE GREEN of Texas: lation pursuant to the following: the common Defense and general Welfare of H.R. 130. Article I, Section 8, Clause 14 and 18, the United States.’’ Congress has the power to enact this legis- among others. By Mr. GINGREY of Georgia: lation pursuant to the following: By Mr. CONYERS: H.R. 121. Article I, Section 8, Clause 3, the Com- H.R. 109. Congress has the power to enact this legis- merce Clause. Congress has the power to enact this legis- lation pursuant to the following: By Mr. HOLT: lation pursuant to the following: Article I, Section 8, Clause 1 of the Con- H.R. 131. Article I, Section 4, Clause 1 of the United stitution that states, ‘‘The Congress shall Congress has the power to enact this legis- States Constitution. This provision permits have Power To lay and collect Taxes, Duties, lation pursuant to the following: Congress make or alter the regulations per- Imposts and Excises, to pay the Debts . . .’’ Article I of the Constitution of the United taining to Federal elections. By Mr. GINGREY of Georgia: States. By Ms. DELAURO: H.R. 122. By Mr. HOLT: H.R. 110. Congress has the power to enact this legis- H.R. 132. Congress has the power to enact this legis- lation pursuant to the following: Congress has the power to enact this legis- lation pursuant to the following: Article I, Section 8, Clause 3 of the Con- lation pursuant to the following: Article I, Section 8, Clause 1 of the United stitution states ‘‘To regulate Commerce with Article I of the Constitution of the United States Constitution. foreign Nations, and among the several States. By Ms. DELAURO: States, and with the Indian Tribes.’’ By Mr. HOLT: H.R. 111. Article I, Section 8, Clause 18 of the Con- H.R. 133. Congress has the power to enact this legis- stitution states ‘‘To make all Laws which Congress has the power to enact this legis- lation pursuant to the following: shall be necessary and proper for carrying lation pursuant to the following: Article I, Section 8, Clause 3 of the United into Execution the foregoing Powers, and all Article I of the Constitution of the United States Constitution and Article I, Section 8, other Powers vested by this Constitution in States. Clause 1 of the United States Constitution. the Government of the United States or in By Mr. HOLT: By Mr. DOGGETT: any Department or Officer thereof.’’ H.R. 134. H.R. 112. By Mr. GINGREY of Georgia: Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 123. lation pursuant to the following: lation pursuant to the following: Congress has the power to enact this legis- Article I of the Constitution of the United Article I, Section 8, Clause 1 and Article I, lation pursuant to the following: States. Section 8, Clause 18 of the United States Article I, Section 8, Clause 1 of the Con- By Mr. HOLT: Constitution. stitution that states, ‘‘The Congress shall H.R. 135. By Mr. DREIER: have Power to lay and collect Taxes . . .’’ Congress has the power to enact this legis- H.R. 113. Amendment XVI of the Constitution that lation pursuant to the following: Congress has the power to enact this legis- states, ‘‘The Congress shall have power to Article I of the Constitution of the United lation pursuant to the following: lay and collect taxes on incomes . . .’’ States. Article IV, Section 3 of the United States By Mr. GINGREY of Georgia: By Mr. ISRAEL: Constitution. H.R. 124. H.R. 136. By Mr. DREIER: Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 114. lation pursuant to the following: Congress has the power to enact this legis- lation pursuant to the following: Article I, Section 8, Clause 1: The Congress lation pursuant to the following: Article I, Section 6, Clause 1 of the Con- shall have Power to lay and collect Taxes, Clause 1 of Section 8 of Article I of the stitution that states ‘‘The Senators and Rep- Duties, Imposts and Excises, to pay the Constitution. resentatives shall receive a Compensation Debts and provide for the common Defence By Mr. FILNER: for their Services, to be ascertained by Law, and general Welfare of the United States; but H.R. 115. and paid out of the Treasury of the United Congress has the power to enact this legis- States.’’ all Duties, Imposts and Excises shall be uni- lation pursuant to the following: The 27th Amendment to the Constitution form throughout the United States. Article I, Section 8 of the Constitution of states ‘‘Now law, varying the compensation By Ms. KAPTUR: the United States. for the services of the Senators and Rep- H.R. 137. By Ms. FOXX: resentatives, shall take effect, until an elec- Congress has the power to enact this legis- H.R. 116. tion of Representatives shall have inter- lation pursuant to the following: Congress has the power to enact this legis- vened.’’ This bill is enacted pursuant to Article I, lation pursuant to the following: By Mr. GINGREY of Georgia: Section 8, Clause 3 and Article I, Section 8, Clause 3 of Section 8 of Article 1 of the H.R. 125. Clause 18 of the United States Constitution. Constitution which states ‘‘Congress shall Congress has the power to enact this legis- By Ms. KAPTUR: have power to regulate commerce with for- lation pursuant to the following: H.R. 138. eign Nations, and among the several States, Article I, Section 5, Clause 2 of the Con- Congress has the power to enact this legis- and with the Indian Tribes.’’ stitution that states, ‘‘Each House may de- lation pursuant to the following: By Mr. FILNER: termine the Rules of its Proceedings’’ This bill is enacted pursuant to Article I, H.R. 117. By Mr. GINGREY of Georgia: Section 8, Clause 3 and Article I, Section 8, Congress has the power to enact this legis- H.R. 126. Clause 18 of the United States Constitution. lation pursuant to the following: Congress has the power to enact this legis- By Mr. MARKEY: Clause 18 of Section 8 of article I of the lation pursuant to the following: H.R. 139. Constitution. Article I, Section 8, Clause 3 of the Con- Congress has the power to enact this legis- By Mr. FLEMING: stitution that states that Congress shall lation pursuant to the following: H.R. 118. have Power ‘‘To regulate Commerce with Article I, section 8 and Article IV, section Congress has the power to enact this legis- foreign Nations, and among the several 3 of the Constitution of the United States lation pursuant to the following: States . . .’’ grant Congress the authority to enact this This bill makes specific changes to exist- By Mr. GRAVES of Georgia: bill. ing law in a manner that returns power to H.R. 127. By Mr. KING of Iowa: the States and to the people, in accordance Congress has the power to enact this legis- H.R. 140. to Amendment X of the United States Con- lation pursuant to the following: Congress has the power to enact this legis- stitution. Clause 7 of Section 9 of Article 1 of the lation pursuant to the following: By Mr. FLEMING: Constitution—No Money shall be drawn from Section 5 of the Amendment XIV to the H.R. 119. the Treasury, but in Consequence of Appro- Constitution and Section 8 of Article I of the Congress has the power to enact this legis- priations made by Law. Constitution. lation pursuant to the following: By Mr. GENE GREEN of Texas: By Mr. KING of Iowa: Congress enacts this bill pursuant to H.R. 128. H.R. 141. Clause 1 of Section 8 of Article I of the Congress has the power to enact this legis- Congress has the power to enact this legis- United States Constitution and Clause 7 of lation pursuant to the following: lation pursuant to the following: Section 9 of Article I of the United States Article I, Section 8, Clause 3, the Com- This bill makes specific changes to exist- Constitution. merce Clause. ing law in a manner that returns power to

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H46 CONGRESSIONAL RECORD — HOUSE January 5, 2011 the States and to the People, in accordance Article 1, section 8 which gives Congress By Mr. SHULER: with Amendment X of the United States power to lay and collect taxes. H.R. 160. Constitution. By Mr. PAUL: Congress has the power to enact this legis- By Mr. KISSELL: H.R. 151. lation pursuant to the following: H.R. 142. Congress has the power to enact this legis- Article 1 Section 8 Clause 1 gives Congress Congress has the power to enact this legis- lation pursuant to the following: the authority to ‘‘provide for the common lation pursuant to the following: The constitutionality of the seniors’ defense and general welfare of the United Spending Authorization Health Care Freedom Act is the Fifth States.’’ Article I, Section 8, Clause 1 Amendment to the United States Constitu- By Mr. SHULER: The Congress shall have Power to lay and tion, which protects American citizens from H.R. 161. collect Taxes, Duties, Imposts and Excises, having their rights to life, liberty or prop- Congress has the power to enact this legis- to pay the Debts and provide for the common erty abridged without due process of law. lation pursuant to the following: Defence and general Welfare of the United Forcing seniors into a federal program they Article 1 Section 8 Clause 1—‘‘The Con- States; but all Duties, Imposts and Excises do not want, and fording them from forming gress shall have power to lay and collect shall be uniform throughout the United private contracts, violates their right to lib- taxes’’. States. erty and property. By Mr. SIMPSON: By Mr. LATTA: By Mr. POE of Texas: H.R. 162. H.R. 143. H.R. 152. Congress has the power to enact this legis- Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: lation pursuant to the following: The constitutional authority of Congress Taxation: Article 1, Section 8, Clause 1: Clause 1 of Section 8, of Article 1, in the to enact this legislation is provided by Arti- The Congress shall have Power to lay and United States Constitution. cle I, section 8 of the United States Constitu- collect Taxes, Duties, Imposts and Excises, By Mr. POE of Texas: tion, specifically clause 9, which states ‘‘The to pay Debts and provide for the common H.R. 153. Congress shall have Power . . . To constitute Defence and general Welfare of the United Congress has the power to enact this legis- Tribunals inferior to the supreme Court.’’ In States; but all Duties, Imposts and Excises lation pursuant to the following: addition, Article III, Section 1 states that shall be uniform throughout the United Clause 1, Section 7, of Article 1 of the ‘‘The judicial Power of the United States, States. United States Constitution. shall be vested in one supreme Court, and in By Mr. DANIEL E. LUNGREN of Cali- Clause 7, Section 9, of Article 1 of the such inferior Courts as the Congress may fornia: United States Constitution. from time to time ordain and establish.’’ H.R. 144. By Mr. POE of Texas: By Mr. SIMPSON: Congress has the power to enact this legis- H.R. 154. H.R. 163. Congress has the power to enact this legis- lation pursuant to the following: Congress has the power to enact this legis- lation pursuant to the following: This bill makes changes to existing law re- lation pursuant to the following: Clause 1, Section 7, of Article 1 and Clause lating to Article 1 Section 7 which provides The constitutional authority of Congress 7, Section 9 of Article 1 of the United States that ‘‘All bills for raising Revenue shall to enact this legislation is provided by Arti- Constitution. originate in the House of Representatives.’’ cle I, section 8 of the United States Constitu- By Mr. ROYCE: By Mr. MACK: tion, specifically clause 1 (relating to pro- H.R. 155. viding for the general welfare of the United H.R. 145. Congress has the power to enact this legis- Congress has the power to enact this legis- States) and clause 18 (relating to the power lation pursuant to the following: to make all laws necessary and proper for lation pursuant to the following: Under Article I, Section 8, Clause 1 of the The legislation repeals provisions of the carrying out the powers vested in Congress), U.S. Constitution. and Article IV, section 3, clause 2 (relating Patient Protection and Affordable Care Act By Mr. ROYCE: and of the Health and Education Reconcili- to the power of Congress to dispose of and H.R. 156. make all needful rules and regulations re- ation Act of 2010 that, in part, were enacted Congress has the power to enact this legis- pursuant to section 8 of article I and other specting the territory or other property be- lation pursuant to the following: longing to the United States). provisions, of the Constitution but some pro- The constitutional authority on which this By Mr. STEARNS: visions of which, including the individual bill rests is the power of Congress to regulate mandate, were enacted in excess of constitu- H.R. 164. Commerce with foreign Nations, provided by Congress has the power to enact this legis- tional authority. Article 1, Section 8, Clause 3, which reads: By Mr. OWENS: lation pursuant to the following: To regulate Commerce with foreign Nations, Article I, Section 8, Clause 3 of the U.S. H.R. 146. and among the several States, and with In- Constitution. Congress has the power to enact this legis- dian Tribes. lation pursuant to the following: By Mr. STEARNS: The Vietnam Human Rights Sanctions Act H.R. 165. Article I, Sections 7 and 8, of the United imposes sanctions on individuals who are na- Congress has the power to enact this legis- States Constitution. tionals of Vietnam that the President deter- lation pursuant to the following: By Mr. PAUL: mines are complicit in human rights abuses Article I, Section 8, Clause 1 of the U.S. H.R. 147. committed against nationals of Vietnam or Constitution. Congress has the power to enact this legis- their family members. Sanctions include By Mr. STEARNS: lation pursuant to the following: prohibition of entry and admission to the H.R. 166. The constitutional authorization for the United States and imposition of the Inter- Congress has the power to enact this legis- Prescription Drug Affordability Act is found national Emergency Economic Powers Act, lation pursuant to the following: in Article 1, Section 8, and Clause 3 of the including blocking of property, and restrict- Article I, Section 8, Clause 3 of the U.S. Constitution giving the Congress the author- ing or prohibiting financial transactions and Constitution. ity to regulate commerce. the exportation and importation of property By Mr. STEARNS: By Mr. PAUL: by the individual. H.R. 167. H.R. 148. By Mr. SESSIONS: Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 157. lation pursuant to the following: lation pursuant to the following: Congress has the power to enact this legis- Article I, Section 9, Clause 7 of the U.S. The constitutional authority for the Social lation pursuant to the following: Constitution. Security Preservation Act is article 1 section According to Article I, Section 8 Congress By Mr. STEARNS: 9, clause 7 giving Congress the authority to has the power to regulate Commerce. H.R. 168. control the expenditures of the federal gov- By Mr. SESSIONS: Congress has the power to enact this legis- ernment. H.R. 158. lation pursuant to the following: By Mr. PAUL: Congress has the power to enact this legis- Article I, Section 8, Clause 14 of the U.S. H.R. 149. lation pursuant to the following: Constitution. Congress has the power to enact this legis- According to Article I, Section 8 Congress By Mr. STEARNS: lation pursuant to the following: has the power to regulate Commerce. H.R. 169. The constitutional authority for the Social By Mr. SESSIONS: Congress has the power to enact this legis- Security Beneficiary Tax Reduction Act is H.R. 159. lation pursuant to the following: found in Article 1, section 8 which gives Con- Congress has the power to enact this legis- Article I, Section 8, Clause 14 of the U.S. gress power to lay and collect taxes. lation pursuant to the following: Constitution. By Mr. PAUL: The constitutional authority on which this By Mr. STEARNS: H.R. 150. bill rests is the power of Congress to make H.R. 170. Congress has the power to enact this legis- rules for the government and regulation of Congress has the power to enact this legis- lation pursuant to the following: the land and naval forces, as enumerated in lation pursuant to the following: The constitutional authority for the Sen- Article I, Section 8, Clause 14 of the United Article I, Section 8, Clause 1 of the U.S. ior Citizens’ Tax Elimination Act is found in States Constitution. Constitution.

VerDate Mar 15 2010 01:45 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05JA1.REC H05JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 5, 2011 CONGRESSIONAL RECORD — HOUSE H47 By Mr. STEARNS: By Mr. WILSON of South Carolina: By Mr. WOODALL: H.R. 171. H.R. 181. H.R. 189. Congress has the power to enact this legis- Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: lation pursuant to the following: Article I, Section 8, Clause 1 of the U.S. Article 1, section 8 of the United States This bill is enacted in fidelity to the pow- Constitution. Constitution (clauses 12, 13, 14, and 16), which ers vested in Congress in Article I, Section 1 By Mr. STEARNS: grants Congress the power to raise and sup- of the United States Constitution and to pro- H.R. 172. port an Army; to provide and maintain a hibit encroachment of individual rights Congress has the power to enact this legis- Navy; to make rules for the government and granted in Amendment IX and state’s rights lation pursuant to the following: regulation of the land and naval forces; and granted in Amendment X of the United Article I, Section 5, Clause 2 of the U.S. to provide for organizing, arming, and dis- States Constitution. Constitution. ciplining the militia, and for governing such By Ms. WOOLSEY: By Mr. STEARNS: part of them as may be employed in the H.R. 190. H.R. 173. Service of the United States. Congress has the power to enact this legis- Congress has the power to enact this legis- By Mr. WILSON of South Carolina: lation pursuant to the following: lation pursuant to the following: H.R. 182. This bill is introduced under the powers Article I, Section 8, Clause 3 of the U.S. Congress has the power to enact this legis- granted to Congress under Article 1 of the Constitution. lation pursuant to the following: Constitution. By Mr. THOMPSON of Mississippi: Article 1, Section 9, Clause 7 of the United By Ms. WOOLSEY: H.R. 174. States Constitution, which states no money H.R. 191. Congress has the power to enact this legis- shall be drawn from the Treasury, but in Congress has the power to enact this legis- lation pursuant to the following: consequence of appropriation made by law; lation pursuant to the following: The U.S. Constitution including Article 1, and a regular statement and account of the This bill is introduced under the powers Section 8. receipts and expenditures of all public granted to Congress under Article 1 of the By Mr. THOMPSON of Mississippi: money shall be published from time to time. Constitution. H.R. 175. By Mr. WILSON of South Carolina: By Ms. WOOLSEY: Congress has the power to enact this legis- H.R. 183. H.R. 192. lation pursuant to the following: Congress has the power to enact this legis- Congress has the power to enact this legis- The U.S. Constitution including Article 1, lation pursuant to the following: lation pursuant to the following: Section 8. Article 1, Section 8, Clause 16 of the United Article 1. States Constitution, which grants Congress By Mr. THOMPSON of Mississippi: By Mr. LATOURETTE: H.R. 176. the power to provide for organizing, arming, H.R. 193. Congress has the power to enact this legis- and disciplining the militia, and for gov- Congress has the power to enact this legis- lation pursuant to the following: erning such part of them as may be em- lation pursuant to the following: The U.S. Constitution including Article I, ployed in the service of the United States. Article 1, section 8, clause 4 of the U.S. Section 8. By Mr. WILSON of South Carolina: Constitution. By Mr. THORNBERRY: H.R. 184. By Mr. PASTOR of Arizona: H.R. 177. Congress has the power to enact this legis- H.R. 194. Congress has the power to enact this legis- lation pursuant to the following: Congress has the power to enact this legis- Amendment XVI to the Constitution which lation pursuant to the following: lation pursuant to the following: gives Congress the power to lay and collect This bill is enacted pursuant to Article I, This bill is enacted pursuant to the power taxes on incomes. Section 8 of the United States Constitution. granted to Congress under Article I, Section By Mr. WILSON of South Carolina: By Mr. WILSON of South Carolina: 8, Clause 4 of the United States Constitution. H.R. 178. H.R. 185. Congress has the power to enact this legis- By Mr. PASTOR of Arizona: Congress has the power to enact this legis- lation pursuant to the following: H.R. 195. lation pursuant to the following: Amendment XVI to the Constitution which Congress has the power to enact this legis- Article 1, section 8 of the United States gives Congress the power to lay and collect lation pursuant to the following: Constitution (clauses 12, 13, 14, and 16), which taxes on incomes. This bill is enacted pursuant to the power grants Congress the power to raise and sup- By Mr. WILSON of South Carolina: granted to Congress under Article I, Section port an Army; to provide and maintain a H.R. 186. 8, Clause 4 of the United States Constitution. Navy; to make rules for the government and Congress has the power to enact this legis- By Mr. GOODLATTE: regulation of the land and naval forces; and lation pursuant to the following: H.J. Res. 1. to provide for organizing, arming, and dis- Article 1, section 8 of the United States Congress has the power to enact this legis- ciplining the militia, and for governing such Constitution (clauses 12, 13, 14, and 16), which lation pursuant to the following: part of them as may be employed in the grants Congress the power to raise and sup- Article V of the U.S. Constitution. Service of the United States. port an Army; to provide and maintain a By Mr. GOODLATTE: By Mr. WILSON of South Carolina: Navy; to make rules for the government and H.J. Res. 2. H.R. 179. regulation of the land and naval forces; and Congress has the power to enact this legis- Congress has the power to enact this legis- to provide for organizing, arming, and dis- lation pursuant to the following: lation pursuant to the following: ciplining the militia, and for governing such Article V of the U.S. Constitution. Article 1, section 8 of the United States part of them as may be employed in the By Mr. FLEMING: Constitution (clauses 12, 13, 14, and 16), which Service of the United States. H.J. Res. 3. grants Congress the power to raise and sup- By Mr. WILSON of South Carolina: Congress has the power to enact this legis- port an Army; to provide and maintain a H.R. 187. lation pursuant to the following: Navy; to make rules for the government and Congress has the power to enact this legis- Article V—The Congress, whenever two regulation of the land and naval forces; and lation pursuant to the following: thirds of both Houses shall deem it nec- to provide for organizing, arming, and dis- Article 1, Section 9, Clause 7 which states essary, shall propose Amendments to this ciplining the militia, and for governing such that no money shall be drawn from the Constitution, or, on the Application of the part of them as may be employed in the Treasury, but in Consequence of Appropria- Legislatures of two thirds of the several Service of the United States. tions made by Law; and a regular Statement States, shall call a Convention for proposing By Mr. WILSON of South Carolina: and Account of the Receipts and Expendi- Amendments, which, in either Case, shall be H.R. 180. tures of all public Money shall be published valid to all Intents and Purposes, as part of Congress has the power to enact this legis- from time to time. The Appropriations this Constitution, when ratified by the Leg- lation pursuant to the following: Clause provides Congress with a mechanism islatures of three fourths of the several Article 1, section 8 of the United States to control or to limit spending by the federal States, or by Conventions in three fourths Constitution (clauses 12, 13, 14, and 16), which government. thereof, as the one or the other Mode of grants Congress the power to raise and sup- By Mr. WOODALL: Ratification may be proposed by the Con- port an Army; to provide and maintain a H.R. 188. gress; Provided that no Amendment which Navy; to make rules for the government and Congress has the power to enact this legis- may be made prior to the Year One thousand regulation of the land and naval forces; and lation pursuant to the following: eight hundred and eight shall in any Manner to provide for organizing, arming, and dis- This bill is enacted pursuant to the proce- affect the first and fourth Clauses in the ciplining the militia, and for governing such dural power granted to the House of Rep- Ninth Section of the first Article; and that part of them as may be employed in the resentatives pursuant to Article I, Section 7, no State, without its Consent, shall be de- Service of the United States, reserving to Clause 1 of the United States Constitution. prived of its equal Suffrage in the Senate. the States, respectively, the appointment of This bill is enacted pursuant to the appro- By Mr. BUCHANAN: officers, and the authority of training the priations powers enumerated to Congress in H.J. Res. 4. militia according to the discipline prescribed Article I, Section 9, Clause 7 of the United Congress has the power to enact this legis- by Congress. States Constitution. lation pursuant to the following:

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

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

S1

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

VerDate Mar 15 2010 02:25 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.068 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S42 CONGRESSIONAL RECORD — SENATE January 5, 2011 that my fellow Senators and my col- order to move to that piece of legisla- A lot of Senators have seen exactly leagues across the aisle will agree that tion. This adds a great deal of time to these kinds of problems with judges it is time for change, that it is not an already crowded Senate calendar. and U.S. attorney candidates. We had time for business as usual. This is not governing. This is not how both from my home State, two judges We have heard from so many of my we do the people’s business. This is not who couldn’t be considered because of a colleagues who have been working on how we come together to find practical hold and we could not identify who was this issue—Senator UDALL from New solutions to our common problems. objecting, the same with the U.S. at- Mexico, Senator MERKLEY, Senator Our current system is a far cry from torney nominee. These are the real HARKIN, Senator WYDEN, Senator Jimmy Stewart. That is why a group of consequences of secret holds. MCCASKILL, and also Senator GRASS- us have been working to get some leg- The big winners in these secret holds LEY, which is important work on the islation passed to change the rules are the lobbyists. The lobbyists benefit secret holds. going forward. When you think about tremendously from secret holds. Prac- The elections on November 2 sent a the history of the Senate—and I lis- tically every Senator has received re- message to every Member of Congress tened with great respect as my col- quests from a lobbyist asking if the that the American people are not inter- leagues talked about the tradition and Senator would put a secret hold on a ested in partisan bickering or proce- the importance of the rules of the Sen- bill or a nomination in order to kill it dural backlogs or the gamesmanship ate, about protecting the rules of the without getting any public debate and and gridlock that prevents elected offi- minority. None of these proposals will without the lobbyist’s fingerprints ap- cials from doing their job. We were not interfere with the rights of the minor- pearing anywhere. If you can get a Sen- hired by our constituents to hide be- ity to filibuster any piece of legisla- ator to go out and put an anonymous hind outdated Senate rules as an ex- tion. hold on a bill, you have then hit the cuse for not accomplishing things or But when you look at the history of lobbyist jackpot. No lobbyist can win not taking tough votes. That is just the Senate, it is about tradition. As more significantly than by getting a what the current Senate rules are al- time goes forward, there have been Senator to secretly object because the lowing us to do. changes to the Senate rules. Every few Senator is protected by the cloak of I heard a lot from my friend from decades there are changes to the Sen- anonymity, but so is the lobbyist. With Tennessee about how we should use the ate rules. Look at my former col- a secret hold, Senators can play both current rules. But the problem I have league, Vice President Mondale, a sides of the street. They can give a lob- is that too many people have been great leader who made significant byist a victory for their clients with- abusing the current rules. First, as changes to the Senate rules. out alienating potential or future cli- Senator WYDEN, Senator MCCASKILL, This is all about transparency and ents. Senator GRASSLEY have so eloquently accountability. I urge my colleagues to Given the number of instances where stated, we have to permanently end the support this resolution. I have heard of lobbyists asking for se- practice known as secret holds, which I yield the floor. cret holds, I wish to say that those who basically allows one or two Members of The PRESIDING OFFICER (Mr. oppose our efforts to end secret holds the Senate to prevent nominations or WHITEHOUSE.) The Senator from Or- are basically saying we ought to give legislation from reaching the Senate egon. lobbyists an extra tool, an extension of floor without identifying themselves. Mr. WYDEN. Mr. President, I do not the tools they already have in order to We thought we had this done, as Sen- see any of our colleagues who want to advocate for their clients and defy pub- ator MCCASKILL pointed out, with the speak on the bipartisan efforts to end lic accountability. ethics bill we passed when we first secret holds, so let me make a couple We passed stricter ethics require- came into this Chamber. But, unfortu- of comments in wrapping up. ments with respect to lobbyists. But it nately, once again, those rules were The first is, Senator GRASSLEY and I looks to me to be the height of hypoc- abused. There are some Senators who and others who have been at this for so risy if the Senate adopts a variety of are playing games with the rules. They long have been willing in the past to changes to curtail lobbying, as has are following the letter but not the just put a statement in the CONGRES- been done in the past, and at the same spirit of the reforms we adopted. SIONAL RECORD when, in the handful of time allows lobbyists to continue to Look at the kind of secret holds we instances, we thought it was important benefit, as so many special interests have seen, secret holds preventing the to block a particular piece of legisla- have, from secret holds. President from assembling the team he tion or a nomination. We felt it was This is the opportunity, after a dec- needs to run the executive branch. This important to be publicly accountable. ade and a half, for the public to get a summer, for example, secret holds were All we are asking is that principle of fair shake and for the public interest to placed on two members of the Marine openness, transparency, and govern- come first. We have tried this in the Mammal Commission for months. The ment in the sunshine apply to all Mem- past. We have tried this in the past Marine Mammal Commission—held se- bers of the Senate. with pledges and by passing a law and cret in a hold while the Deepwater Ho- The fact is, secrecy has real con- each time the supporters of secrecy rizon oilspill was continuing to play sequences. I mentioned the fact that found ways around it. But I think the out in the gulf region. Chief Justice Roberts has been so con- public has caught on. A second example of what we have to cerned about the judicial emergency he Suffice to say, there are going to be get done is filibuster reform. It is a has seen develop in the court system. I plenty of differences between Demo- long-standing tradition in the Senate saw during the lameduck session, on a crats and Republicans with respect to that one Senator can, if he or she bipartisan bill Senator CORNYN and I how to reform the rules of the Senate. chooses, hold the floor to explain ob- spent many months on to combat sex What I think has come to light is, it jections to a bill. We think of Jimmy trafficking, the consequences of a se- doesn’t pass the smell test to keep ar- Stewart’s character, Jefferson Smith, cret hold. When our bill passed the guing that Senate business ought to be in ‘‘Mr. Smith Goes to Washington,’’ as Senate, it went over to the House of done in secret. The American people a shining example of how individual Representatives, was passed in the don’t buy that anymore. They think conscience can matter because an indi- House, and then came back to the Sen- this ought to be an open institution, a vidual can stay on the Senate floor to ate and was blocked secretly. And this place where every Senator is held ac- the point of exhaustion in order to sty- was a bipartisan bill to allow us to countable. mie a corrupt piece of legislation. strengthen the tools law enforcement This time it is going to be different. Well, that is not how the filibuster would have in order to fight sex traf- There are going to be public owners of works in practice today. Today, an in- ficking, to provide urgently needed any hold. There are going to be con- dividual Senator virtually has the shelters to sex trafficking victims. A sequences for any Senator who tries to power to prevent legislation from being bipartisan bill Senator CORNYN and I block a bill or a nomination in secret. considered by merely threatening a fil- spent many months on did not become This is going to be an important vote ibuster. At that point, the majority law during the lameduck session be- when we come back, a very important leader must file a cloture motion in cause of a secret hold. vote, and finally one that will require

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

VerDate Mar 15 2010 02:25 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.070 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S44 CONGRESSIONAL RECORD — SENATE January 5, 2011 would be very concerned about this filibuster is not used to speak now and Some of our friends on the other one: We did not do a budget last year. to slow up one piece of legislation or to side—I hear them talk about this—are The one way we can impact—if you stop one piece of legislation; it is used saying this is the filibuster of the past; talk about fiscal responsibility, and to slow down everything. One case in it is a very pure thing and a wonderful you talk about keeping the govern- point: We had before my committee thing. But it has been distorted, ma- ment under control, and guiding it in last year a nominee by the name of Pa- nipulated. The filibuster has been the right direction, the one thing you tricia Smith to be Solicitor General of twisted in a way that it does exactly want to do is a budget. You want to the Department of Labor. We had our what the Senator is talking about— pass a budget and set some outlines hearings, I say to my friend from Kan- slowing everything down. It is an at- there. sas who is not here right now. We had tempt, in a way, to defeat the majority Well, we did not do a budget last year our hearings in committee. She an- from governing. because we were in a constant fili- swered questions, answered written I think the Senator cited the Fed- buster, the threat of a filibuster. And questions. We reported her out of com- eralist Papers. One of the biggest dan- the story goes on and on. mittee. We came here to the floor. We gers in a democracy is if you give the So I say to Senator HARKIN, we are in had to file cloture on Patricia Smith to power to the minority to shut down the the question phase right now. I am be Solicitor of Labor, so we filed clo- ability of the majority to govern. If going to yield the floor. I am sure there ture. We got the 60 votes. But as we you do that, you have rendered your is time still on the other side. But I know, under postcloture you get 30 democracy useless because then you think the question is not, as Senator hours. Well, the minority forced us to get yourself into a situation, as the ALEXANDER raised it, What is a fili- use the 30 hours. Senator ENZI, our Senator from Iowa knows, where they buster? The real question out there— ranking member, came and spoke for 15 can prevent the majority from doing for when Senator ALEXANDER returns— minutes and left, and I sat here for 30 anything and then run in a campaign is, What impact has the threat of a fili- hours and no one spoke. So for 29 hours and say: Well, they didn’t do anything, buster had on this institution we love and 45 minutes we sat here doing noth- which is kind of a hypocritical way to of the Senate? ing, unable to do anything, on a nomi- approach legislating. I yield the floor. nee who had over 60 votes. At that One of the things that is remarkable The PRESIDING OFFICER. The Sen- time, the record will show, I kept ask- to me—and I served over in the House ator from Iowa. ing: Why are we here? of Representatives for 10 years and I Mr. HARKIN. Mr. President, I hope Why are we using 30 hours of the Sen- know we don’t have to take up every the Senator from New Mexico will stay ate’s time, when nobody is even speak- House bill the way it is written and we on the floor. I wish to engage in a col- ing and we already have the 60 votes don’t have to respond to every bill, but loquy with the Senator from New Mex- for Patricia Smith? That is an example when you hear the fact that 400 House ico on the topic on which he just spoke. of what the filibuster has become. It of Representatives bills in 2 years—the I say to my friend from New Mexico, has become a tool in order to slow ev- last session of Congress—were sent the Senator from Tennessee, as I un- erything down. over here and we ended up—the young- derstand, had propounded the question, For example, nominees. We had er Members of the Senate were inter- what is a filibuster? The Senator from nominees who got through here on a 99- ested in some of these bills. We looked New Mexico has been very eloquent in to-0 vote after being held up for 6 into them. We found out that these responding to that, talking about the months. Well, what if, I ask, we have to were on veterans issues and many were filibuster. But I think the better ques- file cloture on every nominee and then good bills. We found out they had to do tion is, what has a filibuster become, every nominee has a vote on cloture with small business, and they were because as the Senator pointed out and and then you have 30 more hours. If good bills. We found out they had to do as Senator MERKLEY pointed out, this you did that on every nominee, I be- with building the economy and eco- whole image of someone standing on lieve the majority leader said we would nomic growth and those kinds of things the floor and speaking until they drop be here from January through August and that they were good bills. But we such as Senator D’Amato or Senator doing nothing every day of the week didn’t have the time to act upon them Thurman back in the old days on the except nominations. How would we because the way the filibuster is being civil rights bills or even Senator SAND- ever get anything else done? utilized is to defeat our ability to move ERS a few weeks ago, that is not really The question is, What has the fili- forward. a filibuster any longer. So what has a buster become? It has become a means The one other area I wish to men- filibuster become? whereby a few—this, I guess, would be tion—and I know this is something Let me go back again a little bit in the question I might propound to my that concerns our friends on the other history. In the 19th century, in the friend from New Mexico or at least sug- side—if you are talking about making 1800s, the filibuster was used, if I am gest that he might respond. Has not government responsible, fiscally re- not mistaken, about 20 times during the filibuster or the threat of a fili- sponsible, doing oversight over govern- that whole 100 years. But it was used buster become a tool by which one or ment—and they say they are going to under a different set of circumstances. two or three or four Senators can abso- do all this oversight in the House—one In the 1800s, a Senator or a Congress- lutely slow down or stop things from of the best ways to do oversight is in man was elected in November, but the coming to the Senate? Has not the fili- an authorization bill. As everybody session of Congress lasted until March. buster become a tool by which one Sen- knows, we have an authorization proc- The Senators or Congressmen elected ator who publicly announces that his ess, and we have an appropriations in November actually did not take goal is total gridlock of the Senate— process. Well, apparently now, with the their seats here until a year and a total gridlock—has not the filibuster studies being done at the Center for month later, in December of the fol- then become the tool by which one American Research—and Senator HAR- lowing year. So sometimes, in this Senator can impose gridlock on the KIN would know this more than others ‘‘lameduck’’ session that ended in Senate? Is that not what the filibuster because he serves on the Appropria- March, people in the majority party— has become? tions Committee—a major part of our especially if they had lost the elec- Mr. UDALL of New Mexico. The Sen- appropriations are unauthorized now. I tion—would try to ram through a lot of ator from Iowa makes an excellent think the figure I saw was close to 40 stuff. The minority party would speak point. I was here for his talk earlier, percent. So that means if these are un- until the session ended in March so where the Senator led with the fili- authorized appropriations, it means that nothing would get done, and then buster and laid it out and Senator AL- the side of our Senate and the side of they would pick it up in December EXANDER came back and asked these our Congress that deals with authoriza- when the new Senate and House would questions. I think the key question is tion, that is an oversight. You go in meet. So it was a means of stopping on- the one the Senator just asked, which there in the authorization process and erous legislation for a short period of is: What has a filibuster become? The look at an agency and you say: How is time. Senator seemed to be defending the this program functioning? Is this pro- That was in the 19th century. We old-fashioned filibuster that no longer gram effective, a good program, some- have a different situation now. So the exists. That is the situation we have. thing that is working?

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

VerDate Mar 15 2010 02:25 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.073 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S46 CONGRESSIONAL RECORD — SENATE January 5, 2011 should add to that, during 2010, the obstruct the Senate, we are willing to of reforming the Senate rules. He was Senate did not manage to pass a single take this floor. We are willing to make kind enough to let me testify before his appropriations bill. It is dysfunction on our case. But we are saying a Senator committee and kind enough to actually top of dysfunction. That is why we are should not be able to obstruct and hide. let me sit with his committee to listen here today. They should not be able to engage in to others. I put back up the chart of Jimmy the silent, the secret filibuster but Senator SCHUMER has been in harness Stewart in the well because I think at should have to have the talking fili- on this issue trying to get us to the the heart of this conversation is a no- buster. point where we can have meaningful tion that, yes, every Senator should be I applaud my colleague from Iowa, changes in the rules so that this place able to hold forth, to share their idea, my colleague from New Mexico, and can function a little bit better and a to advocate that in which they believe, my colleagues who are about to little bit more democratically—with a to persuade their colleagues, but not to speak—Senator MARK UDALL from Col- small ‘‘d,’’ not democratically in terms simply lodge an objection and walk orado—and say we have a couple weeks of political affiliation. away and never present their case be- now in America to have a debate on the I know in the next few weeks Senator fore the American people. dysfunction and brokenness of the Sen- SCHUMER is going to be very much in- Our good colleague from Tennessee ate. We are asking the American public volved as one on our leadership team, said he wanted to see—how did he put to engage, to call your Senators, to along with Senator REID and others, it?—something to the effect of a ‘‘talk- share your concerns about a Senate seeing what we can do to work things ing your heads off’’ form of filibuster, that cannot do authorizations, that has out so we can have a meaningful and he referred to Jimmy Stewart. not done appropriations, that leaves change in the rules. There is a sense of commonality in hundreds of House bills on the floor, Again, I am all for getting rid of se- our views that if one is going to vote to and that cannot fulfill its constitu- cret holds, but that seems to be kind of continue debate, then the debate tional responsibility to advise and con- a no-brainer. That would probably get should continue—it is that simple—so sent on nominations, thereby under- close to 100 votes. But if that is all we the citizens can see if you have a case are going to do, that is not a very mining our other two branches of gov- to make that makes sense, and they meaningful change in the rules. ernment. I submit that what Senator UDALL, can weigh in and help turn the tide in This has to be addressed. That is why Senator MERKLEY, and others have in- the direction of the Senator, or that we are here. troduced, or I submitted myself going you have no case to make and they The PRESIDING OFFICER (Mr. want you to sit down and have the Sen- on for 15 years now, that is meaningful MANCHIN). The Senator from Iowa. ate get on with its business. That is Mr. HARKIN. Mr. President, I thank change in the rules. I know Senator simple. the Senator from Oregon for his leader- SCHUMER is going to be very much in- volved in that discussion. I applaud There are many ideas for much more ship. I want to rephrase my question radical steps—steps in which we would him for his efforts and leadership. We that I left hanging when I yielded the proceed to say, yes, we will do some- will be back on January 25 to take up floor the last time. I see our great thing different. We will eliminate the this cause again. I know I speak for my friend from New York is here to speak. filibuster. But that is not the proposal friend from Oregon that he is going to I will not take more than a minute or I am speaking to today. It is not the be here on the 25th, and my friend from two. I want to rephrase the question. proposal to which many of us are New Mexico and everyone else. We are I asked the question: What has the speaking. We are saying, yes, you can going to be here because we cannot let filibuster become? And I further asked keep speaking, but you have to speak. this go. We cannot permit the Senate a question about consensus. If you do You cannot go on vacation. You cannot to be so dysfunctional that we cannot not get a consensus—that is, over 60 hide from the American people. You respond to the urgent needs of America people—to agree on something, should cannot object and hide. That is not in and our place in the world today. We then the majority not have the right to the tradition of the Senate. cannot continue to go downhill as a act? I want to rephrase that question There is a Wall Street Journal article country and cannot continue to let the that came out yesterday. I am not sure and put it this way: If consensus— Senate be a dumping ground and noth- if it was an editorial or an op-ed, so I meaning over 60 Senators—if over 60 ing ever gets done. will not attribute it to anyone specifi- Senators cannot agree on something, These rules need to be changed. We cally. But it said there is no chance for then should the minority have the ab- will be back on the 25th to do so. I filibuster reform to address the filibus- solute total veto power over what the thank my friend from Colorado for his ters on legislation because the Demo- majority is proposing? That is the es- indulgence. crats will not want to imperil their sence of it. If you cannot get a con- The PRESIDING OFFICER. The Sen- ability to obstruct the Republicans sensus, should the minority have the ator from Colorado. when the Republicans are in power total, absolute power to determine the Mr. UDALL of Colorado. Mr. Presi- someday. outcome? dent, I ask unanimous consent that Here we are, we are Democrats, and That is what has happened in the Senator SCHUMER be recognized after we are saying we are talking about Senate. That is what has become of me for up to 15 minutes. rules that we have placed against the this filibuster. The end result has be- The PRESIDING OFFICER. Without test of whether we can support these come the fact that 41 Senators—if you objection, it is so ordered. rules, whether in the majority or in the do not have 60 Senators or more—41 Mr. UDALL of Colorado. Mr. Presi- minority. The proposal we signed onto Senators decide what we do, what we dent, before I speak on the matter today—the five reforms we have laid vote on, what comes before this body. today, which the group of Senators out—we have run through the test of How does that square with the prin- today so eloquently and powerfully saying: Will this meet a fairness stand- ciple of democratic government and outlined for all of us, I want to ac- ard? Would this be fair if we were in majority rule? knowledge that the 111th Congress was the minority? I leave that out there: Should we one of the most productive in history. One of the proposals is to make sure have and continue to have, if we can- Legislation we passed will make real the minority and the majority get to not reach a consensus, should we con- changes for American families who are have amendments. That is a valuable tinue to have veto power by the minor- struggling through a tough economy, protection for whichever party is in the ity? as the Presiding Officer knows, and minority. I also see the Senator from Colorado with rising health care costs. What we Another piece of it is to say, yes, the here to speak. did also will make our military and Na- filibuster can still be used. But you I also want to publicly thank the tion safe and stronger. We should be have to invest time and energy and Senator from New York who I see is proud of the work we accomplished in make your case before the American about ready to speak, the chairman of the previous Congress. people. our Rules Committee. Senator SCHU- But I have to also say that the last 2 We have believed we can live with MER has spent so many hours and so years was a time of unprecedented ob- that in the minority. If we are going to many days this past year on this issue struction and partisanship. If you do

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

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

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

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

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

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

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

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

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

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

VerDate Mar 15 2010 02:46 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G05JA6.045 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE January 5, 2011 CONGRESSIONAL RECORD — SENATE S57 specific. It requires a transitional 2- pensated specialists commonly em- than in most of these so-called ‘‘fron- year period of limited relief to reduce ployed in practices today. The third tier’’ States. Medicare also pays much the impact of the current, inequitable category, of ‘‘other’’ expense, is consid- lower rates in other rural States, like practice expense formula in rural areas ered to be a national market and not Arkansas and New Mexico, but they while a broader analysis of the method- adjusted. It should include expenses don’t benefit from the Frontier Free- ology and evaluation of the data is con- like office furniture and information loader because they don’t meet the def- ducted by the Department of Health technology that cost the same, no mat- inition of a frontier State. We should and Human Services, HHS. The Sec- ter where you live, but it doesn’t. And improve physician payments for all retary is mandated to limit the impact the weights used by CMS in their rural States, not just a select few. And of the existing adjustments by reflect- methodology are outdated and fail to it’s unfair to improve hospital pay- ing only one-half of the geographic dif- represent physician practice expenses ments for just a few States. My legisla- ferences in employee wages and rents accurately. tion would have eliminated those spe- in the PE GPCI adjustment for 2010 and Unfortunately, the more accurate cial payments for just five States, and 2011 and to hold harmless those local- calculation of practice expense costs I will be reintroducing that legislation ities that would otherwise see a reduc- that was intended to be achieved by my again soon. tion as a result of this adjustment. amendment also has been jeopardized The Institute of Medicine, IOM, has Most importantly, the provision re- by a special interest provision that was been asked by HHS to evaluate the ac- quires that a longer term solution be added to PPACA behind the closed curacy of the existing geographic ad- implemented in 2012, at which time the doors of the majority leader during the justment factors and whether the cur- Secretary must make appropriate ad- Senate floor consideration of health re- rent measures and data are representa- justments to the formula to ensure ac- form. It addresses geographic dispari- tive of the costs. I have prepared a curate geographic practice expense ad- ties in Medicare payment but it helps statement for consideration by the justments. just 5 States at the expense of the IOM committee charged with this re- This 2-year transition in 2010 and 2011 other 45 States. It is what I call the view, the Committee on Geographic was provided to allow time for a fo- ‘‘Frontier Freeloader’’ provision. It im- Adjustment Factors in the Medicare cused, in-depth study by the Centers proves Medicare reimbursement in Program. I urge the IOM to address the for Medicare and Medicaid Services, these frontier States by establishing inaccuracy of the current geographic CMS, on the data and methodology floors for the hospital wage index and adjusters used for physician practice used to support a revised PE GPCI for- the physician practice expense GPCI. A expense, the methodology and data mula that would be implemented by frontier State is defined as one with 50 used in their calculation, and the ad- January 1, 2012. However, to date CMS percent or more frontier counties, de- verse effect of the existing practice ex- has failed to make any significant fined as counties with a population per pense geographic adjustment factor on changes in the sources of the data or square mile of less than six. rural access to care. I also urge IOM to the methodology used in calculation of This special deal will ensure that review the frontier States provision the practice expense adjustment. Al- higher payments go to just five rural and provide HHS and Congress with recommendations on specific factors though CMS has acknowledged its obli- States in 2011—North Dakota, South that could be used to determine physi- gations for an additional study as Dakota, Montana, Wyoming and Ne- cian practice costs in those States in called for by section 3102(b), they con- vada—at the expense of every other lieu of the inequitable frontier States tinue to claim that their ‘‘analysis of State. But the Frontier Freeloader is even more egregious because Iowa and floor. the current methods of establishing PE It is my hope that the IOM will care- other States like Arkansas and New GPCIs and [their] evaluation of data fully consider these comments as it Mexico that don’t benefit from this that fairly and reliably establish dis- proceeds with its review and develops provision are paying for it! So, tax- tinctions in the cost of operating a recommendations and a report to be payers in your State and mine all the medical practice in the different fee submitted to HHS and the Congress other 45 States—will kick in to pay for schedule areas meet the statutory re- later this year. I ask unanimous con- quirements’’ of section 3102(b), Federal this unfair $2 billion Frontier Free- sent that my statement to the IOM be loader carve-out for five States that Register, November 29, 2010, Page 73254. printed in the RECORD. I strongly disagree. ends up harming all the other rural There being no objection, the mate- When the current Medicare payment States. And that is just the cost for the rial was ordered to be printed in the system was established, Congress de- next few years. The frontier States RECORD, as follows: cided that geographic adjustments deal does not sunset, and it is not time- STATEMENT OF SENATOR CHUCK GRASSLEY would be appropriate to equalize physi- limited. It will continue to benefit so- (Institute of Medicine, Committee on Geo- cian payment by reflecting differences called ‘‘frontier States’’ forever while graphic Adjustment Factors in the Medi- in physicians’ practice costs, and it es- taxpayers in your State and mine con- care Program, Jan 5, 2011) tablished the geographic practice cost tinue to pay the bills. It’s another ex- As the senior senator from Iowa and the indices, GPCIs, for physician work, ample of how the lack of transparency Ranking Member of the United States Sen- practice expenses, and malpractice pre- and the deals made behind closed doors ate Committee on Finance in recent years, I miums. Congress also mandated that to garner votes last year led to bad appreciate the opportunity to provide this HHS use the most recent data available policies. And it became law when the statement to the Institute of Medicine (IOM) relating to practice expenses in calcu- President signed the health care re- on a study that the IOM has undertaken at the request of the Secretary of the Depart- lating the geographic adjustments for form bill. ment of Health and Human Services (HHS) physician practice costs. I introduced legislation to eliminate regarding the accuracy of the geographic ad- However, CMS has long relied upon the inequitable frontier freeloader pro- justment factors used for Medicare payment. proxy data sources that bear little to vision in the last Congress and to im- For the last ten years, I served either as no relevance to actual practice costs, prove Medicare beneficiaries’ access to Ranking Member or as the Chairman of the such as using Housing and Urban De- care in all rural States. The Medicare Senate Committee on Finance, which has ju- velopment, HUD, apartment rental Rural Health Care Equity Act of 2010 risdiction over Medicare. During this time, I led congressional efforts to establish more data to calculate physician office rent. would have eliminated this special accurate geographic adjusters for Medicare This doesn’t have any connection with Medicare reimbursement rate for fron- physician payment and to realign incentives the cost of office space, let alone a phy- tier States and provided additional in Medicare to promote higher quality and sician’s office. Also, the current for- funds from its repeal to improve reim- more efficient care. This IOM committee has mula only counts employee wages in bursement in all rural States. Iowa been asked to evaluate the accuracy of the four occupations: nurses, clerical per- provides some of the highest quality geographic adjustment factors and to pro- sonnel and medical technicians but it care in the country but it does not vide their recommendations as to whether the current measures and data are represent- should reflect employee wages more ac- meet the definition of a frontier State. ative of the costs. I would like to address the curately by also taking into account Certainly Iowa should have been helped inaccuracy of the current Medicare geo- physician assistants, office administra- since Medicare reimbursement for hos- graphic adjustment factors used for physi- tors, and other more highly com- pitals and physicians is lower in Iowa cian practice expense, the methodology and

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

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

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

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

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

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

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

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

VerDate Mar 15 2010 04:06 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A05JA6.069 S05JAPT1 smartinez on DSKB9S0YB1PROD with SENATE S66 CONGRESSIONAL RECORD — SENATE January 5, 2011 SENATE RESOLUTION 10—TO IM- ator seeks recognition, then the Presiding that the notice of intent to object is sub- PROVE THE DEBATE AND CON- Officer shall note that the period of contin- mitted. SIDERATION OF LEGISLATIVE uous debate has ended and cloture shall be (b) CALENDAR.—Upon receiving the submis- sion under subsection (a)(2)(B), the Legisla- MATTERS AND NOMINATIONS IN considered invoked.’’; and (2) in the last undesignated paragraph by tive Clerk shall add the information from THE SENATE inserting ‘‘or during a period of continuous the notice of intent to object to the applica- Mr. UDALL of New Mexico (for him- debate’’ after ‘‘is invoked’’. ble Calendar section entitled ‘‘Notices of In- tent to Object to Proceeding’’ created by self, Mr. HARKIN, Mr. MERKLEY, Mr. SEC. 5. POST CLOTURE DEBATE ON NOMINA- Public Law 110–81. Each section shall include DURBIN, Ms. KLOBUCHAR, Mr. BROWN of TIONS. The second undesignated paragraph of the name of each Senator filing a notice Ohio, Mr. BEGICH, Mr. BLUMENTHAL, paragraph 2 of rule XXII of the Standing under subsection (a)(2)(B), the measure or Mrs. GILLIBRAND, Mrs. SHAHEEN, Mrs. Rules of the Senate is amended by inserting matter covered by the calendar to which the BOXER, Mr. TESTER, Mr. CARDIN, Ms. at the end the following: ‘‘If the matter on notice of intent to object relates, and the MIKULSKI, Mr. WARNER, Mr. MANCHIN, which cloture is invoked is a nomination, date the notice of intent to object was filed. (c) REMOVAL.—A Senator may have a no- Mr. COONS, Ms. STABENOW, Mrs. HAGAN, the period of time for debate shall be 2 tice of intent to object relating to that Sen- hours.’’. Mr. ROCKEFELLER, Mr. CASEY, Mr. ator removed from a calendar to which it WHITEHOUSE, Mr. LAUTENBERG, Mr. f was added under subsection (b) by submit- FRANKEN, and Mr. UDALL of Colorado) SENATE RESOLUTION 11—TO ES- ting for inclusion in the Congressional submitted the following resolution; Record the following notice: TABLISH AS A STANDING ORDER which was submitted and read: ‘‘I, Senator lllll, do not object to OF THE SENATE THAT A SEN- , dated .’’ The first S. RES. 10 lllllll lllll ATOR PUBLICLY DISCLOSE A NO- blank shall be filled with the name of the Resolved, TICE OF INTENT TO OBJECTING Senator, the second blank shall be filled with SECTION 1. DEBATE ON MOTIONS TO PROCEED. TO ANY MEASURE OR MATTER the name of the covered request, the name of Rule VIII of the Standing Rules of the Sen- the measure or matter and, if applicable, the ate is amended by striking paragraph 2 and Mr. WYDEN (for himself, Mr. GRASS- calendar number, and the third blank shall inserting the following: LEY, Mrs. MCCASKILL, Ms. COLLINS, be filled with the date of the submission to ‘‘2. Debate on a motion to proceed to the Mrs. GILLIBRAND, Mr. BROWN of Ohio, the Congressional Record under this sub- consideration of any matter, and any debat- Mrs. MURRAY, Mr. DURBIN, Ms. section. able motion or appeal in connection there- KLOBUCHAR, Mrs. SHAHEEN, Mr. UDALL (d) OBJECTING ON BEHALF OF A MEMBER.—If with, shall be limited to not more than 2 of Colorado, Mr. WHITEHOUSE, Mr. a Senator who has notified his or her leader hours, to be equally divided between, and of an intent to object to a covered request BINGAMAN, and Mr. MANCHIN) sub- controlled by, the majority leader and the fails to submit a notice of intent to object minority leader or their designees except for mitted the following resolution; which under subsection (a)(2)(B) within 1 session a motion to go into executive session to con- was submitted and read: day following an objection to a covered re- sider a specified item of executive business S. RES. 11 quest by the leader or his or her designee on and a motion to proceed to consider any Resolved, that Senator’s behalf, the Legislative Clerk privileged matter, which shall not be debat- SECTION 1. ELIMINATING SECRET SENATE shall list the Senator who made the objec- able.’’. HOLDS. tion to the covered request in the applicable SEC. 2. ELIMINATING SECRET HOLDS. (a) IN GENERAL.— ‘‘Notice of Intent to Object to Proceeding’’ Rule VIII of the Standing Rules of the Sen- (1) COVERED REQUEST.—This standing order calendar section. ate is amended by inserting at the end the shall apply to a notice of intent to object to f following: the following covered requests: SENATE RESOLUTION 12—TO ‘‘3. No Senator may object on behalf of an- (A) A unanimous consent request to pro- other Senator without disclosing the name ceed to a bill, resolution, joint resolution, AMEND THE STANDING RULES of that Senator.’’. concurrent resolution, conference report, or OF THE SENATE TO REFORM SEC. 3. RIGHT TO OFFER AMENDMENTS. amendment between the Houses. THE FILIBUSTER RULES TO IM- Paragraph 2 of rule XXII of the Standing (B) A unanimous consent request to pass a PROVE THE DAILY PROCESS OF Rules of the Senate is amended by inserting bill or joint resolution or adopt a resolution, THE SENATE at the end the following: concurrent resolution, conference report, or Mr. UDALL of Colorado (for himself, ‘‘After debate has concluded under this the disposition of an amendment between paragraph but prior to final disposition of the Houses. Mr. DURBIN, and Mrs. SHAHEEN) sub- the pending matter, the Majority Leader and (C) A unanimous consent request for dis- mitted the following resolution; which the Minority Leader may each offer not to position of a nomination. was referred to the Committee on exceed 3 amendments identified as leadership (2) RECOGNITION OF NOTICE OF INTENT.—The Rules and Administration: amendments if they have been timely filed majority and minority leaders of the Senate S. RES. 12 under this paragraph and are germane to the or their designees shall recognize a notice of Whereas the Senate has operated under the matter being amended. Debate on a leader- intent to object to a covered request of a cloture rules for many decades; ship amendment shall be limited to 1 hour Senator who is a member of their caucus if Whereas there has been a marked increase equally divided. A leadership amendment the Senator— in the use of the filibuster in recent years; may not be divided.’’. (A) submits the notice of intent to object Whereas sweeping, monumental legislation SEC. 4. EXTENDED DEBATE. in writing to the appropriate leader and affecting economic recovery, reform of the Paragraph 2 of rule XXII of the Standing grants in the notice of intent to object per- healthcare system, reform of the financial Rules of the Senate is amended— mission for the leader or designee to object regulatory system, and many other initia- (1) by striking the second undesignated in the Senator’s name; and tives all were enacted in the 111th Congress paragraph and inserting the following: (B) not later than 1 session day after sub- after overcoming filibusters; ‘‘ ‘Is it the sense of the Senate that the de- mitting the notice of intent to object to the Whereas both parties have used the fili- bate shall be brought to a close?’ And if that appropriate leader, submits a copy of the no- buster to prevent the passage of controver- question shall be decided in the affirmative tice of intent to object to the Congressional sial legislation and confirmation of qualified by three-fifths of the Senators duly chosen Record and to the Legislative Clerk for in- nominees; and sworn—except on a measure or motion clusion in the applicable calendar section de- Whereas the Senate rules regarding cloture to amend the Senate rules, in which case the scribed in subsection (b). serve the legitimate purpose of protecting necessary affirmative vote shall be two- (3) FORM OF NOTICE.—To be recognized by the rights of the minority; thirds of the Senators present and voting— the appropriate leader a Senator shall sub- Whereas there are many areas where the then cloture has been invoked. If that ques- mit the following notice of intent to object: rules of the Senate have been abused, and tion shall be decided in the negative the Sen- ‘‘I, Senator lllllll, intend to object can make way for changes that will improve ate shall enter a period of continuous debate to llllllll, dated lllllll. I will the daily process of the Senate; and on the measure, motion, or other matter submit a copy of this notice to the Legisla- Whereas bipartisan cooperation can over- pending before the Senate, or the unfinished tive Clerk and the Congressional Record come nearly any obstacle in the United business. A period of continuous debate shall within 1 session day and I give my permis- States Senate, changing the Senate rules continue as long as the subject of the cloture sion to the objecting Senator to object in my must also be done with bipartisan coopera- vote is the pending business. During a period name.’’ The first blank shall be filled with tion: Now, therefore, be it of continuous debate, if a Senator seeks rec- the name of the Senator, the second blank Resolved, ognition to speak, that Senator shall be rec- shall be filled with the name of the covered SECTION 1. CHANGING VOTE THRESHOLD TO ognized and the Presiding Officer shall not request, the name of the measure or matter PRESENT AND VOTING. entertain any motion or quorum calls. If and, if applicable, the calendar number, and The second undesignated subparagraph of during a period of continuous debate, no Sen- the third blank shall be filled with the date paragraph 2 of rule XXII of the Standing

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

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

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

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

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

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HONORING THE DICKSON STRING JUSTICE AND EQUITY FOR MEM- and a monthly benefit to compensate for the QUARTET AT THE UNIVERSITY BERS OF THE UNITED STATES loss of nearly a lifetime of ineligibility for the OF MISSOURI-ST. LOUIS MERCHANT MARINE G.I. Bill would be of comfort and would pro- vide some measure of security for veterans of HON. WM. LACY CLAY HON. BOB FILNER the Merchant Marine. OF CALIFORNIA I urge my colleagues to join me in sup- OF MISSOURI IN THE HOUSE OF REPRESENTATIVES porting and co-sponsoring this legislation. We IN THE HOUSE OF REPRESENTATIVES can fix the injustices endured by our Nation’s Wednesday, January 5, 2011 Merchant Marines by passing H.R. 23 as Wednesday, January 5, 2011 Mr. FILNER. Mr. Speaker and colleagues, I quickly as possible. Mr. CLAY. Mr. Speaker, I rise today to rec- rise today to correct an injustice that has been f ognize the members of the Dickson family inflicted upon a group of World War II vet- who are committed to their education and love erans, the World War II United States Mer- HONORING TANNER JOSEPH for the art of music. That is why parents Ray- chant Mariners. DALMAN mond and Theresa Dickson chose to simulta- World War II Merchant Mariners suffered neously enroll four of their children at the Uni- the highest casualty rate of any of the HON. SAM GRAVES versity of Missouri-St. Louis. Music Majors branches of service while they delivered OF MISSOURI Ashley, Benjamin, Brandon and Daniel troops, tanks, food, airplanes, fuel, and other IN THE HOUSE OF REPRESENTATIVES Dickson receive lessons and recite together as needed supplies to every theater of the war. Wednesday, January 5, 2011 a string quartet, under the tutelage of the Compared to the large number of men and ‘‘Arianna String Quartet’’, the University’s women serving in World War II, the numbers Mr. GRAVES of Missouri. Mr. Speaker, I quartet-in-residence. It is believed to be the of the Merchant Mariners were small, but their proudly pause to recognize Tanner Joseph only resident quartet in a public university in chance of dying during service was extremely Dalman. Tanner is a very special young man the United States. The Dickson family chose high. Enemy forces sank over 800 ships be- who has exemplified the finest qualities of citi- Florissant, Missouri to maintain a strong sup- tween 1941 and 1944 alone. zenship and leadership by taking an active port structure for their University students. Unfortunately, this group of brave men was part in the Boy Scouts of America, Troop 397, Prior to moving to Florissant, Raymond, denied their rights under the G.I. Bill of Rights and earning the most prestigious award of Theresa and their ten children had been living that Congress enacted in 1945. All those who Eagle Scout. in Battle Ground Washington a suburb of Port- served in the Army, Navy, Marine Corps, Air Tanner has been very active with his troop, land, Oregon for several years. The children Force or Coast Guard were recipients of bene- participating in many scout activities. Over the were home-schooled. Most of them elected to fits under the G.I. Bill. The United States Mer- many years Tanner has been involved with learn an instrument. Over time, four of the eld- chant Marine was not included. scouting, he has not only earned numerous est Dickson’s began performing together as The Merchant Marine became the forgotten merit badges, but also the respect of his fam- the Dickson String Quartet. service. For four decades, no effort was made ily, peers, and community. Most notably, Tan- While honing their skills at the Britt Festival to recognize the contribution made by this ner has earned the rank of Senior Patrol in Jacksonville, Oregon, they caught the col- branch of the Armed Services. The fact that Leader. Tanner has also contributed to his lective ears of the Arianna String Quartet, who Merchant Seamen had borne arms during community through his Eagle Scout project. were guest instructors at the two-week string wartime in the defense of their country Tanner designed and constructed an open quartet academy. ‘‘When people hear them, I seemed not to matter. shelter for Jesse James Park in Kearney, Mis- don’t think they can help but be drawn in,’’ No legislation to benefit Merchant Seamen souri, a task that included many long week- Arianna violist Joanna Mendoza told University was passed by Congress until 1988 when the ends this past fall. of Missouri-St. Louis Magazine. Seaman Acts of 1988 finally granted them a Mr. Speaker, I proudly ask you to join me in ‘‘watered down’’ G.I. Bill of Rights. Some por- commending Tanner Joseph Dalman for his The feeling was mutual for the Dickson’s, tions of the G.I. Bill have never been made accomplishments with the Boy Scouts of who desired a continuation of their studies available to veterans of the Merchant Marine. America and for his efforts put forth in achiev- with the Arianna. Working with the university, In addition, they still have not received prop- ing the highest distinction of Eagle Scout. members of the Arianna were able to create er recognition as veterans for Social Security an opportunity for the four Dicksons to enroll f purposes. If they had the ‘‘veteran’’ designa- together and learn as an ensemble with Uni- tion, their Social Security would be calculated THE SENIORS’ HEALTH CARE versity of Missouri-St. Louis’ resident quartet. as if they had earned $160 more a month than FREEDOM ACT With the Dickson String Quartet ranging in they did earn during their time in service in the age from 16 to 20 and never having attended Merchant Marines. Of course, what this means HON. RON PAUL a public school at the time of their enrollment is a smaller Social Security check, now that OF TEXAS at University of Missouri-St. Louis, Raymond they are retired. IN THE HOUSE OF REPRESENTATIVES and Theresa decided to move their family to While it is impossible to make up for over maintain a support structure for the new uni- 40 years of unpaid benefits, I propose a bill Wednesday, January 5, 2011 versity students. that will acknowledge the service of the vet- Mr. PAUL. Mr. Speaker, I rise to introduce The Dickson students have thrived at Uni- erans of the Merchant Marine and offer com- the Seniors’ Health Care Freedom Act. This versity of Missouri-St. Louis. They’ve quickly pensation for years and years of lost benefits. act protects seniors’ fundamental right to established a reputation as leaders and role H.R. 23, the ‘‘Belated Thank You to the Mer- make their own health care decisions by re- models in the Department of Music and Pierre chant Mariners of World War II Act of 2011,’’ pealing federal laws that interfere with seniors’ Laclede Honors College. They participate in will pay each eligible veteran a monthly benefit ability to form private contracts for medical several performance ensembles, play together of $1000, and that payment would also go to services. This bill also repeals laws which as ‘‘the quartet for worship’’ at their local their surviving spouses. It will also give them force seniors into the Medicare program church and have several standing ovations the Social Security that they are due by pro- against their will. When Medicare was first es- through their performances as a sibling quar- viding them with the status of ‘‘veteran’’ under tablished, seniors were promised that the pro- tet. the Social Security Act. gram would be voluntary. In fact, the original Mr. Speaker, I am honored to pay tribute to The average WWII-era Merchant Marine is Medicare legislation explicitly protected a sen- the Dickson family and I urge my colleagues now well into his 80s. Many have outlived their ior’s right to seek out other forms of medical to join me in honoring them. savings. An increase in their Social Security insurance. However, the Balanced Budget Act

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 06:09 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K05JA8.001 E05JAPT1 jbell on DSKDVH8Z91PROD with REMARKS E2 CONGRESSIONAL RECORD — Extensions of Remarks January 5, 2011 of 1997 prohibits any physician who forms a These questions take on greater signifi- war and during military conflicts that pose im- private contract with a senior from filing any cance every year. The power of the Presi- minent and serious military threats to national Medicare reimbursement claims for two years. dency seems to grow and grow under both security. As a practical matter, this means that seniors parties, and the ability of our democratic insti- Furthermore, the legislation would make it cannot form private contracts for health care tutions to constrain it seems more and more harder to increase taxes by requiring that leg- services. uncertain. islation to increase revenue be passed by a Seniors may wish to use their own re- In the current political atmosphere, I believe true majority of each chamber and not just a sources to pay for procedures or treatments that an expert commission with appointments majority of those present and voting. Finally, not covered by Medicare, or to simply avoid made by both branches and individuals of the bill requires a 3/5 majority vote for any in- the bureaucracy and uncertainly that comes both parties would be uniquely positioned to creases in the debt limit. when seniors must wait for the judgment of a evaluate the issues and propose steps that Our federal government must be lean, effi- Center from Medicare and Medicaid Services the Congress can take to enhance both our cient and responsible with the dollars that our (CMS) bureaucrat before finding out if a de- liberty and our security for generations to nation’s citizens worked so hard to earn. We sired treatment is covered. come. must work to both eliminate every cent of Seniors’ right to control their own health f waste and squeeze every cent of value out of care is also being denied due to the Social each dollar our citizens entrust to us. Families Security Administration’s refusal to give sen- INTRODUCTION OF THE BALANCED all across our nation understand what it iors who object to enrolling for Medicare Part BUDGET CONSTITUTIONAL means to make tough decisions each day A Social Security benefits. This not only dis- AMENDMENT about what they can and cannot afford and torts the intent of the creators of the Medicare government officials should be required to ex- system; it also violates the promise rep- HON. BOB GOODLATTE ercise similar restraint when spending the resented by Social Security. Americans pay OF VIRGINIA hard-earned dollars of our nation’s citizens. taxes into the Social Security Trust Fund their IN THE HOUSE OF REPRESENTATIVES By amending the Constitution to require a whole working lives and are promised that So- Wednesday, January 5, 2011 balanced budget, we can force the Congress cial Security will be there for them when they to control spending, paving the way for a re- retire. Yet, today, seniors are told that they Mr. GOODLATTE. Mr. Speaker, I rise to re- turn to surpluses and ultimately paying down cannot receive these benefits unless they introduce legislation that will amend the United the national debt, rather than allow big spend- agree to join an additional government pro- States Constitution to force Congress to rein ers to lead us further down the road of chronic gram! in spending by balancing the federal budget. deficits and in doing so leave our children and At a time when the fiscal solvency of Medi- We have a spending addiction in Wash- grandchildren saddled with debt that is not care is questionable, to say the least, it seems ington, D.C., and it has proven to be an addic- their own. foolish to waste scarce Medicare funds on tion that Congress cannot control on its own This concept is not new—49 out of 50 those who would prefer to do without Medi- and which is bringing dire consequences. We states have a balanced budget requirement. care. Allowing seniors who neither want nor have gone in a few short years from a deficit Our nation faces many difficult decisions in need to participate in the program to refrain of billions of dollars to a deficit of trillions of the coming years, and Congress will face from doing so will also strengthen the Medi- dollars. We are printing money at an unprece- great pressure to spend beyond its means care program for those seniors who do wish to dented pace, which presents serious risks of rather than to make the difficult decisions participate in it. Of course, my bill does not massive inflation. Our national debt recently about spending priorities. Unless Congress is take away Medicare benefits from any senior. surpassed an astonishing $14 trillion and con- forced to make the decisions necessary to It simply allows each senior to choose volun- tinues to rapidly increase, along with the create a balanced budget, it will always have tarily whether or not to accept Medicare bene- waste associated with paying the interest on the all-too-tempting option of shirking this re- fits or to use his own resources to obtain that debt. sponsibility. The Balanced Budget Constitu- health care. Our first Secretary of State, Thomas Jeffer- tional amendment is a common sense ap- Forcing seniors into government programs son, warned of the consequences of out-of- and restricting their ability to seek medical proach to ensure that Congress is bound by control debt when he wrote: ‘‘To preserve [the] the same fiscal principles that guide America’s care free from government interference in- independence [of the people,] we must not let fringes on the freedom of seniors to control families each day. our rulers load us with perpetual debt. We I urge support of this important legislation. their own resources and make their own must make our election between economy and f health care decisions. A woman who was liberty, or profusion and servitude.’’ Unfortu- forced into Medicare against her wishes nately, it increasingly appears that Congress THE ILLEGAL IMMIGRATION EN- summed it up best in a letter to my office, has chosen the latter path. FORCEMENT AND SOCIAL SECU- ‘‘. . . I should be able to choose the medical Our current Secretary of State, Hillary Clin- RITY PROTECTION ACT arrangements I prefer without suffering the ton, issued a similar warning when she re- penalty that is being imposed.’’ I urge my col- cently declared: ‘‘I think that our rising debt leagues to protect the right of seniors to make HON. DAVID DREIER levels [sic] poses a national security threat, OF CALIFORNIA the medical arrangements that best suit their and it poses a national security threat in two IN THE HOUSE OF REPRESENTATIVES own needs by cosponsoring the Seniors’ ways. It undermines our capacity to act in our Health Care Freedom Act. own interest, and it does constrain us where Wednesday, January 5, 2011 f constraint may be undesirable. And it also Mr. DREIER. Mr. Speaker, the roots of our INTRODUCTION OF A BILL TO ES- sends a message of weakness internation- broken immigration and employer verification TABLISH A NATIONAL COMMIS- ally.’’ Despite these warnings, Congress has system can be traced to three underlying fac- SION ON PRESIDENTIAL WAR refused to address this crisis. tors: too many unreliable documents, including POWERS AND CIVIL LIBERTIES Congress’ spending addiction is not a par- the Social Security card; a faulty employment tisan one. It reaches across the aisle and af- verification system; and lax enforcement. The HON. JOHN CONYERS, JR. flicts both parties, which is why neither party cornerstone of any immigration and border se- has been able to master it. We need outside curity reform plan must include an effective OF MICHIGAN help. We need pressure from outside Con- employment verification system and enhanced IN THE HOUSE OF REPRESENTATIVES gress to force us to rein in this out-of-control enforcement of our immigration laws. My bill, Wednesday, January 5, 2011 behavior. We need a balanced budget amend- H.R. 98, the Illegal Immigration Enforcement Mr. CONYERS. Mr. Speaker, today I intro- ment to our Constitution. and Social Security Protection Act, provides a duce a bill that will create a national commis- That is why I am introducing this legislation, strong foundation on which to build upon. sion to examine fundamental questions re- which garnered 179 bipartisan cosponsors in The 1986 Immigration Reform and Control garding national security, civil liberties, and the the 111th Congress. This bill would amend the Act created the I–9 system for employers to rule of law. These include: What actions are Constitution to require that total spending for verify the work authorization status of prospec- permitted in the name of national security? any fiscal year not exceed total receipts and tive employees. Currently, there are 26 docu- What rights and liberties should a free people require the President to propose budgets to ments that individuals can use in 102 different demand? Can the so-called Imperial Presi- Congress that are balanced each year. It combinations to establish work authorization dency be controlled? would also provide an exception in times of status in the U.S. While well intentioned, this

VerDate Mar 15 2010 06:09 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A05JA8.001 E05JAPT1 jbell on DSKDVH8Z91PROD with REMARKS January 5, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E3 program forces employers to be identification Mr. Speaker, I proudly ask you to join me in a much needed reform to our election system. experts while allowing unscrupulous employ- commending Daniel Francis Burke for his ac- I believe that we should continue to focus on ers to hire illegal immigrants. complishments with the Boy Scouts of Amer- improvements to our election system in this The 1996 Illegal Immigration Reform and ica and for his efforts put forth in achieving the Congress leading up to the presidential cycle Immigrant Responsibility Act sought to im- highest distinction of Eagle Scout. next year. As we begin to focus election fixes prove reliability of the I–9 system by creating f and greater voter protections, this legislation the Basic Pilot Program, now known as E- INTRODUCING THE SOCIAL SECU- can make a critical contribution to such efforts. Verify, which allows employers, on a voluntary RITY BENEFICIARY TAX REDUC- Prohibitions on voter caging will ensure that basis, to use an online system to verify the TION ACT AND THE SENIOR CITI- our democracy lives up to the belief that every work authorization status of new employees ZEN’S TAX ELIMINATION ACT eligible citizen is entitled to the right to vote. by checking validity of the Social Security Voter caging, though just recently given numbers with the Social Security Administra- media attention, is a disenfranchisement tactic tion. The implementation of this program has HON. RON PAUL that has been around for over 50 years. This been a step in the right direction. However, OF TEXAS undemocratic tactic often involves sending several studies have found that the E-Verify IN THE HOUSE OF REPRESENTATIVES mail to voters at the addresses at which they program is unable to detect identity fraud, al- Wednesday, January 5, 2011 are registered to vote. Should such mail be re- lowing those with valid, but stolen documents, Mr. PAUL. Mr. Speaker, today I am pleased turned as undeliverable or without a return re- to secure employment. to introduce two pieces of legislation to reduce ceipt, voters’ names are placed on a ‘‘caging H.R. 98 builds on the E-Verify program by taxes on senior citizens. The first bill, the So- list,’’ that list then being used to challenge vot- creating an easy to use electronic verification cial Security Beneficiary Tax Reduction Act, ers’’ eligibility. system based on a secure, tamper-proof So- repeals the 1993 tax increase on Social Secu- cial Security card, which employers can use to rity benefits. Repealing this increase on Social Those suggesting that voter caging is nec- electronically verify the work authorization sta- Security benefits is a good first step toward re- essary to weed out ineligible voters must rec- tus of prospective employees. The new card ducing the burden imposed by the Federal ognize this practice is unreliable and dan- includes a digitized photo of the cardholder, as Government on senior citizens. However, im- gerous for such purposes. Mail may be re- well as an encrypted electronic signature strip, posing any tax on Social Security benefits is turned as undeliverable for any number of rea- allowing employers to instantaneously verify a unfair and illogical. This is why I am also intro- sons unrelated to an individual’s eligibility to prospective employee’s work authorization sta- ducing the Senior Citizens’ Tax Elimination vote. For example, mail is returned due to tus with the Department of Homeland Secu- Act, which repeals all taxes on Social Security typos, transposed numbers, new street rity’s Employment Eligibility Database, either benefits. names, and improper deliveries. through a toll-free number or electronic card- Since Social Security benefits are financed Voters in my home state of Michigan have reader. with tax dollars, taxing these benefits is yet been subjected to voter caging controversies H.R. 98 also increases penalties for employ- another example of double taxation. Further- in the last two Presidential elections. In the ers who hire illegal immigrants or fail to verify more, ‘‘taxing’’ benefits paid by the govern- 2008 Election, a voter caging strategy meant their employment eligibility by increasing fines ment is merely an accounting trick, a shell to politically capitalize on the subprime mort- to $50,000 from $2,000, applying jail sen- game which allows members of Congress to gage crisis was identified. Those voters whose tences of up to 5 years per offense, and re- reduce benefits by subterfuge. This allows homes had been subjected to foreclosure quiring the employer to pay for deportation. In Congress to continue using the Social Security were targets for caging on the basis that they addition, the bill adds 10,000 new DHS per- trust fund as a means of financing other gov- no longer resided at the addresses at which sonnel whose sole responsibility will be to en- ernment programs, and masks the true size of they registered to vote. force employer compliance and prosecute the federal deficit. those who illegally employ illegal immigrants. Instead of imposing ridiculous taxes on sen- During the 2004 Election, challengers mon- Mr. Speaker, with newly improved document ior citizens, Congress should ensure the integ- itored every single one of Detroit’s 254 polling standards, employers will have a much higher rity of the Social Security trust fund by ending stations. This strategy was consistent with a degree of confidence in their hiring decisions. the practice of using trust fund monies for Michigan lawmaker’s effort to ‘‘suppress the This will help to prevent the hiring of unauthor- other programs. This is why I am also intro- Detroit vote.’’ It was widely accepted that this ized workers and stop illegal immigration. ducing the Social Security Preservation Act, statement was synonymous with ‘‘suppress the Black vote,’’ as Detroit is 83 percent Afri- f which ensures that all money in the Social Se- curity trust fund is spent solely on Social Se- can American. HONORING DANIEL FRANCIS curity. At a time when Congress’ inability to Our most vulnerable voters—racial minori- BURKE control spending continues to threaten the So- ties, language minorities, low-income people, cial Security trust fund, the need for this legis- the homeless, and college students—always HON. SAM GRAVES lation has never been greater. When the gov- seem to be targeted for caging and other voter OF MISSOURI ernment taxes Americans to fund Social Secu- suppression campaigns. However, all voters IN THE HOUSE OF REPRESENTATIVES rity, it promises the American people that the are susceptible to voter intimidation and sup- money will be there for them when they retire. Wednesday, January 5, 2011 pression. For example, during the 2004 elec- Congress has a moral obligation to keep that tion, Ohio and Florida caging lists included the Mr. GRAVES of Missouri. Mr. Speaker, I promise. names of soldiers whose mail had been re- proudly pause to recognize Daniel Francis In conclusion, Mr. Speaker, I urge my col- turned as undeliverable because they were Burke. Daniel is a very special young man leagues to help free senior citizens from op- stationed overseas. who has exemplified the finest qualities of citi- pressive taxation by supporting my Senior Citi- zenship and leadership by taking an active zens’ Tax Elimination Act and my Social Secu- It is because no one is immune to caging part in the Boy Scouts of America, Troop 397, rity Beneficiary Tax Reduction Act. I also urge and other disenfranchisement tactics, that I and earning the most prestigious award of my colleagues to ensure that moneys from the have introduced the Caging Prohibition Act. Eagle Scout. Social Security trust fund are used solely for This bill is really quite simple, as it one, re- Daniel has been very active with his troop, Social Security benefits and not wasted on quires election officials to corroborate their participating in many scout activities. Over the frivolous government programs. caging documents with independent evidence many years Daniel has been involved with f before a voter can be deemed ineligible. And scouting, he has not only earned numerous two, limits all other challenges that do not INTRODUCING THE CAGING come from election officials to those based on merit badges, but also the respect of his fam- PROHIBITION ACT ily, peers, and community. Most notably, Dan- personal, first-hand knowledge. iel has earned the rank of Senior Patrol Lead- By eliminating caging tactics, we restore er. Daniel has also contributed to his commu- HON. JOHN CONYERS, JR. what has been missing from our elections— OF MICHIGAN nity through his Eagle Scout project. Daniel fairness, honesty, and integrity. I ask that my IN THE HOUSE OF REPRESENTATIVES designed and constructed an open shelter for colleagues in the Congress join me in sup- Jesse James Park in Kearney, Missouri, a Wednesday, January 5, 2011 porting the Caging Prohibition Act of 2011. task that included many long weekends this Mr. CONYERS. Mr. Speaker, today I rise to Please stand with me in protecting the very past fall. introduce the Caging Prohibition Act of 2011, core of our democracy.

VerDate Mar 15 2010 06:09 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A05JA8.004 E05JAPT1 jbell on DSKDVH8Z91PROD with REMARKS E4 CONGRESSIONAL RECORD — Extensions of Remarks January 5, 2011 HONORING ALAN ROBERT WILKIN until his death. He will be deeply missed, and dation complaints were still registered with his spirit will live on as an inspiration to those Federal officials. HON. SAM GRAVES whose lives he graced. In fact, over the years, the methods that are OF MISSOURI f used to disenfranchise voters have become IN THE HOUSE OF REPRESENTATIVES INTRODUCTION OF THE SOCIAL more sophisticated as evidenced during the Wednesday, January 5, 2011 SECURITY PRESERVATION ACT 2008 Election. For example, in my home state of Michigan, in the midst of the current Mr. GRAVES of Missouri. Mr. Speaker, I subprime mortgage crisis, a strategy to chal- proudly pause to recognize Alan Robert HON. RON PAUL lenge a voter’s eligibility based on home fore- Wilkin. Alan is a very special young man who OF TEXAS closure status was devised. has exemplified the finest qualities of citizen- IN THE HOUSE OF REPRESENTATIVES ship and leadership by taking an active part in In Virginia, a flyer telling Democrats to vote Wednesday, January 5, 2011 the Boy Scouts of America, Troop 397, and on Wednesday, November 5, 2008, circulated. earning the most prestigious award of Eagle Mr. PAUL. Mr. Speaker, I rise to protect the Similar tactics were present last fall, with com- Scout. integrity of the Social Security trust fund by in- plaints coming in from areas as diverse as Alan has been very active with his troop, troducing the Social Security Preservation Act. Harris County, Texas, and even the state of participating in many scout activities. Over the The Social Security Preservation Act is a rath- Kansas. many years Alan has been involved with er simple bill which states that all monies raised by the Social Security trust fund will be We should recognize that anything short of scouting, he has not only earned numerous a perfect election system is unacceptable and merit badges, but also the respect of his fam- spent in payments to beneficiaries, with ex- work on a bipartisan basis in seeking correc- ily, peers, and community. Most notably, Alan cess receipts invested in interest-bearing cer- tive action. To that end, I have introduced has earned the rank of Assistant Patrol Lead- tificates of deposit. This will help keep Social VOTER so that we may work towards a more er. Alan has also contributed to his community Security trust fund monies from being diverted perfect system, one that reflects legitimacy, in- through his Eagle Scout project. Alan helped to other programs, as well as allow the fund tegrity, and inclusivity. VOTER will protect and record names and other information for Mt. to grow by providing for investment in interest- Olivet Cemetery in Kearney, Missouri in an ef- bearing instruments. expand voting rights in Federal elections, as fort to help genealogists and locate one par- The Social Security Preservation Act en- well as ensure the proper administration of ticular lost plot for the trustees. sures that the government will keep its prom- Federal elections. Mr. Speaker, I proudly ask you to join me in ises to America’s seniors that taxes collected VOTER will: (1) provide for a uniform Fed- commending Alan Robert Wilkin for his ac- for Social Security will be used for Social Se- eral write-in absentee ballot; (2) require states complishments with the Boy Scouts of Amer- curity. When the government taxes Americans to provide for a verified audit trail; (3) count ica and for his efforts put forth in achieving the to fund Social Security, it promises the Amer- provisional ballots cast in the proper state; (4) highest distinction of Eagle Scout. ican people that the money will be there for properly allocate voting machines and poll f them when they retire. Congress has a moral workers; (5) provide for election day voter reg- obligation to keep that promise. istration; (6) protect against improper purging IN MEMORY OF DR. DEAN WYATT Everyone acknowledges that the federal of registration lists; (7) mandate early voting; deficits are unsustainable. Social Security re- (8) require verification and audit ability for HON. DENNIS J. KUCINICH form is necessary to ensure the federal debt punch cards; (9) simplify voter registration re- OF OHIO does not create a serious economic crisis that quirements; (10) allow voter identification by IN THE HOUSE OF REPRESENTATIVES could devastate those, like Social Security re- written affidavit; (11) provide for a study of cipients, living on fixed incomes. Preventing Wednesday, January 5, 2011 nonpartisan election boards; (12) strengthen the use of Social Security trust fund monies the EAC with funding and resources; (13) Mr. KUCINICH. Mr. Speaker, I rise to pay for non-Social Security purposes is a nec- mandate the use of publicly available open tribute to an outstanding public servant, Dr. essary first step in reforming Social Security in source software; (14) restrict voting machine Dean Wyatt. For 18 years, Dr. Wyatt worked a manner that does not hurt those currently companies from engaging in political activities; as a public health veterinarian with the relying on the system. I therefore call upon all (15) give greater deference to voter intent dur- USDA’s Food Safety and Inspection Service. my colleagues, to stand up for America’s sen- At great risk to his own career, Dr. Wyatt dis- ing recounts; (16) prohibit deceptive practices iors and taxpayers by cosponsoring the Social and intimidation; (17) prohibit caging and other tinguished himself as an advocate of improved Security Preservation Act. questionable challenges; (18) restore voting federal oversight of food safety and humane f handling rules at regulated slaughter plants. rights to former felons; and (19) treat Election His tragic death from a brain tumor is a ter- VOTING OPPORTUNITY AND TECH- Day as a Federal holiday. rible loss to the country. NOLOGY ENHANCEMENT RIGHTS Some of these initiatives have already been I had the honor of receiving Dr. Wyatt’s tes- ACT implemented by states, the success of which timony before the House Oversight Commit- was observed during the 2010 elections. tee’s Subcommittee on Domestic Policy in HON. JOHN CONYERS, JR. There are 32 states that currently provide March of last year. He stepped forward to call OF MICHIGAN early voting, including Florida, a state that wit- attention to animal cruelties that he had ob- IN THE HOUSE OF REPRESENTATIVES nessed over 1 million voters turn out to the served at federally regulated slaughter facili- polls the weekend before the 2008 election. Wednesday, January 5, 2011 ties and to deep-seated problems in USDA’s There are also 29 states that currently provide enforcement of the Humane Methods of Mr. CONYERS. Mr. Speaker, today I rise to no-excuse absentee voting by mail. Slaughter Act. introduce the Voting Opportunity and Tech- Such practices were critical to managing an Even after he was diagnosed with his fatal nology Enhancement Rights or VOTER Act of unprecedented voter turnout in the 2008 elec- illness, Dr. Wyatt continued to advocate for re- 2011. I introduce this legislation, more than tions. More than 130 million people turned out form. His proposal to establish an ombudsman 200 years after the founding of our democ- to vote, the highest turnout in any presidential at the agency, which USDA is now imple- racy, because we have yet to realize a gov- election. With this many longtime and new vot- menting, is just one of many ways he has ernment that is truly representative of the prin- ers engaged in the 2008 election process, I made a lasting impact. ciple, ‘‘of the people, by the people.’’ Not until Dr. Wyatt’s truth-telling did not make him every eligible voter has the opportunity to cast suspect that voter participation will only in- popular with his agency superiors. Indeed, a ballot and have that ballot counted, will we crease in 2012. over the years he endured their disapproval have a truly democratic government. As such, we must pledge to fight for election and condemnation. Yet he spoke up: not just Though the 2010 elections did not present reform this Congress. The right to vote and to for animals but also for fellow inspectors and the widespread irregularities and improprieties have that vote counted is one of our democ- veterinarians in USDA. He spoke up for all of that were witnessed during the 2000 and 2004 racy’s most fundamental principles. It is with those who are dedicated to ensuring meaning- elections, it was still an election in which voter VOTER that I intend to protect this funda- ful compliance with the law, over the resist- disenfranchisement was attempted and ac- mental principle, and I ask that my colleagues ance of corporate interests and, at times, the complished. Voters’ names were still missing in this Congress join me in this fight for fair agency itself. He remained true to his mission from voter rolls. Voter harassment and intimi- and just elections.

VerDate Mar 15 2010 06:09 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\K05JA8.005 E05JAPT1 jbell on DSKDVH8Z91PROD with REMARKS January 5, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E5 SUPPORTING THE JAMES If we don’t enact permanent protections for always been motivated by a deep commitment ZADROGA 9/11 HEALTH AND COM- the Refuge, oil companies and their allies in to open doors of opportunity, to serve the peo- PENSATION ACT Congress will continue to push for short-sight- ple of Maryland, and to carry their voices to ed plans to drill one of our last pristine wild Washington. HON. STEVE ISRAEL places. In 1986, Senator MIKULSKI became the first OF NEW YORK Just last year, the BP Deepwater Horizon Democratic woman elected to the Senate in IN THE HOUSE OF REPRESENTATIVES disaster led to more than 4 million barrels of her own right, as well as the first woman elect- Wednesday, January 5, 2011 oil spilling into the Gulf of Mexico. It was the ed to statewide office in Maryland’s history. worst oil spill in the history of the United Since then, her constituents have returned her Mr. ISRAEL. Mr. Speaker, I rise today to States. The blobs of oil washing up on Gulf to office four times—a sign of the seriousness speak in support of the 9/11 Health and Com- beaches recalled the ghosts of Valdez, and of and skill she brings to her work in the Senate. pensation Act. Santa Barbara. For decades, BARBARA MIKULSKI has been an We all know where we were on that fateful As we learned from the BP oil spill, the oil inspiration and a role model to women in pub- morning. If we were lucky, we were safe and companies are prepared to drill ultra-deep, but lic life, mentoring generations of women lead- with loved ones and far from Ground Zero. they are not prepared to do it ultra-safe. Or re- ers. I congratulate her on today’s important But there are thousands of others who were spond ultra-quick. milestone, and I wish her all the best in her not so fortunate, and who are reminded of What we did discover is that their response continuing service to our State and its people. those attacks every day—whether that’s be- plans for a Gulf oil spill included plans to cause they lost a family member or a friend, evacuate walruses from the warm waters off f or because they cannot breathe after spending Louisiana, even though they had not called weeks cleaning the rubble of our fallen Twin INTRODUCING THE IDENTITY the Gulf home for 3 million years. THEFT PREVENTION ACT Towers. This disaster was born from boosterism It is those first responders whose health we from the oil industry. Boosterism led to com- have a solemn obligation to watch over, and placency. And complacency led to disaster. HON. RON PAUL they number in the thousands—over 13,000 When it comes to the Arctic Refuge, we’ve OF TEXAS sick World Trade Center responders, more heard the same boosterism for years. The oil IN THE HOUSE OF REPRESENTATIVES than 53,000 whose health is being monitored companies and their allies repeat a list of talk- Wednesday, January 5, 2011 and 71,000 who were exposed to poisonous ing points: Drilling has a small footprint. It will toxins. not spoil habitats. Drilling can be done in an Mr. PAUL. Mr. Speaker, today I introduce They are firefighters, police officers, EMTs, environmentally safe manner. the Identity Theft Prevention Act. This act pro- construction workers and volunteers—just Now the oil companies and their allies want tects the American people from government- people who saw a fire and ran towards it to to open the Refuge and undo 50 years of pro- mandated uniform identifiers that facilitate pri- see how they could help—ran into the fire— tections and eons of solitude, all for less than vate crime as well as the abuse of liberty. The and they remain in need. a couple pennies at the pump more than two major provision of the Identity Theft Prevention They come from every single state in the decades from now. Act halts the practice of using the Social Se- Union and nearly every Congressional District. Instead of looking for the last drops of oil on curity number as an identifier by requiring the The health of these men and women is truly Earth, we should be harnessing the wind and Social Security Administration to issue all a national duty. With this bill, we can fulfill that the sun to power our economy and create Americans new Social Security numbers within duty. new, safe American jobs. 5 years after the enactment of the bill. These It establishes the World Trade Center And unlike an oil well, you don’t need a new numbers will be the sole legal property of Health Program to monitor and treat respond- blowout preventer on a solar panel. There’s no the recipient, and the Social Security Adminis- ers whose injuries were caused by exposure such thing as a ‘‘tragic wind spill.’’ tration shall be forbidden to divulge the num- to airborne toxins or any other adverse condi- When we look upon the Refuge decades bers for any purposes not related to Social tion resulting from the attacks, and ensures from now, will we see a monument to Amer- Security Administration. Social Security num- that there is a network of health care providers ica’s commitment to our natural heritage, or bers issued before implementation of this bill around the country to care for anyone enrolled will we see the abandoned wells and spilled shall no longer be considered valid federal in the program. The bill also sets up the World oil as a monument to our insatiable thirst for identifiers. Of course, the Social Security Ad- Trade Center Survivor Program to provide oil? Will the Refuge remain a monument to ministration shall be able to use an individual’s screenings, treatment and follow-up monitoring America’s wisdom or will our children and original Social Security number to ensure effi- to survivors and those living in the surrounding grandchildren only be able to see polar bears, cient administration of the Social Security sys- areas. tem. No one asked these men and women to go caribou and other iconic animals carved in stone, monuments to our lack of foresight and Mr. Speaker, Congress has a moral respon- do what they did. They shouldn’t have to ask sibility to address this problem because it was us for quality health care. I strongly urge my innovation? Now is the time to create a refuge for the Congress that transformed the Social Security colleagues to vote yes. American people from hundreds of billions of number into a national identifier. Thanks to f dollars we spend every year on foreign oil. Congress, today no American can get a job, THE UDALL-EISENHOWER ARCTIC Now is the time to create a refuge from the open a bank account, get a professional li- WILDERNESS ACT fossil fuel policies that have devastated the cense, or even get a driver’s license without economy of the Gulf. Now is the time to pro- presenting his Social Security number. So HON. EDWARD J. MARKEY tect the Arctic Refuge. widespread has the use of the Social Security number become that a member of my staff OF MASSACHUSETTS f had to produce a Social Security number in IN THE HOUSE OF REPRESENTATIVES STATEMENT ON SENATOR order to get a fishing license! Wednesday, January 5, 2011 BARBARA MIKULSKI One of the most disturbing abuses of the Mr. MARKEY. Mr. Speaker, 50 years ago, Social Security number is the congressionally on December 6, 1960, President Dwight D. Ei- HON. STENY H. HOYER authorized rule forcing parents to get a Social senhower set aside the core of the Arctic Na- OF MARYLAND Security number for their newborn children in tional Wildlife Refuge in Alaska. In so doing, IN THE HOUSE OF REPRESENTATIVES order to claim the children as dependents. President Eisenhower began the bipartisan Forcing parents to register their children with legacy of protecting this majestic national Wednesday, January 5, 2011 the state is more like something out of the treasure. 20 years later, in 1980, Representa- Mr. HOYER. Mr. Speaker, today, Senator nightmares of George Orwell than the dreams tive Mo Udall succeeded in doubling the size BARBARA MIKULSKI, my colleague from the of a free republic that inspired this Nation’s of the Refuge. State of Maryland, becomes the longest-serv- founders. Now it is time that we finish the job these ing woman Senator in American history. It’s a Congressionally mandated use of the Social great Americans began 50 years ago. Now it fitting milestone for a public servant who has Security number as an identifier facilitates the is time to permanently protect the Coastal been a trailblazer for her entire career. From horrendous crime of identity theft. Thanks to Plain. The Congress needs to pass legislation her beginnings as a social worker and com- Congress, an unscrupulous person may sim- designating it as wilderness. munity activist, Senator MIKULSKI’s career has ply obtain someone’s Social Security number

VerDate Mar 15 2010 06:09 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A05JA8.010 E05JAPT1 jbell on DSKDVH8Z91PROD with REMARKS E6 CONGRESSIONAL RECORD — Extensions of Remarks January 5, 2011 in order to access that person’s bank ac- Amendment and the wishes of individual pa- which I am introducing today, adds approxi- counts, credit cards, and other financial as- tients! Obviously, ‘‘privacy protection’’ laws mately 17,700 acres of forest lands to the sets. Many Americans have lost their life sav- have proven greatly inadequate to protect per- Cucamonga and Sheep Mountain Wilderness ings and had their credit destroyed as a result sonal information when the government is the Areas. With their close proximity to dozens of of identity theft. Yet the Federal Government one seeking the information. communities, the Angeles and San Bernardino continues to encourage such crimes by man- Any action short of repealing laws author- National Forests provide residents with an op- dating use of the Social Security number as a izing privacy violations is insufficient primarily portunity to easily enjoy the public lands in uniform ID! because the federal government lacks con- their own backyard. It is my hope that this leg- The Identity Theft Prevention Act also pre- stitutional authority to force citizens to adopt a islation will protect this area for the benefit of vents the Federal Government from estab- universal identifier for health care, employ- future generations. lishing any form of national ID. In 2005, Con- ment, or any other reason. Any federal action Throughout this entire process, my number gress attempted to turn state driver’s licensing that oversteps constitutional limitations violates one focus has been to protect our firefighters into a national ID; however, resistance to this liberty because it ratifies the principle that the and other first responders who are responsible unconstitutional and costly mandate on the federal government, not the Constitution, is for keeping lives, homes and communities states has been so intense that today, for all the ultimate judge of its own jurisdiction over safe from approaching fires. I have worked intents and purposes, the Real ID mandate the people. The only effective protection of the closely with the Los Angeles and the San has been nullified. The Identity Theft Preven- rights of citizens is for Congress to follow Bernardino County fire departments and have tion Act simply puts the nail in the coffin of the Thomas Jefferson’s advice and ‘‘bind (the fed- incorporated their suggestions on how we can Real ID and similar schemes, thus protecting eral government) down with the chains of the make their job easier and safer. I am pleased Americans from having their liberty, property, Constitution.’’ that this legislation has the support of both the and privacy violated by private and public sec- Mr. Speaker, those members who are not Los Angeles County and the San Bernardino tor criminals. persuaded by the moral and constitutional rea- County fire departments as well as the support Some members of Congress will claim that sons for embracing the Identity Theft Preven- of local fire chiefs. I will continue to work with the federal government needs the power to tion Act should consider the American peo- our fire departments to ensure they have the monitor Americans in order to allow the gov- ple’s opposition to national identifiers. The nu- resources needed to do their job as safely and ernment to operate more efficiently. I would merous complaints over the ever-growing uses effectively as possible. remind my colleagues that, in a constitutional of the Social Security number show that Amer- This legislation also calls on the Forest republic, the people are never asked to sac- icans want Congress to stop invading their pri- Service to reduce the severe maintenance rifice their liberties to make the jobs of govern- vacy. Furthermore, according to a survey by backlog that exists in both the Angeles and ment officials easier. We are here to protect the Gallup company, 91 percent of the Amer- San Bernardino National Forests and to re- the freedom of the American people, not to ican people oppose forcing Americans to ob- store valuable recreational opportunities that make privacy invasion more efficient. tain a universal health ID. were lost in the devastating 2009 Station Fire. Mr. Speaker, while I do not question the sin- In conclusion, Mr. Speaker, I once again call Numerous facilities and trail markers were cerity of those members who suggest that on my colleagues to join me in putting an end damaged during this fire and my legislation Congress can ensure that citizens’ rights are to the federal government’s unconstitutional calls on the Forest Service to restore the facili- protected through legislation restricting access use of national identifiers to monitor the ac- ties impacted in the Station Fire. This will to personal information, the only effective pri- tions of private citizens. National identifiers allow individuals and families to enjoy our pub- vacy protection is to forbid the federal govern- threaten all Americans by exposing them to lic lands for many years to come. ment from mandating national identifiers. Leg- the threat of identity theft by private criminals I also want to take this opportunity to note islative ‘‘privacy protections’’ are inadequate to and abuse of their liberties by public criminals, that this legislation will not impact any existing protect the liberty of Americans for a couple of while diverting valuable law enforcement re- private property or water rights in this area. reasons. sources away from addressing real threats to Multiple recreational uses, including horseback First, it is simply common sense that repeal- public safety. In addition, national identifiers riding as well as hiking currently occur in ing those federal laws that promote identity are incompatible with a limited, constitutional these National Forests and these activities theft is more effective in protecting the public government. I, therefore, hope my colleagues must be allowed to continue. than expanding the power of the federal police will join my efforts to protect the freedom of As this legislation works its way through the force. Federal punishment of identity thieves their constituents by supporting the Identity legislative process, I will keep working with all provides cold comfort to those who have suf- Theft Prevention Act. of the interested parties to ensure that our first fered financial losses and the destruction of f responders can safely and securely protect their good reputations as a result of identity our communities from forest fires while also theft. THE ANGELES AND SAN preserving recreational opportunities for every- Federal laws are not only ineffective in stop- BERNARDINO NATIONAL FOR- one. ESTS PROTECTION ACT ping private criminals, but these laws have not f even stopped unscrupulous government offi- cials from accessing personal information. HON. DAVID DREIER HONORING INLAND HOSPITAL After all, laws purporting to restrict the use of OF CALIFORNIA personal information did not stop the well-pub- IN THE HOUSE OF REPRESENTATIVES HON. MICHAEL H. MICHAUD licized violations of privacy by IRS officials or Wednesday, January 5, 2011 OF MAINE the FBI abuses of the Clinton and Nixon ad- IN THE HOUSE OF REPRESENTATIVES ministrations. Mr. DREIER. Mr. Speaker, I have the honor In one of the most infamous cases of iden- of representing the Foothill communities at the Wednesday, January 5, 2011 tity theft, thousands of active-duty soldiers and base of the San Gabriel Mountains. Included Mr. MICHAUD. Mr. Speaker, I rise today to veterans had their personal information stolen, in my district are the Angeles and the San recognize the accomplishments of Inland Hos- putting them at risk of identity theft. Imagine Bernardino National Forests. These National pital in Waterville, Maine. the dangers if thieves are able to obtain the Forests are two of the most widely visited for- Inland Hospital is a 48-bed, not-for-profit, universal identifier, and other personal infor- ests in the Nation. In addition, they provide community hospital that was founded in 1943 mation, of millions of Americans simply by over 30 percent of the drinking water for Los by a group of osteopathic physicians with a vi- breaking, or hacking, into one government fa- Angeles County alone. Unfortunately, this area sion of providing compassionate care that fo- cility or one government database? is also prone to devastating wildfires. Ensuring cused on the whole patient, not just the dis- Second, the federal government has been the public safety of our first responders and ease. Today, that patient-centered approach is creating proprietary interests in private infor- residents remains a top priority of mine. That alive and well at Inland, where staff provide mation for certain state-favored special inter- is why I have been working for over a year the kind of care we all want for our own fami- ests. Perhaps the most outrageous example of with multiple parties on a proposal to assist lies. Patients are treated with respect and dig- phony privacy protection is the ‘‘medical pri- our firefighters and preserve recreational ac- nity and benefit from an open communication vacy’’ regulation, that allows medical research- tivities in the region. process that delivers an extraordinary experi- ers, certain business interests, and law en- It is also vital that we continue to care for ence and the best possible medical outcome. forcement officials access to health care infor- our natural resources. The Angeles and San Inland Hospital has been recently recog- mation, in complete disregard of the Fifth Bernardino National Forests Protection Act, nized as one of the nation’s top rural hospitals

VerDate Mar 15 2010 06:09 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A05JA8.013 E05JAPT1 jbell on DSKDVH8Z91PROD with REMARKS January 5, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E7 by the Washington, DC based Leapfrog file, because of the need to secure Milliken’s demands by repeatedly passing legislation lib- Group. The Leapfrog Survey, which launched support. eralizing the rules governing the importation of in 2001, focuses on four critical areas of pa- He invested in the educational life of this pharmaceuticals. However, implementation of community. Wofford and Converse colleges this provision has been blocked by the federal tient safety: the use of computer physician would not be the institutions they are today order entry to prevent medication errors, without his generous support. He helped bureaucracy. It is time Congress stood up for standards for doing high-risk procedures, pro- found Spartanburg Day School. the American consumer and removed all un- tocols and policies to reduce medical errors Milliken recognized that this region would necessary regulations on importing pharma- and other safe practices recommended by the need first-class air transportation to com- ceuticals. National Quality Forum and adequate nurse pete with other areas and attract industry. The Prescription Drug Affordability Act also and physician staffing. In addition, hospitals He helped establish Greenville-Spartanburg protects consumers’ access to affordable med- are measured on their progress in preventing International Airport, and the airport com- icine by forbidding the federal government mission, for the first time in its more than infections and other hospital-acquired condi- from regulating any Internet sales of FDA-ap- 50-year history, now has to look for a new proved pharmaceuticals by State-licensed tions and adopting policies on the handling of chairman. It would be appropriate for the serious medical errors, among other things. airport to be renamed in Milliken’s honor. pharmacists. Inland Hospital has displayed a tremendous He also left his mark on Spartanburg in a As I am sure my colleagues are aware, the commitment to providing the best quality very visible way. He was passionate about Internet makes pharmaceuticals and other health care for their patients. I am proud to trees, creating arboretums at his research products more affordable and accessible for congratulate the employees, providers, board center and on the Wofford campus. His Noble millions of Americans. However, the federal members and volunteers for their dedication to Tree Foundation has helped to improve the government has threatened to destroy this op- environment in many cities. tion by imposing unnecessary and unconstitu- providing the best care to our rural commu- One of Spartanburg’s most popular parks is nities. Their skills, compassion and dedication tional regulations on Web sites that sell phar- not a public park at all. It is the grounds of maceuticals. Any federal regulations would in- make this hospital a well-deserved award re- the Milliken Research Center, a beautiful cipient. landscape planted with a multitude of di- evitably drive up prices of pharmaceuticals, Mr. Speaker, please join me in recognizing verse trees. It has been open to the public so thus depriving many consumers of access to Inland Hospital for their devotion to ensuring that generations of Spartanburg families affordable prescription medications. that patients and families receive the best pos- have been able to enjoy feeding ducks at the In conclusion, Mr. Speaker, I urge my col- sible health care. pond or walking the sunny grounds. leagues to make pharmaceuticals more afford- Many wealthy businessmen focus on build- able and accessible by removing barriers to f ing their companies, their wealth and their the importation of pharmaceuticals and pro- A TRIBUTE TO ROGER MILLIKEN power. Milliken was accomplished in these tecting legitimate Internet pharmacies from areas, but he also focused on building this community and region. needless regulation by cosponsoring the Pre- HON. JOE WILSON His legacy includes the education and scription Drug Affordability Act. OF SOUTH CAROLINA transportation systems we rely on today, an f economic climate that enabled Spartanburg IN THE HOUSE OF REPRESENTATIVES to weather the loss of the textile industry MARDEE XIFARAS: SOUTHCOAST Wednesday, January 5, 2011 and even much of the beauty of this commu- WOMAN OF THE YEAR Mr. WILSON of South Carolina. Mr. Speak- nity. Milliken left instructions that his epitaph er, South Carolina has lost a titan of industry HON. BARNEY FRANK would read simply, ‘‘Builder.’’ It is accurate. OF MASSACHUSETTS and a visionary to establish the modern Re- More than anyone else in the previous cen- IN THE HOUSE OF REPRESENTATIVES publican Party with the loss of Roger Milliken tury, Roger Milliken built Spartanburg. Wednesday, January 5, 2011 of Spartanburg. f On this historic day of swearing-in the larg- Mr. FRANK of Massachusetts. Mr. Speaker, est number of Republican Congressmen from INTRODUCING THE PRESCRIPTION the New Bedford Standard Times, an excellent South Carolina is more than 130 years, it is fit- DRUG AFFORDABILITY ACT newspaper, regularly recognizes leaders of the ting to recognize the benefactor of establishing community that it serves by designating a the two-party system in our state with an edi- HON. RON PAUL SouthCoast Woman of the Year and a torial from The Spartanburg Herald-Journal OF TEXAS SouthCoast Man of the Year. This year’s published December 31, 2010. IN THE HOUSE OF REPRESENTATIVES SouthCoast Woman of the Year is an extraor- ROGER MILLIKEN LEFT HIS IMPRINT ON MOST Wednesday, January 5, 2011 dinary person, who is a leader in so many ASPECTS OF LIFE IN THE UPSTATE fields of endeavor that I think the Standard ENDURING LEGACY Mr. PAUL. Mr. Speaker, I rise to introduce Times must have been tempted to call her No one in the 20th century had the impact the Prescription Drug Affordability Act. This ‘‘Women of the Year.’’ on Spartanburg that Roger Milliken did. legislation ensures that millions of Americans, MarDee Xifaras is an able attorney, who The businessman, philanthropist, political including seniors, have access to affordable has been a leader politically, economically, mover and conservationist, who died Thurs- pharmaceutical products. My act removes educationally, and in civic affairs in general. day, affected most aspects of life in the Up- needless government barriers to importing Most recently she has been a spearhead in state. pharmaceuticals and it protects Internet phar- Spartanburg has the business climate it getting the State of Massachusetts to take enjoys today because of Milliken. He saw the macies, which are making affordable prescrip- over the Southern New England Law School, potential in this area and brought his cor- tion drugs available to millions of Americans, creating for the first time in Massachusetts a porate headquarters and his research center from being strangled by federal regulation. state university law school, to the great benefit here. Milliken’s presence and leadership led The Prescription Drug Affordability Act of the population of that area, and I believe to to the tremendous investment that European brings competition to the market for pharma- the practice of law in Massachusetts, by pro- textile equipment manufacturers made in ceutical products by allowing anyone wishing viding a source of socially-conscious grad- Spartanburg, and that international pres- to import a drug to simply submit an applica- uates for years to come. ence helped bring BMW here. tion to the FDA, which then must approve the MarDee Xifaras is an extraordinary force for Milliken doggedly fought to protect the nation’s textile industry and American jobs drug unless the FDA finds the drug is either a wide range of good causes, and I am de- from foreign competition. At the same time, not approved for use in the U.S. or is adulter- lighted that she has been recognized by the he rebalanced his own business to adjust to ated or misbranded. This process will make New Bedford Standard Times, but not sur- world markets, finding new areas in which to safe and affordable imported medicines afford- prised. I’ve had the benefit of her advice, compete. His foresight included knowing able to millions of Americans. Mr. Speaker, counsel and friendship, as did my late and when to step down from the leadership of his letting the free market work is the best means much-missed predecessor, Gary Studds, company and paving the way for it to con- of lowering the cost of prescription drugs. whose work in this body benefitted enor- tinue without him. I need not remind my colleagues that many mously from her input, as has mine. Milliken was a political leader, supporting candidates in local, state and national poli- Americans impacted by the high costs of pre- Mr. Speaker, as an example of what citizen- tics. Long before South Carolina enjoyed its scription medicine have demanded Congress ship is at its best, at a time when we very early spot in the presidential primary sea- reduce the barriers which prevent American much need that, I ask that the New Bedford son, national candidates came to consumers from purchasing imported pharma- Standard Times article about Woman of the Spartanburg, raising the community’s pro- ceuticals. Congress has responded to these Year MarDee Xifaras be printed here.

VerDate Mar 15 2010 06:09 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A05JA8.015 E05JAPT1 jbell on DSKDVH8Z91PROD with REMARKS E8 CONGRESSIONAL RECORD — Extensions of Remarks January 5, 2011 [From SouthCoastToday.com, Jan. 2, 2011] And they convinced them that the most Xifaras said the SNESL board had been in- MARDEE XIFARAS: SOUTHCOAST WOMAN OF cost-effective way to do it was by accepting spired by the establishment of the state med- THE YEAR SNESL’s existing Dartmouth campus as a ical school in Worcester 40 years ago, also for donation. students of limited means. And in 2009, the (By Jack Spillane) ‘‘If there’s anything we were over the time was ripe for making an argument that A bogus study pretending to be an inde- years, it was determined,’’ said Xifaras. Massachusetts needed an affordable, public pendent report. Last-minute telephone calls THE STUDENT FACTOR law school, a school that, like UMass Med- from an incumbent governor twisting arms. Xifaras and the UMass and SNESL boards ical, would train lawyers to dedicate at least The smearing of a small law school’s rep- had one more huge asset: the SNESL stu- part of their careers to public service. utation by people on the boards of competing dents themselves —the primarily working- Already, the new public law school has larger schools. and middle-class students who had risen up awarded 35 scholarships for that purpose. And ultimately, the slurring of an entire 25-odd years ago, and with the help of inter- ‘‘It was up to MarDee to rethink the ra- region of the state as not having enough of a ested area lawyers, created a fledgling law tionale of going forward,’’ Ward said. talent pool to merit a public law school. school out of little more than their own ‘‘There has to be someone to find the right Margaret ‘‘MarDee’’ Xifaras dealt with imaginations and desire. note. And that, again—because of her polit- every conceivable insult and underhanded After being victimized by the 2005 stealth ical savvy—that’s what happened,’’ he said. political tactic when it came to the unsuc- political campaign, the SNESL Student Bar UMass Dartmouth Chancellor Jean cessful 2004–2005 fight to merge the Southern Association hired one of the school’s most MacCormack said that while it was clear New England School of Law with the Univer- successful graduates, Lee Blais, and sued that SNESL’s $23.5 million campus and expe- sity of Massachusetts Dartmouth. But she Suffolk University, along with a onetime of- rienced law-school faculty offered an oppor- did not get down into the gutter with her op- ficial of the Romney administration. tunity to the university, the university ponents. They sued for nothing less than public cor- brought to SNESL the size and the resources Instead, Xifaras, the then-chairman of the ruption. necessary to win accreditation. SNESL board of trustees, went hack to work They charged that Suffolk and a former But Xifaras’ charisma and political skills, running the small, private Dartmouth law Romney official turned lobbyist, Charles MacCormack said, allowed the vision to hap- school in the same determined way that it Chieppo, had colluded to try to keep the pro- pen. ‘‘She’s incredibly optimistic in the face had operated for more than two decades. posed UMass law school from competing with of huge obstacles,’’ she said. She also went to work leading the effort to a lower-priced public school. And the dividends of the state law school meticulously document the legal and finan- And though the case was never settled, the being located in Southeastern Massachusetts cial case that would make a 2009–2010 effort Board of Higher Education as much as ad- will be even more apparent in the future, to absorb the school into UMass Dartmouth mitted wrongdoing in the merger application MacCormack predicted. unassailable. process. It agreed to write a ‘‘letter of under- ‘‘This is going to be a legacy activity,’’ she MarDee Xifaras’ leadership achieved what standing’’ pledging the state to a fair, rig- said. ‘‘You’re going to see more people com- very few SouthCoast political or public offi- orous and documentable process when, and if ing to the South Coast. Already, of these stu- cials of any kind have done over the last half SNESL and UMass ever tried to unite again. dents, 50 percent of them come from out of century. She went up against the state’s Bos- ‘‘They succeeded because of the basic un- state.’’ ton-centric power establishment and won. fairness, and violation of due process that A PERSONAL BATTLE And she won hands down. occurred,’’ Xifaras said. For her efforts coordinating the campaign And because of the tenacity of the students Winning the battle to establish a state law to establish a state law school in Massachu- and their lawyer. school was impressive under any cir- setts, a school that has now been located in ‘‘We didn’t allow ourselves to get out-liti- cumstances, but few knew that Xifaras won Southeastern Massachusetts, Margaret D. gated,’’ Xifaras said. it while beating back a flare-up of the breast Xifaras is the 2010 Standard-Times ‘‘Lee Blais, at every turn was doing deposi- cancer she first defeated some 14 years ago. SouthCoast Woman of the Year. tions, fighting back motions to dismiss, Xifaras, 65, is amazingly matter-of-fact Nominations for the award came from the fighting back motions for dismissal for lack about her life-or-death battles. community and members of the newspaper of standing.’’ Although she admits to some personal, pri- staff. Recipients were selected by a news- Blais may have been taking the deposi- vate moments of emotion, in the end, she room committee. tions, but it was Xifaras, according to Blais, said she simply didn’t want to waste time or who was the general planning the battle. energy feeling sorry for herself. LEARNING LESSONS ‘‘She’s someone who can plot out a strat- She just did what needed to be done with ‘‘Out of the ’04, ’05 negativity and bad expe- egy and implement a strategy,’’ he said. the cancer—on the first round she had chem- rience, came some lessons,’’ Xifaras remem- ‘‘She’s one of the most effective leaders I’ve otherapy, radiation therapy and a stem-cell bered of that first law school fight. ever met.’’ transplant—and last year, she bad two more The impulse of some might have been to Blais also credited Xifaras with having the nodes removed. sue the private law schools—Suffolk Univer- necessary political skills and vision. Xifaras maintains a busy work schedule sity and New England School of Law—that She understood the politics of the state of that’s complemented not just by her effort coordinated the effort to prevent UMass Massachusetts—who could help and who to establish the law school, but by her long- from competing with them. couldn’t, what would work and what time work as a sought-after political opera- Instead, Xifaras waited for an opportune wouldn’t, he said. tive for the Democratic Party. time when the numbers worked for the es- Further, she understood the great ration- She has played key campaign management tablishment of a state law school. And then ale for a public law school itself in Massa- roles in the presidential efforts of everyone she coordinated with SNESL Dean Robert chusetts—a school that could focus on the from Ted Kennedy to John Kerry to Barack Ward and UMass Dartmouth Chancellor Jean need for lawyers to devote some segment of Obama, not to mention local political efforts MacCormack to devise a new financing plan their careers to public service. like the congressional campaigns of Paul and under which the state law school would be a ‘‘Her skills, not only in the area of politics, Niki Tsongas. self-sustaining arm of the university, need- but in the area of public policy, are just in- On top of all that, Xifaras works in a busy ing no assistance from the government. credible,’’ Blais said. law practice (she’s one of Mayor Scott Both savvy and practical, Xifaras hired THE POLITICAL MAVEN Lang’s law partners), and fills in as grandma O’Neil & Associates, the state’s best-wired Robert Ward, the longtime dean of SNESL, for her daughter Amy, a law school student P.R. firm to help her navigate the state’s no- said Xifaras recommended a key change in with a four-month old. toriously provincial political waters. She approach for the second application. By the way, that’s a throwback to Xifaras’ also kept an eye on her own governing board, It would be all about UMass and the need own career when back in the mid-1970s she re-documenting for them once again the case for a public law school, and not about ad- used to put in 10–plus hour days traveling as to why SNESL donating $23.5 million dressing SNESL’s need for American Bar As- back and forth to Boston University law worth of its own assets to the state made sociation accreditation (a process that usu- school, while she had two children still in sense for the school’s development in the ally demands the resources of a larger diapers and one who was in pre-school. long run. school.) ‘‘That subtle twist is the kind of ‘‘I think back on it—if this alternative (a Xifaras’ skill in coalition-building ulti- thing that really good lawyers do,’’ said local law school) had been available to me at mately helped UMass and SNESL build an Ward. ‘‘You look into the dominant nar- that time, clearly I would have gone,’’ she iron-clad case that convinced Secretary of rative and, you sort of find a way to tell your said. Education Paul Reville, Commissioner of story in a way that resonates.’’ Xifaras said she didn’t need to attend a Higher Education Richard Freeland, and fi- At the time of the second merger applica- big-name school for the public-service career nally Gov. Deval Patrick himself that a tion, the nation was consumed by a large de- she had in mind. She needed a school like UMass law school was the right thing to do. bate over health insurance, Xifaras noted, UMass Law. In effect, they convinced the powers-that- and whether there should be ‘‘a public op- ‘‘My orientation was always more of a be to give access to legal education to tion’’ for health insurance. In the same way, community-based orientation. Doing regular middle- and working-class students pre- she decided, UMass would argue for a public work for regular folks in a terrific, down-to- viously disenfranchised in Massachusetts. option for an affordable legal education. earth setting,’’ she said.

VerDate Mar 15 2010 06:09 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A05JA8.018 E05JAPT1 jbell on DSKDVH8Z91PROD with REMARKS January 5, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E9 BELOVED BY HER PEOPLE ert has earned the rank of Assistant Patrol of us made to reduce the deficit and control If you ask the people who’ve worked close- Leader. Robert has also contributed to his the debt by refusing to pay for tax cuts for the ly with MarDee Xifaras how she pulled off community through his Eagle Scout project. wealthiest of Americans and forces future gen- leading the charge for the state law school, Robert aided the City of Kearney, Missouri by erations to foot the bill. Over the cliff like a or any of her other impressive life accom- repainting many of the town’s fire hydrants. lemming; but I suppose there is nothing like a plishments, they’ll tell you she just has this remarkable ability to ‘‘connect’’ with peo- Mr. Speaker, I proudly ask you to join me in little lemming to go with tea. ple. commending Robert Joseph Pence for his ac- Instead of transparency, this set of rules By the way, Xifaras has also been a Peace complishments with the Boy Scouts of Amer- confers ‘‘King for a Day’’ status to one Mem- Corps volunteer in Africa; a fellow at the ica and for his efforts put forth in achieving the ber of the House of Representatives—allowing Fletcher School of Diplomacy at Tufts; an highest distinction of Eagle Scout. him to set the entire budget for the federal MBA from UMass Dartmouth; a grassroots f government without any public input. political organizer and one of the moving The last time this country allowed that was forces behind Gerry Studds’ first anti-war HONORING A REMARKABLE PUB- never. Only before we were a country did a campaign for Congress. LIC SERVANT, THE HONORABLE king set our budget. And now Republicans are Xifaras is startlingly, and charmingly, TOM VANDERGRIFF straightforward. She seems to understand set to give this authority again to one person, that human beings are not perfect entities, the Chairman of the House Budget Com- and she has the ability to meet them where HON. MICHAEL C. BURGESS mittee, a person I admire as a Member of they live and inspire them to be better. OF TEXAS Congress—as a King, not so much. ‘‘It is the privilege of a lifetime to work IN THE HOUSE OF REPRESENTATIVES And, in the next few days, the new House with her,’’ Ward said; ‘‘The quality of my life majority wants to repeal help for seniors on Wednesday, January 5, 2011 improved dramatically when I met her.’’ prescription drugs and take away consumer Jay Lynch, Xifaras’ vice chairman on the Mr. BURGESS. Mr. Speaker, I rise today to SNESL board, said that often it was only protections from families battling insurance Xifaras’ personal connections that kept the remember a remarkable public servant, the problems. This effort will add $143 billion to public law school dream alive. Honorable Tom Vandergriff. Judge Vandergriff the deficit over the next ten years. ‘‘She never gave up on it,’’ he said. began his 55 year long public service career This is all happening while we should be fo- Xifaras succeeds, Lynch said, because she as the youngest elected mayor of Arlington, cusing on the economic recovery that is un- reaches people. She never badmouths folks, Texas. There he made great strides to bring derway thanks to the tough decisions that the even opponents—either in public or in pri- economic opportunity and expansion to the last Congress made. We need to redirect our vate—he noted. area with the luring of a General Motors plant, ‘‘I think it was her unique ability to con- focus to the economy and stop exploding the nect with everyone involved,’’ he said. Six Flags theme park, and by bringing the deficits and debt. Perhaps the most impressive endorsement Texas Rangers to the city. f comes from Michelle Keith, a 2009 graduate These developments were no small task as of SNESL, and one of the mid-life law stu- it took thirteen years to bring Major League INTRODUCING THE SOCIAL SECU- dents for whom Xifaras seems to have fash- Baseball to North Texas and the positive ef- RITY FOR AMERICAN CITIZENS ioned the public law school. fects can be felt through the vitality of Arling- ONLY ACT Keith met Xifaras at a Women’s Bar Asso- ton as well as the Dallas-Ft. Worth Metroplex ciation event, one of the many ongoing com- to this day. munity events that Xifaras has made sure HON. RON PAUL take place at SNESL over the years. Six years later, he went on to become the OF TEXAS Keith, a homemaker who had home- first Congressman of the 26th district of Texas IN THE HOUSE OF REPRESENTATIVES in 1983. Although he only served one term, he schooled her two children; said she went to Wednesday, January 5, 2011 SNESL because she loves both Greater New played a fundamental role in establishing the Bedford and the school’s public service ethic. office and representing the district. Mr. PAUL. Mr. Speaker, today I introduce She passed the bar on her first try. For more than 25 years, Vandergriff served the Social Security for American Citizens Only She compares MarDee Xifaras to George as County Judge of Tarrant County which in- Act. This act forbids the Federal Government Bailey in the Christmas film classic ‘‘It’s a from providing Social Security benefits to non- Wonderful Life,’’ And she calls SNESL the cludes more than 1.7 million residents and is ‘‘Savings and Loan’’ bank that, in the classic one of the most populous in the United States. citizens. It also ends the practice of total- movie, granted mortgages to low-income and He retired from his role in 2007. ization. Totalization is where the Social Secu- middle-class people. It is my great honor to recognize Judge Tom rity Administration takes into account the num- Xifaras, Keith said, really looks out for the Vandergriff for his dedication, innovation, and ber of years an individual worked abroad, and school’s students and advocates with them insight that he has contributed to the North thus was not paying payroll taxes, in deter- for public service to the community. Texas region. I will always remember those mining that individual’s eligibility for Social Se- ‘‘There’s a lot of successful people out exciting radio broadcasts when Judge Vander- curity benefits. there, but they go about it without any sense Hard as it may be to believe, the United of honor,’’ she said. griff was ‘‘the voice of the Texas Rangers’’ in MarDee ‘‘has an inherent sense of honor the 1970s. My thoughts and prayers are with States Government already provides Social and that’s rare.’’ his family and friends. He was a great public Security benefits to citizens of 17 other coun- f servant, and all North Texans are thankful for tries. Under current law, citizens of those his servitude. countries covered by these agreements may HONORING ROBERT JOSEPH PENCE f have an easier time getting Social Security benefits than public school teachers or police- HON. SAM GRAVES CREATING JOBS, NOT EXPLODING men. THE DEFICIT OF MISSOURI Obviously, this program provides a threat to IN THE HOUSE OF REPRESENTATIVES the already fragile Social Security system, and the threat is looming larger. The prior adminis- Wednesday, January 5, 2011 HON. RICK LARSEN OF WASHINGTON tration actually proposed a totalization agree- Mr. GRAVES of Missouri. Mr. Speaker, I IN THE HOUSE OF REPRESENTATIVES ment that would have allowed thousands of proudly pause to recognize Robert Joseph foreigners to qualify for U.S. Social Security Pence. Robert is a very special young man Wednesday, January 5, 2011 benefits even though they came to, and who has exemplified the finest qualities of citi- Mr. LARSEN of Washington. Mr. Speaker, worked in, the United States illegally. Adding zenship and leadership by taking an active day one of the 112th Congress and House insult to injury, this proposal could have al- part in the Boy Scouts of America, Troop 397, Republicans are already violating their cam- lowed the Federal Government to give Social and earning the most prestigious award of paign promises and the needs of the Amer- Security benefits to non-citizens who worked Eagle Scout. ican people. The set of rules they introduced here for as little as 18 months. Estimates of Robert has been very active with his troop, today will explode our debt and deficit, kill our what this totalization proposal would cost top participating in many scout activities. Over the economic recovery and make the House of $1 billion per year. many years Robert has been involved with Representatives less transparent. Despite a major public outcry against ex- scouting, he has not only earned numerous Like a lemming, the set of budget rules con- tending Social Security benefits to those who merit badges, but also the respect of his fam- tained in this package will push us further off entered this country illegally, a version of this ily, peers, and community. Most notably, Rob- the deficit cliff. It breaks the promise so many proposal actually passed the other body in the

VerDate Mar 15 2010 06:09 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A05JA8.020 E05JAPT1 jbell on DSKDVH8Z91PROD with REMARKS E10 CONGRESSIONAL RECORD — Extensions of Remarks January 5, 2011 109th Congress. That the executive branch of Japan, and the United States Government THE FAIR AND SIMPLE TAX ACT would propose, and part of the legislative has settled claims for U.S. citizens and other OF 2011 branch would endorse, using Social Security nationals through various claims programs au- monies to reward those who have willingly and thorized by Congress. HON. DAVID DREIER knowingly violated our own immigration laws is The House of Representatives has contin- OF CALIFORNIA an insult to the millions of Americans who pay ually been supportive of this legislation, pass- IN THE HOUSE OF REPRESENTATIVES ing the bill with bi-partisan support in 110th their entire working lives into the system and Wednesday, January 5, 2011 now face the possibility that there may be and 111th Congresses. The issue continues to nothing left when it is their turn to retire. stall in the Senate despite support from the Mr. DREIER. Mr. Speaker, our top priority is Even if the current Congress rejects all pro- administration and supportive Senators. In the to get our economy going again. Helping fami- posals to allow those who entered the country 111th session of Congress, I worked to add lies keep more of their hard-earned money illegally to receive Social Security benefits, the the text of H.R. 44 to the National Defense and providing businesses with additional re- only way to guarantee a future administration Authorization Act for fiscal year 2010. This sources to invest in their operations will help will not revive this scheme is for Congress to was unsuccessful because of the objections of create jobs and get our economy back on put an end to totalization once and for all. I Senators regarding the precedent that this leg- track. The Fair and Simple Tax (FAST) Act is a therefore call upon my colleagues to stop the islation may establish notwithstanding the find- commonsense plan that will provide certainty use of the Social Security Trust Fund as yet ings of the Guam War Claims Review Com- in the tax code and a boost to the economy. another vehicle for foreign aid by cospon- mission, which found that no new precedent The bill cuts the current 6-bracket tax structure soring the Social Security for American Citi- was being made and that its recommendations were based on similar claims programs for in half and employs three simple rates of 10, zens Only Act. 15, and 30 percent. By reducing marginal f similar circumstances. However, as a com- promise, report language was added to the rates and preserving major deductions, includ- STATEMENT OF SUPPORT FOR final statement of managers which called for ing mortgage interest, charitable, state and H.R. 44, THE GUAM WORLD WAR additional hearings to review Guam War local taxes, the child tax credit and the per- sonal exemption, the FAST Act provides work- II LOYALTY RECOGNITION ACT Claims matter in the 2nd Session of the 111th ing Americans with more money for their Congress. The House Armed Services Com- needs. HON. MADELEINE Z. BORDALLO mittee upheld its commitment and held a hear- The FAST Act also addresses the need to OF GUAM ing on December 2, 2009 to further investigate get our economy moving again by providing IN THE HOUSE OF REPRESENTATIVES the purpose and need for enacting H.R. 44. important investment incentives and creating Wednesday, January 5, 2011 Last year, I worked again to include com- new opportunities for workers and job creators promise language for H.R. 44 in National De- alike. As American businesses continue to Ms. BORDALLO. Mr. Speaker, today I have fense Authorization Act for fiscal year 2011. introduced H.R. 44, the Guam World War II participate in the global economy, the FAST Given the time constraints for floor time at the Act makes domestic employers more competi- Loyalty Recognition Act, a bill that would im- end of the session, the Guam War Claims pro- plement the findings of the Guam War Claims tive by reducing the corporate tax rate from vision had to be removed by the Senate in the highest in the world to a more competitive Review Commission. Since being elected to order for the final defense authorization bill to the House of Representatives 8 years ago, I rate. In order to encourage innovation and pass by unanimous consent in the Senate. boost entrepreneurship, the FAST Act pro- have introduced a version of this legislation in However, during negotiations on the de- vides a permanent extension of the Research each Congress. Last Congress, this bill titled fense authorization bill for fiscal year 2011 and Development Tax Credit. In addition, H.R. 44 passed the House on four separate there was agreement that payment of claims under the FAST Act, the tax code rewards, not occasions, once as standalone legislation and to descendants of survivors of the Japanese penalizes, success by reducing the individual three times as part of the annual National De- occupation who suffered personal injury capital gains tax rate from 15 percent to 10 fense Authorization Acts. should be removed from the legislation. I ac- percent and indexing the tax for inflation. This bill would implement the recommenda- cepted this compromise because I felt it was The FAST Act is based on the principle that tions of the Guam War Claims Review Com- important to bring closure to this issue and Americans deserve a tax code that is fair and mission, which was appointed by Secretary of that the objections to this provision by some easy to understand. This year, Americans are the Interior Gale Norton and established by an Senators cannot be overcome at this time. As projected to spend $392 billion preparing their Act of the 107th Congress (Public Law 107– such, the bill I introduce today is compromise taxes. To make this process easier, the FAST 333). The Review Commission, in a unani- language that removes such claims payments Act creates a simple, one-page tax filing form mous report to Congress in June 2004, found and reflects the agreed upon compromise that employs the simplified marginal rate struc- that there were significant disparities in the reached during negotiations on last year’s de- ture. treatment of war claims for the people of fense authorization bill. This bill brings a sense of fairness to the tax Guam as compared with war claims for other Congressional passage of this bill this Con- code by permanently repealing the Death Tax Americans. The Review Commission also gress has a direct impact on the future suc- and indexing the Alternative Minimum Tax found that the occupation of Guam was espe- cess of the military build-up. The need for (AMT) to inflation. In doing so, the FAST Act cially brutal due to the unfailing loyalty of the Guam War Claims was brought about be- ensures that fewer taxpayers will be impacted people of Guam to the United States of Amer- cause of mishandling of war claims imme- by the AMT each year. In addition, the bill per- ica. The people of Guam were subjected to diately following World War II by the Depart- manently extends the 2001 and 2003 tax relief forced labor, forced marches, internment, ment of the Navy. The long-standing inequity measures. beatings, rapes and executions, including pub- with how Guam was treated for war repara- As Americans seek to save money for re- lic beheadings. The Review Commission rec- tions lingers today. If we do not bring this mat- tirement, education and other needs, the ommended that Congress remedy this injus- ter to a close I believe that support for the FAST Act provides incentives to encourage in- tice through the enactment of legislation to au- military build-up will erode and impact the dividuals to save more. The FAST Act creates thorize payment of claims in amounts speci- readiness of our forces and the bilateral rela- three new, tax-free savings accounts: the Re- fied. Specifically, the bill would authorize dis- tionship with Japan. tirement Savings Account, the Lifetime Sav- cretionary spending to pay claims consistent Mr. Speaker, resolving this issue is a matter ings Account, both providing a $5,000 tax-free with the recommendations of the commission. of justice. This carefully crafted compromise contribution, and the Lifetime Skills Savings It is important to note that the Review Com- legislation addresses the concerns of several Account, which provides a $1,000 tax-free mission found that the United States Govern- Senators, and has the approval of both Sen- contribution. Each provides Americans with ment seized Japanese assets during the war ator JOHN MCCAIN and Senator CARL LEVIN. additional ways to save money for their future and that the record shows that settlement of This bill represents a unique opportunity to needs. claims was meant to be paid from these for- right a wrong because many of the survivors Americans should have more control, not feitures. Furthermore, the United States of the occupation are nearing the end of their less, over their health care expenses. That is signed a Treaty of Peace with Japan on Sep- lives. It is important that the Congress act on why the FAST Act creates a $7,500 tax de- tember 8, 1951, which precludes Americans the recommendations of the Guam War duction for individuals and a $15,000 tax de- from making claims against Japan for war rep- Claims Review Commission to finally resolve duction for families who do not have access to arations. The treaty closed any legal mecha- this longstanding injustice for the people of employer-sponsored health coverage. This ex- nism for seeking redress from the Government Guam. panded deduction provides individuals and

VerDate Mar 15 2010 06:09 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A05JA8.021 E05JAPT1 jbell on DSKDVH8Z91PROD with REMARKS January 5, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E11 families with additional assistance to purchase tects the American people from government- the freedom of the American people, not to health care and allows unspent funds to be al- mandated uniform identifiers that facilitate pri- make privacy invasion more efficient. located to a Health Savings Account (HSA). vate crime as well as the abuse of liberty. The Mr. Speaker, while I do not question the sin- Mr. Speaker, the FAST Act reforms the tax major provision of the Identity Theft Prevention cerity of those members who suggest that code to provide permanent tax relief and clar- Act halts the practice of using the Social Se- Congress can ensure that citizens’ rights are ity for American families and businesses, while curity number as an identifier by requiring the protected through legislation restricting access encouraging innovation and entrepreneurship Social Security Administration to issue all to personal information, the only effective pri- vital to our economic recovery. I encourage all Americans new Social Security numbers within vacy protection is to forbid the federal govern- my colleagues to join me in this pro-growth five years after the enactment of the bill. ment from mandating national identifiers. Leg- economic policy. These new numbers will be the sole legal islative ‘‘privacy protections’’ are inadequate to f property of the recipient, and the Social Secu- protect the liberty of Americans for a couple of rity administration shall be forbidden to divulge reasons. HONORING SEBASTICOOK VALLEY the numbers for any purposes not related to First, it is simply common sense that repeal- HOSPITAL Social Security administration. Social Security ing those federal laws that promote identity numbers issued before implementation of this theft is more effective in protecting the public HON. MICHAEL H. MICHAUD bill shall no longer be considered valid federal than expanding the power of the federal police OF MAINE identifiers. Of course, the Social Security Ad- force. Federal punishment of identity thieves IN THE HOUSE OF REPRESENTATIVES ministration shall be able to use an individual’s provides cold comfort to those who have suf- Wednesday, January 5, 2011 original Social Security number to ensure effi- fered financial losses and the destruction of cient administration of the Social Security sys- their good reputations as a result of identity Mr. MICHAUD. Mr. Speaker, I rise today to tem. theft recognize the accomplishments of Mr. Speaker, Congress has a moral respon- Federal laws are not only ineffective in stop- Sebasticook Valley Hospital in Pittsfield, sibility to address this problem because it was ping private criminals, but these laws have not Maine. Congress that transformed the Social Security even stopped unscrupulous government offi- Founded in 1963, the Sebasticook Valley number into a national identifier. Thanks to cials from accessing personal information. Hospital was started by local citizens who Congress, today no American can get a job, After all, laws purporting to restrict the use of were concerned about the health and well- open a bank account, get a professional li- personal information did not stop the well-pub- being of their families, neighbors and employ- cense, or even get a driver’s license without licized violations of privacy by IRS officials or ees of the region. The hospital continues to presenting his Social Security number. So the FBI abuses of the Clinton and Nixon ad- honor that legacy and commitment by being widespread has the use of the Social Security ministrations. accountable at all levels of the organization in number become that a member of my staff In one of the most infamous cases of iden- meeting the changing health care needs of the had to produce a Social Security number in tity theft, thousands of active-duty soldiers and local communities. Sebasticook Valley con- order to get a fishing license! veterans had their personal information stolen, tinues to strive for improvement in services One of the most disturbing abuses of the putting them at risk of identity theft. Imagine and to ensure that their patients receive the Social Security number is the congressionally the dangers if thieves are able to obtain the best possible service for their health care authorized rule forcing parents to get a Social universal identifier, and other personal infor- needs. Security number for their newborn children in mation, of millions of Americans simply by Sebasticook Valley Hospital has been re- order to claim the children as dependents. breaking, or hacking, into one government fa- cently recognized as one of the nation’s top Forcing parents to register their children with cility or one government database? rural hospitals by the Washington, DC-based the state is more like something out of the Leapfrog Group. The Leapfrog Survey, which nightmares of George Orwell than the dreams Second, the federal government has been launched in 2001, focuses on four critical of a free republic that inspired this nation’s creating proprietary interests in private infor- areas of patient safety: the use of computer founders. mation for certain state-favored special inter- physician order entry to prevent medication er- Congressionally mandated use of the Social ests. Perhaps the most outrageous example of rors, standards for doing high-risk procedures, Security number as an identifier facilitates the phony privacy protection is the ‘‘medical pri- protocols and policies to reduce medical errors horrendous crime of identity theft. Thanks to vacy’’ regulation, that allows medical research- and other safe practices recommended by the Congress, an unscrupulous person may sim- ers, certain business interests, and law en- National Quality Forum and adequate nurse ply obtain someone’s Social Security number forcement officials access to health care infor- and physician staffing. In addition, hospitals in order to access that person’s bank ac- mation, in complete disregard of the Fifth are measured on their progress in preventing counts, credit cards, and other financial as- Amendment and the wishes of individual pa- infections and other hospital-acquired condi- sets. Many Americans have lost their life sav- tients! Obviously, ‘‘privacy protection’’ laws tions and adopting policies on the handling of ings and had their credit destroyed as a result have proven greatly inadequate to protect per- serious medical errors, among other things. of identity theft. Yet the federal government sonal information when the government is the Sebasticook Valley Hospital has displayed a continues to encourage such crimes by man- one seeking the information. tremendous commitment to providing the best dating use of the Social Security number as a Any action short of repealing laws author- quality health care for their patients. I am uniform ID! izing privacy violations is insufficient primarily proud to congratulate the employees, pro- The Identity Theft Prevention Act also pre- because the federal government lacks con- viders, board members and volunteers for vents the federal government from estab- stitutional authority to force citizens to adopt a their dedication to providing the best care to lishing any form of national ID. In 2005, Con- universal identifier for health care, employ- our rural communities. Their skills, compas- gress attempted to turn state driver’s licensing ment, or any other reason. Any federal action sion and dedication make this hospital a well- into a national ID, however, resistance to this that oversteps constitutional limitations violates deserved award recipient. unconstitutional and costly mandate on the liberty because it ratifies the principle that the Mr. Speaker, please join me in recognizing states has been so intense that today, for all federal government, not the Constitution, is Sebasticook Valley Hospital for their devotion intents and purposes, the Real ID mandate the ultimate judge of its own jurisdiction over to ensuring that patients and families receive has been nullified. The Identity Theft Preven- the people. The only effective protection of the the best possible health care. tion Act simply puts the nail in the coffin of the rights of citizens is for Congress to follow f Real ID and similar schemes, thus protecting Thomas Jefferson’s advice and ‘‘bind (the fed- Americans from having their liberty, property, eral government) down with the chains of the INTRODUCING THE IDENTITY and privacy violated by private and public sec- Constitution.’’ THEFT PREVENTION ACT tor criminals. Mr. Speaker, those members who are not Some members of Congress will claim that persuaded by the moral and constitutional rea- HON. RON PAUL the federal government needs the power to sons for embracing the Identity Theft Preven- OF TEXAS monitor Americans in order to allow the gov- tion Act should consider the American peo- IN THE HOUSE OF REPRESENTATIVES ernment to operate more efficiently. I would ple’s opposition to national identifiers. The nu- remind my colleagues that, in a constitutional merous complaints over the ever-growing uses Wednesday, January 5, 2011 republic, the people are never asked to sac- of the Social Security number show that Amer- Mr. PAUL. Mr. Speaker, today I introduce rifice their liberties to make the jobs of govern- icans want Congress to stop invading their pri- the Identity Theft Prevention Act. This act pro- ment officials easier. We are here to protect vacy. Furthermore, according to a survey by

VerDate Mar 15 2010 06:09 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A05JA8.023 E05JAPT1 jbell on DSKDVH8Z91PROD with REMARKS E12 CONGRESSIONAL RECORD — Extensions of Remarks January 5, 2011 the Gallup company, 91 percent of the Amer- ment and understanding of slavery and its im- surpassed an astonishing $14 trillion and con- ican people oppose forcing Americans to ob- plications, but our responsibilities on this mat- tinues to rapidly increase, along with the tain a universal health ID. ter are even greater. waste associated with paying the interest on In conclusion, Mr. Speaker, I once again call The establishment a commission to study that debt. on my colleagues to join me in putting an end the institution of slavery in the United States, Our first Secretary of State, Thomas Jeffer- to the federal government’s unconstitutional as well as its consequences that reach into son, warned of the consequences of out-of- use of national identifiers to monitor the ac- modern day society, is our responsibility. This control debt when he wrote: ‘‘To preserve [the] tions of private citizens. National identifiers concept of a commission to address historical independence [of the people,] we must not let threaten all Americans by exposing them to wrongs is not unprecedented. In fact, in recent our rulers load us with perpetual debt. We the threat of identity theft by private criminals Congresses, commission bills have been put must make our election between economy and and abuse of their liberties by public criminals, forward. liberty, or profusion and servitude.’’ Unfortu- while diverting valuable law enforcement re- In 1983, a Presidential Commission deter- nately, it increasingly appears that Congress sources away from addressing real threats to mined that the internment of Japanese Ameri- has chosen the latter path. public safety. In addition, national identifiers cans during World War II was racist and inhu- Our current Secretary of State, Hillary Clin- are incompatible with a limited, constitutional mane, and as a result, the 1988 Civil Liberties ton, issued a similar warning when she re- government. I, therefore, hope my colleagues Act provided redress for those injured by the cently declared: ‘‘I think that our rising debt will join my efforts to protect the freedom of internment. However, the internment of Japa- levels [sic] poses a national security threat, their constituents by supporting the Identity nese Latin Americans in the United States and it poses a national security threat in two Theft Prevention Act. during World War II was not examined by the ways. It undermines our capacity to act in our f Commission, resulting in legislation calling for own interest, and it does constrain us where a commission to examine this oversight. Leg- constraint may be undesirable. And it also INTRODUCTION STATEMENT: H.R. islation establishing a commission to review sends a message of weakness internation- 40 THE COMMISSION TO STUDY the injustices suffered by European Ameri- ally.’’ Despite these warnings, Congress has REPARATION PROPOSALS FOR cans, European Latin Americans, and Jewish refused to address this crisis. AFRICAN-AMERICANS ACT refugees during World War II has also been Congress’ spending addiction is not a par- proposed. tisan one. It reaches across the aisle and af- HON. JOHN CONYERS, Jr. H.R. 40 is no different than these other flicts both parties, which is why neither party OF MICHIGAN commission bills. H.R. 40 establishes a com- has been able to master it. We need outside IN THE HOUSE OF REPRESENTATIVES mission to examine the institution of slavery help. We need pressure from outside Con- Wednesday, January 5, 2011 and its legacy, like racial disparities in edu- gress to force us to rein in this out-of-control cation, housing, and healthcare. Following this behavior. We need a balanced budget amend- Mr. CONYERS. Mr. Speaker, I am pleased examination, the commission would rec- ment to our Constitution. to re-introduce H.R. 40, the Commission to ommend appropriate remedies to Congress, That is why I am introducing this legislation, Study Reparations Proposals for African- and as I have indicated before, remedies does which is a common sense, 3-part balanced Americans Act. Since I first introduced H.R. 40 not equate to monetary compensation. budget Constitutional amendment. This bill in 1989, we have made substantial progress in In the 110th Congress, I convened the first would (1) amend the Constitution to require elevating this issue in the national conscious- Congressional hearing on H.R. 40. With wit- that total spending for any fiscal year not ex- ness. Through legislation, state and local reso- nesses that included Professor Charles ceed total receipts; (2) require that bills to lutions and litigation, we are moving closer to Ogletree, Episcopal Bishop M. Thomas Shaw, raise revenues pass each House of Congress a full dialogue on the role of slavery in building and Detroit City Councilwoman JoAnn Wat- by a 3/5 majority; and (3) establish an annual this country. son, we began a formal dialogue on the leg- spending cap such that total federal spending At this time, however, I must acknowledge acy of the transatlantic slave trade. This Con- could not exceed 1/5 of the economic output the passing of a major voice in the reparations gress, I look forward to continuing this con- of the United States. debate, Dr. Ronald Walters. From his position versation so that our Nation can better under- The bill would also require a 3/5 majority in the academy—Professor at the University of stand this part of our history. vote for any increases in the debt limit. Maryland and head of its African American Attempts to eradicate today’s racial discrimi- The legislation provides an exception in Leadership Institute—Dr. Walters led the de- nation and disparities will be successful when times of war and during military conflicts that bate on reparation that touched both the we understand the past’s racial injustices and pose imminent and serious military threats to grassroots and scholarly communities. His inequities. A commission can take us into this national security. wisdom and clarity will be missed, but never dark past and bring us into a brighter future. Our federal government must be lean, effi- forgotten. As in years past, I welcome open and con- cient and responsible with the dollars that our As evidenced by recent events, the sin of structive discourse on H.R. 40 and the cre- nation’s citizens worked so hard to earn. We slavery is one that continues to weigh heavily ation of this commission in the 112th Con- must work to both eliminate every cent of upon us. Following the lead of other churches, gress. waste and squeeze every cent of value out of the Episcopal Church formally apologized for f each dollar our citizens entrust to us. Families its role in slavery on October 4, 2008. Florida all across our nation understand what it became the sixth state to apologize for slavery INTRODUCTION OF A 3-PART BAL- means to make tough decisions each day on March 26, 2008, following Virginia, Mary- ANCED BUDGET CONSTITU- about what they can and cannot afford and land, North Carolina, Alabama and New Jer- TIONAL AMENDMENT government officials should be required to ex- sey. During the internationally renowned ercise similar restraint when spending the , Traces of the Trade, HON. BOB GOODLATTE hard-earned dollars of our nation’s citizens. a documentary in which descendants of the OF VIRGINIA By amending the Constitution to require a largest U.S. slave trading family confront this IN THE HOUSE OF REPRESENTATIVES balanced budget, establish measurable spend- painful history, screened in January of 2008. ing limits, and make it harder to raise taxes, In the 110th Congress, the House passed a Wednesday, January 5, 2011 we can force the Congress to control spend- slavery apology bill on July 29, 2008, in which Mr. GOODLATTE. Mr. Speaker, I rise to re- ing, paving the way for a return to surpluses the House issued a formal apology for slavery. introduce legislation that will amend the United and ultimately paying down the national debt, The Senate followed on July 18, 2009, with States Constitution to force Congress to rein rather than allow big spenders to lead us fur- the passage of S. Con. Res. 26 which was in spending by balancing the federal budget. ther down the road of chronic deficits and in sponsored by Tom Harkin of Iowa. Moreover, We have a spending addiction in Wash- doing so leave our children and grandchildren in recognition of the 200th anniversary of the ington, D.C., and it has proven to be an addic- saddled with debt that is not their own. abolition of the transatlantic slave trade on tion that Congress cannot control on its own 49 out of 50 states have a balanced budget January 1, 1808, both the House and Senate and which is bringing dire consequences. We requirement, and it is time that the federal passed legislation creating a commemoration have gone in a few short years from a deficit government had one too. commission, which was signed into law on of billions of dollars to a deficit of trillions of Our nation faces many difficult decisions in February 5, 2008, and is currently awaiting dollars. We are printing money at an unprece- the coming years, and Congress will face funding. I believe that such Federal efforts are dented pace, which presents serious risks of great pressure to spend beyond its means significant steps toward proper acknowledg- massive inflation. Our national debt recently rather than to make the difficult decisions

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HIGHLIGHTS Senate convened the first session of the One Hundred Twelfth Congress. Senate agreed to S. Con. Res. 1, Adjournment Resolution. Senate of the rotunda of the Capitol for an event marking Chamber Action the 50th anniversary of the inaugural address of Routine Proceedings, pages S1–S70 President John F. Kennedy. Page S68 Measures Introduced: Fifteen resolutions were in- Appointments: troduced, as follows: S. Res. 1–13, and S. Con. Res. Senate Legal Counsel: The Chair, on behalf of the 1–2. Pages S63–64 President pro tempore, pursuant to Public Law Measures Passed: 95–521, appointed Morgan J. Frankel as Senate Notification to the President: Senate agreed to S. Legal Counsel for a term of service to expire at the Res. 1, informing the President of the United States end of the 113th Congress. Page S14 that a quorum of each House is assembled. Page S6 Deputy Senate Legal Counsel: The Chair, on be- Notification to the House of Representatives: half of the President pro tempore, pursuant to Public Senate agreed to S. Res. 2, informing the House of Law 95–521, appointed Patricia Mack Bryan as Dep- Representatives that a quorum of the Senate is as- uty Senate Legal Counsel for a term of service to ex- sembled. Page S6 pire at the end of the 113th Congress. Page S14 Fixing the Hour of Daily Meeting: Senate agreed National Commission for Review of Research to S. Res. 3, fixing the hour of daily meeting of the and Development Programs of the United States Senate. Page S6 Intelligence Community: The Chair, on behalf of the Majority Leader, after consultation with the Honoring Senator Barbara Mikulski: Senate Chairman of the Select Committee on Intelligence, agreed to S. Res. 4, honoring Senator Barbara Mikul- and pursuant to provisions of Public Law 107–306, ski for becoming the longest-serving female Senator as amended by Public Law 111–259, announced the in history. Pages S6–13 appointment of the following individuals to serve as Electing the Secretary for the Majority: Senate members of the National Commission for Review of agreed to S. Res. 5, electing Gary B. Myrick, of Vir- Research and Development Programs of the United ginia, as Secretary for the Majority of the Senate. States Intelligence Community: Gilman Louie of Page S14 California and Troy Wade of Nevada. Page S68 Appointment of Senate Legal Counsel: Senate Administration of Oath of Office: The Senators- agreed to S. Res. 6, to make effective appointment elect were administered the oath of office by the of Senate Legal Counsel. Page S14 Vice President of the United States. Pages S4–5 Appointment of Deputy Senate Legal Counsel: Unanimous Consent Agreements: Senate agreed to S. Res. 7, to make effective ap- Authority for Select Committee on Ethics: A pointment of Deputy Senate Legal Counsel. Page S14 unanimous-consent agreement was reached providing Adjournment Resolution: Senate agreed to S. that for the duration of the 112th Congress, the Eth- Con. Res. 1, providing for a conditional recess or ad- ics Committee be authorized to meet during the ses- journment of the Senate and an adjournment of the sion of the Senate. Page S14 House of Representatives. Page S15 Time for Roll Call Votes: A unanimous-consent Authorizing the Use of the Capitol Rotunda: agreement was reached providing that for the dura- Senate agreed to S. Con. Res. 2, authorizing the use tion of the 112th Congress, there be a limitation of D1

VerDate Mar 15 2010 09:21 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D05JA1.REC D05JAPT1 rfrederick on DSKDVH8Z91PROD with DIGEST D2 CONGRESSIONAL RECORD — DAILY DIGEST January 5, 2011 15 minutes each upon any roll call vote, with the Authority to Receive Messages and Sign Enrolled warning signal to be sounded at the midway point, Measures: A unanimous-consent agreement was beginning at the last 71⁄2 minutes, and when roll reached providing that for the duration of the 112th call votes are of 10 minute duration, the warning Congress, when the Senate is in recess or adjourn- signal be sounded at the beginning of the last 71⁄2 ment, the Secretary of the Senate is authorized to re- minutes. Page S14 ceive messages from the President of the United Authority to Receive Reports: A unanimous-con- States, and—with the exception of House bills, joint sent agreement was reached providing that during resolutions and concurrent resolutions—messages the 112th Congress, it be in order for the Secretary from the House of Representatives; and that they be of the Senate to receive reports at the desk when appropriately referred; and that the President of the presented by a Senator at any time during the day Senate, the President pro tempore, and the Acting of the session of the Senate. Page S14 President pro tempore be authorized to sign duly en- rolled bills and joint resolutions. Page S14 Recognition of Leadership: A unanimous-consent agreement was reached providing that the Majority Privileges of the Floor: A unanimous-consent and Minority Leaders may daily have up to 10 min- agreement was reached providing that for the dura- utes each on each calendar day following the prayer tion of the 112th Congress, Senators be allowed to and disposition of the reading of, or the approval of, leave at the desk with the Journal Clerk the names the Journal. Page S14 of two staff members who will be granted the privi- lege of the floor during the consideration of the spe- House Parliamentarian Floor Privileges: A cific matter noted, and that the Sergeant-at-Arms be unanimous-consent agreement was reached providing instructed to rotate staff members as space allows. that the Parliamentarian of the House of Representa- Page S14 tives and his four assistants be given the privileges of the floor during the 112th Congress. Page S14 Referral of Treaties and Nominations: A unani- mous-consent agreement was reached providing that Printing of Conference Reports: A unanimous- for the duration of the 112th Congress, it be in consent agreement was reached providing that, not- order to refer treaties and nominations on the day withstanding the provisions of Rule XXVIII, con- when they are received from the President, even ference reports and statements accompanying them when the Senate has no executive session that day. not be printed as Senate reports when such con- Page S14 ference reports and statements have been printed as a House report unless specific request is made in the Authority to Introduce Measures: A unanimous- Senate in each instance to have such a report printed. consent agreement was reached providing that for Page S14 the duration of the 112th Congress, Senators may be allowed to bring to the desk, bills, joint resolutions, Authority for Appropriations Committee: A concurrent resolutions and simple resolutions, for re- unanimous-consent agreement was reached providing ferral to appropriate committees. Page S14 that the Committee on Appropriations be authorized A unanimous-consent agreement was reached pro- during the 112th Congress to file reports during ad- viding that the first day for the introduction of bills journments or recesses of the Senate on appropria- and joint resolutions in the 112th Congress be Tues- tions bills, including joint resolutions, together with day, January 25, 2011. Page S15 any accompanying notices of motions to suspend Rule XVI, pursuant to Rule V, for the purpose of Message from the President: Senate received the offering certain amendments to such bills or joint following message from the President of the United resolutions, which proposed amendments shall be States: printed. Page S14 Transmitting, pursuant to law, a report of the ap- Authority for Corrections in Engrossment: A portionment population for each state as of April 1, unanimous-consent agreement was reached providing 2010, and the number of Representatives to which that for the duration of the 112th Congress, the Sec- each State would be entitled; which was referred to retary of the Senate be authorized to make technical the Committee on Homeland Security and Govern- and clerical corrections in the engrossments of all mental Affairs. (PM–1) Page S61 Senate-passed bills and joint resolutions, Senate Nominations Received: Senate received the fol- amendments to House bills and resolutions, Senate lowing nominations: amendments to House amendments to Senate bills or Jimmie V. Reyna, of Maryland, to be United resolutions, and Senate amendments to House States Circuit Judge for the Federal Circuit. amendments to Senate amendments to House bills or Victoria Frances Nourse, of Wisconsin, to be resolutions. Page S14 United States Circuit Judge for the Seventh Circuit.

VerDate Mar 15 2010 09:21 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D05JA1.REC D05JAPT1 rfrederick on DSKDVH8Z91PROD with DIGEST January 5, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D3 Goodwin Liu, of California, to be United States Paul Kinloch Holmes III, of Arkansas, to be Circuit Judge for the Ninth Circuit. United States District Judge for the Western Dis- James E. Graves, Jr., of Mississippi, to be United trict of Arkansas. States Circuit Judge for the Fifth Circuit. Mark Raymond Hornak, of Pennsylvania, to be Caitlin Joan Halligan, of New York, to be United United States District Judge for the Western Dis- States Circuit Judge for the District of Columbia trict of Pennsylvania. Circuit. Amy Berman Jackson, of the District of Colum- Edward Carroll DuMont, of the District of Co- bia, to be United States District Judge for the Dis- lumbia, to be United States Circuit Judge for the trict of Colorado. Federal Circuit. Richard Brooke Jackson, of Colorado, to be Bernice Bouie Donald, of Tennessee, to be United United States District Judge for the District of Colo- States Circuit Judge for the Sixth Circuit. rado. Susan L. Carney, of Connecticut, to be United Steve C. Jones, of Georgia, to be United States States Circuit Judge for the Second Circuit. District Judge for the Northern District of Georgia. Arenda L. Wright Allen, of Virginia, to be John A. Kronstadt, of California, to be United United States District Judge for the Eastern District States District Judge for the Central District of Cali- of Virginia. fornia. Anthony J. Battaglia, of California, to be United Robert David Mariani, of Pennsylvania, to be States District Judge for the Southern District of United States District Judge for the Middle District California. of Pennsylvania. Cathy Bissoon, of Pennsylvania, to be United Marina Garcia Marmolejo, of Texas, to be United States District Judge for the Western District of States District Judge for the Southern District of Pennsylvania. Texas. James Emanuel Boasberg, of the District of Co- John J. McConnell, Jr., of Rhode Island, to be lumbia, to be United States District Judge for the United States District Judge for the District of District of Columbia. Rhode Island. Sue E. Myerscough, of Illinois, to be United States Vincent L. Briccetti, of New York, to be United District Judge for the Central District of Illinois. States District Judge for the Southern District of John Andrew Ross, of Missouri, to be United New York. States District Judge for the Eastern District of Mis- Louis B. Butler, Jr., of Wisconsin, to be United souri. States District Judge for the Western District of Esther Salas, of New Jersey, to be United States Wisconsin. District Judge for the District of New Jersey. Claire C. Cecchi, of New Jersey, to be United Diana Saldana, of Texas, to be United States Dis- States District Judge for the District of New Jersey. trict Judge for the Southern District of Texas. Edward Milton Chen, of California, to be United James E. Shadid, of Illinois, to be United States States District Judge for the Northern District of District Judge for the Central District of Illinois. California. Kevin Hunter Sharp, of Tennessee, to be United Max Oliver Cogburn, Jr., of North Carolina, to be States District Judge for the Middle District of Ten- United States District Judge for the Western Dis- nessee. trict of North Carolina. Michael H. Simon, of Oregon, to be United States Mae A. D’Agostino, of New York, to be United District Judge for the District of Oregon. States District Judge for the Northern District of Amy Totenberg, of Georgia, to be United States New York. District Judge for the Northern District of Georgia. Roy Bale Dalton, Jr., of Florida, to be United Michael Francis Urbanski, of Virginia, to be States District Judge for the Middle District of Flor- United States District Judge for the Western Dis- ida. trict of Virginia. Sara Lynn Darrow, of Illinois, to be United States Kathleen M. Williams, of Florida, to be United District Judge for the Central District of Illinois. States District Judge for the Southern District of Edward J. Davila, of California, to be United Florida. States District Judge for the Northern District of Virginia A. Seitz, of the District of Columbia, to California. be an Assistant Attorney General. Charles Bernard Day, of Maryland, to be United Andrew L. Traver, of Illinois, to be Director, Bu- States District Judge for the District of Maryland. reau of Alcohol, Tobacco, Firearms, and Explosives. Marco A. Hernandez, of Oregon, to be United Denise Ellen O’Donnell, of New York, to be Di- States District Judge for the District of Oregon. rector of the Bureau of Justice Assistance.

VerDate Mar 15 2010 09:21 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D05JA1.REC D05JAPT1 rfrederick on DSKDVH8Z91PROD with DIGEST D4 CONGRESSIONAL RECORD — DAILY DIGEST January 5, 2011 Timothy J. Feighery, of New York, to be Chair- resentative of the United States of America to the man of the Foreign Claims Settlement Commission United Nations for U.N. Management and Reform. of the United States for a term expiring September David Bruce Shear, of New York, to be Ambas- 30, 2012. sador to the Socialist Republic of Vietnam. James Xavier Dempsey, of California, to be a Allison A. Hickey, of Virginia, to be Under Sec- Member of the Privacy and Civil Liberties Oversight retary for Benefits of the Department of Veterans Af- Board for a term expiring January 29, 2016. fairs. Elisebeth Collins Cook, of Illinois, to be a Mem- Daniel L. Shields III, of Pennsylvania, to be Am- ber of the Privacy and Civil Liberties Oversight bassador to Brunei Darussalam. Board for a term expiring January 29, 2014. Pamela L. Spratlen, of California, to be Ambas- James Michael Cole, of the District of Columbia, sador to the Kyrgyz Republic. to be Deputy Attorney General (Recess Appoint- Eric G. Postel, of Wisconsin, to be an Assistant ment). Michael Vickers, of Virginia, to be Under Sec- Administrator of the United States Agency for Inter- retary of Defense for Intelligence. national Development. Jo Ann Rooney, of Massachusetts, to be Principal Terry Lewis, of Michigan, to be a Member of the Deputy Under Secretary of Defense for Personnel and Board of Directors of the Overseas Private Invest- Readiness. ment Corporation for a term expiring December 17, Peter A. Diamond, of Massachusetts, to be a 2011. Member of the Board of Governors of the Federal Terry Lewis, of Michigan, to be a Member of the Reserve System for the unexpired term of fourteen Board of Directors of the Overseas Private Invest- years from February 1, 2000. ment Corporation for a term expiring December 17, Kathryn D. Sullivan, of Ohio, to be an Assistant 2014. Secretary of Commerce. Nils Maarten Parin Daulaire, of Virginia, to be Frances M.D. Gulland, of California, to be a Representative of the United States on the Executive Member of the Marine Mammal Commission for a Board of the World Health Organization. term expiring May 13, 2012. Sue Kathrine Brown, of Texas, to be Ambassador Ann D. Begeman, of Virginia, to be a Member of to Montenegro. the Surface Transportation Board for a term expiring Martha Wagner Weinberg, of Massachusetts, to December 31, 2015. be a Member of the National Council on the Hu- Peter Bruce Lyons, of New Mexico, to be an As- manities for a term expiring January 26, 2016. sistant Secretary of Energy (Nuclear Energy). Clyde E. Terry, of New Hampshire, to be a Mem- Daniel M. Ashe, of Maryland, to be Director of ber of the National Council on Disability for a term the United States Fish and Wildlife Service. expiring September 17, 2013. Maurice B. Foley, of Maryland, to be a Judge of Leon Rodriguez, of Maryland, to be Administrator the United States Tax Court for a term of fifteen of the Wage and Hour Division, Department of years. Labor. Jenni Rane LeCompte, of the District of Colum- Cora B. Marrett, of Wisconsin, to be Deputy Di- bia, to be an Assistant Secretary of the Treasury. rector of the National Science Foundation. Kurt Walter Tong, of Maryland, a Career Member of the Senior Foreign Service, Class of Counselor, for Janice Lehrer-Stein, of California, to be a Member the rank of Ambassador during his tenure of service of the National Council on Disability for a term ex- as United States Senior Official for the Asia-Pacific piring September 17, 2013. Economic Cooperation (APEC) Forum. Kelvin K. Droegemeier, of Oklahoma, to be a James A. Torrey, of Connecticut, to be a Member Member of the National Science Board, National of the Board of Directors of the Overseas Private In- Science Foundation for a term expiring May 10, vestment Corporation for a term expiring December 2016. 17, 2013. Paula Barker Duffy, of Illinois, to be a Member Joseph M. Torsella, of Pennsylvania, to be Rep- of the National Council on the Humanities for a resentative of the United States of America to the term expiring January 26, 2016. United Nations for U.N. Management and Reform, Aaron Paul Dworkin, of Michigan, to be a Mem- with the rank of Ambassador. ber of the National Council on the Arts for a term Joseph M. Torsella, of Pennsylvania, to be Alter- expiring September 3, 2014. nate Representative of the United States of America Cathy N. Davidson, of North Carolina, to be a to the Sessions of the General Assembly of the Member of the National Council on the Humanities United Nations, during his tenure of service as Rep- for a term expiring January 26, 2016.

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Constance M. Carroll, of California, to be a Mem- Measures Held Over/Under Rule: Page S62 ber of the National Council on the Humanities for Enrolled Bills Presented: Page S62 a term expiring January 26, 2016. Albert J. Beveridge III, of the District of Colum- Executive Communications: Pages S62–63 bia, to be a Member of the National Council on the Statements on Introduced Bills/Resolutions: Humanities for a term expiring January 26, 2016. Pages S64–68 Thomas M. Beck, of Virginia, to be a Member of Additional Statements: Pages S60–61 the National Mediation Board for a term expiring July 1, 2013. Privileges of the Floor: Page S68 Terence Francis Flynn, of Maryland, to be a Mem- Quorum Calls: ber of the National Labor Relations Board for the One quorum call was taken today. (Total—1) term of five years expiring August 27, 2015. Page S5 Lafe E. Solomon, of Maryland, to be General Recess: Senate convened at 12:04 p.m. and recessed, Counsel of the National Labor Relations Board. pursuant to the provisions of S. Con. Res. 1, at 7:33 Carolyn N. Lerner, of Maryland, to be Special p.m., until 10 a.m. on Tuesday, January 25, 2011. Counsel, Office of Special Counsel, for the term of (For Senate’s program, see the remarks of the Major- five years. ity Leader in today’s Record on page S68.) Stephanie O’Sullivan, of Virginia, to be Principal Deputy Director of National Intelligence. Steve L. Muro, of California, to be Under Sec- Committee Meetings retary of Veterans Affairs for Memorial Affairs. Pages S68–70 (Committees not listed did not meet) Messages from the House: Pages S61–62 No committee meetings were held. h House of Representatives Report on Legislative and Oversight Activities of Chamber Action the House Committee on Homeland Security for the Public Bills and Resolutions Introduced: 173 111th Congress (H. Rept. 111–699). public bills, H.R. 2, 21–192; 3 private bills, H.R. Reports were filed on January 3, 2011 as follows: 193–195; and 34 resolutions, H.J. Res. 1–8; H. Report on Activities of the Committee on Appro- Con. Res. 1–5; and H. Res. 1–21 were introduced. priations, 111th Congress (H. Rept. 111–700); Pages H33–48 Report on Legislative and Oversight Activities of Additional Cosponsors: Will appear in next issue. the Committee on Natural Resources During the Reports Filed: Reports were filed on December 23, 111th Congress (H. Rept. 111–701); 2010 as follows: Report on the Activity of the Committee on Fi- Report on the Activity of the Committee on nancial Services for the 111th Congress (H. Rept. Small Business for the One Hundred Eleventh Con- 111–702); gress (H. Rept. 111–695) and Report of the Committee on Agriculture Activi- Report on the Activities of the Committee on ties During the 111th Congress (H. Rept. 111–703); Education and Labor During the 111th Congress (H. Activities and Summary Report of the Committee Rept. 111–696). on the Budget, 111th Congress (H. Rept. 111–704); Reports were filed on December 30, 2010 as fol- Committee of the House Committee on Oversight lows: and Government Reform for the 111th Congress (H. Activities Report of the Committee on Veterans’ Rept. 111–705); Affairs, 111th Congress (H. Rept. 111–697) and Report on the Activity of the Committee on En- Summary of Activities of the Committee on ergy and Commerce, 111th Congress (H. Rept. Science and Technology for the 111th Congress (H. 111–706); Rept. 111–698). Summary of Activities of the Committee on A report was filed on December 31, 2010 as fol- Standards of Official Conduct for the 111th Congress lows: (H. Rept. 111–707);

VerDate Mar 15 2010 09:21 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D05JA1.REC D05JAPT1 rfrederick on DSKDVH8Z91PROD with DIGEST D6 CONGRESSIONAL RECORD — DAILY DIGEST January 5, 2011 Report on the Legislative and Oversight Activities Escort Committee: The Clerk appointed the fol- of the Committee on Ways and Means During the lowing committee to escort the Speaker-elect to the 111th Congress (H. Rept. 111–708); Chair: Representatives-elect Cantor, Pelosi, McCar- Final Staff Report for the 111th Congress from thy (CA), Hoyer, Hensarling, Clyburn, Sessions, the Select Committee on Energy Independence and Larson (CT), Price (GA), Becerra, McMorris Rodgers Global Warming (H. Rept. 111–709); (WA), Israel, Carter, Van Hollen, Noem, George Report of the Activities of the Committee on Miller (CA), Tim Scott (SC), DeLauro, Walden, Armed Services for the 111th Congress (H. Rept. Cuellar, Dreier, Wasserman Schultz, Roskam, Bass 111–710); and (CA) and the members of the Ohio delegation: Rep- Summary of Legislative and Oversight Activities resentatives-elect Kaptur, LaTourette, Kucinich, of the Committee on Transportation and Infrastruc- Tiberi, Ryan, Turner, Schmidt, Sutton, Latta, Jor- ture for the 111th Congress (H. Rept. 111–711). dan, Fudge, Austria, Chabot, Gibbs, Johnson, Pages H32–33 Renacci, and Stivers. Pages H3–4 Certification of Election: The Clerk announced that Administration of the Oath of Office to Mem- Certificates of Election covering 435 seats in the bers of the 112th Congress: The Dean of the One Hundred Twelfth Congress had been received House, the Honorable John D. Dingell, administered and the names of those persons whose credentials the oath of office to the Speaker. The Speaker then show that they were regularly elected as Representa- administered the oath to the Members, Resident tives in accordance with the laws of their respective Commissioner, and Delegates. Page H6 States would be called. Without objection, the Rep- Election of Majority and Minority Leaders: The resentatives-elect were directed to record their pres- Chairman of the Republican Conference, Representa- ence by electronic device in order to determine tive Hensarling, announced the election of Rep- whether a quorum was present. Pages H1–2 resentative Cantor as the Majority Leader. The Chair- Call of the States: On the Call of the States, 434 man of the Democratic Caucus, Representative Members reported their presence, Roll No. 1. Larson (CT), announced the election of Representa- Pages H1–2 tive Pelosi as the Minority Leader. Page H6 Election Credentials for the Resident Commis- Election of Majority and Minority Whips: The sioner and Delegates: The Clerk announced that Chairman of the Republican Conference, Representa- credentials have been received showing the elections tive Hensarling, announced the election of Rep- of the following: Honorable Pedro R. Pierluisi, Resi- resentative McCarthy (CA) as the Majority Whip. dent Commissioner from the Commonwealth of The Chairman of the Democratic Caucus, Represent- Puerto Rico; Honorable Eleanor Holmes Norton, ative Larson, announced the election of Representa- Delegate from the District of Columbia; Honorable tive Hoyer as the Minority Whip and Representative Madeleine Z. Bordallo, Delegate from Guam; Hon- Clyburn as Assistant Democratic Leader. Page H6 orable Donna M. Christensen, Delegate from the Administration of the Oath of Office: Representa- Virgin Islands; Honorable Eni F.H. Faleomavaega, tive-elect Sullivan presented himself in the well of Delegate from American Samoa; and Honorable the House and was administered the oath of office Gregorio Sablan, Delegate from the Commonwealth by the Speaker. Page H6 of the Northern Mariana Islands. Page H2 Electing Officers of the House of Representa- Election of Speaker: The Honorable John Boehner tives: The House agreed to H. Res. 1, electing the of Ohio was elected Speaker of the House of Rep- following officers for the House of Representatives: resentatives and received 241 votes. The Honorable Karen L. Haas, Clerk; Wilson S. Livingood, Ser- Nancy Pelosi received 173 votes, The Honorable geant-at-Arms; Daniel J. Strodel, Chief Administra- Dennis Cardoza received 1 vote, the Honorable Jim tive Officer; and Father Daniel P. Coughlin, Chap- Cooper received 1 vote, The Honorable Jim Costa re- lain. Page H6 ceived 1 vote, The Honorable Steny Hoyer received On a division of the question, rejected the Larson 1 vote, The Honorable Marcy Kaptur received 1 (CT) amendment that sought to elect John Lawrence vote, The Honorable John Lewis (GA) received 2 as Clerk; Alexis Covey-Brandt as Sergeant-at-Arms; votes, the Honorable Heath Shuler received 11 votes, and Yelberton Watkins as Chief Administrative Of- and one Member voted present (Roll No. 2). Earlier, ficer. Page H6 the Clerk appointed Representatives-elect Daniel E. Lungren (CA), Brady (PA), Kaptur, and Ros- Notify the Senate that a Quorum Has Assem- Lehtinen to act as Tellers. Pages H2–3 bled: The House agreed to H. Res. 2, to inform the

VerDate Mar 15 2010 09:21 Jan 06, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D05JA1.REC D05JAPT1 rfrederick on DSKDVH8Z91PROD with DIGEST January 5, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D7 Senate that a quorum of the House has assembled Assembly outside of the District of Columbia: and of the election of the Speaker and Clerk. The House agreed to H. Con. Res. 1, regarding con- Pages H6–7 sent to assemble outside the seat of government. Notify the President of the Assembly of the Page H28 112th Congress: The House agreed to H. Res. 3, Whole Number of the House: Under clause 5(d) authorizing the Speaker to appoint Members of the of Rule 20, the Chair announced to the House that House to a joint committee to notify the President the whole number of the House is 434. Page H29 of the assembly of the Congress. Subsequently, the House Office Building Commission: The Chair Speaker appointed Representatives Cantor and Pelosi announced that Representatives Cantor and Pelosi to the committee. Later, Representative Cantor an- will serve as members of the House Office Building nounced that the Committee had notified the Presi- Commission with the Speaker. Page H31 dent that a quorum of each House had assembled Appointment Authority: Agreed that during the and was ready to receive any communication that he One Hundred Twelfth Congress, the Speaker, Major- may be pleased to make. Page H7 ity Leader, and Minority Leader be authorized to ac- Notify the President of the Election of the cept resignations and to make appointments author- Speaker and the Clerk: The House agreed to H. ized by law or by the House. Page H28 Res. 4, authorizing the Clerk to inform the Presi- Extension of Remarks: Agreed that during the One dent of the election of the Speaker and the Clerk. Hundred Twelfth Congress, all Members be per- Page H7 mitted to extend their remarks and to include extra- Adopting Rules for the One Hundred Twelfth neous material within the permitted limit in that Congress: The House agreed to H. Res. 5, adopting section of the Record entitled ‘‘Extensions of Re- the Rules of the House of Representatives for the marks’’. Page H28 One Hundred Twelfth Congress, by a yea-and-nay Succession of the Speaker of the House: Read a vote of 240 yeas to 191 nays, Roll No. 6, after the letter from the Speaker wherein he designated Rep- previous question was ordered by a yea-and-nay vote resentative Cantor to act jointly with the Majority of 238 yeas to 188 nays, Roll No. 4. Pages H7–27 Leader of the Senate, or his designee, in the event Rejected the Crowley motion to commit H. Res. of the death or inability of the Speaker, to notify 5 to a select committee composed of the Majority Members of the House and Senate of any reassembly. Leader and the Minority Leader with instructions to Page H31 report it forthwith back to the House with an Morning-Hour Debate: Agreed to the procedures amendment, by a yea-and-nay vote of 191 yeas to regarding the format for morning-hour debate for 240 nays, Roll No. 5. Page H26 the first session of the One Hundred Twelfth Con- Agreed to the Cantor motion to table the Norton gress. Pages H28–29 motion to refer H. Res. 5 to a select committee of five members, to be appointed by the Speaker by a Adjournment Resolution: The House agreed to S. yea-and-nay vote of 225 yeas to 188 nays, Roll No. Con. Res. 1, providing for a conditional recess or ad- journment of the Senate and an adjournment of the 3. Pages H10–11 House of Representatives. Page H31 Election of Members to Certain Standing Com- mittees: The House agreed to H. Res. 6, electing Presidential Message: Read a message from the Members to certain standing committees of the President wherein he transmitted a statement show- ing the apportionment population for each State as House of Representatives. Page H27 of April 1, 2010, and the number of Representatives Election of Members to Certain Standing Com- to which each State would be entitled—referred to mittees: The House agreed to H. Res. 7, electing the Committees on the Judiciary and Oversight and Members to certain standing committees of the Government Reform and ordered to be printed (H. House of Representatives. Pages H27–28 Doc. 112–5). Page H31 Designation of Minority Employees: The House Senate Message: Message received from the Senate agreed to H. Res. 8, providing for the designation today appears on page H27. of certain minority employees. Page H28 Quorum Calls—Votes: Four yea-and-nay votes de- Daily Hour of Meeting: The House agreed to H. veloped during the proceedings today and appear on Res. 10, fixing the daily hour of meeting of the First pages H10–11, H25, H26, H26–27. There was one Session of the One Hundred Twelfth Congress. quorum call, Roll No. 1, which appears on pages Page H28 H1.

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Adjournment: The House met at 12 noon and ad- S. 1275, to establish a National Foundation on journed at 5:50 p.m. Physical Fitness and Sports to carry out activities to support and supplement the mission of the Presi- Committee Meetings dent’s Council on Physical Fitness and Sports. Signed on December 22, 2010. (Public Law 111–332) COMMITTEE ORGANIZATION S. 1405, to redesignate the Longfellow National Committee on Rules: Met for organizational purposes. Historic Site, Massachusetts, as the ‘‘Longfellow Committee adopted its rules of procedure for the House-Washington’s Headquarters National Historic 112th Congress. Site’’. Signed on December 22, 2010. (Public Law 111–333) Joint Meetings S. 1448, to amend the Act of August 9, 1955, to No joint committee meetings were held. authorize the Coquille Indian Tribe, the Confed- f erated Tribes of Siletz Indians, the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw, the NEW PUBLIC LAWS Klamath Tribes, and the Burns Paiute Tribe to ob- (For last listing of Public Laws, see DAILY DIGEST, p. D1245) tain 99-year lease authority for trust land. Signed on H.R. 1061, to transfer certain land to the United December 22, 2010. (Public Law 111–334) States to be held in trust for the Hoh Indian Tribe, S. 1609, to authorize a single fisheries cooperative to place land into trust for the Hoh Indian Tribe. for the Bering Sea Aleutian Islands longline catcher Signed on December 22, 2010. (Public Law processor subsector. Signed on December 22, 2010. 111–323) (Public Law 111–335) H.R. 2941, to reauthorize and enhance Johanna’s S. 2906, to amend the Act of August 9, 1955, to Law to increase public awareness and knowledge modify a provision relating to leases involving cer- with respect to gynecologic cancers. Signed on De- tain Indian tribes. Signed on December 22, 2010. cember 22, 2010. (Public Law 111–324) (Public Law 111–336) H.R. 4337, to amend the Internal Revenue Code S. 3199, to amend the Public Health Service Act of 1986 to modify certain rules applicable to regu- regarding early detection, diagnosis, and treatment lated investment companies. Signed on December of hearing loss. Signed on December 22, 2010. (Pub- 22, 2010. (Public Law 111–325) lic Law 111–337) H.R. 5591, to designate the airport traffic control S. 3794, to amend chapter 5 of title 40, United tower located at Spokane International Airport in States Code, to include organizations whose member- Spokane, Washington, as the ‘‘Ray Daves Airport ship comprises substantially veterans as recipient or- Traffic Control Tower’’. Signed on December 22, ganizations for the donation of Federal surplus per- 2010. (Public Law 111–326) sonal property through State agencies. Signed on De- H.R. 6198, to amend title 11 of the United States cember 22, 2010. (Public Law 111–338) Code to make technical corrections. Signed on De- S. 3860, to require reports on the management of cember 22, 2010. (Public Law 111–327) Arlington National Cemetery. Signed on December H.R. 6278, to amend the National Children’s Is- 22, 2010. (Public Law 111–339) land Act of 1995 to expand allowable uses for King- S. 3984, to amend and extend the Museum and man and Heritage Islands by the District of Colum- Library Services Act. Signed on December 22, 2010. bia. Signed on December 22, 2010. (Public Law (Public Law 111–340) 111–328) S. 3998, to extend the Child Safety Pilot Pro- H.R. 6473, to amend the Internal Revenue Code gram. Signed on December 22, 2010. (Public Law of 1986 to extend the funding and expenditure au- 111–341) thority of the Airport and Airway Trust Fund, to S. 4005, to amend title 28, United States Code, amend title 49, United States Code, to extend the to prevent the proceeds or instrumentalities of for- airport improvement program. Signed on December eign crime located in the United States from being 22, 2010. (Public Law 111–329) shielded from foreign forfeiture proceedings. Signed H.R. 6516, to make technical corrections to pro- on December 22, 2010. (Public Law 111–342) visions of law enacted by the Coast Guard Author- H.R. 6398, to require the Federal Deposit Insur- ization Act of 2010. Signed on December 22, 2010. ance Corporation to fully insure Interest on Lawyers (Public Law 111–330) Trust Accounts. Signed on December 29, 2010. S. 30, to amend the Communications Act of 1934 (Public Law 111–343) to prohibit manipulation of caller identification in- H.R. 6517, to extend trade adjustment assistance formation. Signed on December 22, 2010. (Public and certain trade preference programs, to amend the Law 111–331) Harmonized Tariff Schedule of the United States to

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, January 25 10 a.m., Thursday, January 6

Senate Chamber House Chamber Program for Tuesday: Senate will be in a period of Program for Thursday: Reading of the Constitution of morning business. the United States by Members of the House of Represent- (Senate will recess from 12:30 p.m. until 2:15 p.m. for their atives. Consideration of H. Res. —A resolution to Cut respective party conferences.) Congress’s Budget.

Extensions of Remarks, as inserted in this issue

HOUSE Filner, Bob, Calif., E1 Larsen, Rick, Wash., E9 Frank, Barney, Mass., E7 Markey, Edward J., Mass., E5 Bordallo, Madeleine Z., Guam, E10 Goodlatte, Bob, Va., E2, E12 Michaud, Michael H., Me., E6, E11 Burgess, Michael C., Tex., E9 Graves, Sam, Mo., E1, E3, E4, E9 Paul, Ron, Tex., E1, E3, E4, E5, E7, E9, E11 Clay, Wm. Lacy, Mo., E1 Hoyer, Steny H., Md., E5 Wilson, Joe, S.C., E7 Conyers, John, Jr., Mich., E2, E3, E4, E12 Israel, Steve, N.Y., E5 Dreier, David, Calif., E2, E6, E10 Kucinich, Dennis J., Ohio, E4

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