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

Vol. 157 WASHINGTON, THURSDAY, SEPTEMBER 15, 2011 No. 137 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, Senate floor to open the Senate on this called to order by the Honorable SHEL- PRESIDENT PRO TEMPORE, day by leading us in prayer. DON WHITEHOUSE, a Senator from the Washington, DC, September 15, 2011. Rabbi Gutterman is a personal State of Rhode Island. To the Senate: friend, but he is more than that. He is Under the provisions of rule I, paragraph 3, a person of real significance in the of the Standing Rules of the Senate, I hereby PRAYER Rhode Island community. He has appoint the Honorable SHELDON WHITEHOUSE, The PRESIDING OFFICER. Our a Senator from the State of Rhode Island, to served as the rabbi of Temple Beth El friend, Rabbi Leslie Gutterman, rabbi perform the duties of the Chair. for 40 years, which means he has offi- for 40 years of the Temple Bethel El in DANIEL K. INOUYE, ciated at the weddings of the children Providence, RI, will now lead the Sen- President pro tempore. of people whose bar mitzvahs at which ate in prayer. Mr. WHITEHOUSE thereupon as- he officiated, and he has officiated at The guest Chaplain offered the fol- sumed the chair as Acting President the bar mitzvahs of the grandchildren lowing prayer: pro tempore. of people whose weddings at which he officiated. He is an important part of O God, whose spirit is with us in f every righteous act, invoke Your bless- the Rhode Island community. He has RECOGNITION OF THE MAJORITY been described as a community asset ing upon the elected representatives of LEADER our government. Enlighten with Your and a moral compass for Rhode Island. wisdom those whom the people have The PRESIDING OFFICER (Mr. In addition, he is just a beautiful per- entrusted with the guardianship of our UDALL of New Mexico). The majority son. He and his wife Janet have come here rights and liberties. leader is recognized. today to join us, and we are very proud On this day, proclaimed as the Inter- Mr. REID. Mr. President, I yield the and delighted that we could share this national Day of Democracy, we pray floor to the Senator from Rhode Island at this time. moment of the morning with our col- that our country may ever be a beacon leagues and with Rabbi Gutterman. of freedom, justice, and peace. We pray f I yield the floor back to the majority for those in other lands who are op- WELCOMING RABBI GUTTERMAN leader with great pride in the presence pressed and persecuted. Mr. REED. Mr. President, I rise to of Rabbi Gutterman on our floor this Grant that this new day not be lost morning. thank and commend Senator WHITE- to us. May it be filled with Your pur- The ACTING PRESIDENT pro tem- HOUSE for inviting Rabbi Leslie pose and our labors rewarded by the pore. The majority leader is recog- Gutterman here to deliver the prayer. satisfaction gained by all who pursue a nized. Les Gutterman has been an extraor- life of righteousness, virtue, and honor. f Amen. dinary figure in our State, a man of great wisdom, compassion and kind- SCHEDULE f ness, who has, since 1970, contributed Mr. REID. Mr. President, following PLEDGE OF ALLEGIANCE extraordinarily to the State of Rhode leader remarks, the Senate will be in Island and to the people of Rhode Is- morning business for 1 hour. The ma- The Honorable SHELDON WHITEHOUSE land. jority will control the first half and the led the Pledge of Allegiance, as follows: His congregation goes far beyond de- Republicans will control the final half. I pledge allegiance to the Flag of the nominational lines. He is literally the Following morning business, the Sen- United States of America, and to the Repub- rabbi for everyone. In fact, he is my ate will resume consideration of H.J. lic for which it stands, one nation under God, rabbi, and I am pleased and proud to Res. 66, which is a joint resolution re- indivisible, with liberty and justice for all. say that. garding Burma sanctions and the legis- f Mr. President, again, I am delighted lative vehicle for additional FEMA to welcome Rabbi Gutterman here funding. The filing deadline for all APPOINTMENT OF ACTING today. first-degree amendments to the sub- PRESIDENT PRO TEMPORE The PRESIDING OFFICER. The Sen- stitute amendment and to H.J. Res. 66 The PRESIDING OFFICER. The ator from Rhode Island. is 1 p.m. today. I filed cloture on the clerk will please read a communication Mr. WHITEHOUSE. Mr. President, it substitute amendment and on H.J. Res. to the Senate from the President pro is a great honor and a great pleasure to 66 last night. If no agreement is tempore (Mr. INOUYE). join my senior Senator JACK REED in reached, there will be a cloture vote on The assistant bill clerk read the fol- welcoming Rabbi Leslie Gutterman the substitute amendment on tomor- lowing letter: from Providence, RI, here onto the row morning. We hope to reach an

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

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VerDate Mar 15 2010 02:49 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.000 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5638 CONGRESSIONAL RECORD — SENATE September 15, 2011 agreement to complete action on the has to Nevada and the rest of the coun- FEMA joint resolution as well as FAA and try to honor the contributions of a pop- Mr. REID. Mr. President, I want to highway extension today. Senators will ulation that is such an integral part of spread on the record how much I appre- be notified when votes are scheduled. our national identity. For hundreds of ciate the support of the Republicans in REMEMBERING SENATOR MALCOLM WALLOP years, Latinos have helped shape the allowing us to be able to get on the Mr. REID. Mr. President, Malcolm face of this Nation. FEMA bill. We are on that bill now. We Wallop of Wyoming is a man with I wrote a history of my birthplace, have some amendments pending. If we whom I served in the Senate for ap- Searchlight, NV, and one of the inter- are not able to work out an agreement proximately 10 years. He represented esting things I found in my research is on that today, we will have votes on a the State of Wyoming. During that that the railroad was built into Search- number of cloture issues relating to time, I can remember the work he and light in the early 1900s, it is 26 miles, that most important legislation affect- Alan Simpson did together—Alan and it was a difficult railroad to build, ing millions of Americans who have Simpson, another retired Senator from but it was basically built by Mexicans been devastated by Mother Nature. Wyoming. Senator Wallop died yester- who had come to the United States to I am disappointed, however, in one of day. He was 78 years old. our Republican colleagues who at this Senator Wallop was a fine man. His do the labor that it took to do that. Some 7,000 of them built that railroad. stage is holding up something that is roots in Wyoming stem back to pioneer so vitally necessary. ancestors in the Big Horn. Although he It is not very long—26 miles long—but it took a lot of work to get it done. The House sent us two pieces of legis- was born in New York, he served his lation that passed overwhelmingly in country admirably in the Army and So everyplace you go in America, ev- the House, one that will keep 1.7 or 1.8 then worked for many years as a cattle eryplace especially you go in the West, million people working on highway and rancher and businessman before run- you find contributions made by His- other construction around the country ning for office. He was extremely good panics. They have made contributions dealing with highways. That is an ex- friends with the great Nevadan Paul in the battlefield, in the workplace, tension of 6 months. They also sent to Laxalt. and the classroom. They have spurred us a 4-month extension, fully funded, of There were occasions when Malcolm progress in the laboratory, playing the Federal Aviation Administration, and I didn’t agree on political issues, field in all athletics, and, of course, in also vitally important. but he was always an agreeable man, a the halls of justice. They have shaped Unless my friend, the junior Senator very fine man. I honor his service the way we farm and the way we do from Oklahoma, agrees to allow us to today, both as a soldier and a Senator, business. They have influenced our art go forward, one Senator will stop 80,000 and certainly will miss him, as every- and our literature. Construction sites people from working. I hope he will re- one in Wyoming will and all of his col- of casinos and shopping centers around consider. The issue he has presented is leagues who worked with him here in the State of Nevada—they have con- a little unusual. He says he doesn’t like the Senate. tributed mightily to that work that is bike paths being part of the highway HISPANIC HERITAGE MONTH being done and has been done. bill. Well, for most Americans they are Mr. REID. Mr. President, in my office The language has even influenced the absolutely important. They are good right across the hall, I have a wonder- name of the State of Nevada, which for purposes of allowing people to trav- ful picture painted by a Nevadan. It is means ‘‘snow covered.’’ Las Vegas el without burning all the fossil fuel on a big painting, and it shows this hand- means ‘‘the meadows’’ in Spanish. the highways. some young man on this horse with all I got up this morning very early, and the trappings of a horse that is really Hispanic Americans have also played an important role in this Nation’s I went out and did my exercise. I am nice, a nice horse and a beautiful sad- not exaggerating, there were scores, at dle, and all the adornments on this Armed Forces, as I mentioned just a minute ago. They have served in every least 30 or 40 bikes—so scores may be a man’s clothes are good. I am sure the slight exaggeration—of people not just painting didn’t take into consideration conflict since the Revolutionary War. Nearly 30,000 of them have fought for for exercise but traveling to work with how he really looked when he arrived backpacks on. That is what bike paths in the Las Vegas Valley because this our country in Iraq and Afghanistan and are still fighting. I thank them for are all about. man, Rafael Rivera, was the first non- We have told my friend the Senator their brave and dedicated service. Indian to see the Las Vegas Valley, and from Oklahoma: If you don’t like it, we I am sure he was worn out and tired be- Every year, Latinos help propel con- will have a vote on it. cause he was basically lost. He was tributions to our economy. More than He said: I don’t want a vote. part of a Spanish expedition, and he 2.3 million Hispanic-owned businesses He said: Whatever I want, I want left them almost 100 miles from where employ millions of Americans and pro- stuck in that bill. he wound up in Las Vegas. But for us, vide crucial goods and services. We can’t do that. That isn’t what the Rafael Rivera is the person who found- Mr. President, before leaving the sub- House sent us, and we can’t do that. ed Las Vegas. He was able to see this ject of veterans and the good things He said: Well, separate the two bills. beautiful place in 1829, and as a result We have the bills from the House of they do, I want to make sure the Re- of that, we have a number of facilities Representatives. That is the arrange- publican leader recognizes that we all named after Rafael Rivera, as well they ment we have made, and it is a good ar- celebrate a Kentuckian who today is should be, in Las Vegas Valley. rangement to get these two vitally im- going to be awarded the Medal of The picture is painted perfectly. It portant pieces of legislation passed so Honor, for this 23-year-old boy, in the shows Las Vegas Valley’s Sunrise that we can keep people—almost 2 mil- fields of Afghanistan, saved the lives of Mountain. The difference is, there are lion people—working. about 40 soldiers—1 person. They had a no people there. Now there are 3 mil- I am disappointed in that. I hope we wonderful piece on public broadcast lion people in Nevada, and we have lit- can work something out during the day today about his courage and what he tle Sunrise Mountain there. In the because it is really unfair for him to did—of course wounded himself, but he painting, there is no one or anything hold up this extremely important legis- carried people to and from battle and around it, but of course now there are lation. buildings and hotels and lots of activ- saved the lives, as I indicated, of a cou- There is not a State in the Union ity there. ple score of people. His name is Dakota that does not have problems with 80,000 Today, though, Mr. President, I join Meyer. So I congratulate the Repub- people laid off. In Nevada we have a more than 50 million Hispanic Ameri- lican leader for having such fine people new tower being built at McCarran cans in the United States in marking come from the State of Kentucky. Field. That is important. These people the first day of Hispanic Heritage Today, the Senate recognizes the will have to stop working. That is Month. This celebration of history and commitment of more than 50 million wrong. One Senator? It is not fair to culture lasts through October 15. So I Hispanic Americans, family, commu- the Senate or to the country. look forward to the opportunity of nity, and country. And that is the way Will the Chair announce the business bringing Hispanic heritage and all it it should be. of the day?

VerDate Mar 15 2010 23:38 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.001 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5639 RESERVATION OF LEADER TIME ing to myself, I wonder why she is here. nursing home and run out of their sav- The ACTING PRESIDENT pro tem- Maybe she is on the board of this food ings. pore. Under the previous order, the depository. It turns out she was there As we talk about deficit reduction, leadership time is reserved. to tell me her story. She is a single let us focus on making certain at the mom with two young children. She has end of the day the safety net is still in f a full-time job as a teacher’s aide in place. Let us make sure the childcare MORNING BUSINESS the school district. Because her income deductions that we have in the Tax is below the poverty level, she qualifies Code are there for working families, The ACTING PRESIDENT pro tem- for not only food stamps but also uses the Earned Income Tax Credit, a pro- pore. Under the previous order, the these food pantries. She said to me she gram started under President Reagan Senate will be in a period of morning wanted to express her gratitude that which acknowledges that many people business for 1 hour, with Senators per- we now have extended the SNAP pro- who are working still need a helping mitted to speak therein for up to 10 gram, the food stamp program, to in- hand in our Tax Code; Medicaid, that I minutes each, with the time equally di- clude fresh produce, fruits, and vegeta- mentioned earlier; the food stamp pro- vided and controlled between the two bles. She said it means I can take my gram; housing programs for those who leaders or their designees, with the ma- kids to the local farmers market and are homeless and need a helping hand. jority controlling the first half and Re- they get to meet the farmers and ask The safety net has to be honored and publicans controlling the final half. questions and hear stories about where has to be preserved in the course of our Mr. DURBIN. Mr. President, I sug- these thing come from, the fruits and deficit debate. gest the absence of a quorum. vegetables we buy and, she said, I get But I would also say, at this point, The ACTING PRESIDENT pro tem- to buy healthy food to give to my kids. the President has challenged us to stop pore. The clerk will call the roll. I never would have picked her out of giving speeches and to start moving The assistant legislative clerk pro- a crowd as a person who needed help to forward on getting America back to ceeded to call the roll. feed her children—and she did. She told work. He made a proposal in last Mr. DURBIN. Mr. President, I ask me: Without this, I would be strug- Thursday’s joint session of Congress to unanimous consent the order for the gling. It is an eye opener for all Ameri- give working families across America a quorum call be rescinded. cans, when we hear 46 million of us are payroll tax cut. What would it mean in The ACTING PRESIDENT pro tem- living in poverty. These are our neigh- Illinois? The average income in Illinois pore. Without objection, it is so or- bors, our friends, the people with whom is about $53,000 a year. The President’s dered. we go to church. These are folks you payroll tax cut would be worth $1,400 to f may see in the store. They are people every family making that amount of EYE-OPENING POVERTY who are struggling, many of them money. That is $120 a month. It may working but not making enough not sound like much for people who are Mr. DURBIN. Mr. President, the re- money. Some have full-time jobs, wealthy, but for those who are strug- port this week about the rate of pov- many have part-time jobs. It is a re- gling paycheck to paycheck, it could erty in America is an eye opener. The minder, as we get into this deficit de- make a difference. numbers that have been reported are bate, never to lose sight of the safety President Obama wants to give more stunning. The number of Americans net in America. income security to middle-income fam- living in poverty now stands at 46.2 We are a kind and caring people. We ilies. That is what his proposal is million people. That is an increase of have proven that over many genera- about. He has turned around and said 8.9 million since 2007, just in 4 years. tions. We do things many other coun- when it comes to small businesses, let This has increased significantly since tries do not do. For one thing, we have us give them incentives to hire the un- the year 2000. The poverty threshold our young men and women volunteer employed. The only line the President for a mother and father with two chil- to risk their lives in foreign lands to delivered a week ago that I remember dren is an annual income of $22,000 a try to bring peace. got a standing ovation from both sides year. That is less than $2,000 a month. In addition to that, we have been en- is when the President said let’s So for that family of four, what we are gaged for over a century in helping incentivize employers to hire our vet- seeing is 46 million Americans make other countries that are struggling. I erans. Everybody stood up. We know less than that. I think all of us under- just received a handwritten letter from that is the right thing. They served our stand how difficult it is in this day and two grade school children in Illinois country, they came home, and we age to survive and raise a family, but about those who are starving in Soma- ought to give them a hand to help this national poverty rate should be a lia. It was a heartfelt letter, asking me them. That is part of the President’s wake-up call to us. I hope it puts a cou- to do something. That is not unusual. plan. ple of things in perspective. It is a sentiment expressed over and But he went beyond that and said if I spoke on the floor yesterday about over again in our country. We need to people have been unemployed and an visiting a warehouse in Champagne, IL, have the same empathy and the same employer is willing to hire them, let us a warehouse for the food depositories compassion for our own in America. give them a tax credit to do it. The in the area. It is a warehouse where What that means is not only saying President is moving tax benefits to they process and send out food for food good things and perhaps helping small businesses, the so-called job cre- pantries that are managed by local through our churches and other char- ators we hear so much about, and I be- groups, churches and the like. Almost ities, but also making certain that the lieve they are, as well as to working every State has them—I am sure they safety net programs in our country are families. But it is all paid for. This is do. I was in this warehouse during the there for those who are struggling. We where many Republicans take excep- August recess to talk about the in- are engaged in a mighty debate now tion. creased volume of people who are going about deficit reduction. I have been How does the President pay for get- to food pantries on a regular basis. I part of it for a little while in some ca- ting America back to work? He asked visit these food pantries to introduce pacities. I keep reminding those who for sacrifice from the wealthiest people myself to those who are coming in and are in the debate that there are some in America. There are some members to learn as much as they want to tell programs that are absolutely essential. of the Republican Party who would not me about their circumstances. Some of them are obvious: the food impose 1 penny more in taxes on the At this warehouse in Champagne, IL, stamp program, to make sure the lady wealthiest people in America. They are was a woman who was very attractive I mentioned and others like her have prepared to see every other family in and well-dressed, standing there, and I enough food for their children; the America sacrifice except for those who assumed she worked at the warehouse. Medicaid Program, which provides can sacrifice without feeling any pain It turned out I was wrong because she health insurance for one-third of Amer- in their lives. I don’t think that is fair said at one point she was a teacher’s ica’s children. In Illinois it pays for and I think the President is right. aide in the local school district. I over 50 percent of births and it takes Those who are making the highest in- thought, Why is she here? I kept think- care of our elderly when they are in a comes in America should join with

VerDate Mar 15 2010 23:38 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.003 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5640 CONGRESSIONAL RECORD — SENATE September 15, 2011 every other family in America and help fierce for helicopters to land. Then- THE ECONOMY us get beyond this recession. Corporal Meyer requested permission Mr. MCCONNELL. It has been 1 week Also, the President starts elimi- to enter the zone of fire to come to now since the President unveiled his nating the subsidies, the Federal sub- their aid four times, and four times his second stimulus. Today, 1 week later, sidies for oil companies. I don’t have to request was denied. After four denials White House aides are expected to hold remind Americans what the price of he decided to go anyway, in an armored a briefing to explain it all to the Demo- gasoline is; they know it. In Illinois it vehicle mounted with a .50-caliber ma- crats who do not understand the de- is over $4 a gallon in many places I chine gun with one other marine as a tails. traveled to during the recess. These oil driver. Twice they attempted to reach One would think they would want to companies are witnessing the highest their comrades and twice were forced be briefed on details before the Presi- profits in the history of American busi- back by bullets, rocket-propelled gre- dent demanded they pass it right away, ness. The President has said, and I nades, and mortars. A bullet hit the ve- not after. Then, again, the White House agree: It is time to cut the Federal sub- hicle’s gun turret, striking Corporal probably expected stronger support sidy, the tax subsidy for oil companies, Meyer’s elbow with shrapnel. Ignoring from Democrats than it has gotten so these profitable companies that make his injury, he left the vehicle and far. After all, this bill’s top selling so much money for their shareholders charged ahead alone to rescue his fel- point, according to the President, is and give so many bonuses to their offi- low fighters. Under intense enemy fire, that both parties should like it. Yet so cers. he reached a trench where helicopter far the only thing both parties in Con- Many Republicans object. They do pilots had reported their position. gress seem to agree on is there has to not want to raise taxes on the oil com- There he found his three fellow ma- be a better way. Earlier this week, after several of us panies. They do not want to raise taxes rines and a Navy hospital corpsman all suggested the President would have a on the wealthiest people in America. I dead from gunshot wounds. Still under think they ought to put it in perspec- hard time convincing Members of his fire, Corporal Meyer carried their bod- own party to support this plan, a num- tive. If we can help middle-income and ies back to a humvee with the help of working families get through the reces- ber of them have proved us right. While Afghan troops and escorted them to a the President was in Ohio insisting sion, stop living paycheck to paycheck forward-operating base about 1 mile and have a little bit of a cushion in over and over that Congress pass the away. He was determined to fulfill the bill, it seemed as though the only their lives, if we can give small busi- Marines’ credo, to never leave a marine nesses incentive to hire Americans and Democrats who were even willing to behind. Corporal Meyer and the three talk about it on Capitol Hill were tear- turn this economy around, that is what marines whom he refused to abandon America needs. Let’s get beyond the ing it apart. We had the Democratic all knew each other well and worked majority leader basically treating it rhetoric that has stalled efforts in together in the same four-man training like a legislative afterthought. One Washington. Let’s get beyond the ob- team. He considered them close freshman Senator called parts of the structionism and the obstacles. Let us friends. bill frustrating and unfair. Another finally work together with the Presi- In addition to the four Americans Democrat called a central part of the dent’s leadership and come up with a bill terrible. One veteran Democrat was plan to put America back to work. Corporal Meyer pulled out of the fire- fight, a U.S. Army soldier and at least tamping down expectations of it pass- I yield the floor. ing in one piece. Another veteran Dem- The PRESIDING OFFICER. The Re- eight Afghan troops plus an Afghan in- ocrat suggested a completely different publican leader is recognized. terpreter were killed in the attack. They had faced more than 50 enemy in- approach to jobs. I know the President f surgents armed with machine guns, as- and his advisers are keen on this idea TRIBUTE TO SERGEANT DAKOTA sault rifles, and rocket-propelled gre- of making Republicans look bad, but MEYER nades during a 6-hour firefight. from what I can tell, he has a big prob- lem at the moment lining up sup- Mr. MCCONNELL. In a ceremony at Now a sergeant, Meyer combines his porters in his own party. the White House this afternoon, SGT great heroism with great humility. He That brings me to the real issue. The Dakota Meyer of the U.S. Marine Corps said: truth is, the President has a problem will become the first living Marine re- that no amount of political cipient of the Medal of Honor, our Na- This isn’t about me. If anything comes out of it for me, it’s for those guys. strategizing can solve: His economic tion’s highest award for valor, the first policies simply have not worked. Yet recipient in 41 years. He left Active-Duty service in June he and his advisers seem to be the only The Medal of Honor is awarded for 2010 and currently serves in the Inac- folks in Washington who are not ready conspicuous gallantry and bravery at tive Ready Reserve of the U.S. Marine to admit it. We are in the middle of a the risk of one’s own life, above and be- Corps Reserve. crisis. The average length of unemploy- yond the call of duty. ment is at an alltime high. Median in- Every American can be proud of Ser- I know my colleagues join me in sa- luting SGT Dakota Meyer for his ex- come is going down instead of up. Pov- geant Meyer, age 23, for his exceptional erty levels are higher than they have valor in combat in Afghanistan. I am traordinary display of selfless valor, for which he will be awarded the Medal ever been in two decades. Millions of particularly proud that Sergeant Americans cannot find work. The num- Meyer is a Kentuckian. I am honored of Honor at a White House ceremony this afternoon. He may not think of bers just keep getting worse and the that heroes like him come from the President’s solution is to demand an- Bluegrass State. Sergeant Meyer hails himself as a hero, but his country cer- tainly does. His heroism and meri- other Washington stimulus bill. Is that from Columbia, KY, and is a 2006 grad- because the first one worked out so uate of Green County High School torious service has already been recog- nized in the many awards, medals, and well? where he played on the football team. The first stimulus is a national decorations he has received, including On September 8, 2009, his unit assign- punch line: turtle tunnels, sidewalks to the Purple Heart Medal, the Navy and ment was with Marine Embedded nowhere, and now we are hearing re- Marine Corps Commendation Medal Training Team 2–8, Regional Corps Ad- ports that the White House fast- with ‘‘V’’ Device for valor, the Navy visory Command 3–7, operating in tracked a $1⁄2 billion loan to a politi- Kunar Province, Afghanistan. That day and Marine Corps Achievement Medal, cally connected energy firm that their he was sent to aid a group of marines, the Good Conduct Medal, and the Com- own analyst said was not ready for soldiers, and Afghans trapped under bat Action Ribbon. prime time. This place, this energy heavy enemy fire from three different His fellow Kentuckians and an entire firm, was supposed to be the poster sides. ‘‘We’re surrounded,’’ one of them grateful Nation thank him for his serv- child of how the original stimulus broadcast over the radio. ‘‘They’re ice. Brave men and women like him would create jobs. Now it is bankrupt moving in on us.’’ honor us and our country and make us and most of its 1,100 employees are out Air support to assist the Marines was proud that America boasts the finest of work. And they want another stim- unavailable, as the fighting was too Armed Forces in the world. ulus?

VerDate Mar 15 2010 23:38 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.003 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5641 Even if we do not know about any of ate good jobs and Washington cannot about student progress that puts the the waste or the alleged cronyism, here create better schools, but Washington spotlight on success and puts the spot- is the bottom line: 21⁄2 years after the can create an environment in which light on where work needs to be done. President signed the first stimulus, others can create good jobs and envi- In addition, many States and school there are 1.7 million fewer jobs in this ronments in which teachers and prin- districts are finding ways to reward country. That is 1.7 million fewer jobs cipals and students and communities outstanding teaching and school lead- after borrowing and spending $825 bil- can create better schools, along with ership and to include student perform- lion to create them. What more do we their parents. ance as a part of that evaluation. As need to know than that? We have done A good place for Washington to start common sense as that idea may seem, that. We have gone down that road be- is with the five pieces of legislation we it was not until Tennessee created the fore. Shouldn’t we try something dif- introduced today to fix the law known Master Teacher Program in 1984 that ferent? How about we do what just as No Child Left Behind. No Child Left one State paid one teacher one penny about every job creator in America is Behind was a bipartisan effort in 2001 more for teaching well. All the spon- telling us they need in order to create and 2002. President Bush and Demo- sors of the five pieces of legislation we jobs? Tax reform. Loosening the grip of cratic Members of the Senate and the introduced today are Republicans. government regulations and free-trade House and Republicans as well agreed Many of the ideas were either first ad- agreements. That is how we will create on it. By the 2013–14 school year, the vanced or have been worked out in con- a better environment for jobs in our law said that all 50 million students in cert with President Obama and with country. It might mean the President nearly 100,000 public schools would be his excellent Education Secretary, doesn’t get his tax hikes, but it would proficient in reading and math. There Arne Duncan, as well as with Demo- mean more jobs. would be State standards, tests to cratic Senators here and with Repub- I know some people sometimes get measure performance against those lican and Democratic colleagues in the attached to a single idea, and this standards, and requirements that the House. In other words, we have made a President seems to have come into of- more than 3,000 teachers in America be lot of progress. fice with one big idea; that there is not highly qualified. There would be school In the Senate, my judgment is that a problem we have in this country that report cards, disaggregated by sub- we are not far from agreement on a bi- bigger government cannot solve. At a groups of students, and schools that partisan bill, with most of the dif- certain point, we have to take stock. failed to make what was called ade- ferences of opinion centering around We have to check the results and see quate yearly progress would receive what I would characterize as provisions how we are doing. I think it is pretty Federal sanctions. There would also be that would create a national school clear to most people what the results more choices of schools and charter board. We on the Republican side want suggest. It is time to change course. schools for parents. to continue to work with our col- I yield the floor. During the last 9 years, Federal fund- leagues across the aisle and in the The PRESIDING OFFICER. The Sen- ing for elementary and secondary edu- House. Our purpose in offering our ator from Illinois is recognized. cation programs has increased by 73 ideas is to spur progress so we can f percent, while student achievement has enact a bill before the end of the year. stayed relatively flat. Our legislative The House of Representatives has ORDER OF PROCEDURE proposals would set a new, realistic, passed its first bill to fix No Child Left Mr. DURBIN. Mr. President, how but challenging goal to help all stu- Behind with bipartisan support. It much time is remaining on the Demo- dents succeed and to end the Federal would expand charter schools and is cratic side? mandates which have Washington, DC similar to the charter school bill Sen- The PRESIDING OFFICER. There is deciding which students and teachers ator KIRK will introduce today. The 181⁄2 minutes remaining on the Demo- are succeeding and failing. President has met with us and given us cratic side. Our legislation would require States his blueprint. The Secretary has Mr. DURBIN. I see several of my Re- to have high standards that promote warned us that, under existing law, publican colleagues, and I would like college and career readiness for all stu- most schools will be labeled as failing to ask unanimous consent that they be dents and would continue the reporting within a few years, and he is proposing allowed to use their morning business of student progress so parents, teach- to use his waiver authority to avoid time and our 181⁄2 minutes remaining be ers, and communities can know wheth- that. The Secretary clearly has that preserved until after their speeches. er students are succeeding. It would en- waiver authority under the law, and I The PRESIDING OFFICER. Without courage teacher and principal evalua- support his use of it in appropriate objection, it is so ordered. tion systems, relating especially to ways. The senior Senator from Tennessee is student achievement, and would re- I am introducing legislation today to recognized. place the Federal definition of a highly make it clear that the appropriate use Mr. ALEXANDER. Mr. President, the qualified teacher. It would consolidate means using the waiver to accept or re- Republican Senators have come to talk Federal programs and make it easier to ject State proposals based upon wheth- about education, No Child Left Behind, transfer funds within local school dis- er those proposals enhance student and I ask consent to engage in a col- tricts. It would expand charter schools achievement and not to impose a new loquy. and give parents more choices. For the set of Washington mandates. But the The PRESIDING OFFICER. Without bottom 5 percent of schools, the Fed- best way for us to relieve the Secretary objection, it is so ordered. eral Government would help States of the need to consider waivers and to Mr. ALEXANDER. The Senators who turn them around. Much has happened help American children learn what will be here will be Senator ISAKSON, during the last 10 years, and it is time they need to know is for us to work to- Senator BURR, Senator KIRK, and Sen- to transfer back to States and to local gether in the Senate and in the House ator ENZI. Will you let each of us know governments the responsibility for de- to fix No Child Left Behind. when we have consumed 5 minutes? ciding whether schools and teachers Mr. President, I ask unanimous con- The PRESIDING OFFICER. The are succeeding or failing. sent to have printed in the RECORD fol- Chair will do so. Since 2002, 44 States have adopted lowing my remarks, and following the f common core academic standards. Two remarks of all the Senators, the fol- groups of States are developing com- lowing documents: Why we need to fix REFORM OF NO CHILD LEFT mon tests to see whether the students No Child Left Behind; how the environ- BEHIND are meeting those standards, and more ment has changed in the past 10 years; Mr. ALEXANDER. Mr. President, in than 30 States are working together to a summary of the nine proposals Sec- the world in which we live, every develop common principles for holding retary Duncan, Senator HARKIN, Sen- American’s job is on the line. As every schools and districts accountable for ator ENZI, and others of us have worked American knows, better schools mean student achievement. Thanks to No on; a summary of the legislation intro- better jobs. Schools and jobs are alike Child Left Behind, we now have several duced by Senator ISAKSON to fix title I; in this sense: Washington cannot cre- years of school-by-school information a summary of the legislation that I am

VerDate Mar 15 2010 23:38 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.006 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5642 CONGRESSIONAL RECORD — SENATE September 15, 2011 a principal sponsor of to fix title II; a Disaggregation of students, first of what the assessment vehicle is that summary of Senator BURR’s proposal all, was critically important. Public best measures the assessment of that on titles II and IV; a summary of Sen- education in the United States prior to child—not a single, one-size-fits-all, ator KIRK’s legislation on charter the No Child Left Behind law exhibited paper-and-pencil test. That is going to schools; and a summary of the legisla- school systems and schools that basi- ensure that IDEA students get the in- tion that I am also introducing on cally hid behind mean average scores dividual attention they deserve and the waivers. or an ITBS mean average score. This measurement against the individual The PRESIDING OFFICER. Without comparison of ITBS test scores to disabilities they have that is appro- objection, it is so ordered. other States in the Nation is an aggre- priate as approved by their parents, (See exhibit 1.) gation of all students’ performance and their teacher, and their school, and it The PRESIDING OFFICER. The Sen- an averaging of that performance. It will make a remarkable difference for ator’s 2 minutes has expired. took the eye off the ball and the indi- IDEA kids. Mr. ALEXANDER. Mr. President, vidual student. I am very proud of that provision and Senator ISAKSON of Georgia has a dis- So what No Child Left Behind says is, the flexibility it gives to the system to tinguished career in education, not just test every student and disaggregate assess appropriately rather than force as a leader in the Senate of Georgia, them by sex, race, disability, by non- a one-size-fits-all test against 98 per- but as chairman of the Georgia School English-speaking, and rate each cent of our children with disabilities. Board, appointed by Gov. Zell Miller, disaggregated group by AYP. If only So to repeat what I said at the begin- and as a former Member of the House one school fails to make adequate ning—— of Representatives who was a key au- progress, then the whole school goes to The PRESIDING OFFICER. The Sen- thor of No Child Left Behind when it ‘‘needs improvement.’’ So we have a lot ator’s 5 minutes has expired. was enacted in 2002. of schools labeled ‘‘needs improve- Mr. ISAKSON. It is a good time for The PRESIDING OFFICER. The Sen- me to repeat what I said at the begin- ator from Georgia. ment’’ while making the best improve- Mr. ISAKSON. Mr. President, I thank ment they have ever made. So it is ning. I am proud to be building on the the great Senator from the State of time to end AYP, but it is not time to success of No Child Left Behind, and I Tennessee for his recognition and end disaggregation or the test scores. am proud that Senator ALEXANDER has whose own record in education is quite The greatest accountability meas- taken leadership on this committee to distinguished, including his tenure as a ure—and all of us as politicians know move forward on this reauthorization university president at the University it—is transparency. This bill will re- of IDEA and No Child Left Behind. of Tennessee, to his leadership on the quire the transparency of all the test Mr. ALEXANDER. Mr. President, I Health, Education, Labor, and Pen- scores of each individual child and the thank Senator ISAKSON for his leader- sions Committee, and, obviously, his transparency of each individual in each ship in education in the State of Geor- service as Secretary of Education for individual disaggregated group to en- gia and on this bill. the United States of America. sure we continue to know how our kids Senator RICHARD BURR of North I appreciate the reference to 10 years are doing and compare them on a year- Carolina has focused on elementary ago when we wrote No Child Left Be- to-year basis. But we do away with and secondary education for many hind. There were nine of us, five Repub- ‘‘needs improvement’’ because it has years, especially on making it easier licans and four Democrats, who locked served its purpose. for local school districts to use the ourselves up in the House Education Now, on disaggregated groups there Federal dollars that are made available Committee offices for about 6 weeks is one other thing the title I change and on finding ways to encourage stu- writing the document that became the does that I want to particularly em- dent and teacher evaluation. He is in- law of the land, and it has served the phasize on the Senate floor today. The troducing a bill, which I am proud to country well for 20 years. biggest disaggregated group in terms of cosponsor, amending titles II and IV of A title I provision of that is the free causing schools or systems to fall the Elementary and Secondary Edu- and reduced lunch provision, which is under ‘‘needs improvement’’ is those cation Act. the main title of the Elementary and special needs children considered under Mr. BURR. Mr. President, I thank Secondary Education Act, and it is the IDEA or the Individuals With Disabil- the Senator from a State once owned main title that delivers educational en- ities Act. They are all individuals who by North Carolina, and a distinguished titlements, requirements, and regula- have an individual disability that af- Member of this August body. tions under No Child Left Behind. fects their academic achievement or What are we doing here today? We The reason I am the principal spon- their ability to learn. are responding to what every CEO has sor of the removal—not the removal When we passed IDEA in 1978, if I re- said and every local leader has said and but the reform—of title I is because No member correctly, through Public Law every parent has said: If you want a fu- Child Left Behind requirements under 94–192, we dictated that we would give ture in this country, you have to fix K– title 1 have worked and it is time to go special emphasis and training to those 12 education. We have to make sure to the next step. I wish to be very spe- special needs kids and try and identify every child in this country has the cific about saying it has worked. their special needs and meet them foundational knowledge to meet what- As everyone knows, adequate yearly within the public education system. ever challenge they are faced with in a progress, or AYP, is the goal of title I, When No Child Left Behind lifetime. to see to it that every child every year disaggregated them into a single group Washington is good at coming up is making adequate yearly progress to- and tested them, we tested 98 percent with new programs and, to be honest, ward improvements in reading com- of them with the same paper and pencil when we look back over the history of prehension and mathematics. When we test. These are kids with a plethora of the last couple decades, every year we started AYP, we knew when we wrote disabilities that one single test could come up with a new program to fix K– it that if the bill worked, it would be- not possibly meet. We gave a 2 percent 12. What is obvious? We never fix it. come harder and harder and harder to cognitive waiver, disability waiver, so But what we hear loudly and clearly reach AYP because the baseline was they could have an alternative assess- from people who are on the front being built every single year. ment for up to 2 percent of the stu- lines—those elected and those non- The reason Senator ALEXANDER dents, but 98 percent had to take the elected and those who are charged with talked about so many schools falling same test. educating our children—is give them into ‘‘needs improvement’’ is because This reform of the IDEA portion of flexibility. We can’t design one pro- we pushed the achievement level so title I of No Child Left Behind simply gram in Washington that works in Ra- high that meeting AYP on a con- says this: Every year, at the beginning leigh, NC, and works in Knoxville, TN, tinuing and improving basis is dif- of the school year, when the parent and much less in rural North Carolina or ficult. So it is time to terminate AYP the teacher and the school meet to put rural Tennessee. as a requirement of the bill, but it is out the individual education plan, the What I propose is very simple: that 59 not time to throw out the system that IAP for that student, the parent, the pots of money, 59 different programs, made it work. teacher, and the school will determine be merged into two pots, and that

VerDate Mar 15 2010 23:38 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.007 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5643 those local school systems have the thorizations, and are in substantial need of that results in nothing. But everyone flexibility and the capability to choose rewriting. Your effort to simplify and clarify recognizes the importance of education what they are going to use that money the purposes and flexibilities within these and recognizes that there has been a key programs is noteworthy. significant effort made since 1965 with for to educate our kids. What a novel With budgetary constraints faced at all thought, that we would take the people levels of government, streamlining federal K–12 education. It has been renewed on the front line—for the first time, I requirements, providing predictable and con- several times. In every single instance, am suggesting that Washington give up solidated formula-based funding streams to it has been renewed in a very bipar- the power we have to say: You do it our local school districts, and ensuring local dis- tisan way. We want that to continue to way or you will not get the money. trict decision making in the use of funds happen. The value of the Senate and We are faced in the future with some under your bill is particularly welcome. the House is to have a lot of different degree of austerity. We are not going The PRESIDING OFFICER. The Sen- opinions on how something can be done to have the money to throw it out and ator’s time has expired. and then to bring those together to see what works. But that is Washing- Mr. BURR. I urge my colleagues to form something usable in whatever ton’s typical response. Now it is time read these bills. Look at your school area we are working on. to begin to focus not on that we think systems. Make a decision that is right I cannot thank Senators ALEXANDER, works but what the teachers and the for the future of every child in this ISAKSON, BURR, and KIRK enough for principals and the elected officials lo- country and support our reauthoriza- the work they have done in this area. cally, but more importantly, the com- tion efforts. It does help us to focus, and I am work- munity decides works. I thank the Senator from Tennessee. ing with Senator HARKIN to try to Senator ISAKSON alluded to a number Mr. ALEXANDER. Mr. President, I come up with a bipartisan bill. I think of factors we use as to how we gauge thank the Senator from North Caro- we have been making good progress. I success or failure. I will tell my col- lina, Mr. BURR, for his insight and lead- have used the nine core components of leagues the gauge we ought to have: ership on how we help create an envi- these bills that Senator ALEXANDER What does a parent think? The likeli- ronment in which teachers, parents, mentioned as reasons for stepping back hood is that by the time we get those principals, and community leaders can and taking a look at what we are doing standard tests, it is probably too late make schools better, rather than to make sure the States can have as to fix it for their kids, but it may fix it through orders sent from Washington much of a role as possible, but the local for somebody else’s. telling them how to do that. people have an even greater role in What we are attempting to do today Senator KIRK from Illinois will be what is happening in education. That is as we reform K–12 education through here in a few minutes to introduce the where we are trying to keep the focus, these bills is to lay the gauntlet down charter school bill, which is the same and this has been very helpful in my and say that no child will be exposed to bill that passed the House of Rep- discussions with Senator HARKIN, to make sure we stay on track with those an inferior education in the future be- resentatives yesterday with 365 votes things. cause we are going to empower—not in a bipartisan way. As I mentioned at the outset, our Senator ALEXANDER mentioned the Washington—we are going to empower nine things. Secretary Duncan traveled the local community. purpose is to get things moving. We think there ought to be a law before through most of the United States Again, what I am simply doing in the holding listening sessions to find out the end of the year that fixes No Child Empowering Local Education Decision what kind of problems people had. He Left Behind. Toward that end, the sen- Making Act of 2011 is to take 59 pro- agreed that the nine things we had on ior member of the Senate Health, Edu- grams under elementary and secondary this list were the problems with No cation, Labor and Pensions Committee, education and put them into flexible Child Left Behind that needed to be foundational block grants. Some might Senator ENZI of Wyoming, began to fixed. Senator HARKIN looked at that meet quietly more than a year ago say the State is going to steal money list and agreed in the same way. off it. No. We limit it to 1.5 percent to with the chairman of the committee, We have come up with some solu- administer the program. It has a for- Senator HARKIN, and with Secretary tions, and those need to be put in a mula that satisfies exactly how this Duncan and, on some occasions, with bill, and that bill needs to be passed money is going to be distributed so it the President. They were able to come this year. Next year we get into Presi- is done fairly. to a good deal of agreement about fix- dential elections. I cannot see where Where we don’t exercise Washington ing No Child Left Behind, and then, on that is going to make things more bi- authority is we don’t tell the local the nine areas we would focus on, partisan or help education. There are a school system: Here is the only way which I put into the RECORD a few min- number of things that No Child Left you can use it. We say to the local utes ago. Behind did. One is the disaggregation, school system: Here are 59 programs. Senator ENZI is here now, and I which did show some problems across You pick the ones that best fit what thought he might want to speak about the country, where kids were being left your needs are in your community. In that effort. While all of us who are in- behind. A lot of times when we focus on addition to that, those two pots of troducing these bills today are Repub- education, we focus on the State and money we have created are 100 percent licans, we are only doing this as a way on the school district. Once in a while transferable. If you feel that one pot of moving the process forward and are we focus on the school. But what we doesn’t meet the need which might be hoping to attract Democratic support have been trying to do is get the focus in your area, then you can shift all of so we can end up with a bipartisan re- on the kid to make sure our children that money over to the other pot. So if sult. I believe, at the same time, that are learning what they need to know to you believe that focusing on teacher Senator ENZI is continuing to meet be able to survive. That is one of the quality is better versus students, you with Senator HARKIN, the chairman of places we will be able to greatly im- have the flexibility to do it without the committee, with the hope that we prove as we move on in this effort. asking us for a waiver. In addition to will achieve that bipartisan result. One of the surprises to everybody that, if title I is where you need addi- The PRESIDING OFFICER. The Sen- will probably be to find out that the tional funds, both pots of money are ator from Wyoming. Federal Government only requires one transitional to title I for additional Mr. ENZI. Mr. President, I wish to Federal test. You always hear about all support for at-risk kids. thank the Senators who have spoken the testing the kids have to take That is something we have never for all of their efforts and thought. A across the Nation. A lot of that is lo- done. Just this week I received a letter lot of times people think that what is cally imposed, but they are tests they from the Council of Great City Schools, being discussed on the floor is the only think are necessary. But the Federal a coalition, by the way, of our Nation’s thing that is happening in the Con- Government says you need to have one largest central school districts. In gress. There are things happening in at the end of the year, and that is what their letter they wrote this: the background that are probably we have concentrated on with the Both Title II and Title IV of the Elemen- achieving more than the debates that disaggregation. tary Secondary Education Act have become happen here. A lot of times what people There have been a lot of surprises for unwieldy and unfocused over the past au- get to see here is the blood on the floor people as they actually take a look at

VerDate Mar 15 2010 23:38 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.007 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5644 CONGRESSIONAL RECORD — SENATE September 15, 2011 what that rather voluminous bill has charter school. I think we should set a how schools and students are performing by in it. I think we are moving to a point goal of at least 50 percent having that race, income, English proficiency and dis- where we should be able to get some- opportunity. ability. This makes it easier to identify the thing done and get something done rel- Recently, I was able to visit the achievement gaps and target efforts to ad- dress problems. atively quickly. Again, it will be be- Noble Street School, also another 4. Auditing: All states are participating in cause of the work of these people who school which was represented about 99 the National Assessment of Educational have put together some bills to bring percent African American, with over- Progress, NAEP/Nation’s Report Card, which attention to some very specific parts whelmingly free and reduced-lunch serves as an audit of the quality of state that need improvement. I thank them kids. This school is outperforming all standards and assessments. for doing that. of its peers, despite not having any se- 5. Robust Awareness: Because of data, par- I yield the floor. lection criteria, and being able to take ents, teachers, principals, legislators, and Mr. ALEXANDER. Mr. President, I Governors are paying more attention to edu- kids from all walks of life, including cation issues, and thus holding their dis- thank Senator ENZI and I thank him special-needs kids. tricts, schools, and teachers accountable. for his leadership and the constructive We are seeing something working 6. Charter School Growth: The number of way he and Senator HARKIN are work- here. Mayor Emanuel sees it. I see it. students enrolled in public charter schools ing together. That is why in the House of Represent- has more than tripled to 1.4 million and the I should emphasize, as I said in my atives, when the companion legislation percentage of all public schools that were remarks, the respect all of us have for was considered, 365 Representatives, in- charter schools has increased from 2% to 5%, Secretary Duncan. He has done a ter- cluding well over 100 Democratic rep- comprising 4,700 schools nationwide. rific job staying in touch with us with- 7. School Choice: Not much, but some resentatives, supported our charter growth in school choice (i.e. Milwaukee, out regard to political party, and the school bill. We are introducing the Florida). President and he have stuck their companion bill over here. I am hoping WHAT THE NATION HAS LEARNED FROM NO necks out on some issues that are not for equal amounts of bipartisan sup- CHILD LEFT BEHIND: THE GOOD AND THE BAD entirely popular with their Democratic port because what we see is working in THE GOOD constituency. We respect that as well. Chicago can work elsewhere. As I said, our effort is to take these Disaggregated Reporting: The disaggrega- The charter school movement has tion of data by subgroups has allowed us to ideas and recognize we are in the ninth generally focused on inner cities. But I see how all students are performing. year of a bill that was supposed to be want to make sure charter schools are Annual Assessments: Provides basic infor- fixed after 5 years, and to get it done offered to kids in Peoria, in Spring- mation on the performance of students in before the end of the year. field, in Rockford, and in Metro East. mathematics, English/Language Arts, and One example of what we could do the So the kind of success we are seeing Science. Senator from Illinois will talk about. Public Reporting: Increased public report- here—8 out of 10 top performers being ing of state, district, and school performance He has been the leader on expanding charter schools for nonselective public opportunities for parents and commu- has provided the public with better informa- high schools—is something I think we tion on the quality of local schools. nities to use charter schools. The should have offered here. That is why I Parental Involvement: Provides greater in- House of Representatives acted on that applaud our ranking member and espe- formation to improve parental involvement bill yesterday. cially Senator ALEXANDER for putting in school-level decisions. Senator KIRK. together this group of bills to offer THE BAD Mr. KIRK. Mr. President, joining as higher education performance for Goal of 100% Proficiency by 2014: Sets un- part of this effort, I think we need to America’s kids, especially in the tough realistic and unproductive mandate that all reform No Child Left Behind and that global political environment they will students are proficient by 2014. we should focus on making sure we pre- be in. Adequate Yearly Progress (AYP): Rigid serve disclosure and the right of par- federal mandates of how to achieve pro- With that, I yield back to our leader ficiency and tells states from Washington ents to know how their schools are on this joint effort and the ranking mi- doing, without destroying the school, which schools are succeeding and which are nority member and thank them for the failing. without having an AYP measurement opportunity to speak. Highly-Qualified Teachers (HQT): Onerous that somehow says most, if not all, Mr. ALEXANDER. Mr. President, federal definition of what constitutes a schools are failing. how much time is remaining? qualified teacher. As part of this effort, I am intro- The PRESIDING OFFICER. Fifteen Unfunded Mandates: Federal mandates far ducing the Empowering Parents seconds. exceed the 9–10% federal investment in edu- Through Quality Charter Schools Act cation. Mr. ALEXANDER. Thank you, Mr. Ineffective spending: Dedicates billions in to emphasize charter schools and to President. Every American knows that make sure their opportunities are more limited federal dollars to small and ineffec- every American’s job is on the line. tive programs that don’t have a record of widely available to parents and chil- Every American knows that better success. dren, especially in inner cities. schools mean better jobs. We are ready WHY WE NEED TO FIX NO CHILD LEFT BEHIND This is a chart I have in the Chamber to work with the President and with 100% proficiency by 2014 will not happen. that shows the top 10 nonselective— our Democratic colleagues to create an Adequate Yearly Progress with its pre- meaning they take everyone—public environment for better schools in this scriptive 64-part formula will result in every high schools in Chicago. They are country by fixing No Child Left Be- school getting a failing grade. ranked in order of ACT scores. You can hind. Teachers focus too much on testing and no see from the chart, Lincoln Park High Mr. President, I yield the floor. one understands what the results mean. School is No. 1, not a charter school. Sanctions impact rural schools more. EXHIBIT 1 But in the top 10, 8 of them are charter Highly Qualified Teacher requirements create unusual restrictions particularly with schools, and these are in some of the ELEMENTARY AND SECONDARY EDUCATION: HOW HAS THE ENVIRONMENT CHANGED OVER respect to rural, special education, and toughest neighborhoods in Chicago. THE PAST 10 YEARS? English as a second language teachers. That is why this is one of the No. 1 1. Standards: All states have content State and local flexibility is limited and issues being discussed right now in Chi- standards in place for reading/language arts there are duplicative and overlapping pro- cago. Mayor Emanuel is doing an out- and mathematics. 44 States are working to- grams. standing job of leading a reform effort gether in a Common Core state-led effort to Allowable uses of federal funds are too lim- to make charter schools more avail- improve their standards. ited and restrictive. able, to expand the day of instruction, 2. Assessments: All states are conducting One size fits all mentality of Washington’s ‘‘good’’ ideas. We need local solutions. and to expand the number of days in annual assessments in reading/language arts and mathematics that are aligned to state Parents are too often left out of the equa- the school year because right now tion. Chicagoland suffers from some of the standards and are publicly reporting their results. Two groups of states are working to- HOW TO FIX ‘‘NO CHILD LEFT BEHIND’’ lowest numbers of days of instruction gether to develop common assessments 1. Set a new, realistic but challenging goal in the country. Right now, for example, aligned to the Common Core standards. to help all students succeed. in Chicagoland, only about 10 percent 3. Data: Disaggregation of data by states 2. Free 95% of schools (91,000 schools) from of kids have the opportunity to go to a and districts provides greater information on the federal requirement of conforming to a

VerDate Mar 15 2010 23:38 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.009 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5645 federally-defined adequate yearly progress tus to maintain public accountability for all Reduces Paperwork & Federal Intrusion: mandate. student subgroups. Unnecessary and irrele- The bill dramatically simplifies the Title I 3. The federal government will help states vant federal reporting requirements will be State plans that are submitted to the Sec- fix the bottom 5% of their schools (4,500 eliminated. retary to reduce unnecessary paperwork and schools). 7. Provide school districts with the ability frees states from Washington interference. to transfer funds more efficiently among the 4. Require states to have high standards THE TEACHER AND PRINCIPAL IMPROVEMENT five largest federal education programs. that promote college and career readiness for ACT OF 2011 all students. School districts will have more flexibility to 5. Encourage the creation of state and meet their local needs by transferring funds PREPARING, TRAINING, AND RECRUITING EFFEC- school district teacher and principal evalua- among the 5 major federal education pro- TIVE TEACHERS AND PRINCIPALS TO IMPROVE tion systems to replace federal highly quali- grams. This will allow school districts to STUDENT ACHIEVEMENT fied teacher requirements. better target federal resources to improve Addressing State and local needs for teach- 6. Continue necessary reporting so that student academic achievement. er and principal training: States and local parents, teachers, schools, legislators, and 8. Consolidate and streamline almost 60 school districts will conduct a needs assess- communities receive good information on programs within NCLB to allow State and ment to determine what professional devel- schools. local leaders to meet student needs in their opment teachers and principals need to im- 7. Provide school districts with the ability states and districts. Consolidate the pro- prove student achievement and then target to transfer funds more efficiently among the grams authorized in NCLB into flexible fund- resources to meet those needs. five largest federal education programs. ing streams that allow States and local Supports the State-led Development of 8. Consolidate and streamline more than 80 school districts to fund locally-determined Teacher/Principal Evaluation Systems: programs within NCLB and eliminate those programs that meet the unique and specific States and local school districts are empow- that are duplicative and unnecessary. needs of the students in their States and dis- ered to develop their own teacher and prin- 9. Empower parents. tricts. cipal evaluation systems that are based sig- 9. Empower parents. Parents will receive HOW TO FIX ‘‘NO CHILD LEFT BEHIND’’ nificantly on student academic achievement. meaningful information on the performance The Federal Government would be prohibited 1. Set a new, realistic but challenging goal of their children’s schools so they can be from regulating or controlling those state to help all students succeed. Establish a na- more effectively involved in their children’s and local evaluation systems, allowing local tional goal that all students will be ‘college education. The law will continue to support innovation and leadership to flourish. and career ready’ by high school graduation. the expansion of high-quality charter Maintains Strong Reporting Requirements: States will use annual reading and mathe- schools. For those parents whose children at- States and local school districts will provide matics assessments, including student tend the state-identified bottom 5% of important data on the quality and effective- growth, to measure progress toward the goal. schools, they will have the option of public ness of teachers and principals, as well as the 2. Free 95% of schools (91,000 schools) from school choice to transfer to another public results of teacher and principal evaluation the federal requirement of conforming to a school. systems if developed, to inform parents and federally-defined adequate yearly progress THE ELEMENTARY AND SECONDARY EDUCATION the community about who is teaching in the mandate. 95% of schools will no longer face AMENDMENTS ACT OF 2011 classroom and leading our schools. federal sanctions. These schools will con- EMPOWERING STATE AND LOCAL EDUCATION Teacher Incentive Fund: Authorizes the tinue annual reading and mathematics as- LEADERS TO IMPROVE PUBLIC SCHOOLS Teacher Incentive Fund to provide competi- sessments and public reporting require- Establishes College & Career Readiness tive grants for states, districts, and partner- ments. The emphasis will be on helping Goal: States are asked to develop and main- ships with private-sector organizations to states to catch these successful schools and tain academic content standards and assess- implement, improve, or expand comprehen- struggling schools doing things right, in- ments that will prepare students for college- sive performance-based compensation sys- stead of announcing their failure. and career-readiness without interference by tems for teachers and principals, while leav- 3. The federal government will help states the Federal government about whether to ing broad latitude in how states develop such fix the bottom 5% of their schools (4,500 work alone or in partnership with other systems, as well as prioritizing high-need schools). States will identify, for federal ac- states. schools. countability purposes, the bottom 5% of Empowers State and local leaders to de- Encourages Innovative Private-Sector In- schools that receive Title I funding. These velop their own accountability systems: In- volvement: Authorizes competitive grants schools will be required to choose an inter- stead of a ‘‘One Size Fits All’’ Washington- for national non-profit organizations, such vention model from a defined list of options. approach, states will develop their own sys- as Teach for America and New Leaders for The models will be broad and include options tems designed to ensure that all students New Schools, to help states and local school for rural schools and provide flexibility for graduate from high school college- and ca- districts that have a demonstrated record state innovation. reer-ready, without Federal interference or with teacher or principal preparation, profes- 4. Require states to have high standards regulations on state standards, assessments, sional development activities, and programs. that promote college and career readiness for growth models for accountability, or how to Reduces Paperwork and Federal Intrusion: all students. Require states to adopt ‘college develop teacher and principal evaluation sys- The bill dramatically simplifies the Title II and career ready’ standards that are aligned tems that are based on improving student State plans that are submitted to the Sec- with higher education, career and technical achievement. retary to reduce unnecessary paperwork and education standards, and workforce skills Eliminates Adequate Yearly Progress frees states from Washington interference. within the state. There will be no preference (AYP): The Federal government is taken out EMPOWERING LOCAL EDUCATIONAL DECISION or prohibition for states to adopt a specific of the business of determining if local MAKING ACT OF 2011 set of standards, including the Common Core schools and districts are succeeding or fail- standards. ing in educating their students by ending the State and local school districts, not Wash- 5. Encourage the creation of state and Washington-based AYP system of how to ington, D.C., are the best makers of edu- school district teacher and principal evalua- identify schools. cational decisions. Unfortunately, in the last tion systems to replace federal highly quali- Asks States to Identify the Bottom 5% of few decades, the federal government, believ- fied teacher requirements. Encourage states Lowest Performing Schools: States will be ing it knew best, has exploded the number of and school districts to develop teacher and required to identify the bottom 5% of Title I small, categorical education programs in K– principal evaluation systems to identify high receiving elementary and secondary schools, 12. Almost every year, yet another new pro- performing teachers and principals and using their state-developed accountability gram has been created in pursuit of the new- eliminate the federal ‘‘highly qualified system, and local school districts will be re- est educational rave. And with each of these teacher’’ definition. Innovative teacher and quired to implement a school improvement new programs, States and local school dis- principal pay programs will continue to be strategy for their lowest performing schools. tricts have lost flexible federal funding supported through the Teacher Incentive School districts will continue to be required sources that allow them and not the latest Fund program. to provide public school choice to students in fad to determine how best to allocate federal 6. Continue necessary reporting so that these lowest performing schools. resources to meet the unique and specific parents, teachers, schools, legislators, and Eliminates ‘‘Highly Qualified Teacher’’ Re- needs of the individual students in their communities receive good information on quirement: States will be freed from the on- States and districts. schools. States, school districts and schools erous ‘‘Highly Qualified Teacher’’ require- The Empowering Local Educational Deci- will continue to report information regard- ments and empowered to maintain and im- sion Making Act of 2011 streamlines 59 pro- ing student achievement on annual reading, prove their own teacher and principal licen- grams into 2 flexible foundational block mathematics and science assessments. Other sure and certification requirements. grants. Rather than Washington and the fed- reported information will include high Maintains Public Reporting Requirements: eral government determining funding prior- school graduation rates and teacher certifi- States and local school districts will con- ities for States and local school districts, the cation. All of this information will continue tinue to report disaggregated data on stu- Empowering Local Educational Decision to be disaggregated by race and ethnicity, dent achievement, while requiring annual re- Making Act puts locals in charge by allowing socio-economic status, disability status, port cards at the school, school district and them the flexibility to fund locally-deter- English proficiency, gender, and migrant sta- State level. mined programs and initiatives that meet

VerDate Mar 15 2010 02:49 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.002 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5646 CONGRESSIONAL RECORD — SENATE September 15, 2011 the varied and unique needs of individual while also encouraging sharing best prac- ital of Afghanistan. The U.S. Ambas- States and localities. tices between charters and traditional public sador 2 days ago then announced this FUND FOR THE IMPROVEMENT OF TEACHING AND schools. was the work of the Haqqani Network. LEARNING THE STATE INNOVATION PILOT ACT OF 2011 That is a very important factoid. Then Consolidates 34 programs into ONE flexi- The bill clarifies waiver authority that is yesterday, the Secretary of Defense ble, formula-driven Fund for the Improve- currently in the Elementary and Secondary also highlighted the Haqqani and ment of Teaching and Learning to fund lo- Education Act. The clarified waiver provi- pointed a direct finger at the Govern- cally-determined needs and initiatives re- sion authorizes State educational agencies lated to— and local school districts to submit a request ment of Pakistan and its intelligence Increasing the capacity of local school dis- to the Secretary of Education to waive any service, the ISI. tricts, schools, teachers, and principals to statutory or regulatory requirement of the It is all well known that while there provide a well-rounded and complete edu- law. are terrorists operating loosely in cation for all students. State and local leadership: The bill im- Pakistan who attack Afghans and Increasing the number of teachers and proves the waiver authority currently in law Americans, it is the Haqqani Network principals who are effective in increasing by clarifying that the waiver process is in- that enjoys the official support and student academic achievement. tended to be led by state and local requests, backing of the intelligence service of Ensuring that low-income students are not Washington mandates. served by effective teachers and principals Deference to state and local judgment: If Pakistan. and have access to a high-quality instruc- the Secretary chooses not to immediately Given this new information, and es- tional program in the core academic sub- approve a waiver request, the bill directs the pecially given the statement by the jects. Secretary to develop a peer review process U.S. Ambassador in Afghanistan, Ryan SAFE AND HEALTHY STUDENTS BLOCK GRANT that defers to state and local judgment on Crocker, and now our Secretary of De- Consolidates 25 programs into ONE flexi- waiver requests. fense, Leon Panetta, the Senate should ble, formula-driven Safe and Healthy Stu- Transparency: The bill ensures that the engage in an agonizing reappraisal of dents Block Grant to fund locally-deter- peer review process will be open and trans- military assistance to Pakistan. We mined needs and initiatives for improving parent so that it is clear what states and local school districts are asking to waive and should base our reappraisal on the students’ safety, health, and well-being dur- statements of our own Ambassador in ing and after the school day by— what peer reviewers think about those waiv- Increasing the capacity of local school dis- ers. Kabul and the Secretary of Defense tricts, schools, and local communities to cre- Prohibiting additional regulations: The himself. ate safe, healthy, supportive, and drug-free bill prohibits the Secretary from imposing With that, I yield the floor. environments. by regulation any additional requirements to The PRESIDING OFFICER. The Sen- Carrying out programs designed to im- waiver requests not authorized by Congress. ator from Missouri is recognized. prove school safety and promote students’ The bill encourages State and local edu- Mr. BLUNT. Mr. President, I want to cation leadership in developing and imple- physical and mental health well-being, talk about the disaster funding debate healthy eating and nutrition, and physical menting innovative strategies in: College and career ready academic content that is going on this week. fitness. The PRESIDING OFFICER. Without Preventing and reducing substance abuse, and achievement standards for all public ele- school violence, and bullying. mentary and secondary school students; objection, it is so ordered. Strengthening parent and community en- High-quality academic assessments that f gagement to ensure a healthy, safe, and sup- are aligned with and are designed to measure portive school environment. the performance of local educational agen- DISASTER FUNDING cies and schools in meeting those standards; ENHANCED FLEXIBILITY THROUGH FUNDING Mr. BLUNT. I appreciate the Pre- Accountability systems that are based on TRANSFERABILITY siding Officer’s recognition. those college and career ready standards, as Mr. President, this is a debate that To provide additional funding flexibility to well as other academic indicators related to State and local school districts, under the student achievement; and has become the debate as part of the Empowering Local Educational Decision Programs to improve principal and teacher Burma Sanctions Act, which if we were Making Act of 2011 districts will be able to quality and effectiveness. debating the Burma Sanctions Act I transfer up to 100% of their allocations under Mr. ALEXANDER. I suggest the ab- would also be for Burma sanctions. But the Fund for the Improvement of Teaching in the debate on disasters, Missouri has and Learning and the Safe and Healthy Stu- sence of a quorum. dents Block Grant between the two programs The PRESIDING OFFICER. The played an unfortunate leading role this or into Title I, Part A. clerk will call the roll. year of all kinds. EMPOWERING PARENTS THROUGH QUALITY The legislative clerk proceeded to We have had floods along the Mis- CHARTER SCHOOLS ACT 2011 call the roll. sissippi River. We have had floods SENATOR KIRK CHARTER SCHOOL BILL Mr. KIRK. Mr. President, I ask unan- along the Missouri River. Joplin, MO— This bill will modernize the charter school imous consent that the order for the one of the bigger cities in our State— program by encouraging the expansion of quorum call be rescinded. was hit by a tornado. We have evacu- high-quality charter schools and allowing The PRESIDING OFFICER. Without ated a place in southeast Missouri, a charter school management organizations to objection, it is so ordered. floodway called Birds Point, where, for receive assistance directly from the federal Mr. KIRK. Mr. President, I wish to the first time since 1937, the Corps of government. speak briefly on the subject of our rela- Engineers decided that 130,000 or so Modernizes the Charter School Program to tions with Pakistan. acres had to be used as a floodway. All address present realities for public school the crops that were already planted choice, by incentivizing expansion and rep- The PRESIDING OFFICER. Is there lication of successful charter models, pro- objection? and up were, obviously, destroyed as viding support for authorizers, and enhanced Without objection, it is so ordered. part of that. opportunities for facilities financing. f I was in that floodway for a couple of Encourages states to support the develop- different days in August, and I will say, ment and expansion of charter schools. PAKISTAN the resilience of Missouri farmers to Streamlines federal Charter School Pro- Mr. KIRK. Mr. President, earlier this get about 80 percent of that floodway gram funding to reduce administrative bur- week, I gave a talk based on my service back in soybeans means the economic dens and improves funding opportunities for in Afghanistan as a reservist, about the loss, the crop loss, will not be what it the replication of successful charter models and facilities assistance. growing threat of a new group to our was. But the recovery loss is substan- Allows proven, high-quality charter school forces in Afghanistan, ISAF, and the tial, as is the cost of rebuilding that management organizations to apply directly Afghan Government. It is not al-Qaida, levee back to the level it was before to the federal government, as well as local which is armed and dangerous, but a the Corps exercised the long plan that education agencies, deleting a layer of bu- shadow of its former shadow. It is not had not been used to take it down. reaucracy with the State government. the Taliban, which is still extremely Tornadoes struck St. Louis at the Facilitates the establishment of high-qual- armed and dangerous. It is a new group airport and around Lambert Field, in ity charter schools and further encourage choice, innovation and excellence in edu- called the Haqqani Network. communities around Lambert Field. cation. Recently, there was a high-profile at- Tornadoes in Joplin were significant. I Supports an evaluation of schools’ impact tack on the Afghan Government and mentioned on the floor of the Senate on students, families, and communities, ISAF headquarters in Kabul, the cap- before that I live close to Joplin. It was

VerDate Mar 15 2010 02:49 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.004 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5647 in my congressional district for 14 You know we should be and appro- they made. However, getting them into years. I had an office there. I am prob- priately are focused on jobs as the No. a house that they do not own is some- ably as familiar with Joplin as any- 1 priority in the country today, private thing that there are government pro- body who does not live there or has not sector jobs. But there are a lot of pri- grams for that are designed to help. lived there. vate sector jobs in my State and others Community development block As I went to the scene of this tor- that have not been there for months grants allow qualifying communities to nado, the devastation made a city that now because the factory is closed or meet local matches and local needs I was very familiar with—at least a the business is closed. That factory is without a whole lot of redtape, less half-mile path, 6 miles across that not going to open again until people redtape than a lot of other things that city—virtually unrecognizable by me can get to work. And people are not the government does. And, of course, or the local police officer who was driv- going to be on the highway to get to with the most recent hurricane, Hurri- ing me around. There were no street work until the levee is rebuilt. And the cane Irene, suddenly FEMA says: Well, signs left. Every block looked like the levee is not going to be rebuilt until I know we made a lot of commitments block on either side of it—an incredible the Corps of Engineers has the money to other communities that are already amount of devastation. to do the job they are supposed to do in progress, but we now have to turn to There were 162 people killed either at and meet their obligations. The Corps the new disaster. I appreciate turning the time of the tornado or who within is responsible for taking care of some to the new disaster. But you cannot a few days of the tornado died as a re- of our most pressing needs, whether it forget that a community has problems sult of injuries; 900 people were injured. is restoring the levee at Bird’s Point or they cannot deal with that we said we A hospital was destroyed that will cost levees in northwest Missouri in Holt were going to help with, just because about $500 million to replace. The high County, which has 165,000 acres—more the TV satellite truck has gone some- school was destroyed. The vo-tech than half the county—underwater. A where else. I think it is important that school was destroyed, lots of elemen- lot of that has been underwater now for FEMA meets its obligations. tary schools destroyed, 500 commercial 3 or 4 months. As I said before, I think it is impor- properties, 8,000 apartments and I talked to a farmer in my office yes- tant in an ongoing way we are sure homes, and I think ‘‘destroyed’’ in vir- terday who went to his own home for that we have a standard for natural tually all those cases would be the the first time in 3 months, by driving a and national disasters that truly are right word; some of them salvageable, tractor over some fairly high water national in scope. With thousands of most of them not. Homes, churches, el- areas but passable areas. His home had acres of Missouri farmland still under- ementary schools, the Catholic not been flooded, but everything water, with communities trying to re- school—all destroyed by that tornado. around it was. So he had not been there cover from tornados, with commit- While we make headway every day, for 3 months when we talked yesterday ments that FEMA has told them to finding housing for people in that com- until he went this week. move forward on and now suddenly munity who were affected by the loss Whether it is water along the entire does not have the money that they had of those 8,000 homes, and while the Missouri River, which has been in flood already committed, we need to be con- schools were up and running by the day stage through the month of August, re- cerned about that. schools were scheduled to start 90 days covering from what has happened on Programs such as watershed emer- later, in an incredible way, looking for the Mississippi River, we need to do gency protection and conservation whatever space was available and turn- our job. In our case, the Missouri emergency protection that are in this ing that into schools for this year, River, this has not been a-1 week flood; bill that were in the Agriculture appro- there is clearly a lot to be done. priations bill that the committee voted This exceeds the capacity of an indi- this is a 3- and 4-month flood. I do not remember a time ever—in out earlier this week will have a big vidual community or even a State to fact, I am not aware of a time ever— impact on meeting these obligations. do what needs to be done. I am in the when the entire Missouri River from Despite the unprecedented year, my process, and have been for some time State and Americans everywhere are the Missouri border in the northwest now, of discussing with GAO the exact responding to these disasters, this is a corner of the State to St. Louis was in right request, to be sure we are not de- time when the Federal Government flood stage the entire month of August, claring disasters as national disasters needs to do what the Federal Govern- and in some cases has been in flood that are not national in scope, that we ment has said it is there to do. Hope- stage now for what is 4 months. Com- have not gotten into a habit of saying: fully we will do this with this bill or munity development block grants that That is a disaster, the Governor ought some other bill that comes quickly help with disasters provide commu- to send a request to the President and that allows these communities to meet nities a short-term and long-term way the President ought to grant it. We do their needs, these farm families to get to meet disaster recovery. Disaster not want to be doing that when a State back to work, these factory workers to community development block grant or a community could handle the prob- see the factory doors open again. I am funds can pick up where FEMA leaves lem. But we do always want to be sure supportive of this effort. we have the resources necessary when off. I hope that is part of our plan as we I yield the floor. States and communities cannot pos- look for this disaster bill, which I am The PRESIDING OFFICER. The Sen- sibly handle this kind of problem by intending to support—or the final, or ator from North Carolina is recognized themselves. another disaster bill that we can agree without objection in the majority’s The tornado I talked about was one; to with the House—to be sure that we time. Only 4 minutes is remaining. the flooding in the entire Mississippi make it possible for these communities Mr. BURR. Mr. President, am I incor- Valley watershed, which is I think the to do what they could not do on their rect that the other side has a speaker fourth largest watershed in the world. own or could not even do with State as- coming at 11 o’clock? And whether it was the Missouri River sistance. The PRESIDING OFFICER. The or the Ohio River or the Mississippi In Joplin, it is things such as under- Chair does not have information about River itself, or the Arkansas River, all ground utilities and storm sewers and that. of this flooding that occurred this year sanitary systems of all kinds, owner- Mr. BURR. I will take whatever time has set a recovery number that does re- occupancy programs to get people who the Chair gives me. I will yield, when I quire national involvement. If we do owned a house but may never own one need to, to the other side. not recover from these floods, the right again because the house they owned, The PRESIDING OFFICER. Without kinds of things do not happen. through frankly their own inability or objection, it is so ordered. I had a county commissioner tell me their oversight or their decision not to Mr. BURR. Let me add to what my over August that the factory does not have insurance—you know, if you own good friend from Missouri talked open until the highway opens. And the a house and you do not have a loan, about. That is about the Federal com- highway does not open until flood pro- there is no banker to tell you that you mitment to disaster. North Carolina tection is guaranteed. And flood pro- have to get insurance. We will have happens to be one of those States that tection is not guaranteed until we ap- some people who are negatively af- is probably the most recent. We wel- propriate the money. fected by that. But that was a decision come the attention of FEMA, but we

VerDate Mar 15 2010 02:49 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.010 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5648 CONGRESSIONAL RECORD — SENATE September 15, 2011 also have the last disaster before. And and all of a sudden you have got a for- system? Part of it is recognizing the just like he expects the promises to be mula for success regardless of the so- fact that up here we don’t have the so- fulfilled, even though we are first in cioeconomic conditions of the child lutions; we are merely a financial part- line now, we expect the promises to be who came. ner. That is one of the reasons this fulfilled to those who are already out Well, I fear Teach for America is not morning I introduced a bill. What that there. Our country is great enough to going to get the attention of Congress bill does is it takes 59 pots of money— do it. It is the greatest country in the that it should. Yet across this country, 59 separate programs that were funded world. But it means we have got to do when you find successful, qualified last year. In one area, we call it the it in a responsible way. Part of that teachers, they have come out of this fund for improvement of teaching and means we need to pay for it. I hope my program. The commitment to be there learning, to say we can take 59 pro- colleagues will join what I think will for 2 years or 3 years or 5 years is no grams and combine them into two pots be a House effort to expedite the fund- longer a contract that they are waiting of money; one is teaching and learning ing needed for disaster relief but to do for the end of; they are looking for the and the second one is safe and healthy it in a way that we do not charge fu- opportunity to make this a career. students. ture generations because of our fiscal It is those teachers, those Teach for In the teaching and learning area, we irresponsibility. America graduates, who are finding have consolidated about 24 funding pro- I had the opportunity to participate their way to being the principals of grams into one. We have said to local in a colloquy earlier on reforms to K– schools, to being elected on the school educators that they can use this money 12 education. I wish to take the few re- board, to being involved in areas that, however they want, if their focus is maining minutes I have to talk a little for once, now these Teach for America teaching and learning, and they can bit more about that, because I think to graduates are challenging traditional pull out of the other pot any moneys some degree we hear about education education to live up to what this obli- they need for programs that address and the failures of K–12. gation is they have got. That is to safe and healthy students. Senator KIRK alluded to some charter make sure that every child has the We went a step further and said, if schools in Chicago. I want to mention foundational education they need to one of these pots of money doesn’t a school nobody hears about. It is compete. work for them, then we will give them called the KIPP Academy. Technically, It does not matter whether the exam- 100 percent transferability from one it is a charter school. It started in ple I talk about is the KIPP Academy pot to the other. So if their objective Houston, TX. Then it expanded. Its sec- charter model that was started in and their need is greater in teaching ond location was in New York City. Its Houston or whether it is the Noble and learning, we will give them the third location was targeted to be At- Street charter that was created in Chi- ability to take the safe and healthy lanta, but halfway between Atlanta cago. All of these examples were not student money and throw it over into and New York they found a little coun- created here. They were not created in the teaching and learning pot so they ty in rural North Carolina. It is called Congress or in Washington. Yet what can access more funds. Northampton County, and a little com- typically we do is we try to import the In addition, some communities munity there called Gaston, NC, the solution from here. across the country might need addi- last place you would expect a Texas in- I will be the first to tell you, a prin- tional help in title I, at-risk students. novative charter school to say, let’s cipal is much closer to your children We allow 100 percent transferability of put a facility here. Predominantly mi- than the Congress of the United States. both of those into title I. For those nority; clearly below the average in- They are much closer to the school. concerned with title I, not only do we come level of every county in North They are much closer to the school sys- not touch it, we make it available to Carolina; challenged for economic de- tem. They have greater influence on receive additional funding if a school velopment. They do not have the infra- the outcome. Where have we been in- system decides to do it, not a bureau- structure. But KIPP looked at it and fluencing education? We influence it on crat in Washington, DC. said: You know, no child should go the input side, not the output side, be- Under the fund of improving teaching without what we are out there to offer. cause we say: Here is some money. We and learning, States and local school Today the success rate of that school is have got some money. But you can districts may use funds for activities off the chart. But it also is in every only use it for this because we have de- and programs that meet the purposes KIPP location that has opened. termined this is the solution to the of the fund for the improvement of When you have successes such as problem. KIPP sort of broke the mold. teaching and learning and their unique that, whether they are in Houston, TX, They said: Our mission is to educate and individual needs. These may in- or New York City, or Gaston, NC, the every child. We want to see them suc- clude evaluation systems for teachers responsible thing is to stop and take a ceed. and principals that take into account breath and ask yourself: What have Let me give my colleagues an exam- data on student academic achievement they figured out that either we have ple. In Charlotte, NC, they opened a and growth as a significant factor. not in Washington or what flexibility KIPP Academy, K–8, next door to a tra- That is exactly what Senator ISAK- do they have that we do not give every- ditional K–6 school. There is no way SON was talking about, the need for ac- body else? anybody can look at it and say, this countability. But we are trying to take When you walk into a KIPP school, it drew kids who were in a different a majority of the responsibility for ac- is markedly different as soon as you neighborhood. No, it drew kids from ex- countability and send it to the local walk in the door. Most kids are in uni- actly the same neighborhood. But if school systems. All we can see are forms. The school day is longer. The you look at the performance side by numbers up here in comparison to what teachers are partners in education, side physically, the performance of the our goal is for people to hit. I am con- which begs me to talk a little bit about kids in the KIPP far exceeds the per- cerned that a community takes owner- Teach for America, the program that formance of the kids in the traditional ship in the performance of their school many Members of Congress support. public school system. system because that community is reli- Teach for America challenged the (Mr. BROWN of Ohio assumed the ant on their success for their future. next generation of kids who want to be chair.) My hope is, school systems and com- educators to commit a certain portion Mr. BURR. Why? Because KIPP offi- munities around the country will see of their life in these at-risk locations. cials have the flexibility to design how this as a tremendous opportunity to It is a program we ought to support be- they educate those children. The goal once again not only take control of cause its standards for its teachers ex- at the end is the same—to meet a local education but to be empowered to ceed the definition we have for ‘‘highly standard of performance, to meet an make decisions on the way they teach qualified.’’ As a matter of fact, not educational level that is set nationally. our kids. only do their credentials make them To me, it only makes common sense It reforms teacher and principal cer- one of the best individuals to put into for us to see the ones that exceed the tifications, recertifications, licensing, a classroom, you match that with their goals we set and ask how do we import and tenure; alternative routes for passion for their students to succeed, what they do into the rest of our K–12 State certification of teachers and

VerDate Mar 15 2010 23:38 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.011 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5649 principals, including mid-career profes- level because they have gone to mul- I am not suggesting that any of these sionals from other occupations, former tiple school districts and they do areas are things school systems have to military personnel, and recent college things differently, because that is do. But I think, for once, we have laid or university graduates with records of where the administration told them out a buffet and said they can pick and academic distinction who demonstrate they had to go to get their Federal choose what works. If I could best sum- the potential to become highly effec- money. marize where I think our focus should tive teachers and principals. I am suggesting a radical change: be in Washington on K–12, it is on the There is this whole pool of people we Taking 59 programs, put them into two outcome. Are our kids learning? exclude because they didn’t go through pots, shake them up, and say: You pick Last year, about 66 percent of our Na- a traditional method of being classified what is best for the school system you tion’s high schoolers graduated on a teacher. Yet their base of knowledge, are in. time. In North Carolina, it was barely their expertise and, I suggest, their With safe and healthy student block over 70 percent graduating on time. Let passion, in many cases, exceeds those grants, the local districts could use the me assure the pages who are here and who might be in the classroom today. funds for activity and programs to young folks who might be listening to Is it reasonable to believe that a meet the purposes of safe and healthy this, there is a Federal law that says pharmacist has the institutional students and their individual needs, every company has to accept an appli- knowledge to teach chemistry? I hope which are not limited to drug and vio- cation from somebody who is looking so because we trust him every day lence prevention activities and pro- for a job. There is no Federal law that when we go into a pharmacy. If a phar- grams, before and afterschool pro- says they have to interview that appli- macist feels impassioned enough that grams, including during summer recess cant. If you are an employer today and he or she wants to go into a high school periods, and programs that extend the you have 100 applications and 98 have a and teach chemistry, what they might schoolday, week, and school year cal- high school diploma and two of them lack in the educational process of be- endar. don’t, I can assure you the two who coming a teacher they certainly have It includes school-based mental don’t have a high school diploma will in knowledge; but more important, health services. Some of these sound not be invited back for an interview. eerily familiar because we have heard they may have the passion to want to They are out of the pool of selection people in our community saying we are because that has become the base min- be in there and, more important, they not doing enough in mental health. imum for consideration of a job that have an understanding of why the suc- That may not be the issue in the com- might have any upward mobility. It cess of that student is absolutely vital. It includes performance pay systems; munity next to us. This now allows the doesn’t mean every child has to have a differential, incentive, and bonus pay flexibility for the school systems that 4-year degree. But it does mean, from a for teachers in high-need academic sub- need to access it to access it. I think standpoint of the business world, busi- jects and specialty areas and teachers every Member here wants to make sure ness has sort of cut it off and said our there are afterschool opportunities for in high-poverty schools and districts; threshold is a high school diploma. A the many families in which both the high percentage of our kids are not teacher achievement initiatives that husband and wife work. graduating from high school on time. If promote professional growth, multiple Up to this point, we said: Here is the I was on the floor talking about health career paths, and pay differentiation. program; you have to use this program. Everywhere else in the world we pay care today, we would call this an epi- Now what I am saying is: Here is the bonuses for performance. In the gov- demic and we would fix it. No, this is money; you decide what program best ernment, we pay bonuses even when education. This is somebody else’s chil- fits your school system. It may not be people don’t perform. I haven’t quite dren. I have raised mine and educated at the local rec center; it may actually figured that out. When we introduce mine. be in the school. Think about it. It is This is the future fabric of America. bonuses, it is not based upon whether already a facility we own. We are going We can either fix education or the rest somebody—an agency or a depart- to have to heat it and cool it. Why not of the world will clean our clock eco- ment—succeeded; it becomes part of utilize it other than just during the nomically in the future. The secret to their annual stipend. We have to re- meat of the education day? long-term success is making sure we visit that. Why would we institute it in It includes emergency intervention field a team of highly gifted, knowl- government and then suggest that services following traumatic crises. It edgeable Americans. If we plan to do when we import this into K–12 edu- seems every year we have these events that with a high of 60 percent of our cation, somehow it is wrong? that happen, and sometimes we forget kids with barely a high school diploma, The only reason it is wrong is be- the effect it has on these students. I I assure you the rest of the world will cause the teachers union doesn’t like it talked earlier about eastern North see that as an opportunity to surpass because they don’t negotiate. That has Carolina and the effect of Hurricane us and bury us. We have an opportunity to change. The teachers union doesn’t Irene. I have communities right now to fix it now. know our children. The truth is, the where people have not been able to re- We talked earlier about No Child only reason the majority of the teach- turn to their homes. The road is gone, Left Behind—the right direction of leg- ers actually join the union is because the power is not back on, and the only islation that was severely implemented they are the only source of liability access is by ferry. Don’t for a minute incorrectly. It could have been a real coverage, liability insurance that believe this doesn’t have an effect on a winner if people embraced it, but they teachers can get. The fact is, you and I fifth grader. Maybe school had only didn’t. Now, 9 years later, 4 years after would not teach in a classroom without been in effect about a week, but they we were supposed to assess its success, liability insurance, based upon the ac- are traumatized from it. If it is identi- make changes, and reauthorize it, we cusations and charges some families fied by a school system, now they have are in the ninth year, struggling to put come up with against teachers. Ask the flexibility to treat that, because I together a reauthorization bill—in them, if you don’t believe me. Maybe can assure you that if they are trauma- large measure because up until now ev- we ought to look at the Federal um- tized, the ability to learn is probably erybody wanted to try to create a brella and allow teachers to access li- minimized. Washington bill to initiate solutions to ability from us and maybe contract There are programs that train school elementary and secondary education with a third-party insurer and give personnel to identify warning signs of versus a local approach that Wash- them the opportunity to go into that youth suicide. I would like to suggest ington is a partner in that provides classroom and only be concerned with that doesn’t exist, but the truth is, we flexibility and imagination. educating children. I have never had know it does. In many cases, it is iden- We are going to spend a lot of time anybody from Teach for America talk tified by the people who spend the most between now and the end of the year to me about liability coverage. They time with them, which are the teach- because it is vital we get reauthoriza- only come and talk to me about the ers, coaches, and administrators. They tion in 2011. I don’t think we can let success of their students or the need to don’t have the capacity to intervene in another class of students suffer expand programs at work and about any way, shape or form. Now the flexi- through the lack of flexibility in the the need for flexibility at the local bility is at least there. school systems they live in.

VerDate Mar 15 2010 23:52 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.013 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5650 CONGRESSIONAL RECORD — SENATE September 15, 2011 Senator KIRK talked about the need and leave and never come back, they portation bill, and the FAA, our Na- to expand charter school opportunities. will look for where those kids moved to tion’s aviation bill. And here is the real I am for it. I cosponsored the bill. But and make their investment there. shocker: The FAA and the Transpor- just because there has been a private If we want to keep communities tation bill, which have been merged alternative that works, let’s also face alive, whether they are in Ohio or into one bill, have come over from the the reality that we are not going to put North Carolina, we have to find a way House of Representatives, and the every child in America in a charter to make K–12 a success in every com- House relented on the numbers. They school. We might ought to, but we are munity, big and small, urban and rural, are at current levels of spending. They not. And unless we want to say up and it starts by legislation that em- are clean extensions, which we wanted, front that everybody who is not in a powers those local school systems and, but the Republicans over here will not charter school is going to suffer and more importantly, shifts account- let us get to those bills. they are not going to have the edu- ability from Washington and puts it Tomorrow, the FAA authorization to cational foundation kids over here back into the community, makes it the fix up the airports, rebuild the air- have, then we better do both at the responsibility of the officials, the busi- ports, expires. So there will be no fee same time—provide that new avenue of ness leaders, and, most important, the as of tomorrow, and we have to stop, education, which is an expansion of parents. midstream, our airport improvements charter school opportunities; challenge Mr. President, I thank the Chair for that are going on. It is called the air- the private sector, like KIPP stepped accommodating me this morning. I no- port improvement fund. They already up; and design a school that works and ticed the other speaker didn’t come in, shut that down once. I went around my at the same time look at the public so I am thrilled I was given the extra State and saw safety projects stopped side of it and say: What do we need to time. midstream. Now they are doing it do as a country? I urge my colleagues over the months again right over here—the Republicans I would suggest, when we honestly to come to pay attention to the K–12 right over here—holding up the FAA look at that and we focus on outcome reauthorization. There are many pro- bill again. It means 70,000 jobs lost on versus input, what we will find is we posals out there. Not all will work, and Friday night. have to empower more of the local we are not assured any are certain to They are holding up the highway bill, community. We have to challenge busi- succeed. But if you look for guidance, the Transportation bill, which—I am so ness leaders in that community to hold talk to the people who are closest to proud—in our committee, we got the the school system accountable. We the problem. What they are screaming extension. Everybody agreed to it, Re- have to challenge parents to actually for today is the flexibility to put the publicans and Democrats, in the com- look at the performance of their chil- money where it can have the greatest mittee. Republicans are holding it up dren and to hold those principals and effect on the outcome of education, and now on this floor. It is a clean exten- administrators and teachers account- that is this legislation. sion. It is 1.8 million jobs, everybody. able for the performance of their kids. I thank the Chair. I yield the floor, There are 1.8 million jobs relying on We have to make sure a community and I suggest the absence of a quorum. that extension. It has come over here sees the success of education as the The PRESIDING OFFICER. The from the House. Take it up and pass it. ability for that community to grow in clerk will call the roll. Oh, no. Oh, no. There they go again, the future. The assistant legislative clerk pro- stopping progress in this country. When you go into a community, the ceeded to call the roll. I will tell you why I am so particu- worst thing you can hear, as a Member Mrs. BOXER. Mr. President, I ask larly frustrated. It has to do with the of Congress, is that when the kids grad- unanimous consent that the order for rebuilding that is going on and that uate from high school, they never re- the quorum call be rescinded. has gone on in Iraq and Afghanistan The PRESIDING OFFICER. Without turn. They never return because the with American dollars. Not one Repub- objection, it is so ordered. business opportunities aren’t there. lican ever objected. Let me show you Mrs. BOXER. Mr. President, I ask the pictures. Let me show you the pic- Usually that is rooted in the fact that unanimous consent to speak as in K–12 in that community doesn’t work tures. morning business for up to 20 minutes. This is a picture of a new water because wherever you have an educated The PRESIDING OFFICER. Without treatment plant that has been built in workforce, you have a company look- objection, it is so ordered. Nassiriya, Iraq, at a cost of 277 million ing to make investments. American dollars. Not one Republican I have heard my colleagues say that f said: Stop this. Not one Republican North Carolina has unfair advantages LEGISLATION ON HOLD said: Pay for it by cutting some other in economic development; that we have Mrs. BOXER. Mr. President, I come program. What is going on? 58 community colleges, and that gives to the floor frustrated, angry, and dis- Let me show you the picture of a us something to sell that everybody turbed that our Republican colleagues water treatment plant near the border else doesn’t have; that we have the are holding up three crucial bills. And of Mexico in my State of California. It mountains and the beach, and that is America needs to hear this. They are is old. I visited this treatment plant. It not something everybody has. It is all stopping us from completing our work got hurt in an earthquake, and a good thing to sell, but let me tell you on our emergency FEMA bill, which FEMA—the bill they are holding up— what North Carolina really has. Let me contains the monies needed throughout will pay to finish this water treatment tell you why companies around the this country to rebuild and repair plant, which has to be fixed before an- world are investing in North Carolina. storm damage, a lot of it infrastruc- other earthquake hits us. And we know It is because we produce the second ture—sewer plants, waterplants, roads, that is what is happening. largest pool of graduates of higher edu- bridges, and highways. So they were fine with building a cation annually than any State in the We see pictures of what is happening water treatment plant in Iraq—not a country other than California. When a in places such as Vermont, where, as complaint, not a murmur, not a word, company invests $1 billion in North Senator LEAHY told us yesterday, a not an amendment—but we have to fix Carolina, they know every year they woman he talked to has to drive 1- our water treatment plants here with can reach into the graduate pool and hour-plus for her chemotherapy be- the FEMA bill, and they are holding up have a shot at getting the cream of the cause the road is gone, and it used to the bill, and everybody knows that be- crop of those students. Why would it be take her 5 minutes. We need to fix that cause we could have taken care of that any different for a company looking at road. We need to fix the roads, the yesterday. So that is an example. locating in any community? If they bridges, the highways, the sewer sys- Here is another example. This is a look at a community that has a pitiful tems, the water systems, the schools picture of road construction in—and I performance in K–12, why would they that get harmed in these natural disas- want to say this right—Kapisa Prov- ever think of making the investment ters, and the Republicans are holding ince, Afghanistan. Everyone is very there? They will make the investment up the bill to let us do that. proud that America has built a road where the future workforce is avail- We have holds—more than one—on there. We have spent a lot of tax dol- able. If they believe the kids graduate the highway bill, known as the Trans- lars in Afghanistan and Iraq. I am

VerDate Mar 15 2010 23:52 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.014 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5651 happy for the people there that they down in the middle. The workers had Bike paths and pedestrian walkways have a road, and, God, we pray that no- to leave. They lost money, the con- are important. Fifty percent of trips body blows it up. But I have to tell tractor did. The workers—some of are 3 miles or less, 12 percent of all you, if you are going to build roads in them went off to other jobs, and they trips are made by bicycling and walk- Afghanistan, you had better build had to hire new workers. I stood in ing, and bicycle commuting has in- roads here in America or the American front of this tower. I stood in front of creased by more than 40 percent be- people are going to rise up and say: the tower in Oakland. I went to Los tween 2000 and 2008. Who are you fighting for? Angeles and saw the work stoppages So why on Earth does he want to I have never heard one Republican that occurred on the new Tom Bradley hold up this critical bill and the FAA say: Oh, they are building a road in Af- terminal because the Republicans shut bill—because they are married to- ghanistan. That is an earmark. That is us down. gether—to say he is for safety when he an earmark. Let’s stop it. That is a Now, today, we come back. We all wants to eliminate this whole program, problem. Let’s stop it. We are spending think we have a new attitude around which is dedicated to safety for our pe- X number of dollars. Let’s cut another this place, but we are shut down again. destrians and our bicyclists, 47,000 of program. Never a word. But now we And we have 24 hours to get this FAA whom perished because we don’t have have our highway bill right now com- bill done or 70,000 workers will be out these safety enhancements in place? ing over from the House. They changed again. And we have until September 30 All Americans benefit from the pro- their mind over there. They did not cut to pass the Transportation bill or 1.8 gram he wants to eliminate. it. It is current levels of funding. It is million workers will be out of work. We strengthen local economies, we a good bill. It will last for 6 months’ Now, we have heard complaints from improve the quality of life, we protect funding. It will preserve 1.8 million the other side as to why they are hold- the environment, and he is willing jobs. And the Republicans are holding ing it up, so let me give you some of still—because that is what he is doing it up right now. that argument. by holding this up—to risk shutting Why do you think this Chamber is One of our Senators from Oklahoma, down our Nation’s entire surface trans- empty? Why do you think I am here Senator COBURN, says he wants to hold portation system as well as critical letting off steam? Because we are not up the Transportation bill, which in- FAA programs and more than 1 million voting. Let us vote. If you don’t like cludes Transportation and FAA, be- jobs because he doesn’t like this pro- the highway bill, vote against it. If you cause he doesn’t like one part of the gram. don’t like it, that is fine, vote against program. Two percent of the funds go Well, do you know something, every it. Let us vote. Ninety people will vote to things he doesn’t like. Well, he has one of us here has a pretty big ego. You for it, probably. Let us vote. every right to that opinion and every get here and, yeah, it is important. Set So here you have a picture of the ex- right to work with us on an amend- it aside. You don’t like something? citement around a new road. Let’s take ment and get it done, but he is holding Offer an amendment. Don’t hold up all a look at another picture of a road in it up. We could have had that amend- of these bills. It is wrong because if we my home State. ment yesterday. do what they did—shut down the In January and February of 2010, He doesn’t like the transportation FAA—it makes a rough economy California was hit by terrible winter enhancements program. For the record, rougher, and it stalls us from doing the storms and flooding and mudslides. there are a number of things in that work we have to do. No one stalled the This picture shows a road that was portion—which is a relatively small airport improvements in Iraq. No one blocked after these storms. These amount of the bill, 2 percent of the stalled over there, on the Republican storms hit us in many counties: Impe- bill—and we are reforming that section side, the road improvements in Iraq. rial, Los Angeles, Riverside, Calavaras, next year when we get to the new bill, No one stopped improvements in Af- San Bernardino, Siskiyou—all of these but he is holding it up. Now, he is ghanistan. No one stopped water sys- counties declared emergencies. They wrong to hold it up because of what I tem improvements in the war zones. are all waiting for the funds to rebuild told you. He is putting at risk all of But somehow, when it comes to Amer- a road that looks like this. It is impas- these safety improvements at our air- ica, well, we had better cut this and sible, shutting people down—a lot like ports, he is putting at risk 1.8 million cut that and offset this and offset that. the roads in Vermont now and other jobs on the Transportation bill, and he We have a budget. We are going to places. is putting at risk 70,000 jobs at FAA be- live by it. We have an emergency. If we They are holding up the FEMA bill, cause he doesn’t like this program. look at the explanation in Webster’s they are holding up the highway bill, He also misled people. He said we dictionary of an emergency—here it is, they are holding up the Federal Avia- spend 10 percent of our transportation an emergency: tion bill, and it is wrong. I have never money on this transportation enhance- No. 1, an unforeseen combination of cir- heard them say: Strike that road we ments program. We do not. We spend 2 cumstances or the resulting state that calls are building in Afghanistan; it is an percent. Ten percent is not 2 percent. for immediate action earmark. But they are holding up, they He went on to say that safety should Webster’s dictionary has it right. are holding up the three bills we need be a top priority. And we agree. But he This ought to be put on the desk of to do. doesn’t understand what the transpor- every one of my Republican colleagues. So now I am going to show you an- tation enhancements program is. It is Another definition: other program. This is a brandnew air about safety. It is about safety. The No. 2, an urgent need for assistance or re- traffic control tower being built in transportation enhancements program lief. Mosul, Iraq, at a cost of $10 million. is mainly about saving lives by pre- When there is an emergency, one You can see it is almost ready. The venting bicycle-and-pedestrian fatali- steps to the plate and solves the prob- scaffolding is on it. It has been built. I ties. That is what it does. It says to the lem. Just ask Senator LANDRIEU, who never heard one Republican say: Oh, States: We have a pot of money here. If has been leading the battle on this wait a minute, let’s strike some other you want it, you need to make sure you FEMA bill. We cannot tell people out money somewhere else to pay for this make safety improvements for pedes- there that they only have 30 days’ of air traffic control tower. I never heard trians and bicyclists. funding because they have to enter one Republican object to building this Pedestrians and bicyclists account into a contract. It may take 3 or 4 air traffic control tower in Iraq—not a for 13 percent of traffic fatalities na- months to rebuild a bridge. It may word—but when it comes to our air tionwide, with more than 47,000 pedes- take 6 or 7 months to rebuild a water traffic control towers, you hear plenty. trians killed in the 9-year period 2000 treatment system. But that is the way They stopped us from moving ahead to 2009. That is the equivalent of a they approach it over there—when it with the FAA reauthorization before jumbo jet crashing every month. So comes to America. we left for the summer break. It re- the safety enhancements supported by When it comes to funding wars and sulted in 70,000 people being laid off. the program Senator COBURN wants to rebuilding the war zones, I don’t hear a And here is one of my towers in Palm eliminate are needed to prevent these peep out of them, not a peep. I say it is Springs, stopped in the middle, shut deaths. time for America. We have a choice.

VerDate Mar 15 2010 23:52 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.015 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5652 CONGRESSIONAL RECORD — SENATE September 15, 2011 We can stand up for America right and you feel they are a part owner. You So we have those three bills. FAA now, today. We can pass these three can discuss it later. Get out the garden and highway have been merged, and bills. hose, put out the fire, and everybody is then we have the FEMA bill. We are The FEMA bill gives our Governors going to be OK. sitting around not voting. Everybody, and our people in the States the assur- Playing games with these things is look at this Chamber. No one is here. ances that FEMA will team up with not right. It is beneath the dignity of No voting is taking place because we them and do what it takes to rebuild the people of America who think we are the subject of a filibuster, which after these horrifying emergencies— are a bunch—let me rephrase that— means a big stall. which, by the way, are becoming more who do not rate us very highly. That is Again, I ask my friends on the other and more frequent because of climate an understatement too. How much side: Where was your outrage when we change. But that is another matter for lower can you go than 13 percent? were building roads and highways and another day. That is another battle for I would say this: If we cannot do bridges and airports in Iraq and Af- another day. these bills we do not deserve to be 13 ghanistan? Unfortunately, in this body science percent popular. We do not. We have Where was your outrage about the takes a back seat to politics and the certain basic responsibilities, and I am money? special interests that want to say: Oh, sick and tired of paying for roads and Where was your outrage about cut- climate change; no big deal. We need to bridges and embassies and buildings ting something else to pay for that? protect our turf. That is what they say. and everything else in Iraq and Afghan- Where was your outrage? And we have done nothing. istan. We have given those people our I tell you I never saw it. I never felt The President has done what he can, finest. They have bled, they are still it. I never heard it. It is, in a way, and bless him for it—fuel economy, all bleeding, and they have to take respon- humiliating for the American people these things. But it gets worse and sibility for their own nation. We have that somehow they are just not as im- worse. We have done nothing. I have to take responsibility now for our Na- portant. four grandkids, and I am so hoping in tion. I am here to tell them they are im- the rest of the time I have to be in this Time is short. If the Senate does not portant. Their jobs are important. body and on this Earth that I can get pass that highway bill, 1.8 million Their work is important. America, as us moving on this climate change. But, highway and transit jobs are at risk. If an economic leader, is important. So I oh, no. So I guess we sit back while we the Senate does not pass the FAA bill will be back on the floor to debate any see more and more extreme weather by tomorrow, 70,000 jobs are at stake. one of my colleagues on the other side emergencies, while we see extreme We saw what happened. I visited the who disagree with anything I said—and weather emergencies. airports. It was tragic to see people that is fine. If the other side doesn’t want to do saying: I had no job—because these are They may disagree. They may defend anything about the cause of it, fine. all private sector jobs mostly. There why they allowed projects to go That is their choice. They have to live are some government jobs. For exam- through abroad but not here. They may with themselves. They can at least ple, the FAA inspectors—some of whom say why they want to cut safety pro- help us adapt to these problems, and paid on their own dime to fly across grams from the highway bill that will that means paying to fix our roads, the country and inspect some of the save lives. By the way, that transpor- bridges, highways, our water systems, projects. God bless them, and we better tation enhancements program they our sewer systems, all these things pay them for what we did. want to do away with was a bipartisan that get exposed to these weather My understanding is this bill does idea that came from Republican John emergencies. not do that, but Congressman MICA Chafee and Democrat Daniel Patrick Do you know 70 percent of our claims he is going to take care of that. Moynihan in 1991. That sounds like 20 bridges are deficient? I thank my rank- But we are about to do it again over years to me. Twenty years we have had ing member on the Environment and here if Republicans do not come to that program. Public Works Committee, Senator their senses. Can we look at it? Can we reform it? INHOFE. He and I don’t see eye to eye In summing up, this is a day for us to Can we make it work better? Of course. on the environment. That is an under- make a clear point that America has to But don’t just stand here. statement. But when it comes to the start taking care of its people. We all By the way, one of our Republican infrastructure, we agree. He talks read the papers. We know what is hap- friends said just cut it, and we do not about the tragic death of a young pening to the middle class. We know even need a vote. Just take it without woman who was walking and a bridge what is happening to the poor. We a vote. literally fell apart. It fell and killed know what is happening to our roads. No. If we are going to vote on that, her. We know what is happening to our we are going to fight about it and have This is America. Seventy percent of bridges. We know our airport system is a vote. But let’s have a vote. Every our bridges are deficient, and we have from the last century. We have to have minute this Chamber sits idle, let me colleagues holding up this bill? I say NextGen. We need to move to a GPS tell you what happens outside in the shame on them. Shame on them for system, away from a radar system. real world. This is the fake world out doing that. It is outrageous. We finally They say: No, no, no. there. In the real world people are call- got the House to come to us, to come The message has to go out to the ing one another: What are they doing to our number to freeze spending. I American people. They blame every- over there? We have a chance to get thank them for that. They came to body, and I don’t blame them. But these bills done fast. What are they their senses. They realized we need to right now it is clear: The Democrats in doing? build our highways. We need to main- the Senate want to pass three bills Finally, we get a bill that comes over tain our airports. They sent us a bill right now. They are all very important. from the House that is bipartisan that that is good. One of them is the emergency FEMA is a freeze, that has everything intact, On FEMA, they are not so good. On bill to pay for these terrible disasters that sends a message we can move for- FEMA, they are doing a bad thing over that have been hitting us. Those are ward with FAA for 4 months, 6 months there. They are trying to cut programs emergencies, and we need to go ahead on the highway bill, and we cannot get that create jobs to pay for these emer- and respond. it done. gencies. That is a whole other deal. But No. 2, a highway bill to fix our defi- I urge my Republican friends to today we have a bill for FEMA that cient bridges, to fix our highways and change their minds and change their would do the job. our roads that are 50 percent deficient. tune and stand up for America. Let’s I said in my last talk about FEMA In other words, half of them are not up get on with the business of taking care and the emergencies that we face: If to standard. We are living off our of this country: its highways, its your neighbor’s house is on fire, don’t grandparents’ investments at this bridges, its roads, its airports, its waste time and fight about the cost of point. We have to invest in our infra- emergencies. If they do that maybe we the garden hose. You will get that structure and all the jobs that come will see the American people have a lit- later. Your garden hose helps them, with it. tle more faith in us because right now

VerDate Mar 15 2010 23:52 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.017 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5653 they have lost faith. And I don’t blame The President was in Columbus 2 Mr. REID. Mr. President, I ask unan- them one bit. days ago talking at Fort Hayes High imous consent that the order for the Mr. President, I yield the floor. School about school construction and quorum call be rescinded. I suggest the absence of a quorum. how important that is. I was talking to The PRESIDING OFFICER. Without The PRESIDING OFFICER. The the school principal, who used to work objection, it is so ordered. clerk will call the roll. in Maineville, and he told me how sev- f The bill clerk proceeded to call the eral years ago his school building was roll. old and decrepit and needed fixing. He CONCLUSION OF MORNING Mr. BROWN of Ohio. I ask unanimous also said the test scores were not very BUSINESS consent that the order for the quorum good for these students. He said after The PRESIDING OFFICER. Morning they built a new school building and call be rescinded and to speak as if in business is closed. morning business for up to 10 minutes. put these students in a place that they The PRESIDING OFFICER. Without could learn better, it sent a message to f objection, it is so ordered. these students that, yes, we care about APPROVING THE RENEWAL OF IM- f education. He said the test scores went PORT RESTRICTIONS CONTAINED up markedly. I said, because of the new ECONOMIC DEVELOPMENT IN THE BURMESE FREEDOM AND building? He said, yes. Uncategorically, DEMOCRACY ACT OF 2003 Mr. BROWN of Ohio. I was listening he said yes. to the Senator from California describe We tell our young people in this The PRESIDING OFFICER. Under how the American taxpayers pay for all country that education is most impor- the previous order, the Senate will re- kinds of public facilities from utilities tant, and then we send them to schools sume consideration of H.J. Res. 66, to schools to water systems to energy that don’t look good. I wonder what which the clerk will report. production in other countries around students think when we put this pre- The legislative clerk read as follows: the world, and according to Senator mium on education, but then we don’t A joint resolution (H.J. Res. 66) approving BOXER there is never objection to that act on it. He and the other principals the renewal of import restrictions contained from the other side of the aisle. But talked about leaking roofs and mold on in the Burmese Freedom and Democracy Act when the President of the United the walls. They talked about dark and of 2003. States wants to do that same kind of dank hallways in auditoriums. They Pending: construction in the United States of talked about the lack of technology. Reid amendment No. 602, to provide addi- America, there seems to be objection. I What the President is trying to do— tional appropriations for disaster relief in was taken by that, one, because it is and what Senator BOXER was talking fiscal years 2011 and 2012. true; second, because it is pretty unbe- about, more with aviation and high- Reid amendment No. 603 (to amendment lievable that when the President de- ways, but schools also—when he talks No. 602), to change the enactment date. Reid amendment No. 604 (to amendment cides that working with the Congress— about investing in school renovation, one, it means jobs immediately for car- No. 603), of a perfecting nature. causing the Congress to pass legisla- Reid amendment No. 605 (to the language tion so we can build schools and ren- penters and electricians and plumbers proposed to be stricken by amendment No. ovate schools in Michigan or California and laborers and all kinds of people. It 602), of a perfecting nature. or Cleveland or Toledo—that some con- also means jobs immediately for the Reid amendment No. 606 (to amendment servative Members of Congress in both people producing the steel, the manu- No. 605), of a perfecting nature. Houses say, well, we can’t do that even facturers, the cement, and the insula- Reid motion to commit the joint resolu- though we want to pay for it by closing tion. The biggest insulation plant in tion to the Committee on Finance with in- the United States of America is in structions, Reid amendment No. 607, to the Wall Street tax loopholes, by tak- change the enactment date. ing away oil company subsidies, by Newark, OH. It creates jobs right now but it also means better schools for our Reid amendment No. 608 (to (the instruc- closing the tax incentives that are in tions) amendment No. 607), of a perfecting Federal law now that encourage com- kids, and it means long-range eco- nature. panies to leave Hamtramck or leave nomic growth, long-range prosperity, Reid amendment No. 609 (to amendment Youngstown and go to Wuhan or and a better environment for us as a No. 608), of a perfecting nature. Shanghai. country. The PRESIDING OFFICER. The ma- I was on a conference call yesterday What troubles me so much, as Sen- jority leader. ator BOXER said, is we are putting with some school principals in Ohio, a Mr. REID. Mr. President, I ask unan- money into schools and water facilities principal from Zanesville, a moderate- imous consent that the motion to com- in Iraq and Afghanistan—and I am sized community in eastern Ohio, who mit and the pending amendments, with okay with that if it serves our national had been a principal in a nearby rural the exception of the Reid substitute interest. I am not okay when there are school district some years before, who amendment No. 602, be withdrawn, and no objections to that from conservative was talking to me about how impor- the following amendments be the only politicians, but they object to doing tant school renovation is. The average amendments in order to the Reid sub- that at home with schools in Chil- school building in the United States is stitute amendment No. 602: Coburn licothe and Mansfield and Springfield 40 years old. We would put so much ef- amendment No. 610 and Paul amend- and Lima and Youngstown and Akron. fort in infrastructure in the 1940s, It is so important to move forward on ment No. 613; that the time until 4 p.m. 1950s, 1960s, and 1970s, from Dwight Ei- the school construction and jobs bill. be equally divided and controlled be- senhower with the interstate system to Mr. President, $1 billion in investment tween the two leaders or their des- school superintendents and local tax- in school construction and renovation ignees—and this will be for debate on payers building schools and new water creates about 10,000 jobs. Those 10,000 the amendments and the joint resolu- and sewer systems—including all the jobs are mostly middle-class jobs in tion—with 30 minutes for Senator infrastructure we built in this country manufacturing and the trades actually COBURN and 15 minutes for Senator after World War II—in a bipartisan way doing the construction and the build- PAUL—and this 15 minutes will come to help our country grow. We put peo- ing. It makes so much sense, and I am from the Republican leader’s time—and ple to work doing the construction. We hopeful as the President goes around at 4 p.m. the Senate proceed to vote on put people to work doing the manufac- the country explaining it—he was in the amendments in the following order: turing for materials used in the con- Columbus 2 days ago—that my col- Coburn amendment No. 610, Paul struction, and putting people to work leagues on the other side of the aisle amendment No. 613, and, finally, the because we built this infrastructure decide, yes, maybe we ought to actu- Reid substitute amendment No. 602, as that the Kroger Company in Cincinnati ally focus on jobs and do the right amended, if amended; that there be no needs to move its produce and other thing. amendments, points of order, or mo- things for their stores all over the Mid- I yield the floor and suggest the ab- tions in order prior to the votes other west. It is the kind of infrastructure sence of a quorum. than budget points of order and the ap- rebuilding that helps us with economic The Presiding Officer (Mr. LEVIN). plicable motions to waive; that the development. The clerk will call the roll. amendments not be subject to division;

VerDate Mar 15 2010 23:52 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.017 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5654 CONGRESSIONAL RECORD — SENATE September 15, 2011 that all of the amendments be subject the March 2011 Government Accountability intertwined medical records ulti- to an affirmative 60-vote threshold; Office report to Congress, entitled ‘‘Opportu- mately. We do not need to set up two that the motions to reconsider be con- nities to Reduce Potential Duplication in different programs. By doing that, we sidered made and laid upon the table; Government Programs, Save Tax Dollars, and Enhance Revenue’’ (GAO–11–318SP) and could save a couple of billion dollars, and, finally, if the Reid substitute apply the savings towards deficit reduction; just by having one program for both amendment, as amended, if amended, (2) identify and report to Congress any leg- VA and DOD. achieves 60 votes, the joint resolution, islative changes required to further elimi- We have multiple contracts, accord- as amended, be passed; if the Reid sub- nate, consolidate, or streamline Government ing to the GAO, in terms of inter- stitute does not achieve 60 affirmative programs and agencies with duplicative and agency and areawide contracts that ac- votes, the cloture motions be with- overlapping missions identified in the March tually increase our procurement costs, drawn and the joint resolution be 2011 Government Accountability Office re- where we could consolidate those and placed back on the calendar. port to Congress, entitled ‘‘Opportunities to The PRESIDING OFFICER. Is there Reduce Potential Duplication in Govern- have one contract and actually save objection? ment Programs, Save Tax Dollars, and En- money. But we have not done that. Without objection, it is so ordered. hance Revenue’’ (GAO–11–318SP); That is something that can be done by Mr. REID. Mr. President, I suggest (3) determine the total cost savings that the OMB at our direction. shall result to each agency, office, and de- the absence of a quorum. partment from the actions described in para- The other area which is extremely in- The PRESIDING OFFICER. The graph (1); and teresting—and the President has al- clerk will call the roll. (4) rescind from the appropriate accounts ready agreed to this. They are already The legislative clerk proceeded to the amount greater of— starting to do it. But we could do it call the roll. (A) $7,000,000,000; or much faster and save a significant Mr. REID. Mr. President, I ask unan- (B) the total amount of cost savings esti- amount of money. We could save $150 imous consent that the order for the mated by paragraph (3). billion to $200 billion over the next 10 quorum call be rescinded. Mr. COBURN. Mr. President, the bill years just by consolidating data cen- The PRESIDING OFFICER. Without we have before us today is a bill to ters. We initially had some 500 of those. objection, it is so ordered. fund emergency relief through FEMA I think we are up to around 2,000. We Mr. REID. Mr. President, I am going for a lot of the emergency disasters our had 434 in 1998 and 2,000 Federal data to suggest the absence of a quorum, country has experienced over the past 6 but in doing so, I ask unanimous con- months. centers in 2010. What everybody knows sent that the time run equally for both I don’t think there is a large dis- is we could cut that by about half, not the Democrats and the Republicans. agreement that we ought to take care have any change in the effectiveness, The PRESIDING OFFICER. Without of the areas that are the Federal re- and save about $150 billion over the objection, it is so ordered. sponsibility in the respective States for next 10 years. Mr. REID. I suggest the absence of a the extreme weather as well as fire-re- This amendment identifies the areas quorum. lated tragedies that have been experi- The PRESIDING OFFICER (Mr. listed in the GAO report and instructs enced by a multitude of States. How- the OMB to find those that are most COONS). The clerk will call the roll. The legislative clerk proceeded to ever, the question is, given where we likely to be achievable to come to $7 call the roll. stand as a country, do we just borrow billion. We have agreed to do this in The PRESIDING OFFICER (Mr. the money to do that and add it to the the past on a previous bill when Sen- BLUMENTHAL). The Senator from Okla- debt or is the government running so ator WARNER and I offered this amend- homa. efficiently that we can’t cut something ment jointly to pay for the spending. else and make a choice about how we Mr. COBURN. Mr. President, I ask I can go on with a lot of other areas pay for it? The bill as brought forward unanimous consent that the order for in terms of wasteful spending. I will has no pay-for at all. In other words, the quorum call be rescinded. not. But I make this one plea: In Au- The PRESIDING OFFICER. Without the assumption is that if we pass this bill, we will go and borrow approxi- gust we left after passing a debt limit objection, it is so ordered. increase, the largest debt limit in- AMENDMENT NO. 610 TO AMENDMENT NO. 602 mately $7 billion more in the inter- national markets. crease we have ever incurred in seg- Mr. COBURN. I ask that amendment ments, and said we were going to start No. 610 be considered as pending, What I would put forward is that we living within our means. We have cre- brought up, and read. know we have plenty of areas we can The PRESIDING OFFICER. Without cut now that are not effective, not effi- ated a supercommittee to find $1.5 tril- objection, it is so ordered. cient, that are wasteful, that are dupli- lion over the next 10 years in savings. The clerk will report. cative, and we would not have to bor- While they are doing that, if we decide The assistant bill clerk read as fol- row that additional money. The easiest to pass an emergency supplemental bill lows: thing in the world is to spend some- for FEMA and do not pay for it, we are The Senator from Oklahoma [Mr. COBURN] body else’s money. And what we are going to be working in exactly the op- proposes an amendment numbered 610 to doing with this bill by not paying for it posite direction of what we said we amendment No. 602. is actually asking our grandchildren to needed to do. Mr. COBURN. I ask unanimous con- pay for an obligation we have today. The facts are, we are almost schizo- sent that further reading of the amend- The amendment I have asked to be phrenic. We say we need to cut spend- ment be dispensed with. called up is nearly identical to an ing. Yet we are going to spend $7 bil- The PRESIDING OFFICER. Without amendment this body passed by a vote lion more. Yet we do not want to find objection, it is so ordered. of 64 to 36 in April of this year. some spending to cut to pay for it; we The amendment is as follows: The Government Accountability Of- just want to borrow it. You can under- (Purpose: To save at least $7,000,000,000 by fice brought forth a report on duplica- stand why very few Americans have consolidating some duplicative and over- tion that showed hundreds of millions confidence in us. On the one hand we lapping Government programs) of dollars in wasteful duplication. This are addressing the problem, and on the At the appropriate place, insert the fol- is not the only area we could go, but other hand we are ignoring the prob- lowing: this is an area we have already agreed SEC. ll. CONSOLIDATING UNNECESSARY DUPLI- lem. CATIVE AND OVERLAPPING GOV- as a body is an effective way to pay and ERNMENT PROGRAMS. save money. We could easily find $7 bil- I think it would behoove the con- Notwithstanding any other provision of lion by eliminating multiple programs fidence level in this institution if, in law, not later than 150 days after the date of that accomplish the same thing. Let fact, we tried to pay and found the enactment of this Act, the Director of the me give some examples of what the courage and the willpower to say if we Office of Management and Budget shall co- GAO showed. are going to spend additional money, ordinate with the heads of the relevant de- we are going to create priorities, and partment and agencies to— The Department of Defense and the (1) use available administrative authority VA are both creating new medical we are actually going to eliminate to eliminate, consolidate, or streamline Gov- record systems as we speak, both pay- spending somewhere else to be able to ernment programs and agencies with dupli- ing for independent contractors doing pay for this, to be able to do this more cative and overlapping missions identified in the same thing. They are going to have important thing.

VerDate Mar 15 2010 02:49 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.019 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5655 I have trouble understanding, even Mr. PAUL. Mr. President, this is an metropolitan area such as Louisville, when I talk to our colleagues privately, amendment to pay for the emergency KY, has one-third of it’s bridge capac- why we would not do this; why we funds. I think for too long in this body ity closed because the bridge is dan- would not pay for this $7 billion by re- we have just simply added on funds, gerous to travel on, these are emer- ducing wasteful spending elsewhere. often for good causes, but we keep gency problems. As we go to the vote at 4 o’clock, the spending money we do not have. I It also buys into what I am talking question that people ask is, Why was it think the mark of a good legislator is about with foreign aid. We cannot send OK to cut the spending from these de- making priorities. If we choose to welfare to other countries that we do partments back in April, but it is not spend some money on an emergency, not have. We are not sending them OK to cut the spending now? Sixty-four we should take the money from some- money that is from our savings. We are of our colleagues voted to cut this where else in the budget. sending money that we are borrowing spending in April. I know several are In this amendment we have proposed from China or that we are printing. opposed to paying for this, but we are to take the money from foreign aid. There are ramifications to this debt. in a new day. We live in a new world. When the American people are asked if We are borrowing money at $40,000 a The Oklahoma Chamber of Com- they think we should be sending wel- second. There are ramifications to this merce was here this week. The title of fare to other countries or building borrowing. It has a face. It is just not their meeting was ‘‘New Realities.’’ bridges in other countries when our an empty number. The new reality is that we are going to bridges are falling down in this coun- When we say our national debt is $14 run to the end of the time at which we try, 77 percent of them think we should trillion or that we are adding $1.5 tril- can borrow money or afford to pay the not be sending money overseas when lion to the debt every year, there are interest rate on the money that we can we have problems at home. This ramifications to that, and there is a borrow, and the discipline we need is to amendment would take unspent foreign face. The face is unemployment. The live within our means. aid money from this year and apply it face is people losing jobs. We see it in This is one step that will be the right toward the disaster funding. It would the grocery store with our prices ris- thing to do for future generations. It is also take some unspent money from ing. The debt has ramifications. the right thing to do to build con- the State Department. In Europe, we are seeing the end fidence in our institution, and it is the I think it is responsible budgeting. It stages of this in some cases. We are right thing to do to eliminate waste is essentially taking money from an- seeing chaos and rioting in the streets. and duplication in the Federal Govern- other area, spending it, and not adding We had rioting in London recently. We ment. to our debt. There are repercussions to had rioting in Greece, Portugal, Spain. I yield the floor, suggest the absence the debt we have. I tell people the debt All of these countries are tumbling of a quorum, and make a point I will has a face. Every time we drive to the under a burden of debt, and it has been talk again on this prior to the vote. store our gas prices are rising or our predicted that this is coming to the The PRESIDING OFFICER. The food prices are rising. The reason our United States. It is coming soon. It is clerk will call the roll. prices are rising is because we have to a contagion of debt that is sweeping The assistant legislative clerk pro- pay for the debt by printing new the world, and it is all pyramided upon ceeded to call the roll. money. As we print new money at the the U.S. dollar. Mr. PAUL. Mr. President, I ask unan- Federal Reserve to pay for our debt, we Once upon a time, banks in Europe imous consent the order for the diminish the value of the dollar so our held gold as their reserve. They now quorum call be rescinded. gas prices rise and our food prices rise. hold the dollar as reserve. When the The PRESIDING OFFICER. Without Also, economists have said up to 1 dollar tumbles or when we have trouble objection, it is so ordered. million jobs a year are being lost to paying for our debt, there will be mas- AMENDMENT NO. 613 pay for our debt. What I ask for is, as sive worldwide problems. We are in the Mr. PAUL. Mr. President, I ask unan- we pay for these natural disasters we middle of the worst recession since the imous consent to call up amendment take the money from elsewhere in our Great Depression, and there are no No. 613. budget. signs that any of the policies coming The PRESIDING OFFICER. The I also rise in support of the plea of from the White House are working. In clerk will report. Senator COBURN not to target the fact, the first stimulus package did not The bill clerk read as follows: transportation funds. Right now we are work. Two million more people are out The Senator from Kentucky [Mr. PAUL] asking that highway funds, 10 percent of work since the President came into proposes an amendment numbered 613 to of them, go to beautification projects— office. The price of gasoline has dou- amendment No. 602. turtle tunnels, movie theaters. In our bled. Our debt has been downgraded. Mr. PAUL. I ask unanimous consent State of Kentucky, we have a bridge We are set to accumulate, under this the reading of the amendment be dis- that was closed this week, the Sher- administration, more debt than all 43 pensed with. man Minton Bridge. Of three bridges in previous Presidents combined. It is not The PRESIDING OFFICER. Without Louisville, one of them is closed. Traf- working. objection, it is so ordered. fic is stacked up for hours and you are Recently, the President came over to The amendment is as follows: telling me we need to have turtle tun- a joint session of Congress and pre- (Purpose: To offset the disaster relief appro- nels? Something is seriously wrong sented to us the ‘‘son of stimulus’’—the priations by rescinding amounts for for- with government when we are forcing son of a stimulus that did not work in eign assistance programs) State governments to spend 10 percent the first place. He said we are just On page 12, between lines 11 and 12, insert of their transportation money on tur- going to tax those rich people. the following: tle tunnels, white squirrel parks, and Rich people hire poor people. Most of TITLE VI movie theaters. us have jobs because rich people hired OFFSET Another bridge is needed in the us. They are talking about adding $400 northern part of our State, Brent billion in new taxes on those who make SEC. 601. (a) All unobligated balances made available to the United States Agency for Spense Bridge, where debris from the $200,000 a year or more. International Development for foreign as- bridge is falling. Four years ago we had You say the rich ought to pay their sistance programs for fiscal year 2011 are re- a bridge in Minneapolis that fell into fair share. The rich are paying for the scinded. the river and killed 13 people. We, as a income tax—47 percent of Americans (b) There is rescinded on a pro rata base nation, need to set our priorities, but I pay no income tax. So half of Ameri- from the unobligated balances made avail- think it is incorrect and a real problem cans are already paying for all of the able to the Department of State for fiscal that we are telling people they have to income tax. The Bush tax cuts actually 2011 an amount equal to the difference ob- made the Tax Code more progressive tained by subtracting— take 10 percent of the transportation (1) the amount rescinded under subsection funds and put them into bike paths. because they dropped off more people (a); from I am a bicyclist and I like bike paths from the lower end. If we look at those (2) the amount appropriated under this di- as much as anybody. But when bridges who make more than $200,000 a year, it vision. are falling into a river and a major is 3 percent of the public. They earn 30

VerDate Mar 15 2010 23:52 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.024 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5656 CONGRESSIONAL RECORD — SENATE September 15, 2011 percent of the income and pay 50 per- The PRESIDING OFFICER. The Sen- related to the bill be printed in the cent of the income tax. ator from Oklahoma. RECORD. If you are saying the Tax Code needs Mr. COBURN. Mr. President, I ask Mr. REID. I object. to be made more fair, it would probably unanimous consent that the order for The PRESIDING OFFICER. Objec- be that we would have to make the Tax the quorum call be rescinded. tion is heard. Code less progressive. The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- The bottom line is, if I thought it objection, it is so ordered. imous consent that at a time to be de- would help people, we could do it. It is UNANIMOUS CONSENT REQUESTS—H.R. 2887 termined by me after consultation with going to hurt people. The head of the Mr. COBURN. Mr. President, I would Senator MCCONNELL, the Senate pro- Congressional Budget Office is an ob- like to say Senator REID and I have had ceed to the consideration of Calendar jective spokesman who analyzes gov- several discussions today and we are No. 167, H.R. 2887, the Surface and Air ernment. He testified before the super- working to try to resolve an impasse Transportation Programs Extension committee yesterday that it would be a we have, but we are not there yet. I Act; that the only first-degree amend- mistake to raise taxes. The preponder- wanted to be clear with my colleagues ments in order to the bill be the fol- ance of economists say it would be a what my intent was, and if we can lowing: Coburn amendment regarding mistake to raise taxes in the middle of work the problems out, I am happy to transportation enhancements, Paul a recession. It will lead to more job- try to do that. amendment regarding limitation on lessness. I have three separate unanimous con- highway trust funds, and the Paul Pitting one group—class envy—pit- sent requests I am going to be asking amendment regarding FAA funding ting one group against another gets us for. One will separate the FAA bill, levels; that there be up to 2 hours of nowhere. Years ago we tried this. We pass it, and send it to the House. An- debate on the amendments, equally di- said we will have a special tax on those other will separate the Transportation vided between the two leaders or their who own yachts. Guess who lost their bill, eliminating the transportation en- designees, prior to a vote in relation to jobs. The men and women making hancement component of it and send it the amendments in the order listed; that there be no amendment in order $40,000 and $50,000 a year lost their jobs. to the House, and another one elimi- to any of the amendments prior to the It does not work. It is unhealthy. It is nates the transportation component of votes; that the amendments be subject not good for America to blame one the combined bill and sends it back to to a 60-vote threshold; that upon dis- class of people versus the other. We the House. I understand the leader is position of the amendments, the Sen- want to lift everyone in America. We concerned with those but felt I would ate proceed to a vote on passage of the want a thriving economy. When we exercise my right to offer those unani- bill, as amended, if amended; that lowered tax rates in the 1980s, we had 6 mous consent requests. there be no other amendments, points percent and 7 percent growth in a year. Therefore, I ask unanimous consent of order or motions in order to the bill We are at 1 percent growth and we look that the Senate proceed to the imme- other than budget points of order and like we are headed in the wrong direc- diate consideration of H.R. 2887, the the applicable motions to waive; and tion. They say the definition of insan- House-passed FAA surface transpor- the motions to reconsider be consid- ity is doing the same thing over and tation reauthorization bill, and my ered made and laid upon the table. over and expecting a different result. amendment at the desk related to a 4- This new jobs plan by the President Mr. COBURN. I object. month extension shall be agreed to, the is the ‘‘son of stimulus.’’ It is the son The PRESIDING OFFICER. Objec- bill, as amended, be read a third time of a stimulus that did not work the tion is heard. and passed, the motions to reconsider first time. When we calculate it, it cost Mr. REID. Mr. President, I note the be laid upon the table, with no inter- $400,000 per job. It did not work. We absence of a quorum, and I ask unani- vening action or debate, and any state- should not be doing the same thing mous consent that the time until 4 ments related to the bill be printed in over and over again and expecting a o’clock be equally divided between the the RECORD. different result. majority and minority. I would say in conclusion that my Mr. REID. I object. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Objec- amendment is the responsible budg- objection, it is so ordered. tion is heard. etary amendment, and it pays for the The clerk will call the roll. Mr. COBURN. I ask unanimous con- new disaster funding. If we wish to help The bill clerk proceeded to call the sent that the Senate proceed to the im- people and we think our Federal Gov- roll. mediate consideration of H.R. 2887, the ernment should be involved with dis- Mr. SESSIONS. Mr. President, I ask House-passed FAA surface transpor- aster funding, it should be paid for. It unanimous consent that the order for tation reauthorization bill, that the should not be borrowed from China, the quorum call be rescinded. Coburn amendment at the desk related The PRESIDING OFFICER. Without and it should not be simply printed up to repealing the 10-percent transpor- at the printing press. We should pay for objection, it is so ordered. Mr. SESSIONS. Mr. President, we are it. tation enhancement mandate be agreed I urge other Senators to support my to, the bill, as amended, be read a third looking at a FEMA emergency supple- amendment which would offset the dis- time and passed, the motions to recon- mental. There is no doubt this country aster funding by reducing a cor- sider be laid upon the table, with no in- has sustained a series of disasters that responding amount from foreign aid, tervening action or debate, and any will require Federal support and fund- the welfare we give to other nations, statements related to the bill be print- ing. We have seen them in Alabama, many of them rich nations. I would ask ed in the RECORD. my home State, where we had the serious consideration of it. Mr. REID. I object. worst series of tornadoes in history, I would also ask serious consider- The PRESIDING OFFICER. Objec- and some of the most powerful, that ation of Senator COBURN’s proposal tion is heard. completely demolished two-story brick that when we have bridges crumbling Mr. COBURN. Mr. President, I ask homes with nothing but foundations in our country, we not force States to unanimous consent that the Senate left. Lives were lost to an extraor- build turtle tunnels, squirrel sanc- proceed to the immediate consider- dinary degree, and people were injured. tuaries, and movie theaters. We have ation of H.R. 2887, the House-passed We have had floods. We have had fires crumbling bridges and we need to get FAA surface transportation reauthor- and droughts around the country. We this through and we need to say we are ization bill, that my amendment at the have some of that every year, and some not going to force the States to decide desk related to a 6-month surface of this is unusual. So it is incumbent to have these beautification projects. transportation extension that repeals upon us in Congress to wrestle with I yield the floor and suggest the ab- the 10-percent transportation enhance- that and to try to figure out what sence of a quorum. ment mandate be agreed to, the bill, as should be done and how we can best The PRESIDING OFFICER (Mr. amended, be read a third time and supplement the insurance and State ac- SANDERS). The clerk will call the roll. passed, the motions to reconsider be tions and local people’s abilities to re- The bill clerk proceeded to call the laid upon the table with no intervening spond and share a bit of the pain roll. action or debate, and any statements throughout the country.

VerDate Mar 15 2010 23:52 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.025 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5657 Since I have been interested in the remember, I was talking to a senior tivity, and competitiveness if that emergency bill and I have some ideas, I Congressman about an emergency bill money is spent the best possible way, was surprised we were told it was going years ago that was not truly an emer- every penny of it to help people truly to be added to the Burma sanctions gency, and he said: Well, JEFF, we need in need and to help increase our na- bill, and it was going to be $6.9 billion. to put it on the emergency supple- tional productivity. I hadn’t had a chance to know and re- mental. Those are some of the concerns I view and see what those numbers were I said: Why? have. I just wanted to share those He said: It doesn’t count against the and whether they were justified. But thoughts because I think we would Majority Leader REID said we want to deficit. I said: Why? have been better off had this bill come move to that. That is what we want to He said: I don’t know. It just doesn’t through the regular process, we had do. count. full testimony from the administration Some said—and surely it is not What he meant was it was not part of witnesses, from FEMA, which will be true—that Senator REID was setting a the budgetary numbers. It was on top handling the money, setting forth in trap for the Republicans; that he would of it. It added to the debt in general. detail where they expect to spend the offer this bill, throw it out there, and We have to be careful about that. We money, how it is needed, and how they he would have extra money in it and are borrowing now 40 cents of every $1 are going to do it in a way that is fair we would complain. Then he would say: we spend. That is not a misprint. I am and helps the people in the right way. The Republicans don’t love people who not speaking erroneously. Forty cents I do not believe the way this bill is have suffered with a disaster as I love of every $1 that is spent this year is moving is careful enough, and I believe people who have suffered with a dis- borrowed. it places at risk the treasury of the aster. You don’t care. You don’t want Responsible senatorial management United States. to help people who are hurting. You are requires us to examine the legislation. I yield the floor. not good people. I am a good person. I When we have a bill that is about 40 love them more than you do. percent more than the President asked I suggest the absence of a quorum. I hope that is not true. I do not be- for, maybe that ought to throw up a The PRESIDING OFFICER. The lieve it is true. Surely, it is not true. red flag around here. Maybe we ought clerk will call the roll. But I will just point this out: that to examine it more closely because The legislative clerk proceeded to President Obama’s funding request for every single penny that is spent should call the roll. this supplemental that we have seen be spent wisely. There are two areas: Mr. THUNE. Mr. President, I ask was for $500 million in 2011, $4.6 billion Are we spending money that is not for next year, totaling $5.1 billion. unanimous consent that the order for needed at all—and we have had some of the quorum call be rescinded. That is what the President proposed. that under emergency spending—or are But the Senate Democrats’ proposal we spending money that could be spent The PRESIDING OFFICER. Without that Senator REID has moved forward better on other problems that arose objection, it is so ordered. has $804 million in 2011, $6.1 billion in from the emergency than the problems Mr. THUNE. Mr. President, in a few 2012, for a total of $6.9 billion. That is we are spending it on? minutes we are going to be voting on a about almost a $2 billion difference. I have been to hurricane damages, I bill that has been put on the floor that You know they say: That is not much have been to flood damages, I have would address many of the emergency money, just $2 billion. We spend a lot been to tornado damages, drought dam- disaster needs that have come our way more money than that around here on ages. It is hard to get the money to the this last year. all kinds of things, and we shouldn’t people who truly need it and whom you In my State of South Dakota, it has worry about it, SESSIONS. You are just can justify. This is not just throwing been a year for the record books. We slowing down the emergency bill. It money at something. have had historically cold winters the has to go through right now. So we can do a better job of that. last couple of winters. We had a his- I just pointed out previously that $2 Congress needs to be more involved. I billion is a lot of money. We have an torically wet spring and, if you look at think $2 billion is a lot. We ought to be the Missouri River basin, unprece- education budget in my State that is careful before we do that. Most of the pretty sizable, but the basic general dented amounts of runoff, to the point money is not going to get spent until where we had flooding on the Missouri fund budget of Alabama is about $2 bil- next year, by far. Overwhelmingly, 80 lion. We are an average-sized State. We River throughout the entire basin, up percent of it is to be spent next year. I and down. My State of South Dakota, are about one-fiftieth—4 million peo- believe we ought to be taking time to ple—of the United States. So $2 billion of course, was impacted dramatically do this right. by that, as were many of the States in is $2 billion. A billion here and a billion I would also like to take the oppor- the basin, and I think, like a lot of there, you are talking about real tunity, while I have the floor, to ad- parts of the country this year that money. I am just raising a question. I dress this morning’s hearing in the have experienced weather-related dis- suggest that this kind of rapid spend- Budget Committee, on which I am the asters, there are a lot of people who ing, emotional, political movement of ranking member. At today’s hearing, I have been hurt by that. In my State of money through this body is why this emphasized the economic danger our South Dakota, we have a lot of home- country has gotten into financial trou- country is facing as a result of the in- owners in the Pierre and Fort Pierre ble. We just increase the pricetag for a creasing deficit. We had three econo- area and the Dakota Dunes area and bill by $2 billion and rush it through mists testify. Two of them were se- the Yankton area. We have had tre- and attack anybody who has the gump- lected by our Democratic majority col- mendous wet weather in northeastern tion to stand, such as Senator TOM leagues. We asked whether they agreed South Dakota, and there are a lot of COBURN, and raise some real questions that it would be wise to pursue policies people who have been flooded up there. about it. How much of this can we pay that create jobs without creating debt. for? Can we pay for it all—we probably They all acknowledge that increasing We have people in these areas of my could and probably should—or pay for debt is a dangerous thing. State who literally have lost every- part of it so it is not borrowed? You We discussed whether we should seek thing—their homes. It was not one of see, an emergency in general is debt. ways to create jobs and growth in those situations where you get an When we declare something an emer- America without adding to the debt. event that comes through, it is gone gency, we are adding to the debt. It Wouldn’t that be smart? They all quickly, and you can go in and clean up means it is not under the budget. We agreed it would—things such as pro- and recover. In this case, they were have a budget limit, and all spending is ducing more American energy, reduc- floods that persisted over long periods supposed to be under our budgetary ing costly bureaucratic regulations, of time—in this case months. I remem- limit, although we have not had a and instituting growth-oriented tax re- ber touring some of those areas in my budget in 2 years. But when we do a form. All three witnesses said those are State and in some cases having to go supplemental, it does not count that good things to do for America. out there literally in a boat to see way. I would say, if we are going to spend homes and having to walk into a home I have seen the Presiding Officer be $7 billion or $5 billion on an emergency, in waders because the water in the liv- pretty sophisticated in these things. I it helps Americans’ growth, produc- ing room was literally up to my waist.

VerDate Mar 15 2010 05:13 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.027 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5658 CONGRESSIONAL RECORD — SENATE September 15, 2011 And the water was there literally for teacher training. I think you have to grasp yet of what some of these dam- weeks. There were a lot of black mold argue that there is plenty of waste and ages are. The assessments are still problems, of course, just a tremendous duplication and redundancy in our Fed- coming in. But I think it is important amount of damage. eral Government, and we ought to be that we be responsible in how we dis- As I said, in many cases these are doing everything we can to eliminate tribute disaster relief, that we know as people who for various reasons did not that, particularly if we are looking at much as possible about the full scale have flood insurance, in most cases be- prioritizing where we spend our tax and the dimensions of the problem and cause they were told they didn’t need dollars. what those damages are and then, sec- it, they were not in the flood plain. In a case such as this, we have people ondly, that we do everything we can to These were homeowners who, when the across our country who have been hurt find areas in the budget in which we Missouri River dams were built, by these natural disasters who need can offset that disaster relief. thought, at least, that they were pro- our assistance. It strikes me, at least, So I hope we can support the amend- tected by those dams and as a con- that if we are serious about priorities— ments that are before us today. As I sequence, perhaps, did not purchase and I think all budgets are about prior- said before, the Coburn amendment is flood insurance, with rare exceptions. ities—we ought to be able to find some not something new to the Senate. The Of course, in all of these cases too savings in these programs and agencies Coburn amendment is an amendment there are homeowners who, if they did that have been identified by the GAO many of us have supported in the past. not have flood insurance, have in some that would enable us to find the funds Sixty-four Senators—that is a very cases lost everything. I am not talking that are necessary to cover the disaster large bipartisan majority here in the about just homeowners who have re- effort. Senate—have supported this amend- sources and means, I am talking about So I would come down here and speak ment to do away with these duplicative people—I met with retired school- in support of the Coburn amendment. programs and to try to gain some effi- teachers who put everything they had I think the Paul amendment as well ciency and some savings in our Federal into these homes along the Missouri seeks to use unobligated balances from Government. River, and now they have literally lost USAID, the State Department. Of It strikes me, at least, that when we everything. So I can appreciate how course, we are getting to the end of the are dealing with an issue as important important it is that we do everything year, and if there are funds that have as disaster relief is to so many Ameri- we can to respond to this enormous not been obligated, that have not been cans, we certainly ought to be able to weather-related disaster that has come used, that strikes me as well as a way prioritize and take some of those dupli- our way. in which we can find some resources cative programs and some of those re- I have great sympathy for those that would help us prioritize and put dundant programs we have in the Fed- other areas of the country that have them where they are really needed eral Government that have been identi- been impacted this year as well. I know right now; that is, to deal with these fied by the Government Accountability that on the east coast, we had flooding impacted communities, these impacted Office—ask the OMB to identify $7 bil- from the hurricane, and we have had families, these impacted homeowners, lion in savings in order to offset the tornadoes this summer that have wiped and helping them rebuild their lives. costs of what we are doing here with out parts of entire communities. But fundamentally, when you have a regard to disaster relief. It has been a very difficult weather $1.3, $1.4 trillion annual deficit and So I am certainly going to support year, and as we approach this issue of when you are already at $14 trillion in these amendments—and I hope my col- how to deal with that, I think it is im- debt and it is growing at the rate it is, leagues will—for a lot of reasons. portant that we bear in mind—that we when you have a debt-to-GDP which is Again, we need to respond when we do everything possible to address the literally about 1 to 1, about 100 per- have a natural disaster such as this, needs these homeowners have and try cent—you have to go back to the end of but we need to do it in a responsible to help them rebuild their lives and put World War II to find a time in our Na- way. And when we are running these things back together. tion’s history when we have seen that massive annual deficits we are running So as we get into this debate, cer- kind of debt. These deficits to GDP, today, we need to do everything we tainly I recognize the importance of us debt to GDP, spending to GDP are at possibly can to see that we are paying having a response. I think that one way historic highs. It strikes me that even the Nation’s bills, that we are not add- or the other, Congress will respond, for important matters such as disaster ing it to the credit card, not handing whether it happens today or in the relief, we have to be as responsible as the bill to our children and grand- form of some relief that may be coming we possibly can and make sure we are children, not spending money we do over from the House of Representa- doing justice to the American taxpayer not have, but doing everything we can tives. But I believe it is important that and not spending money we do not to live within our means. It is the re- we do that. It is also important, given have. sponsible way to go about this. In my the budgetary circumstances in which I think the House of Representa- view, it is a reasonable way to go about we find ourselves, that we pay for it. I tives—and what they intend to do is this. I think it is the right way to deal think there are a couple of amend- address this through the continuing with the Nation’s business; that is, to ments we are going to vote on this resolution which will be coming our pay your bills. The Coburn amendment afternoon that would accomplish just way sometime next week. Their ap- does that. His amendment, I guess of that. proach is to put some additional the two, specifically directs the $7 bil- The Senator from Oklahoma has pro- money, supplemental money, into lion. I am not sure whether the Paul posed an amendment which many of us FEMA, into the Corps of Engineers— amendment has a specific score on it. have voted for in the past. I think it those agencies that are kind of on the But either would be an important, in got 64 votes here in the Senate, both front lines in responding to many of my view, message to the American peo- Republicans and Democrats supporting these disasters. I hope we have an op- ple that we are serious about getting it. It would do away with some of the portunity to vote on that legislation. our fiscal house in order. So I hope we duplication we have in our Federal That will be paid for. That will be will have both Republicans and Demo- Government. within the budget. That will not be def- crats here in the Senate that would The Government Accountability Of- icit spending or borrowing from our support both of those amendments. fice has identified lots of areas of du- children and grandchildren, adding I yield the floor. plication. In fact, I think the Senator more to the debt. So I think it is a re- The PRESIDING OFFICER (Mrs. from Oklahoma has already gone sponsible and reasonable way to deal MCCASKILL). The Senator from Ne- through some of those, but I have been with this, and maybe in the end that is braska. here on the floor and addressed some of where this ends up. Mr. JOHANNS. Madam President, I these as well: 56, or thereabouts, pro- But the debate we are having today ask unanimous consent to speak as in grams spread across 10 or so agencies is whether we are going to appropriate morning business for about 5 minutes. that deal with financial literacy; 82 $6.9 billion, around $7 billion for dis- The PRESIDING OFFICER. Without programs that deal with the issue of aster relief. I don’t think we have a full objection, it is so ordered.

VerDate Mar 15 2010 02:40 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.029 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5659 FARM DUST REGULATION prove Administrator Jackson’s image presided over three deficit reduction Mr. JOHANNS. I rise today to actu- than the charm offensive EPA has re- plans that achieved more than three- ally extend an invitation. The invita- cently undertaken. quarters of their deficit reduction tion I extend is to our EPA Adminis- I yield the floor and suggest the ab- through revenue increases. That was trator, Lisa Jackson. The reason for sence of a quorum. President Reagan. Revenue increases the invitation is very straightforward. The PRESIDING OFFICER. The were a major part of his deficit reduc- There is a lot of confusion about EPA’s clerk will call the roll. tion plan. The deficit reduction legisla- position on regulating farm dust. It is The assistant legislative clerk pro- tion that we passed in 1990 under the remarkable. The Administrator says ceeded to call the roll. first President Bush achieved about one thing, but then the agency takes a The PRESIDING OFFICER. The Sen- one-third of its deficit cuts through different position—back and forth, ator from Michigan. added revenue. President Clinton’s 1993 back and forth it has gone. Mr. LEVIN. Madam President, I ask deficit reduction plan was roughly 55 Administrator Jackson said, and I unanimous consent that the order for percent new revenue and 45 percent am using her words, ‘‘It is a myth that the quorum call be rescinded. spending cuts and yielded our most re- EPA is proposing to regulate farm The PRESIDING OFFICER. Without cent balanced budgets. dust.’’ That seems pretty clear, but objection, it is so ordered. Apart from history, the mathe- then her agency says: Well, no, we can- DEFICIT REDUCTION matical reality simply is that we must not distinguish between farm dust and generate additional revenues. If we are Mr. LEVIN. Madam President, I un- other dust subject to regulation, so going to reduce the deficit and do so derstand that a couple of our col- rural America is not off the hook, it is while avoiding unacceptable cuts to leagues are on their way, and I will out of luck. programs that provide for the common yield to them if they get here as ex- Well, I was very pleased recently to defense and general welfare, revenue pected. offer a solution to this EPA dilemma. must be part of the discussion. My solution was offered in partnership In the meantime, I wish to share some thoughts with the Senate about Many of our Republican colleagues with my friend and colleague from have focused solely on nondefense dis- Iowa, Senator CHUCK GRASSLEY, and the very complex and difficult duty we all now face, which is to agree to legis- cretionary programs for deficit reduc- others actually from both sides of the tion. The simple fact is those programs aisle. We proposed a simple solution to lation that will reduce the deficit by at least $1.2 billion over the next decade. are not big enough to allow real deficit this confusion. We proposed legislation reduction. They make up only about 12 that—very straightforward—says: EPA And, if we fail to do that, by the end of the year, huge automatic budgets in percent of the Federal budget. If we cannot regulate farm dust unless there eliminated all those programs, zeroed is scientific proof that it causes harm. vital national programs, including in security, will take effect to meet the them out, we would have done grave That proof does not exist today. harm to millions of American families, Meanwhile, Ms. Jackson and her agen- deficit reduction goal. Those auto- matic cuts would take an unacceptable but we still would have huge deficits as cy continue to have problems getting far as the eye can see. this story straight. You see, she scoffs toll on vital programs. I believe every So as the Concord Coalition, a non- at the idea of regulating farm dust, and Member of Congress must do their best partisan group, said: For a grand bar- then her agency turns around and says: to avoid that outcome, and that begins gain on deficit reduction, finding a way Well, it is really a possibility. with the 12 members of the Joint Se- to bring in some revenue is a crucial I understand that sometimes the di- lect Committee who have been given piece of the puzzle. rection from the top can get muddled the assignment of crafting a plan for us as it works its way down. After all, to consider. The nonpartisan Committee for Re- EPA is a very large organization. Despite the difficulty, the task is sponsible Federal Budget said that put- Surely, Administrator Jackson does achievable. We can reach our deficit re- ting the deficit on a downward path re- not intend to be saying one thing while duction targets and help ensure fiscal quires looking at ways to generate ad- her agency is saying and potentially stability while avoiding not only the ditional revenues. doing something quite different. So I damaging automatic cuts but also In the balance of my remarks I set am hopeful I have come up with yet an- avoiding devastating cuts to defense, out seven different loopholes which other solution. health, education, and other programs need to be closed. It is only fair that Today, Senator GRASSLEY and I sent vital to America and to its families. these loopholes be closed. They are a letter to Administrator Jackson. We Achieving this goal will require sac- loopholes which cannot be justified. have invited her to publicly support rifices. Everyone is going to have to They are loopholes which I think al- our bill blocking the regulation of farm contribute. But if all of us, every most every American would say should dust. After all, using her own word, American, will make the sacrifices nec- not be in our Tax Code. If we simply this was a ‘‘myth’’ in the first place. I essary, we can get this done. will change our Tax Code and reform it think it is a perfect solution. She says How can we do it? Well, we could pre- and close these loopholes, we can raise EPA has no intention of regulating tend we can resolve this problem by ig- about $1 trillion over 10 years. That is farm dust, so there is absolutely no noring why we got here to try to bal- a huge part of what this Joint Select reason why she would not support this ance the budget by simply cutting Committee is required to do. legislation that makes it official. My more spending or we can take a real- We have to protect middle-class fam- letter invites her to put her words into istic look at both spending and reve- ilies from tax increases. We have to action by issuing a straightforward nues. We need to take a realistic look protect them from losing critically im- supportive statement. I look forward to at both spending and revenue. A little portant programs, such as education. hearing back from her or simply seeing historical perspective might be helpful. We can do that. I have sent a letter to her statement of support in print. Ei- Federal revenues today are at the the members—including my dear friend ther will be acceptable. lowest share of gross domestic product from Massachusetts—of our select com- I will tell you this: I believe if Ad- in generations, just 14.9 percent. For mittee laying out the seven loopholes ministrator Jackson stands up in re- the past 60 years, that number has which can, and should, be closed which sponse to this and says, yes, I was seri- averaged about 18 percent, and during will have an equitable impact. It is ous, we are not going to regulate farm that period we have balanced the budg- only fair these loopholes be closed, and dust, that is a myth, and Senator et five times, and each time revenues I have laid out including the use of off- JOHANNS has it all wrong, I believe totaled 19 percent of gross domestic shore tax havens to avoid paying taxes. rural America will cheer. product or higher. In this letter that went to all the mem- Supporting my bill that puts an end Past efforts to reduce high deficits bers of this Joint Select Committee, I to this crazy, ridiculous notion of regu- have made new revenue a significant have set forth what these loopholes lating farm dust would do more to im- part of the equation. President Reagan are.

VerDate Mar 15 2010 02:42 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.029 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5660 CONGRESSIONAL RECORD — SENATE September 15, 2011 So revenue needs to be part of the say, in empathy and not in anger: Wel- ated income; and treat credit default swap joint select committee’s agenda. Our come to the club. The spending cuts payments made from the United States to deficit reduction plans will require sac- that will be necessary for significant offshore recipients as taxable U.S. source in- rifice not just from middle-class fami- deficit reduction will be difficult as come. lies but from the corporations and (2) End the Corporate Stock Option Loop- well. They will hurt real American hole. The Ending Excessive Corporate Deduc- upper income Americans who have families, in real ways, and they will tions for Stock Options Act (S. 1375) would done very well in recent years even as damage programs that are at the core eliminate a corporate loophole that cur- middle-class incomes have stagnated. of my own party’s philosophy about rently gives special tax treatment to cor- In fact, from 1980 to 2008, the share of the important role of government in porations that pay their executives with all U.S. income going to the top 1 per- helping to create shared prosperity. stock options. Stock options are the only cent of Americans more than doubled, Democrats will have to compromise on type of compensation which, due to a special from 10 percent to 24 percent. I make these cuts. Republicans will also have method for calculating the tax deduction, often allows corporations to deduct more my proposals with that troubling fact to compromise, and accept the reality in mind. Mr. President, I ask unani- than the compensation expense shown in that revenue must be part of the equa- their books. The latest data available shows mous consent that my letter to the tion, if we are to do our duty. that, over a five-year period, from 2005 to members of the Joint Special Com- The ideas I have proposed, and will 2009, corporate stock option tax deductions mittee be included in the RECORD after discuss in more detail in the days as a whole exceeded corporate stock option my remarks. ahead, outline a path toward such a book expenses by $12 to $61 billion each year, The letter identifies seven possible compromise. It is a fair path. If Repub- forcing ordinary taxpayers to subsidize tens steps to eliminate wasteful tax expend- licans are willing to embrace com- of billions of dollars in excessive executive pay tax deductions. Closing this loophole itures and loopholes so as to share the promise, we can reduce our deficit burden of deficit reduction more broad- would end this unfair tax subsidy of cor- while helping to protect middle-class porate executive compensation. ly. As I say in the letter, ‘‘Those meas- families from further economic harm. ures would not only reduce the deficit, (3) End the Carried Interest Loophole. If Republicans are not willing to com- Under current law, hedge fund and private but also render the federal tax system promise, the automatic cuts involved equity fund managers treat certain income more fair to the millions of honest in sequestration that would be forced received from managing investments as Americans who pay their taxes.’’ Each upon the American people will make ‘‘carried interest’’ taxable at the lower, long- is practical and doable, each achieves our country less safe and the liveli- term capital gains rate, instead of ordinary real deficit reduction, and each pro- hoods of our families less secure. I hope income tax rates. That income is not, how- ever, a return on a capital investment made tects the programs that defend our na- my proposals will help us work to- tion and support middle-class families by the fund managers with their own money, gether to avoid that tragic outcome. but is instead compensation for work per- without increasing the tax burden on Madam President, I ask unanimous the investments that help our economy formed for other investors. Closing this loop- consent to have printed in the RECORD hole and treating carried interest as ordi- grow. a copy of the letter which I sent to the nary income would end an unfair taxpayer I plan in the coming days to lay out members of that Joint Committee. subsidy of this Wall Street income. these ideas in more detail, but to ex- (4) End the Derivatives Blended Rate Loop- plain them briefly. The PRESIDING OFFICER. Without objection, it is so ordered. hole. Under current law, profits from some The first two proposals would close derivative trades are taxed at a ‘‘blended two kinds of unjustified loopholes that There being no objection, the mate- rate’’ comprised of part capital gains and benefit corporations and wealthy indi- rial was ordered to be printed in the part ordinary income, even in the case of de- viduals at the expense of working fami- RECORD, as follows: rivatives held for minutes. This special tax lies: offshore tax shelter abuses that SEPTEMBER 15, 2011. treatment, enacted in 1981, favors derivatives cost American taxpayers billions of Hon. PATTY MURRAY like futures over stocks, and encourages bets on derivatives over direct capital invest- dollars a year and a loophole that Hon. MAX BAUCUS Hon. JOHN KERRY ments that are key to economic growth. forces American taxpayers to subsidize Hon. JON KYL Closing this tax loophole would put a stop to the stock options that corporations Hon. ROB PORTMAN that market distortion. grant to their executives. Hon. PAT TOOMEY (5) Restore Reagan-Era Capital Gains The third and fourth would close two Hon. JEB HENSARLING Rates. In recent years, tax rates have been Wall Street tax loopholes, the ‘‘carried Hon. XAVIER BECERRA repeatedly lowered for capital gains derived interest’’ loophole that forces Ameri- Hon. DAVID CAMP from stock, bonds, and derivative trans- cans to subsidize the paychecks of Hon. JAMES CLYBURN actions compared to income derived from the hedge fund managers, and a derivatives Hon. FRED UPTON salaried work performed by most Americans. blended tax rate loophole that pro- Hon. CHRIS VAN HOLLEN Despite the fact that capital gains rates cur- motes speculation in futures and op- DEAR MEMBERS OF THE JOINT SELECT COM- rently range between 0% and 15%, our econ- MITTEE ON DEFICIT REDUCTION: As you work omy has little to show for it in the way of in- tions, favoring derivatives over long- to construct a proposal to reduce the federal creased investment or other economic bene- term investments that boost economic budget deficit and ensure long-term fiscal fits. At the same time, these lower rates growth. stability for our government, I urge you to have greatly increased the deficit. While The fifth and six would promote tax eliminate wasteful tax expenditures and long-term investments should receive some fairness and ensure shared sacrifice in loopholes and restore more balance to the degree of favorable treatment, restoring cap- reducing the deficit by restoring upper tax code. These measures would not only re- ital gains rates to Reagan-era levels in line bracket income tax rates and capital duce the deficit, but also render the federal with ordinary income rates—as several bi- gains tax rates to rates closer to his- tax system more fair to the millions of hon- partisan deficit reduction proposals have toric norms. est Americans who pay their taxes. suggested—would not only make the federal The seventh is an administrative Here are seven tax reforms that could to- tax system more fair, but also end a tax ex- gether raise over one trillion dollars to re- penditure costing hundreds of billions of dol- change, eliminating the use of paper duce our federal deficits. lars over ten years. tax liens and creating an electronic (1) Target Offshore Tax Abuses. The Stop (6) Restore Upper Income Tax Brackets. database of those liens. Tax Haven Abuse Act (S. 1346) would combat Today, the wealthiest one percent of Ameri- I will discuss these changes in more offshore tax abuses. It contains more than a cans take home 24 percent of all U.S. income, detail in the days ahead, but let me dozen provisions to shut down offshore tax the highest percentage since the Great De- emphasize today the role they can play loopholes and expose offshore tax cheats, in- pression. Yet, just a few decades ago, that in deficit reduction. Combined, these cluding measures to penalize offshore finan- number was below 10 percent. Rather than common-sense changes could reduce cial institutions and jurisdictions that im- have their share of the tax burden go up ac- our deficits by $1 trillion over the next pede U.S. tax enforcement; stiffen penalties cordingly, the wealthiest few have had their 10 years—a sum that would make the on aiders and abettors of tax evasion; shift tax rates lowered several times. Our econ- the burden of proof establishing who controls omy has not grown as a result of this special committee’s difficult goal, one the an offshore entity; stop companies managed treatment, but our deficit has. Restoring or- Congress and the entire government and controlled in the United States from dinary income rates on those earning over share, much more achievable. claiming foreign status; treat U.S. deposits $250,000 would reduce our deficit by hundreds For Republicans, adopting some of and investments by offshore subsidiaries of of billions of dollars over the next 10 years these ideas will be difficult. I would U.S. parent corporations as taxable repatri- while restoring balance to the tax code.

VerDate Mar 15 2010 05:13 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.032 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5661 (7) Eliminate Paper Tax Liens. The Tax put in place an inappropriate principle antee my colleagues we will pay a Lien Simplification Act (S. 1390) would cre- at an inappropriate time. much stiffer price later for increased ate an electronic federal tax lien registry, That argument has been made con- threats to our national security, for available to the public at no cost, in place of siderably. I want to talk for a minute loss of opportunity, for loss of business, the current antiquated system requiring fed- for graver crises, all of which will come eral tax liens to be filed on paper in 4,000 lo- about the merits of this particular pro- cations across the country. This simple, good posal on its face. Let me make as clear as a result of America pulling back. government bill would save administrative as I can that this amendment would be I remind Senators our foreign policy costs, while expediting the removal of tax absolutely devastating to our foreign and development programs have al- liens and freeing up an entire IRS division to aid and development programs. It ready been cut to the bone. The final tackle the collection of unpaid taxes that would decimate agencies that have al- fiscal year 2011 spending agreement cut pose an unfair burden on honest taxpayers. ready taken huge funding cuts in fiscal $6.5 billion from the international af- These common sense proposals, if enacted, year 2011, and it would completely un- fairs budget. That is a 10-percent cut. would significantly reduce the federal def- dermine core national security prior- How many agencies took a 10-percent icit, while removing economic distortions cut? It happens to also be a 15-percent from the marketplace and ending unfair tax ities and humanitarian commitments. expenditures and loopholes that disadvan- Senator PAUL argues that foreign aid cut from the President’s request. tage average taxpayers. Thank you for your is ‘‘welfare we give to other nations, At a time that we are fighting a war consideration of these proposals. many of which are rich nations.’’ I dis- in Afghanistan, when we are managing Sincerely, agree with both parts of that sentence, turmoil in the Middle East, when we CARL LEVIN. and I disagree profoundly with the no- are trying to guarantee that in Egypt, Mr. KERRY. Madam President, I tion that foreign aid is somehow wel- which we have encouraged to have an yield myself such time as I use. fare. uprising, which we have celebrated for Let me, first of all, thank the Sen- Foreign aid is an investment in our its reach for democracy and for free- ator from Michigan, the chairman of national security; it is not a gift to dom, at a time when it is trying to do the Armed Services Committee, for his other countries. It is a very small in- it, are we going to pull the rug out comments and particularly for the rec- vestment that provides an enormous from under them and say: Go ahead ommendations that he is going to return in so many different ways in Muslim brotherhood, its pickings are make to the supercommittee, to each terms of advancing the interests of our all for you? of us. I think all of us in the Senate country, of our citizens. Because of for- It doesn’t make any sense at a time know Senator LEVIN is one of the most eign aid in many parts of the world we when we are coping with unprecedented creative and thoughtful Senators. I am have relationships, and we have pro- famine in the Horn of Africa, millions confident that the suggestions he grams, we have initiatives, joint ven- of people starving to death, a global tragedy that challenges the morality of makes are going to be important ones tures that make Americans safer every our Nation—it would be unbelievably that are going to be worthy of consid- single day. We need to put politics extreme and irresponsible to take the eration. aside and focus on concrete facts. I know also, because it is something I know the easiest thing in the world approach that Senator PAUL’s amend- I began to focus on back in the 1980s, is to walk into a big townhall meeting ment takes. It would jeopardize our na- tional security in several important this issue of offshore havens is abso- and say we ought to be building in— ways. Let me just name a few specifi- lutely staggering. I look forward to whatever the community you are in— this. I know the Senator has led the cally. before we send money somewhere else, First of all, it would threaten the Permanent Subcommittee on Inves- and everybody cheers. There is an in- tigations on that. They have done out- State Department and USAID’s ability stant reaction—easy applause, easy to serve as a critical partner to the standing work. I am confident that a politics, but not smart politics in lot of that work can be certainly put military in postconflict situations. For terms of the interests of our country. instance, in Afghanistan we are work- on the table, and it ought to be seri- The fact is all of our foreign aid pro- ing hand in hand, State Department ously considered. My hope is we can do grams, all of our foreign policy initia- and Defense Department, in order to be something about it. tives, all in the State Department, ev- Mr. LEVIN. I thank my friend. able to transition to the Afghan forces. erything we do in USAID, all the This would put those troops at risk, AMENDMENT NO. 613 things we do from sending a diplomat put that effort at risk. I think it would Mr. KERRY. Madam President, one to Baghdad or Pakistan or Afghani- raise serious questions about the via- of the amendments we will vote on stan, every effort we make to help re- bility of what we are trying to accom- shortly is an amendment by Senator verse the global HIV/AIDS epidemic, plish. RAND PAUL with respect to cutting—or all of the things our State Department We are at a critical juncture in those an offset, if you will—of $6.9 billion engages in make up barely 1 percent of efforts to stabilize Afghanistan and from the State Department and USAID the annual budget. Pakistan. Cutting our aid to those in order to fund FEMA disaster relief So often when we go out to those countries will impact our military op- programs. townhalls that are ready to applaud erations. For all of those Senators who First of all, a number of colleagues the idea of just giving the money here, want to get out of Afghanistan faster, have come to the Senate floor over the we ask people: How much do you think we pull the aid out from underneath it, last couple of days and talked about we give in foreign aid? And people say: and we may be getting out in a way we the principle that has governed our ef- Oh, my God, it is 50 percent of our do not want to, or we will make it forts to provide disaster assistance budget or 10 percent or 5 percent. It is longer before we get out in the way through all of the years of this institu- none of those. It is barely 1 percent. that we do want to. tion. We do not know how to plan on We spend about $700 billion on our I suggest respectfully Senator PAUL the amounts. We do not hold people ac- military. By contrast, the inter- said he would ‘‘much rather send . . . countable to other programs because of national affairs budget in its entirety professors around the world than . . . acts of God, natural disasters that is less than one-tenth of the Penta- our soldiers.’’ I don’t know an Amer- arise suddenly, and the Nation has al- gon’s. A former Secretary of Defense, ican who would not rather do that. We ways been rich enough and responsible Bob Gates, pointed out, I think only a all hope that can happen as soon as enough to guarantee that we provide year or so ago, that if we took the en- possible. But we cannot just ordain it assistance to communities that have tire Foreign Service roster we could by saying: Here it is, here is what we been hard hit by a flood, by a tornado, barely crew one aircraft carrier in the are doing, and change the situations on ravaged by fires—by some natural dis- U.S. Navy. the ground. The wish does not become aster. I understand we face a budget crisis the father to the fact in those situa- I think the notion that suddenly we in our own country. Obviously, I under- tions. are going to start offsetting at a time stand that. We are working hard to ad- As we have seen in recent days with when we are engaged in a very delicate dress this issue in the new committee the attack on our embassy in Kabul, balance of offsets with respect to the that has been formed by the Congress. there is a lot of work to be done in Af- regular budgeting process is to try to But if we cut these funds now, I guar- ghanistan before our college deans can

VerDate Mar 15 2010 02:42 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.007 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5662 CONGRESSIONAL RECORD — SENATE September 15, 2011 take over from our district support minimis. We should not come in here The result was announced—yeas 54, teams. installing a new principle all of a sud- nays 45, as follows: This cut would set back progress in den, for the first time ever, saying we [Rollcall Vote No. 133 Leg.] creating markets for U.S. goods and have to offset money to pay for emer- YEAS—54 services. Here we are struggling to cre- gency assistance to our communities Alexander Graham McConnell ate jobs in the United States. One of at the expense of young kids who are Ayotte Grassley Moran the best opportunities for jobs is ex- starving in another part of the world. Barrasso Hatch Murkowski port—export to the new, emerging mid- I hope my colleagues will recognize Baucus Heller Nelson (NE) Blunt Hoeven Paul dle classes of India, Brazil, Korea, Mex- this amendment is not the right way to Boozman Hutchison Portman ico, China, other places. We want to approach this. It would have a neg- Brown (MA) Inhofe Risch sell them those products. But if all of a ligible impact on our budget deficit, Burr Isakson Roberts Chambliss Johanns Rubio sudden we are pulling back our ability and its real impact on our security Coats Johnson (WI) Sessions to marshal opportunities in those mar- would be enormous. Coburn Kirk Shelby kets, if we reduce the ability of the The PRESIDING OFFICER. The Sen- Cochran Klobuchar Snowe U.S. businesses to get those opportuni- ator from Louisiana. Collins Kyl Tester Ms. LANDRIEU. I know the vote has Corker Lee Thune ties, we diminish our own efforts to Cornyn Lugar Toomey strengthen our economy. been scheduled, but I ask unanimous Crapo Manchin Vitter We don’t just face a budget deficit consent 2 minutes be provided prior to DeMint McCain Webb crisis, we also face a jobs deficit. In the the amendment votes and 4 minutes Enzi McCaskill Wicker face of global competition, our growth prior to final passage. NAYS—45 in our exports is directly tied to our The PRESIDING OFFICER. Is there Akaka Franken Murray ability to create new American mar- objection? Without objection, it is so Begich Gillibrand Nelson (FL) kets. Money we spend helping to sta- ordered. Bennet Hagan Pryor Bingaman Harkin Reed bilize emerging economies has an AMENDMENT NO. 610 Blumenthal Inouye Reid amazing impact on our own economy, Who yields time? Boxer Johnson (SD) Rockefeller and that has been proven for all the Ms. LANDRIEU. Madam President, Brown (OH) Kerry Sanders how much time before the vote? Cantwell Landrieu Schumer years, certainly, since the end of World Cardin Lautenberg Shaheen War II. The PRESIDING OFFICER. There is Carper Leahy Stabenow The Paul amendment would also lead 2 minutes. Casey Levin Udall (CO) to a $1 billion cut in our battle against Ms. LANDRIEU. I wish to speak, if I Conrad Lieberman Udall (NM) could, before the time is out. Coons Menendez Warner global AIDS. PEPFAR, the President’s Durbin Merkley Whitehouse program on which George Bush—Presi- The PRESIDING OFFICER. Without Feinstein Mikulski Wyden objection. dent George Bush, Republican—worked NOT VOTING—1 with us on the Foreign Relations Com- Ms. LANDRIEU. Madam President, Kohl mittee, a program Senator Helms and in a few minutes, because the two Senator Frist and I and others origi- amendments have been debated exten- The PRESIDING OFFICER. On this nally developed, a program that cur- sively this afternoon, I want to thank vote, the yeas are 54, the nays are 45. rently supports 3.5 million people on the Senator from Massachusetts for his Under the previous order requiring 60 lifesaving HIV/AIDS treatment, a re- strong objection to one of the amend- votes for the adoption of this amend- duction this size to 2011 funds would ments and the eloquent way he ex- ment, the amendment is rejected. mean that around 1 million people pressed the feelings of so many of us PAUL AMENDMENT NO. 613 would be thrown off of those treat- who will be voting with Senator KERRY The PRESIDING OFFICER. Under ments, dramatically reducing the num- against the Paul amendment. the previous order, there is now 2 min- bers of lives saved through this pro- Let me put this up, as I have been utes of debate on the Paul amendment gram. using this all week. The underlying bill No. 613. Who yields time? We are a country that has prided our- we will be voting on in a few minutes The Senator from Vermont. selves on our willingness to live our will give the Senate the opportunity to Mr. LEAHY. Madam President, I ask values. The Judeo-Christian ethic is vote for disaster relief now. It is the unanimous consent that there be an one of charity and one of concern for only vehicle available to us in the Sen- additional 1 minute for Senator the poor, the downtrodden, the sick, ate to vote for relatively full disaster LINDSEY GRAHAM to speak on his and so forth. It is hard for me to under- relief for the year 2012 now. I want peo- amendment. stand how we can take an ethic of our ple to realize, as they are considering The PRESIDING OFFICER. Without private lives that everybody talks how they are going to vote, we received objection, it is so ordered. about so pronouncedly around here and 61 votes. Mr. LEAHY. Madam President, my look at the fact that there are some The PRESIDING OFFICER. The time State was devastated by Hurricane folks in America who tithe 10 percent has expired. Irene, and I am going to do everything Ms. LANDRIEU. I understand we are of their income, or others who give a possible to help Vermonters get the aid out of time. I will speak later. Again, it fixed percentage of their income in they need. But I strongly oppose the gives us an opportunity to vote for dis- order to help the world, and here we amendment offered by the junior Sen- aster relief now. are, as a matter of national policy, ator from Kentucky. The PRESIDING OFFICER. Who going to put 1 million people at risk First, it is a terrible idea to cut crit- yields time in opposition? ical national security programs to off- from a program we are currently sav- Ms. LANDRIEU. I yield back the set funding for emergency disasters. It ing lives on? I don’t understand that time, and I ask for the yeas and nays. would set a precedent and make it infi- kind of value system. The PRESIDING OFFICER. All time nitely harder to help our States cope It would derail our efforts to forestall is yielded back. famine in the Horn of Africa, and that Is there a sufficient second? with these crises, whether it is Katrina would trigger long-lasting suffering There appears to be a sufficient sec- or whether it is earthquakes or no mat- and destabilize the neighboring coun- ond. ter what it is. tries such as Yemen, Kenya, and Soma- The question is on agreeing to the Disasters strike unexpectedly. The lia. In Somalia alone approximately 3.2 amendment. funding to recover and rebuild is not million people are in need of imme- The clerk will call the roll. built into the budget. They strike Re- diate lifesaving assistance, a half mil- The bill clerk called the roll. publican and Democratic States alike. lion children are acutely malnourished, Mr. DURBIN. I announce that the To say in this: Well, why don’t we cut and more than 29,000 children under the Senator from Wisconsin (Mr. KOHL) is out our State Department or our em- age of 5 have tragically died. necessarily absent. bassies, so we cut out the aid the This planet knows how to feed peo- The PRESIDING OFFICER (Ms. KLO- United States gives to Haiti—we live in ple. Rich countries have an obligation BUCHAR). Are there any other Senators a global economy—this amendment to try to do that. Our obligation is de in the Chamber desiring to vote? makes no sense.

VerDate Mar 15 2010 05:20 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.036 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5663 The PRESIDING OFFICER. The Sen- The result was announced—yeas 20, 10 minutes of debate on the amend- ator from South Carolina. nays 78, as follows: ments and the bill to be equally di- Mr. GRAHAM. I thank the Chair. [Rollcall Vote No. 134 Leg.] vided between Senators PAUL and the This is very important. We are broke YEAS—20 majority leader or their designees, at home, and there are a lot of things Barrasso Inhofe Sessions prior to votes in relation to the amend- we could and should be doing for our Burr Johnson (WI) Shelby ments in the order listed; that there be States. I want to try to get our fiscal Coburn Lee Thune no amendments in order to any of the house in order, but we have to defend DeMint Moran Toomey amendments prior to the votes; that Enzi Nelson (NE) this country. The foreign operations Vitter the amendments be subject to a 60-vote Grassley Paul Wicker account is national security in another Hutchison Roberts threshold; that upon disposition of the form. If you just do not always want to NAYS—78 amendments, the Senate proceed to bomb people, you need to help people Akaka Durbin McConnell vote on the passage of the bill, as help themselves, and the money in this Alexander Feinstein Menendez amended, if amended; that there be no account will allow people to stand up Ayotte Franken Merkley other amendments, points of order or against terrorism and do things Amer- Baucus Gillibrand Mikulski motions in order to the bill other than ica has been doing for a long time; that Begich Graham Murkowski Bennet Hagan Murray the budget points of order and the ap- is, helping people who really would be Bingaman Harkin Nelson (FL) plicable motion to waive; that the mo- better off for the experience and have a Blumenthal Hatch Portman tion to reconsider be considered made kindness toward us. Blunt Hoeven Pryor and laid upon the table. If you think Israel needs a friend Boozman Inouye Reed Boxer Isakson Reid The PRESIDING OFFICER. Without now, this would hurt our relationship Brown (MA) Johanns Risch objection, it is so ordered. in terms of support to Israel. So all of Brown (OH) Johnson (SD) Rockefeller Mr. LIEBERMAN. Madam President, those in this body who want to make Cantwell Kerry Rubio Cardin Kirk Sanders I rise today to join my colleagues in sure Israel gets the right message at a Carper Klobuchar Schumer urging the Senate to adopt this resolu- time of need, please vote against this Casey Kyl Shaheen tion and replenish the disaster relief amendment because it will hurt our re- Chambliss Landrieu Snowe fund without further delay. lationship. Coats Lautenberg Stabenow Cochran Leahy Tester To so many people struck by disaster The PRESIDING OFFICER. Who Collins Levin Udall (CO) this year, this fund is a life preserver yields time? Conrad Lieberman Udall (NM) to help carry them over until they can The Senator from Kentucky is recog- Coons Lugar Warner get back on their feet and begin the nized. Corker Manchin Webb Cornyn McCain Whitehouse long, hard road to recovery. Without Mr. PAUL. Madam President, I think Crapo McCaskill Wyden assistance from this fund, many dis- we ought to make just one clarification aster survivors would have no place to of fact. Israel gets all their foreign aid NOT VOTING—2 Heller Kohl live due to damaged and exposed in the beginning of the year. They get homes; critical commuting routes it differently than any other country. The PRESIDING OFFICER. On this would remain impassable; and debris This amendment will not affect any vote, the yeas are 20, the nays are 78. would mar communities and morale for funding to Israel. This funding will Under the previous order requiring 60 months on end. take away a percentage. It is about 10 votes for the adoption of this amend- We are not just talking about a few percent of foreign aid. ment, the amendment is rejected. disaster areas. This year seems like a Foreign aid or welfare is opposed by The majority leader is recognized. record for major disasters, affecting all 77 percent of Americans. Even if you Mr. REID. Before I recite the unani- parts of our country. Nearly every thought it was a good idea to give wel- mous consent request that I hope will State has sought and received assist- fare to foreign countries, you do not be approved, what we intend to do is ance, which is why the fund is now per- have it. So you are borrowing this have a vote on final passage of the ilously low. It has dwindled to about money from China or you are printing joint resolution now before us, 10 min- $377 million. At this rate, Senate ap- it up and you are adding to the debt. utes of debate, there will be votes on propriators say the fund may last for Our country faces a debt crisis. We are two amendments and then final pas- just days. borrowing $40,000 a second. I think it is sage. So we have four more votes and As I speak, wildfires are still blazing unwise, when bridges are falling down we should be finished. through drought stricken central and being closed in Louisville, KY, to I wish to express my appreciation to Texas. The worst wildfire in Texas his- send money to other countries, par- everyone. You will note in my last two tory closed area schools down last ticularly money we are borrowing and speeches I made before the Senate yes- week, 1,500 homes were destroyed in printing. terday and today, I said a lot of nice hundreds of fires, and tens of thousands I urge the support of my amendment things about Republicans, the reason of acres have been scorched. to eliminate the 10 percent of foreign being that is how we have accom- My home State of Connecticut was aid. I think it is a very reasonable pro- plished a lot. We got a decent bill from among those affected when Hurricane posal. the House and we have been able to Irene swept ashore at the end of Au- The PRESIDING OFFICER. Under move forward on this legislation. gust, bringing gale force winds and the previous order, the question is on The Republican leader and I had tidal surges that knocked out power agreeing to the Paul amendment No. quite a long conversation here in the for days in many areas, damaged mil- 613. well. We have a lot of work to do, but lions of dollars worth of property, and Mr. MCCAIN. I ask for the yeas and we want to do it together. So the co- left whole communities under water. nays. operation we have had this week by The PRESIDING OFFICER. Is there a And when Irene struck, it didn’t just both Democrats and Republicans has touch down in one State or two. It sufficient second? been extremely important. There appears to be a sufficient sec- sideswiped practically the entire east- ond. UNANIMOUS CONSENT AGREEMENT—H.R. 2887 ern seaboard from North Carolina to The clerk will call the roll. Mr. REID. Madam President, I ask Maine. The legislative clerk called the roll. unanimous consent that at a time to be In Connecticut alone, the early pre- Mr. DURBIN. I announce that the determined by me, after consultation liminary and therefore probably low es- Senator from Wisconsin (Mr. KOHL) is with the Republican leader, the Senate timates of damage from this single dis- necessarily absent. proceed to consideration of Calendar aster are around $300 million. Mr. KYL. The following Senator is No. 167; that the only first-degree These major calamities only take us necessarily absent: the Senator from amendments in order to the bill be the back to the last week of August. Nevada (Mr. HELLER). following, the text of which are at the In June and July, record flooding on The PRESIDING OFFICER. Are there desk: Paul regarding limitation of the Mississippi and Missouri Rivers dis- any other Senators in the Chamber de- highway trust fund; Paul regarding placed thousands of people and ravaged siring to vote? FAA funding levels; that there be up to land throughout the West and Midwest.

VerDate Mar 15 2010 02:42 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.042 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5664 CONGRESSIONAL RECORD — SENATE September 15, 2011 A string of tornadoes ripped through bursement for debris removal, emer- utes of debate on Reid amendment No. the Southeast and Midwest in April, gency response and protective meas- 602. Who yields time? killing hundreds of people, destroying ures, and other critical needs. But The Senator from Louisiana. countless homes and businesses and FEMA has essentially had to begin ra- Ms. LANDRIEU. Madam President, I costing billions of dollars. A third of tioning aid. That is just plain wrong. would like to speak for final passage. I Joplin, MO, was wiped out, and that The people who suffer in one disaster would like to speak last. community continues to struggle to re- are no more or less entitled to aid than Is there anyone who wants to speak build. those who suffer in another disaster. in opposition? In February, the Midwest and North- We are a humane country, not a selec- The PRESIDING OFFICER. Is there east were buried under 2 feet of snow. tively humane country. someone to speak in opposition? That is not an exhaustive list, but As I said when I toured flooded Ms. LANDRIEU. If not, then I will the point is that these disasters have homes on the Connecticut shore 2 take the time to close. I wanted to say been equal opportunity ravagers, af- weeks ago, the Federal Government thanks to several Members, many fecting almost every State in the does not default on its obligations— Members on my side who have helped Union this year. In fact, the President whether we are talking about debts to this week to clarify this issue and to has declared this year a state of emer- foreign nations or promised aid to its build support for disaster funding for gency in 47 States! Only Nevada, West own citizens in need, through no fault the 48 States that are currently experi- Virginia, and Michigan have been of their own. encing devastation. spared. I have faith my colleagues will come I wish to thank Members on the So the replenishment of the disaster together across party lines, as we have other side of the aisle, particularly relief fund should not divide us along done so many times in the past, to re- Senators BLUNT, VITTER, RUBIO, others, partisan lines. Nor should it divide us plenish FEMA’s disaster relief fund, Senator SNOWE who have left their among geographic lines, or city versus which was designed to help make peo- voice and their vote to help us get to rural lines. This fund has been tapped ple whole again after major disasters. this point. I particularly wish to thank by almost every one of our States, and Mr. LEVIN. Madam President, we Senator BLUNT for spending 15 minutes I know that the people of Connecticut soon will vote on a measure that in- on the floor today saying how crucial were relieved when they learned that cludes two significant pieces of legisla- this is not only to his State of Missouri the Federal Government would help tion. I support passage of both—one but to the whole country. them get their lives back on track. I that upholds our duty to assist Ameri- I wish to thank the Members on my suspect the citizens of every other cans coping with natural disasters, and side, Senators LEAHY and SCHUMER and State that received disaster relief one that upholds our duty as Ameri- HAGAN and others who have helped so funds were similarly grateful. cans to speak out against oppression much this week—Senator SHAHEEN, Frankly, it doesn’t really matter if 2 and abuse around the world. who has been at all the press con- States or 47 States have been declared The first measure provides emer- ferences, Senator SANDERS. disaster areas. Helping people in need gency supplemental funding for dis- Let me say this is the only vehicle— is what our Government does. The aster relief and recovery efforts. Con- the only vehicle—we have before us to whole point of a federal government is gress must do its job to appropriate do long-term full funding for the dis- to handle challenges that individual emergency funding for disaster re- aster relief. This bill will provide help States, much less individual commu- sponse and recovery quickly and to Nebraska, to Minot, ND, to New nities, cannot. The defense of our Na- thoughtfully, as we have done numer- York, to the east coast, to Tuscaloosa, tion is first and foremost among these ous times in the past. I will vote for AL, Joplin, MO. Federal responsibilities, but so is pro- this measure because the $6.9 billion in If we do not vote for this, the DRF viding aid to people and States fol- emergency supplemental funding for funding will be empty. This money lowing a natural or man-made disaster disaster relief and recovery is nec- gives us not only additional funding for that takes as heavy a toll as this year’s essary to help families and businesses disaster relief, but it also provides an disasters have. bounce back from catastrophic loss, to additional $1.1 billion for the Corps of Congress has a long history of rebuild damaged infrastructure, to re- Engineers and funding for a few other supplementing the disaster relief fund spond to emergencies, to restore for- programs that are essential to rebuild- to cover those in need. From 2003 to ests and watersheds damaged by dis- ing. 2010, $12.3 billion was appropriated aster, and to improve flood control I ask unanimous consent for an addi- through the regular appropriations structures. Importantly, this legisla- tional 30 seconds. process. But six times that much—$73.4 tion does not set the bad precedent of The PRESIDING OFFICER. Without billion—was appropriated through sup- requiring an offset in order to help objection, it is so ordered. plemental funding. communities and families when dis- Ms. LANDRIEU. Since there is no op- It should be noted that only a small aster strikes. position that is going to speak, I would part of the administration’s request The second measure would renew like to take those 2 minutes as well. seeks supplemental funding. The bulk sanctions against Burma by extending This is a very important vote. I know of the request is for fiscal year 2012, the import restrictions put in place there are some people who think we and the aid requested constitutes dis- under the Burmese Freedom and De- should have gone through a regular aster relief within the meaning of the mocracy Act of 2003. process. The last time we went through Budget Control Act, which allows dis- While the Burmese government has a regular process, with individual votes cretionary spending levels to be raised shown some recent signs of a willing- coming to the floor by October 1, was up to a certain limit—a limit that is ness to implement meaningful reforms, 1994. It is 2011. As the appropriator, the not breached by the administration’s legitimate questions regarding its com- chair of this committee, I knew that request. mitment to these reforms as well as was not a way to go to bring quick re- Already FEMA has had to start continuing concerns about the ongoing lief to the disaster victims who need prioritizing its relief activities so that detention of political prisoners and help. those in most immediate need can be about serious human rights violations So the stand-alone approach, sending assisted. In other words, longer term justify the renewal of these sanctions. a strong vote from the Senate today, recovery projects not yet in the FEMA I urge my colleagues to approve this will help us negotiate with the House. pipeline have been put on hold. That is important measure as a reaffirmation They have a different idea. I happen how low the reserves are in the disaster of our concern for those here at home not to agree with their idea. They are recovery fund. who are struck by disaster, and for entitled to their own idea. We are enti- Current and future survivors will those abroad who suffer under oppres- tled to our own idea, and our own idea continue to receive assistance to help sion. is with Democrats and Republicans replace or repair damages to property AMENDMENT NO. 602 voting yes on this Burma sanctions or cover other personal losses. States The PRESIDING OFFICER. Under bill, we can send reliable, long-term will also continue to receive reim- the previous order, there is now 2 min- funding.

VerDate Mar 15 2010 05:13 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.045 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5665 In closing, let me tell you what the tion, H.J. Res. 66, as amended, is Provided further, That such amount is des- alternative is if you vote no. If you passed, and the motion to reconsider is ignated by Congress as being for disaster relief vote no on this and think you can go considered made and laid upon the pursuant to section 251(b)(2)(D) of the Balanced home and tell your people you helped table. Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177), as amended. them, you are going to be faced next The joint resolution (H.J. Res. 66), as week with a vote to give your people 6 amended, was passed, as follows: TITLE II DEPARTMENT OF COMMERCE weeks of disaster funding. That is how H.J. RES. 66 long the continuing resolution lasts. Resolved, That the resolution from the ECONOMIC DEVELOPMENT ADMINISTRATION Believe me, having had to rebuild a House of Representatives (H.J. Res. 66) enti- ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS good part of our State, you cannot do tled ‘‘Joint resolution approving the renewal For an additional amount for ‘‘Economic De- it 6 weeks at a time. I strongly suggest of import restrictions contained in the Bur- velopment Assistance Programs’’ for expenses you give a strong vote for disaster vic- mese Freedom and Democracy Act of 2003.’’, related to disaster relief, long-term recovery, tims, long-term funding they can rely do pass with the following amendment: and restoration of infrastructure in areas that on, and we negotiate with the House Strike all after the resolving clause and in- received a major disaster designation in 2011 next week. sert the following: pursuant to the Robert T. Stafford Disaster Re- The PRESIDING OFFICER (Mr. DIVISION A—RENEWAL OF IMPORT RE- lief and Emergency Assistance Act (42 U.S.C. 5122(2)), $135,000,000, to remain available until FRANKEN). The question is on agreeing STRICTIONS UNDER BURMESE FREE- DOM AND DEMOCRACY ACT OF 2003 expended: Provided, That the amount in this to the Reid amendment No. 602. paragraph shall not become available for obliga- Mr. DURBIN. Mr. President, I ask for SECTION 1. RENEWAL OF IMPORT RESTRICTIONS UNDER BURMESE FREEDOM AND DE- tion until October 1, 2011: Provided further, the yeas and nays. MOCRACY ACT OF 2003. That such amount is designated by Congress as The PRESIDING OFFICER. Is there a (a) IN GENERAL.—Congress approves the re- being for disaster relief pursuant to section sufficient second? newal of the import restrictions contained in 251(b)(2)(D) of the Balanced Budget and Emer- There is a sufficient second. section 3(a)(1) and section 3A (b)(1) and (c)(1) of gency Deficit Control Act of 1985 (Public Law The clerk will call the roll. the Burmese Freedom and Democracy Act of 99–177), as amended. The assistant legislative clerk called 2003. TITLE III the roll. (b) RULE OF CONSTRUCTION.—This division DEPARTMENT OF DEFENSE—CIVIL Mr. DURBIN. I announce that the shall be deemed to be a ‘‘renewal resolution’’ for DEPARTMENT OF THE ARMY Senator from Wisconsin (Mr. KOHL) is purposes of section 9 of the Burmese Freedom necessarily absent. and Democracy Act of 2003. CORPS OF ENGINEERS—CIVIL The PRESIDING OFFICER. Are there SEC. 2. EFFECTIVE DATE. MISSISSIPPI RIVER AND TRIBUTARIES any other Senators in the Chamber de- This division shall take effect on the date of For an additional amount for ‘‘Mississippi siring to vote? the enactment of this joint resolution or July 26, River and Tributaries’’ for expenses resulting The result was announced—yeas 62, 2011, whichever occurs earlier. from a major disaster designation pursuant to nays 37, as follows: DIVISION B—SUPPLEMENTAL the Robert T. Stafford Disaster Relief and Emer- [Rollcall Vote No. 135 Leg.] APPROPRIATIONS gency Assistance Act (42 U.S.C. 5122(2)), $890,177,300, to remain available until expended YEAS—62 The following sums are appropriated, out of any money in the Treasury not otherwise appro- for repair of damages to Federal projects: Pro- Akaka Hagan Nelson (FL) priated, to provide emergency supplemental ap- vided, That the amount in this paragraph shall Baucus Harkin Pryor not become available for obligation until Octo- Begich Heller Reed propriations for disaster relief for the fiscal year Bennet Hoeven ending September 30, 2011, and for other pur- ber 1, 2011: Provided further, That the Assistant Reid Secretary of the Army for Civil Works shall pro- Bingaman Inouye Rockefeller poses, namely: vide a monthly report to the Committees on Ap- Blumenthal Johnson (SD) Rubio TITLE I Blunt Kerry propriations of the House of Representatives Sanders DEPARTMENT OF AGRICULTURE Boxer Klobuchar Schumer and the Senate detailing the allocation and obli- Brown (MA) Landrieu Shaheen FARM SERVICE AGENCY gation of these funds, beginning not later than Brown (OH) Lautenberg Snowe 60 days after enactment of this Act: Provided Cantwell Leahy EMERGENCY CONSERVATION PROGRAM Cardin Levin Stabenow For ‘‘Emergency Conservation Program’’ for further, That each amount in this paragraph is Carper Lieberman Tester expenses resulting from a major disaster des- designated by Congress as being for disaster re- Toomey Casey Manchin ignation pursuant to the Robert T. Stafford Dis- lief pursuant to section 251(b)(2)(D) of the Bal- Udall (CO) Collins McCaskill aster Relief and Emergency Assistance Act (42 anced Budget and Emergency Deficit Control Conrad Menendez Udall (NM) Act of 1985 (Public Law 99–177), as amended. Coons Merkley Vitter U.S.C. 5122(2)), $78,000,000, to remain available OPERATION AND MAINTENANCE Durbin Mikulski Warner until expended: Provided, That the amount in Feinstein Murkowski Webb this paragraph shall not become available for For an additional amount for ‘‘Operation and Franken Murray Whitehouse obligation until October 1, 2011: Provided fur- Maintenance’’, $60,000,000, to remain available Gillibrand Nelson (NE) Wyden ther, That such amount is designated by Con- until expended to dredge navigation channels NAYS—37 gress as being for disaster relief pursuant to sec- and repair damage to Corps projects nationwide tion 251(b)(2)(D) of the Balanced Budget and related to natural disasters: Provided, That the Alexander Enzi McCain Emergency Deficit Control Act of 1985 (Public Ayotte Graham McConnell Assistant Secretary of the Army for Civil Works Barrasso Grassley Moran Law 99–177), as amended. shall provide a monthly report to the Commit- Boozman Hatch Paul EMERGENCY FOREST RESTORATION PROGRAM tees on Appropriations of the House of Rep- Burr Hutchison Portman For ‘‘Emergency Forest Restoration Pro- resentatives and the Senate detailing the alloca- Chambliss Inhofe Risch tion and obligation of these funds, beginning Coats Isakson gram’’, for expenses resulting from a major dis- Roberts aster designation pursuant to the Robert T. not later than 60 days after enactment of this Coburn Johanns Sessions Act: Provided further, That the amount in this Cochran Johnson (WI) Stafford Disaster Relief and Emergency Assist- Shelby Corker Kirk ance Act (42 U.S.C. 5122(2)), $49,000,000, to re- paragraph is designated by Congress as being Thune Cornyn Kyl for an emergency requirement pursuant to sec- Wicker main available until expended: Provided, That Crapo Lee the amount in this paragraph shall not become tion 3(c)(1) of H. Res. 5 (112th Congress) and to DeMint Lugar available for obligation until October 1, 2011: section 403(a) of S. Con. Res. 13 (111th Con- NOT VOTING—1 Provided further, That such amount is des- gress), the concurrent resolution on the budget for fiscal year 2010. Kohl ignated by Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced For an additional amount for ‘‘Operation and The PRESIDING OFFICER. On this Budget and Emergency Deficit Control Act of Maintenance’’ for expenses resulting from a vote the yeas are 62, the nays are 37. 1958 (Public Law 99–177), as amended. major disaster designation pursuant to the Rob- ert T. Stafford Disaster Relief and Emergency Under the previous order requiring 60 NATURAL RESOURCES CONSERVATION SERVICE votes for the adoption of this amend- Assistance Act (42 U.S.C. 5122(2)) to dredge EMERGENCY WATERSHED PROTECTION PROGRAM ment, the amendment is agreed to. navigation channels and repair damage to The amendment was ordered to be For ‘‘Emergency Watershed Protection Pro- Corps projects nationwide related to natural dis- gram’’ for expenses resulting from a major dis- asters, $88,003,700, to remain available until ex- engrossed and the joint resolution to aster designation pursuant to the Robert T. pended: Provided, That the amount in this be read a third time. Stafford Disaster Relief and Emergency Assist- paragraph shall not become available for obliga- The joint resolution was read the ance Act (42 U.S.C. 5122(2)), $139,000,000, to re- tion until October 1, 2011: Provided further, third time. main available until expended: Provided, That That the Assistant Secretary of the Army for The PRESIDING OFFICER. Under the amount in this paragraph shall not become Civil Works shall provide a monthly report to the previous order, the joint resolu- available for obligation until October 1, 2011: the Committees on Appropriations of the House

VerDate Mar 15 2010 05:13 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 6333 E:\CR\FM\G15SE6.046 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5666 CONGRESSIONAL RECORD — SENATE September 15, 2011 of Representatives and the Senate detailing the Disaster Relief Appropriations Resolution, The legislative clerk read as follows: allocation and obligation of these funds, begin- 2011’’. A bill (H.R. 2887) to provide an extension of ning not later than 60 days after enactment of TITLE V surface and air transportation programs, and this Act: Provided further, That each amount in DEPARTMENT OF HOUSING AND URBAN for other purposes. this paragraph is designated by Congress as DEVELOPMENT being for disaster relief pursuant to section The PRESIDING OFFICER. The ma- COMMUNITY PLANNING AND DEVELOPMENT 251(b)(2)(D) of the Balanced Budget and Emer- jority leader. gency Deficit Control Act of 1985 (Public Law COMMUNITY DEVELOPMENT FUND Mr. REID. Mr. President, I ask unan- 99–177), as amended. For an additional amount for the ‘‘Commu- imous consent that the three votes nity Development Fund’’, for necessary ex- FLOOD CONTROL AND COASTAL EMERGENCIES that will come soon be limited to 10 penses related to disaster relief, long-term recov- For an additional amount for ‘‘Flood Control minutes each. ery, and restoration of infrastructure, housing, The PRESIDING OFFICER. Without and Coastal Emergencies’’, as authorized by sec- and economic revitalization resulting from a tion 5 of the Act of August 18, 1941 (33 U.S.C. major disaster designation pursuant to the Rob- objection, it is so ordered. 701n), for necessary expenses to prepare for ert T. Stafford Disaster Relief and Emergency Under the previous order, there will flood, hurricane and other natural disasters and Assistance Act (42 U.S.C. 5122(2)) in 2011, be 10 minutes of debate equally divided support emergency operations, repair and other $100,000,000, to remain available until expended, between the Senator from Kentucky, activities in response to recent natural disasters for activities authorized under title I of the Mr. PAUL, and the Senator from Ne- as authorized by law, $244,000,000, to remain Housing and Community Development Act of vada, Mr. REID, or their designees. available until expended: Provided, That the 1974 (Public Law 93–383): Provided, That the Assistant Secretary of the Army for Civil Works The PRESIDING OFFICER. The Sen- amount in this paragraph shall not become ator from Kentucky. shall provide a monthly report to the Commit- available for obligation until October 1, 2011: tees on Appropriations of the House of Rep- Provided further, That such amount is des- AMENDMENTS NOS. 621 AND 622 resentatives and the Senate detailing the alloca- ignated by Congress as being for disaster relief Mr. PAUL. Mr. President, I ask unan- tion and obligation of these funds, beginning pursuant to section 251(b)(2)(D) of the Balanced imous consent to call up en bloc my not later than 60 days after enactment of this Budget and Emergency Deficit Control Act of amendments Nos. 621 and 622. Act: Provided further, That the amount in this 1985 (Public Law 99–177), as amended: Provided The PRESIDING OFFICER. Without paragraph is designated by Congress as being further, That funds shall be awarded directly to objection, the clerk will report the for an emergency requirement pursuant to sec- the State or unit of general local government at tion 3(c)(1) of H. Res. 5 (112th Congress) and to amendments by number. the discretion of the Secretary: Provided fur- The legislative clerk read as follows: section 403(a) of S. Con. Res. 13 (111th Con- ther, That prior to the obligation of funds a gress), the concurrent resolution on the budget grantee shall submit a plan to the Secretary de- The Senator from Kentucky [Mr. PAUL] for fiscal year 2010. tailing the proposed use of all funds, including proposes en bloc amendments numbered 621 For an additional amount for ‘‘Flood Control criteria for eligibility and how the use of these and 622. and Coastal Emergencies’’, for expenses result- funds will address long-term recovery and res- Mr. PAUL. Mr. President, I ask unan- ing from a major disaster designation pursuant toration of infrastructure: Provided further, imous consent that reading of the to the Robert T. Stafford Disaster Relief and That funds provided under this heading may be amendments be dispensed with. Emergency Assistance Act (42 U.S.C. 5122(2)) used by a State or locality as a matching re- The PRESIDING OFFICER. Without and as authorized by section 5 of the Act of Au- quirement, share, or contribution for any other gust 18, 1941 (33 U.S.C. 701n), for necessary ex- objection, it is so ordered. Federal program: Provided further, That such The amendments are as follows: penses to prepare for flood, hurricane and other funds may not be used for activities reimburs- natural disasters and support emergency oper- able by, or for which funds are made available AMENDMENT NO. 621 ations, repair and other activities in response to by, the Federal Emergency Management Agency (Purpose: To limit the amount authorized to recent natural disasters as authorized by law, or the Army Corps of Engineers: Provided fur- be expended from the Highway Trust Fund $66,387,000, to remain available until expended: ther, That funds allocated under this heading in any fiscal year to the amount antici- Provided, That the amount in this paragraph shall not adversely affect the amount of any pated to be deposited into the Highway shall not become available for obligation until formula assistance received by a State or sub- Trust Fund in that fiscal year) October 1, 2011: Provided further, That the As- division thereof under the Community Develop- On page 38, line 24, strike ‘‘(d)’’ and insert sistant Secretary of the Army for Civil Works ment Fund: Provided further, That a State or the following: shall provide a monthly report to the Commit- subdivision thereof may use up to 5 percent of (d) LIMITATION ON HIGHWAY TRUST FUND tees on Appropriations of the House of Rep- its allocation for administrative costs: Provided EXPENDITURES.—Notwithstanding any other resentatives and the Senate detailing the alloca- further, That in administering the funds under provision of law, the amount authorized to tion and obligation of these funds, beginning this heading, the Secretary of Housing and be expended or transferred during a fiscal not later than 60 days after enactment of this Urban Development may waive, or specify alter- year from the Highway Trust Fund, estab- Act: Provided further, That each amount in this native requirements for, any provision of any lished under section 9503 of the Internal Rev- paragraph is designated by Congress as being statute or regulation that the Secretary admin- enue Code of 1986, may not exceed the for disaster relief pursuant to section isters in connection with the obligation by the amount appropriated, transferred, or other- 251(b)(2)(D) of the Balanced Budget and Emer- Secretary or the use by the recipient of these wise made available to the Highway Trust gency Deficit Control Act of 1985 (Public Law funds or guarantees (except for requirements re- Fund during such fiscal year, based on esti- 99–177), as amended. lated to fair housing, nondiscrimination, labor mates made by the Congressional Budget Of- TITLE IV standards, and the environment), upon a re- fice. DEPARTMENT OF HOMELAND SECURITY quest by a State or subdivision thereof explain- (e) FEDERAL EMERGENCY MANAGEMENT AGENCY ing why such waiver is required to facilitate the AMENDMENT NO. 622 use of such funds or guarantees, if the Secretary (Purpose: To decrease the authorization of DISASTER RELIEF finds that such waiver would not be incon- For an additional amount for ‘‘Disaster Re- appropriations for the Federal Aviation sistent with the overall purpose of title I of the Administration to fiscal year 2008 levels) lief’’, $500,000,000, to remain available until ex- Housing and Community Development Act of At the end of title II, add the following: pended: Provided, That the amount in this 1974: Provided further, That the Secretary shall paragraph is designated by Congress as being publish in the Federal Register any waiver of SEC. 210. AUTHORIZATION OF APPROPRIATIONS FOR FEDERAL AVIATION ADMINIS- for an emergency requirement pursuant to sec- any statute or regulation that the Secretary ad- tion 3(c)(1) of H. Res. 5 (112th Congress) and to TRATION AT FISCAL YEAR 2008 LEV- ministers pursuant to title I of the Housing and ELS. section 403(a) of S. Con. Res. 13 (111th Con- Community Development Act of 1974 no later Notwithstanding the provisions of, or gress), the concurrent resolution on the budget than 5 days before the effective date of such amendments made by, this title, or any for fiscal year 2010. waiver. other provision of law, there are authorized For an additional amount for the ‘‘Disaster This division may be cited as the ‘‘Emergency to be appropriated to the Federal Aviation Relief’’ for expenses resulting from a major dis- Supplemental Disaster Relief Appropriations Administration for the period beginning on aster designation pursuant to the Robert T. Resolution, 2011’’. September 17, 2011, and ending on January Stafford Disaster Relief and Emergency Assist- f 31, 2012, for all purposes (other than for the ance Act (42 U.S.C. 5122(2)), $4,600,000,000, to re- Airport and Airway Trust Fund established main available until expended: Provided, That SURFACE AND AIR TRANSPOR- under section 9502 of the Internal Revenue the amount in this paragraph shall not become TATION PROGRAMS EXTENSION Code of 1986) amounts not to exceed the available for obligation until October 1, 2011: ACT OF 2011 amounts authorized to be appropriated to Provided further, That such amount is des- the Administration for the period beginning ignated by Congress as being for disaster relief Mr. REID. Mr. President, I move to on September 17, 2007, and ending on January pursuant to section 251(b)(2)(D) of the Balanced proceed to H.R. 2887 under the terms of 31, 2008, for such purposes. Budget and Emergency Deficit Control Act of the previous order. 1985 (Public Law 99–177), as amended. This Act The PRESIDING OFFICER. The Mr. PAUL. Mr. President, we are con- may be cited as the ‘‘Emergency Supplemental clerk will report the bill by title. sidering today the highway bill and the

VerDate Mar 15 2010 03:57 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.015 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5667 FAA bill. The highway bill is a trust The PRESIDING OFFICER. Senator are going to win that amendment. On fund. When we hear the words ‘‘trust REID has 5 minutes total under his con- transportation, Senator PAUL has of- fund,’’ we should have trust that trol. fered an amendment that technically money is only spent on highways. Un- Mrs. BOXER. That is what I said, 21⁄2 doesn’t do anything, but it is his in- fortunately, that money has been spent minutes and 21⁄2 minutes. tent, as he said, to cut the funding by through the years on other items. The The PRESIDING OFFICER. Without one-third. same applies to the Social Security objection, it is so ordered. If that amendment were to pass, and trust fund and with the Medicare trust Mrs. HUTCHISON. If I can clarify, I if his intent was carried out, it would fund. It is all sent to the General think the Senator from California is mean we would lose 608,000 jobs right Treasury, and it is not protected. saying the highway bill will get 21⁄2 away—608,000 jobs right away. We can’t What I am asking today through this minutes, and we will agree to split our afford to do that. amendment to the highway bill is that time with the ranking members. The funding is in this bill. There is we keep the trust fund separate and Mrs. BOXER. That is correct. no need to cut this bill. It is paid for, the trust fund spends only money that The PRESIDING OFFICER. Without and we are ready to go. Republicans comes in from the gas tax. If we con- objection, it is so ordered. and Democrats on the Environment tinue to spend money that is not com- The Senator from West Virginia. and Public Works Committee are in ing in from the gas tax, this will be Mr. ROCKEFELLER. Mr. President, I agreement on a clean extension. money borrowed from China or simply rise in opposition—very strong opposi- I thank my ranking member. As ev- printed, and there are ramifications to tion—to the Paul amendment. The eryone knows, we do not see eye to eye borrowing $40,000 a second. Senate voted on this earlier this year on the environment, and that is an un- So my amendment to the highway and turned it down very emphatically. derstatement. bill would say we only spend what The Federal Aviation Administration, The PRESIDING OFFICER. The Sen- comes in through taxes. I consider this FAA, is taken for granted by some. ator has used her allotted time. to be responsible budgeting and what They just assume there will always be Mrs. BOXER. On infrastructure, we we should be doing and likely what we money and everything can go on con- are together. We want a clean exten- were probably obligated under the stantly. The Senate has rejected this. sion. We fight for these jobs and these original trust agreement to do. So I The FAA has raised very substantial businesses. urge passage of this amendment which concerns publicly—but more impor- I thank the Chair, and I yield the re- would limit the highway trust fund to tantly, from my point of view, to me mainder of my time to the ranking that amount of funds coming in privately—that at all levels they will member. through taxes. have to start compromising safety, al- The PRESIDING OFFICER. The Sen- My second amendment is to the FAA though they will not intend to, and ator from Oklahoma. bill. This amendment says spending in eventually we will put FAA at risk. Mr. INHOFE. We have two amend- the FAA bill go to 2008 levels. Since It is a very bad and dangerous ments we are talking about now in a 2008, spending in our government has amendment—a mischievous amend- short period of time. First, I will sup- gone up 25 percent. We are mounting a ment—and it should be defeated. port the FAA amendment. I think Sen- The PRESIDING OFFICER. The Sen- deficit of $1.5 trillion. Our Nation’s ator PAUL has a good idea. ator from Texas. debt is $14 trillion. There are signifi- I would only say this: I want my Re- Mrs. HUTCHISON. Mr. President, I cant ramifications to incurring so publican conservatives to listen care- urge my colleagues not to support the much debt. fully. This is totally different than any Paul amendment on FAA. Although I other bill because what this is—there is The debt does have a face—it is the understand what he is trying to do, to adequate money right now in the high- face of unemployment. Economists bring it down, this is a clean extension way trust fund to carry out the exist- have said our debt burden is leading to that has been passed by the House. The ing spending until 2013. So I would only our losing 1 million jobs a year; that 1 House has gone out for the weekend, say that money is dedicated for that million people are out of work because and the FAA authorization lapses to- purpose, and it is going to be spent for of the debt we carry. Economists have morrow. We have had a shutdown of that purpose. Anything that came from also said this debt burden, when it is the FAA in the last 6 weeks and it dis- a source other than a gas tax was paid for through the printing of money, rupts airport expansions, and it dis- merely paid back from money bor- leads to higher prices in the stores. Our rupts the FAA itself. rowed out of the trust fund. So from a gas prices have doubled not because gas We will work with Senator PAUL to moral standpoint, this should be spent is more precious but because our dollar make sure we are doing everything we on infrastructure on the highway bill— is less precious. Our dollar is less pre- can to cut the FAA budget, but this is on the extension. Then we will be able cious because we are paying for a debt a clean 2011 extension, with no addi- to talk about something more impor- by inflating the currency. tions, and I urge my colleagues to sup- tant, which is the bill coming up, and What this amendment asks is that we port the bill without the amendment. that will be the permanent one. go back to 2008 levels, which, believe it The PRESIDING OFFICER. The Sen- So I think it is not going to make or not, if we did this through the entire ator from California. any difference. I will oppose it on con- government, will still not balance the Mrs. BOXER. Mr. President, if you cept because that money is dedicated budget. This is a modest proposal. It is can tell me when I have finished with for a purpose and paid for by people the very least we can do if we believe 11⁄2 minutes, please. who believe we are going to improve in a responsible budget and that we The PRESIDING OFFICER. Yes. our highways. must balance our budget. Mr. INHOFE. Point of inquiry, Mr. The PRESIDING OFFICER. The Sen- The second amendment would take President. At some point I want 30 sec- ator from Kentucky has 2 minutes. spending to 2008 levels, and I encourage onds, if we can figure out how to do Mr. PAUL. Mr. President, I am satis- the Senate to pass these amendments. that. fied, and I would ask for the yeas and The PRESIDING OFFICER. The Sen- Mrs. BOXER. I will reserve the rest nays. ator from California. of the time for the Senator to close. So The PRESIDING OFFICER. Is there a Mrs. BOXER. Mr. President, the ma- tell me when I have used that 11⁄2 min- sufficient second? jority leader has asked that Senator utes, and the Senator will have 1 There is a sufficient second. ROCKEFELLER have 21⁄2 minutes of the minute left. The question is on agreeing to time that remains on our side, which Today, Mr. President, was a very Amendment No. 621. shall be divided, and I will have the 21⁄2 rough day for us to get to this moment. The yeas and nays have been ordered. minutes to speak about the highway I thank everyone who came together to The clerk will call the roll. amendment, which I would share that, finally get this moving. The legislative clerk called the roll. if he wants to, with Senator INHOFE. I Let me tell you why we are at a crit- Mr. DURBIN. I announce that the ask unanimous consent that be the ical moment. We clearly have to keep Senator from Wisconsin (Mr. KOHL) is order. the FAA going, and we are. I think we necessarily absent.

VerDate Mar 15 2010 03:57 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.051 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5668 CONGRESSIONAL RECORD — SENATE September 15, 2011 Mr. KYL. The following Senator is [Rollcall Vote No. 137 Leg.] able to unionize. For decades the necessarily absent: the Senator from YEAS—36 standard has been that a majority of Florida (Mr. RUBIO). Ayotte Graham McConnell employees would have to agree in an The PRESIDING OFFICER. Are there Barrasso Grassley Moran election to form a union. However, the any other Senators in the Chamber de- Blunt Hatch Paul new NMB rules changed that standard Boozman Heller Portman siring to vote? Burr Inhofe Risch so that all it takes to unionize is a ma- The result was announced—yeas 14, Chambliss Isakson Roberts jority of employees voting. The NMB nays 84, as follows: Coburn Johanns Sessions wants to permanently impose unioniza- Corker Johnson (WI) Shelby [Rollcall Vote No. 136 Leg.] Cornyn Kirk Thune tion with less than majority support. YEAS—14 Crapo Kyl Toomey The House passed long-term FAA re- DeMint Lee Vitter Burr Crapo McCain authorization bill includes language I Enzi McCain Wicker Chambliss DeMint Paul strongly support that eliminates this Coats Johnson (WI) Risch NAYS—61 favor for big labor. Coburn Kyl Toomey Akaka Franken Murray The enactment of a long-term FAA Corker Lee Alexander Gillibrand Nelson (NE) reauthorization bill is very important NAYS—84 Baucus Hagan Nelson (FL) and is something we need to accom- Begich Harkin Pryor Akaka Graham Moran Bennet Hoeven plish. However, the NMB issue needs to Alexander Grassley Murkowski Reed Bingaman Hutchison Reid be resolved for long-term FAA reau- Ayotte Hagan Murray Blumenthal Inouye Barrasso Harkin Nelson (NE) Rockefeller thorization to occur. I will work with Boxer Johnson (SD) Sanders Baucus Hatch Nelson (FL) Brown (MA) Kerry my colleagues on a resolution, but they Schumer Begich Heller Portman Brown (OH) Klobuchar should be on notice that avoiding the Shaheen Bennet Hoeven Pryor Cantwell Lautenberg Bingaman Hutchison Reed Snowe issue through 22 short-term extensions Cardin Leahy is no longer an alternative. I hope my Blumenthal Inhofe Reid Carper Levin Stabenow Blunt Inouye Roberts Casey Lieberman Tester friends have a restful weekend, but Boozman Isakson Rockefeller Coats Lugar Udall (CO) they shouldn’t feel too relaxed even Boxer Johanns Sanders Cochran Manchin Udall (NM) though we just extended the FAA for 4 Brown (MA) Johnson (SD) Schumer Collins McCaskill Warner Brown (OH) Kerry Sessions Conrad Menendez Webb months. We need to get back to work Cantwell Kirk Shaheen Coons Merkley Whitehouse on a long-term FAA reauthorization Cardin Klobuchar Shelby Durbin Mikulski Wyden bill right away. Carper Landrieu Snowe Feinstein Murkowski Casey Lautenberg Stabenow Mr. LEAHY. Mr. President, Senators Cochran Leahy Tester NOT VOTING—3 SANDERS, LAUTENBERG, CONRAD, GILLI- Collins Levin Thune Kohl Landrieu Rubio BRAND and I filed an amendment to Conrad Lieberman Udall (CO) Coons Lugar Udall (NM) The PRESIDING OFFICER. On this provide an additional $2.5 billion to the Cornyn Manchin Vitter vote the yeas are 36, the nays are 61. Federal Highway Administration’s Durbin McCaskill Warner Under the previous order requiring 60 Emergency Relief Fund, which is woe- Enzi McConnell Webb fully underfunded right now. In addi- Feinstein Menendez Whitehouse votes, the amendment is rejected. Franken Merkley Wicker Under the previous order, the motion tion, our amendment would waive the Gillibrand Mikulski Wyden to reconsider is considered made and $100 million per State cap on emer- NOT VOTING—2 laid upon the table. gency funding, which has been done for previous disasters, and allow 100 per- Kohl Rubio Mr. LEVIN. Mr. President, I will vote for passage of H.R. 2887, a combined cent Federal reimbursement for dis- The PRESIDING OFFICER. On this FAA and surface transportation exten- aster repair work occurring more than vote, the yeas are 14, the nays are 84. sion bill. 180 days after the disaster. Under the previous order requiring 60 This legislation averts a damaging Nearly 3 weeks ago, Vermont bore votes for the adoption of this amend- shutdown of either program. If we fail the full brunt of then-Tropical Storm ment, the amendment is rejected. to extend these programs, it will mean Irene as it turned gentle mountain Under the previous order, the motion layoffs and the loss of significant rev- streams and valley rivers into raging to reconsider is considered made and enue to fund airport and road pro- torrents of destruction. Whole towns laid upon the table. grams. were cut off from the outside world. VOTE ON AMENDMENT NO. 622 The current FAA extension expires Homes, businesses, farms, water sys- Under the previous order, the ques- tomorrow and the current surface tems, and miles of roads and bridges tion is on agreeing to amendment No. transportation extension expires at the were swept away. And some 622, offered by the Senator from Ken- end of the month, along with the au- Vermonters lost their lives in these tucky, Mr. PAUL. thority to collect the Federal gas taxes devastating floods. Mr. INHOFE. I ask for the yeas and that fund the Highway Trust Fund. Roads, bridges, and rail lines all over nays. Passing this bill quickly and extending the State have been wiped out. Flood- The PRESIDING OFFICER. Is there a the FAA reauthorization for 4 months ing closed more than 300 town and sufficient second? There appears to be and the surface transportation bill for State roads and damaged more than 30 a sufficient second. 6 months allows Congress more time to bridges in Vermont, stranding people The clerk will call the roll. work out the issues that are holding up in more than a dozen towns for days. It The assistant legislative clerk called completing long-term reauthoriza- is going to take years and years for my the roll. tions. small State to recover. Mr. DURBIN. I announce that the Just as important, it keeps thou- In the aftermath, it has been ex- Senator from Wisconsin (Mr. KOHL) and sands of workers on the job, supporting tremely difficult to move emergency the Senator from Louisiana (Ms. LAN- their families. supplies and rebuilding materials DRIEU) are necessarily absent. Mr. HATCH. Mr. President, I want to around, as some of the washed-out Mr. KYL. The following Senator is explain my vote of the FAA extension. roads have gaping gullies in the middle necessarily absent: the Senator from As I have said many times, I share that are 30 feet or more deep, and some Florida (Mr. RUBIO). House Transportation and Infrastruc- of the reopened roads and bridges are Further, if present and voting, the ture Committee Chairman MICA’s frus- not yet recommended for heavy traffic. Senator from Florida (Mr. RUBIO) tration, and the frustration of Repub- The consequences have been harsh. would have voted ‘‘yes.’’ lican leadership in both the House and Residents are forced to make 30-mile- The PRESIDING OFFICER (Mr. the Senate, that favors to organized plus detours to the nearest grocery UDALL of Colorado). Are there any labor have overshadowed the prospects store or doctor—on mountain roads, other Senators in the Chamber desiring for long-term FAA reauthorization. some of them unpaved. Businesses are to vote? Last year the National Mediation struggling to reopen and find cus- The result was announced—yeas 36, Board changed the rules under which tomers. Schools have been forced to re- nays 61, as follows: employees of airlines and railroads are main closed until repairs are made.

VerDate Mar 15 2010 03:57 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.018 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5669 And tourists are worried about trav- The PRESIDING OFFICER. Is there a RELATIVE TO THE DEATH OF THE eling to Vermont this fall to see the fo- sufficient second? HONORABLE MALCOLM WALLOP, liage or this winter to do some skiing. There appears to be a sufficient sec- FORMER SENATOR FROM THE Our small State is stretched to the ond. STATE OF WYOMING limit right now. Winter is fast ap- The clerk will call the roll. Mr. ENZI. Mr. President, I ask unani- proaching, which means the end of the The assistant legislative clerk called mous consent that the Senate now pro- construction season is near. By Novem- the roll. ceed to the consideration of S. Res. 268, ber it will be too cold to lay asphalt, Mr. DURBIN. I announce that the which was submitted earlier today. and by December snow and ice will Senator from Wisconsin (Mr. KOHL), is The PRESIDING OFFICER. The cover the mountains, leaving many necessarily absent. clerk will report the resolution by towns dangerously isolated. We need to Mr. KYL. The following Senator is title. make more permanent repairs as soon The legislative clerk read as follows: as possible or future rains and the fall’s necessarily absent: The Senator from Florida (Mr. RUBIO). A resolution (S. Res. 268) relative to the freeze-thaw cycle will further deterio- death of the Honorable Malcolm Wallop, rate our roads and make them all but Further, if present and voting, the former Senator from the State of Wyoming. Senator from Florida (Mr. RUBIO) impassable this winter. With just There being no objection, the Senate would have voted ‘‘yea.’’ weeks to accomplish so much, we need proceeded to consider the resolution. the full and immediate support of The PRESIDING OFFICER. Are there Mr. ENZI. I ask unanimous consent FEMA, the Department of Transpor- any other Senators in the Chamber de- that the resolution be agreed to, the tation, and many other Federal agen- siring to vote? preamble be agreed to, and the motions cies. The result was announced—yeas 92, to reconsider be laid upon the table. Earlier natural disasters across the nays 6, as follows: The PRESIDING OFFICER. Without Nation have drawn down our emer- [Rollcall Vote No. 138 Leg.] objection, it is so ordered. gency fund accounts, jeopardizing the YEAS—92 The resolution (S. Res. 268) was ability to respond in those States, as agreed to. Akaka Franken Mikulski well as the newly stricken States such Alexander Gillibrand Moran The preamble was agreed to. as Vermont. FEMA has less than $400 Ayotte Graham Murkowski The resolution, with its preamble, million in its disaster account for the Barrasso Grassley Murray reads as follows: Baucus Hagan rest of fiscal year 2011, and the Federal Nelson (NE) S. RES. 268 Begich Highway Administration’s disaster ac- Harkin Nelson (FL) Bennet Hatch Portman Whereas Malcolm Wallop served in the Wy- count is under $200 million. On top of Bingaman Heller Pryor oming House of Representatives from 1969 to that, the Federal highway account al- Blumenthal Hoeven Reed 1972, and in the Wyoming Senate from 1973 to ready has over $1 billion in backlogged Blunt Hutchison Reid 1976; Boozman Inhofe Risch Whereas Malcolm Wallop represented the projects waiting for funding. Since Boxer Inouye Roberts people of the State of Wyoming in the United damage to Vermont’s Federal-aid roads Brown (MA) Isakson Rockefeller Brown (OH) Johanns States Senate with distinction for 18 years, and bridges alone will exceed half a bil- Sanders Burr Johnson (SD) from 1977 to 1995; lion dollars, it is unclear whether the Cantwell Kerry Schumer Whereas, while serving in the Senate, Mal- $2.5 billion we propose in this amend- Cardin Kirk Sessions colm Wallop championed the development of Shaheen ment will even cover all of the costs for Carper Klobuchar space-based anti-missile defense, supported Casey Kyl Shelby declared disasters including Irene. But Snowe legislation to reduce inheritance and gift Chambliss Landrieu taxes, fought to restore fish habitats in the it is a good start. Coats Lautenberg Stabenow We must act quickly to replenish Cochran Leahy Tester United States, and opposed the control of the FEMA’s disaster relief fund, Federal Collins Levin Thune water resources of the State of Wyoming by Conrad Lieberman Udall (CO) the Federal Government; highway’s emergency road fund, and a Udall (NM) variety of other disaster accounts that Coons Lugar Whereas Malcolm Wallop created the Con- Corker Manchin Vitter gressional Award Program in 1979 as a chal- are at dangerously low levels right Cornyn McCain Warner lenge to young people throughout the United Webb now. Without additional funding to Crapo McCaskill States to change the world around them these and other emergency accounts, Durbin McConnell Whitehouse Enzi Menendez Wicker through personal initiative, achievement, Vermont and all of the other 49 States Feinstein Merkley Wyden and service; with ongoing Federal disasters will not Whereas, in 1984, Malcolm Wallop coau- have the resources they need to re- NAYS—6 thored section 1014 of the Tax Reform Act of build. Coburn Johnson (WI) Paul 1984 (Public Law 98-369; 98 Stat. 1015), com- Thousands of American families and DeMint Lee Toomey monly known as the Wallop-Breaux Amend- businesses have been devastated by an NOT VOTING—2 ment, which remains today as the leading unprecedented series of floods, torna- legislative initiative for sport fish restora- Kohl Rubio tion in the United States; does, hurricanes, wildfires, and other Whereas Malcolm Wallop served as chair- natural disasters this year. The people The bill (H.R. 2887) was passed. The PRESIDING OFFICER. Under man of the Select Committee on Ethics, hurting out there are desperate for a ranking member of the Committee on En- helping hand from their fellow Ameri- the previous order, the motion to re- ergy and Natural Resources and the Com- cans. Given the breadth and depth of consider is considered made and laid mittee on Armed Services, chairman of the Irene’s destruction, on top of the ongo- upon the table. Senate Steering Committee, and was the ing disasters already declared in all 50 The Senator from Wyoming. first nonlawyer in the history of the Senate States, we must ensure that FEMA, the to serve on the Committee on the Judiciary; Department of Transportation, and all f Whereas, after retiring from the Senate, Malcolm Wallop founded the Frontiers of of the other Federal agencies involved Freedom Institute to continue addressing in disaster-relief efforts have the re- MORNING BUSINESS the issues he championed as a Senator and to sources they need to help our citizens Mr. ENZI. Mr. President, I ask unani- ensure that the ideals he espoused were not in their desperate time of need. forgotten; and The PRESIDING OFFICER. The mous consent that the Senate proceed Whereas the hallmarks of Malcolm Wal- question is on the third reading of the to a period of morning business, with lop’s public service were conservatism, civil- bill. Senators permitted to speak for up to ity, and working for the western way of life: The bill was ordered to a third read- 10 minutes each, with an exception for Now, therefore, be it ing and was read the third time. myself and the other Senator from Wy- Resolved, That— The PRESIDING OFFICER. Under oming, concerning a tribute to Mal- (1) the Senate has heard with profound sor- colm Wallop, who passed away yester- row and deep regret the announcement of the the previous order, the bill having been death of the Honorable Malcolm Wallop, read the third time, the question is, day, and that we might have such time former member of the Senate; and Shall the bill pass? as needed. (2) the Secretary of the Senate commu- Mrs. FEINSTEIN. I ask for the yeas The PRESIDING OFFICER. Without nicate this resolution to the House of Rep- and nays. objection, it is so ordered. resentatives and transmit an enrolled copy

VerDate Mar 15 2010 03:57 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.049 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5670 CONGRESSIONAL RECORD — SENATE September 15, 2011 of this resolution to the family of the de- extensive port-a-potties and built an ad ally on arms control. He was an active ceased. that made the point. Of course, we participant in a number of those talks. Mr. ENZI. Mr. President, it was with can’t show videos on the floor, but I Ultimately, the human rights issues a mixture of sadness for his loss and have to describe this ad because it is and Western pressure on them helped gratitude for having known him that I still considered one of the classics of to bring about deliberations on the received the news that Malcolm Wallop running for office. Baltics and Eastern Europe. had passed away yesterday. He was a The camera first shows a cowboy in a Still, no matter where he was or man of strong principles who served blue work shirt and a tattered straw what he was doing, he never lost his over the years with some truly remark- hat saddling and mounting his horse focus on his constituents back home able people, such as Dick Cheney and while the announcer says: and how they were being affected by Al Simpson, to make up some of the Everywhere you look these days, the Fed- what the Federal Government was most influential and strongly united eral Government is there, telling you what doing or proposing. That is why so State delegations I have ever seen. they think, telling you what they think you many in Wyoming will always remem- Those of us who served with him will ought to think, telling you how you ought to ber him as a warrior who fought with remember him with a great deal of do things, setting up rules you can’t follow. all his might to put an end to the bat- fondness as one of the greatest war- I think the Federal Government is going too tle that was going on back then to in- riors from Wyoming and the West who far. Now they say if you don’t take that crease Federal regulations and reduce portable facility on a roundup, you can’t go. have ever served in the Senate. Wheth- State and local control over many fac- er a person agreed with him or not, he At that point, you see the cowboy ets of life in Wyoming and the West. He earned the respect of those he served shake his head in disgust, and then cut knew it had to be stopped, and he did with because it was clear he spoke back to a donkey tied behind the cow- not rest until he made it happen. from the heart with words that re- boy’s horse, and strapped on the don- Malcolm was a true conservative, and flected his commitment to his home key’s back is a portable toilet. The the principles and values that meant so State of Wyoming and our Western way cowboy rides off. much to him helped to set his inner of life. That ad got him noticed and elected, compass and guide and direct him in Malcolm was born in New York and along with his great ability to explain everything he did. His commitment to later attended and graduated from Yale things. conservative values was so strong that University. He immediately felt the After a spirited campaign, Malcolm it led him to create the Republican call to serve his country, and he joined proudly took his oath of office and pre- steering committee, which now in- the Army. Then, when his days in the pared for the challenges that would lie cludes just about all the Republicans in military were over, he returned to his ahead as Wyoming’s newest Senator. the Senate. He knew how important it life as a rancher in Wyoming. It was a Some may have thought it wise to was to create a working group that vocation he took up with great passion start slowly and eventually gain mo- would serve as a sounding board that as it reflected his love of the land and mentum but not Malcolm. He got here would provide guidance and direction his enjoyment of the great outdoors. I and started right to work on what he for the ideas and proposals he and think those long hours spent on his came here to do. Over the years, he other conservatives wanted to offer to ranch gave him the time he needed to served on a long list of committees, control spending, to limit the growth think about that which really and he had an impact on each and of government, and to ensure freedoms mattered to him and to his future. It every one of them. They included the we have all come to cherish as Ameri- must have been there that he began to Energy and Natural Resources Com- cans, to see that they would forever be get his thoughts together and speak his mittee, the Finance Committee, the protected and preserved. mind on a long list of issues that Small Business Committee, the Armed His love of outdoor sports led him to mattered to him and to all of those Services Committee, and the Select champion a tax on hunting and fishing who shared his political philosophy. It Committee on Intelligence. He will equipment that could only be used for led him on a path over the years that also be remembered as the first non- habitat and facilities. Supported by the would see him writing a long list of lawyer to serve on the Judiciary Com- sportsmen, that provision is still in prestigious and popular publications mittee. place, and we protect its use, to be used that got him noticed and quoted Malcolm served for 18 years in the for what it was intended. throughout his long and productive ca- Senate, and the record reflects that he These are just a few of the items you reer. used his time wisely and well. Al- could find on a list of Malcolm’s ac- Malcolm found his home on his though it would be impossible to list complishments in the Senate. There ranch, but he really found his true call- everything he was able to accomplish are many, many more that would be ing when he ran for and won a seat in during his service, quite a few mile- part of the legacy of his service. But the State legislature, first in the house stones stand out that had a great im- there is one more at the top of the list and later on in the Senate. It was in pact not only on his constituents but which I know was closest to his heart the State legislature that he developed on people across the whole country. and which I have to mention before I a well-earned reputation for being a His legislation to cut inheritance and close. thoughtful legislator who became the gift taxes was passed by Congress, an Throughout his life, Malcolm was a voice of his constituents as he worked achievement that was hailed as one of strong believer in the importance of to ensure their concerns were heard the major legislative accomplishments the volunteer spirit. That is why he and heard clearly on a number of issues at that time on tax reform. He also proposed the Congressional Awards that affected them and their daily fought to stop the Federal Govern- program. First of all, it did not cost lives. ment’s effort to control Wyoming’s anything, which he appreciated as a Encouraged by what he had been able water resources and the taking of pri- fiscal conservative. Secondly, it was to do, Malcolm ran for Governor, but vate property. best described as a challenge issued to God needed a legislator, so he lost the Although Malcolm’s career had young people all across the Nation to primary. Malcolm then set his sites on begun right in his own backyard, it get up, get active, and get involved serving in the U.S. Senate. He ran wasn’t long before he had expanded his down the street, down the block, or against a three-term incumbent. He sights and soon began to work on en- across town. It helped young people to knew running for the Senate would not ergy and foreign trade issues which realize that no matter the problem, be easy, but he was always one willing took him to conferences and meetings there was something they could do to to do whatever was needed to ensure he all over the world. He had a great deal help solve it. achieved his objectives. The Senate of success in those efforts as he worked Malcolm proposed the idea, and Con- race proved to be no exception. to strengthen our relationships with gress soon passed it. No other award OSHA, the Occupational Safety and our foreign trade partners. Because of program is quite like it, and no other Health Administration, had come into his concern about our national defense, award like it is issued by Congress. It being and drafted its first regulations. Malcolm was heavily involved in the is not an easy award to earn. I am cer- Malcolm noted the requirements for work that was being done internation- tain that is how Malcolm intended for

VerDate Mar 15 2010 03:57 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.021 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5671 it to be. Any young American who has Now Malcolm is taken from us all too I want to send my deepest condo- a dream they wish to pursue can earn soon. He will be greatly missed, and he lences to Malcolm’s family back in Wy- one of these important awards. Wheth- will never be forgotten. When I learned oming and around the country: to Isa- er it is a bronze, silver, or gold award, of his passing, my thoughts turned to bel, his wife; to his beloved children, each participant sets his own goal and those Wyoming Senators we have lost Malcolm, Matthew, Amy, and Paul; to works with an adviser to get there, over the last few years: Craig Thomas, his dear sisters, Jeannie and Carolyn. step by step. They set their own stand- Cliff Hansen, and now Malcolm Wallop. I also want to offer my condolences ards in four program areas: volunteer They may be gone, but their memories to all of those folks who worked for public service, personal development, will live on and serve to remind us that Senator Wallop during his years of ex- physical fitness, and exploration. How each and every one of us—Americans traordinary public service. I have met well they do in each of these categories all across this country of ours—has most and have known many over the determines which award they will earn. something to offer to make a difference years. My wife Bobbi served on his very It may be because of Malcolm’s sta- in the world. If we do not do what God first staff in Washington, and last tus as the founder of the program that has sent us here to do, no one else will night she shared with me again what it always seems to me that when the be able to do it for us. we have all come to know: Malcolm gold award winners come to Wash- Diana and I join in sending our heart- was a kind, caring, and extraordinary ington, DC, for the presentation cere- felt sympathy to Malcolm’s family and gentleman. Malcolm’s staff served him mony, there are more Wyoming win- to everyone who knew him personally ably and honorably. ners than those from any other State. or politically or who followed his pub- I know there are also some in this Just like Malcolm, I am very proud of lic life. He was a remarkable individual body today who served alongside Mal- colm Wallop. You no doubt remember the spirit of my State’s young people who fulfilled his life’s dream by work- him well. It was just 4 years ago that and the way they answer this and every ing hard, always giving the best he had Senator Wallop returned here to this challenge—with enthusiasm and deter- to offer, and constantly looking ahead Chamber and attended my own swear- mination to do whatever it takes to to the problems that were looming on ing-in on June 25, 2007. On that day, as succeed. the horizon so they could be addressed In the years to come, the Congres- before they became too difficult to is tradition, Senator Wallop walked sional Awards will continue to be one handle. with me up to the President’s desk to of the best parts of Malcolm Wallop’s At moments such as these, I have al- take the oath. He stood with me during legacy of service to the Nation, and it ways believed there is no greater gift the ceremony and offered private words will inspire and encourage countless we can give to someone who is grieving of encouragement and advice. I was more young people to do whatever they the loss of a loved one than to keep honored that day to have him there can to change the world around them, them in our thoughts and hold them next to me, and it saddens me greatly beginning like Malcolm did, right in gently in our prayers. I have found that to join Senator ENZI to announce his their own backyard. It already has a God has a way of hearing and healing death. Malcolm Wallop was someone I fol- great record of successes, and I cannot us in our darkest hours. May His pres- lowed throughout his career. I admired think of a better way to remember ence now be a source of peace and com- him greatly. He was a man whom many Malcolm Wallop. In fact, it is probably fort to all those who mourn Malcolm’s of us looked up to, as he grew into one how he would most want to be remem- loss. The knowledge that there are so of the most influential legislators of bered. many who will never forget him may, After Malcolm had served three in time, help to soften the pain his his time. ‘‘Hello, my friend’’—that was his terms in the State senate and given 18 passing leaves behind for all who knew classic western rancher’s drawl, and it more years of his life to the people of him, loved him, and called him their was what you heard if Malcolm Wallop Wyoming, he took another long walk friend. To heal the empty spot in our hearts, was on the other end of the phone line on his ranch, gave it some thought, and I encourage all who knew Malcolm to or came through the door. Malcolm decided it was time for him not to re- write down their memories and share was a real-life version of anyone’s tire—for someone like Malcolm never them. I know with full confidence this image of a western gentleman. slowed down—he just felt it was time will not be the last time Malcolm Wal- Today, I remember him as a brilliant for him to change direction. So he an- lop’s name will be heard on the Senate servant-leader. He possessed a special nounced he was stepping down from the floor. In the years to come, we will western wisdom, which often found Senate to give someone else a chance often think of him and the example he those around him racing just to catch to continue the work that must be provided at so many times. But for up. He found great contentment in all done to make Wyoming and our Nation now, let us say goodbye to our friend. of the many facets of his life. Even dur- a better place to live for us all. He will be missed, but he will never be ing recent years, when numerous med- It was not long after leaving the Sen- forgotten. ical challenges conquered his physical ate that Malcolm founded an organiza- I yield the floor. body, his spirit and his intellect were tion called the Frontiers of Freedom to The PRESIDING OFFICER. The Sen- never diminished. enable him to continue his work to ad- ator from Wyoming. Public service was his heritage and dress the issues of personal freedom Mr. BARRASSO. Mr. President, I his calling. His grandfather, Oliver and the need to keep our government come to the floor today to honor one of Henry ‘‘Noll’’ Wallop, founded the Can- from growing too large and too power- our former colleagues and a dear yon Ranch in the Big Horn Mountains ful. I have always felt, like Will Rogers friend. U.S. Senator Malcolm Wallop of Wyoming in 1888. That is before Wy- said so many years before him, that he died yesterday, September 14, 2011, at oming even became a State. Noll had opened his office just a short distance his Wyoming home overlooking the the distinction of serving first in the from Washington so he would be better majestic Big Horn Mountains. Wyoming State Legislature and then, able to keep an eye on us. Senator Wallop will be remembered later in life, in the House of Lords in In the years he served at the helm of as a unique and enduring figure in the Great Britain. Noll was the youngest the Frontiers of Freedom, it was clear history of Wyoming and in the history son of Lord Isaac Newton Wallop, the that it reflected the true north of Mal- of the United States. Malcolm was a fifth Earl of Portsmouth. When Noll’s colm Wallop’s inner compass. Just like stalwart defender of freedom and de- older brothers died, he reluctantly re- he had done for so many years, the or- mocracy around the world and a deter- turned to England to fulfill the family ganization was completely focused on mined advocate for limited government duty. However, his own son Oliver, who many of the issues he had worked on in and opportunity for every person. Like was Malcolm’s father, had been grown the Senate, and, like him, it was a that iconic range in northern Wyoming up and he remained in Wyoming. much valued and important presence in that he loved, Malcolm stood very Malcolm was born in 1933, and Big the ongoing conversation and debate tall—as a citizen, as a State and Fed- Horn was always his home. His chil- about the direction in which our coun- eral legislator, and as a loyal guardian dren and his grandchildren are the try was headed and whether that need- for Wyoming people and our way of fourth and fifth generations of his fam- ed to change. life. ily to make their lives in the beautiful

VerDate Mar 15 2010 03:57 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.065 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5672 CONGRESSIONAL RECORD — SENATE September 15, 2011 Big Horn Mountain area of north cen- rights, the rights to privacy, and he in July. In July of 1977, he held the tral Wyoming. They ranch, they own was a champion of the rights of the in- first Frontier East, an east coast cele- businesses, they teach, they raise their dividual. bration of Cheyenne’s Frontier Days, children, they serve their community— He was remembered for the Wallop which is known simply as COWPIE. all those things we do to make this Na- amendment to the Surface Mining Con- COWPIE stands for the Committee of tion strong. trol Act, a property rights issue which Wyoming People in the East. It is still Malcolm was a pilot. He served as a forced the Federal Government to com- today one of the Washington area’s first lieutenant in the U.S. Army. He pensate property owners whose ability most celebrated summer events. was a cattle rancher elected to the Wy- to mine was undercut by regulation. He My wife Bobbi reminds me how abso- oming State Legislature, serving both worked successfully to protect State lutely joyful Malcolm was each year on in the house as well as in the senate interest in the Clean Water Act. He his birthday. His birthday was Feb- from 1969 through 1976. brought significant wilderness to Wyo- ruary 27. As Bobbi reminds me, that is In 1974, Wallop ran unsuccessfully for ming through the 1984 Wilderness Act. when his staff organized the Wally Governor of Wyoming. But it was dur- He was a key force behind the pas- Awards, making great fun of them- ing that summer campaign that Mal- sage of the far-reaching 1982 Energy selves and their boss. I am told the best colm began to distinguish himself as a Policy Act. Senator Wallop, on more was the impersonation of him by his principled and energetic future force in than one occasion, commented that he chief of staff, Bill Hill. That is the Republican politics. He did not shy ‘‘was not burdened with a law degree.’’ same chief of staff who then went on to from the tough issues; instead, he Yet he was selected in his very first serve as Chief Justice of the Wyoming seemed to gather strength from the term to serve on the Judiciary Com- Supreme Court. challenges. mittee, the first nonlawyer ever so cho- Malcolm remained forever steadfast Only 2 years later, he unseated in- sen. against the growth and the power of cumbent U.S. Senator Gale McGee and Perhaps his greatest contribution centralized government. He warned: became Wyoming’s 19th Senator, serv- was his landmark legislation to address ‘‘As we remain the sheep, the govern- ing from 1977 to 1995. the heartbreaking issue of parental ment happily remains our shepherd.’’ When Malcolm was elected to this kidnapping. He was one of a long and He talked often as a Senator of our body in 1976, it was really something. distinguished line of Wyoming Sen- shrinking freedom and the battle to lay You heard about the commercials from ators who served with distinction on claim to our fragile liberty. That was Senator ENZI. Well, a group of young the Senate Finance Committee. His Malcolm Wallop. When he announced people had gathered around to support 1981 bill to cut inheritance and gift his retirement in 1993, after 18 years in his very unlikely bid to serve Wyoming taxes is remembered as one of the most the Senate, Senator Wallop told the in the U.S. Senate. The national press substantive changes to tax policy that Casper Star Tribune simply: ‘‘I don’t called it the Children’s Crusade. Many decade. think the only place to fight for free- of those young people came to Wash- He appreciated opportunities which dom is in the halls of Congress.’’ His life after the Senate was filled ington with him, and my wife Bobbi allowed for private/public sector part- with his continuing work on issues fo- Brown was among those, who began her nerships. Early in his Senate career, cusing on constitutionally limited gov- own public service career as part of his there was talk of establishing a na- ernment, a strong national defense, first-term staff. tional service requirement for young and the rights of the individual. To ad- It is an indication of the affection people. But Malcolm felt that if we dress these issues, he founded the Fron- and the loyalty felt by those who were were going to require young people to tiers of Freedom. part of his team that more than 60 peo- serve the Nation, the Nation should He spoke with power and eloquence ple gathered with Malcolm in Wyoming recognize them for the service so many about the issues which he found to be in 2006 for a 30-year reunion. were already providing through their the core of our great country. In a 2003 He served three terms in the Senate, daily lives. interview with Peter Evans, he said: and his work here was very broad in This resulted in his leadership to es- You’ll find in the American people an enor- scope. His presence was lasting, and it tablish the Congressional Award. He mous sense of pride and self assurance that touched on the mercurial issues of the joined with colleagues in both Houses only comes from people living free. It’s unbe- late 1970s and 1980s, from energy policy of Congress in a bipartisan effort and a lievably invigorating, and very reassuring, to the environment, from national se- unique program available to all inter- to know the great experiment is in the hands curity to tax reform. ested young people in the country was of people who don’t even know it, and isn’t One of our own colleagues, Senator created. in the hands of the people who think they hold it. CARL LEVIN, said of Malcolm: It is a program of Congress which op- While we disagreed, again, probably as erates with private sector funds. It is Malcolm Wallop was so many things. often as we agreed, that did not stand in the an earned honor and is the highest But what Malcolm Wallop was not was way of my admiration for the quality, the honor which we bestow on our Nation’s sentimental. The new phase of his life characteristic that he had of letting you young people. The many young people was the full phase of his life. He did not know precisely where he stood and why. in my State who participate in the dwell on past things. His energy was al- He went on to say: Close Up program do so because Mal- ways spent looking forward. And his patriotism is second to none in colm thought it was an important op- I wish to conclude by repeating Sen- this body. portunity for his young constituents. ator Wallop’s own words. Speaking in Malcolm Wallop was the first elected At the time, Close Up only offered 2005 before the Ronald Reagan Gala official to propose a space-based mis- their program in the cities. Malcolm sponsored by the Frontiers of Freedom, sile system, which eventually became worked to convince the Close Up Foun- Senator Wallop spoke about his own part of our Strategic Defense Initia- dation that a statewide program would beliefs. tive. He was highly regarded for his work. I believe Close Up today counts Government was not meant to possess us, knowledge and understanding of de- their Wyoming program as one of its rule us, encompass us, judge for us, sub- stitute for us. It was meant to serve us. We fense issues and surely helped bring the most successful. were founded as a noble self-governing tribe Berlin Wall down. Later in his Senate Malcolm Wallop reached across Cap- of free people respecting each other as Amer- service, he was a member of the Hel- itol Hill. He reached across party lines icans under God—not under Washington. sinki Commission, and he traveled in in the creation of the Aquatic Re- Americans know this even if their govern- Eastern Europe and the former Soviet sources Trust Fund, commonly known ment does not. Union as an arms control negotiator. as the Wallop-Breaux Trust Fund, The biggest difference between the prin- Speaking of their strategic partner- which has resulted in billions of dollars ciple of government in America, and any- ship, President Reagan said: ‘‘Leader- where else is that here the rulers must stick generated by users for support of fish- to clearly defined tasks, while ordinary peo- ship, hard work, experience, loyalty to eries and wetlands around the country. ple may do whatever they wish. We must Wyoming—that’s what Malcolm Wallop But it was not all serious. He was an make up our minds to put this principle into is all about.’’ Malcolm was fiercely enthusiastic supporter of his staff’s ef- practice again, lest we lose the spirit that protective of States rights, property forts to deal with their homesickness made us the envy of the world.

VerDate Mar 15 2010 03:57 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.066 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5673 Most important, the American model is wrong with you guys? Why can’t you decades. Here is this article that says based on a certain kind of people—defined work this out in Washington, DC? We Procter & Gamble aims high and low. not by race but by virtue and by the willing- are struggling in the worst economy we I ask unanimous consent that the ar- ness to take responsibility for our own lives. have had since the Great Depression, ticle be printed in the RECORD. People fit to be Americans ask for blessings and what we see are a lot of political There being no objection, the mate- only from God. Because being Americans is rial was ordered to be printed in the not a matter of birth, we must practice it games being played back there. every day—lest we become something else. That is the version of the conversa- RECORD, as follows: The size of our continent, its fabulous tion I have heard now for 21⁄2 years in [From the Wall Street Journal, Sept. 12, wealth, its indescribable beauty, the ships, our State. 2011] tanks and airplanes in our arsenal, are no Then, one of the things we get into at AS MIDDLE CLASS SHRINKS P&G AIMS HIGH treasure compared to the moral character of the very beginning is the fact that this AND LOW the American people. I pray to God that he is not a garden-variety recession that (By Ellen Byron) will graciously help us preserve and protect For generations, Procter & Gamble Co.’s that splendid moral base. we are just coming out of. This is the first time—this last decade, not just growth strategy was focused on developing To Isabel and his beloved children, this recession, the last decade—the household staples for the vast American mid- Malcolm, Matthew, Amy, and Paul, to dle class. first time in this country’s history his dear sisters, Jeannie and Carolyn, Now, P&G executives say many of its when median family income actually we thank you for letting him share so former middle-market shoppers are trading declined instead of going up. much of his life with us all. There is no down to lower-priced goods—widening the Generation after generation after pools of have and have-not consumers at the question our world is better for the generation of Americans saw their in- expense of the middle. time he spent addressing the great come rise. Median family income is That’s forced P&G, which estimates it has issues of the day and we are grateful. sort of shorthand for middle-class fam- at least one product in 98% of American We can cherish our memories and households, to fundamentally change the ily income in this country. It is the stories of Malcolm knowing he would way it develops and sells its goods. For the backbone of this country, and it has cast a wry glance and wonder why we first time in 38 years, for example, the com- fallen for the first time in a decade, as pany launched a new dish soap in the U.S. at were not spending our thoughts and the cost of health insurance doubled on a bargain price. our energy on a challenge that needed the people who live in Colorado, and P&G’s roll out of Gain dish soap says a lot our attention. It is what he would ex- about the health of the American middle the cost of higher education went up by pect of all of us. It is the example he class: The world’s largest maker of consumer 60 percent. left for us. It is his legacy. products is now betting that the squeeze on People are saying: MICHAEL, I have So, today, godspeed, Malcolm. The middle America will be long lasting. been at my job for this whole decade ‘‘It’s required us to think differently about Senate, Wyoming, the United States of and I am earning less at the end of the our product portfolio and how to please the America, has lost one of its most stead- decade than I was at the beginning of high-end and lower-end markets,’’ says fast defenders. the decade. My costs of not ‘‘nice to Melanie Healey, group president of P&G’s I yield the floor and I suggest the ab- North America business. ‘‘That’s frankly haves,’’ my costs of critical things to sence of a quorum. where a lot of the growth is happening.’’ The PRESIDING OFFICER. The move my family ahead to create sta- In the wake of the worst recession in 50 clerk will call the roll. bility for me and my small business— years, there’s little doubt that the American such as health care, such as higher edu- middle class—the 40% of households with an- The assistant legislative clerk pro- nual incomes between $50,000 and $140,000 a ceeded to call the roll. cation—have done nothing but sky- rocket. year—is in distress. Even before the reces- Mr. BENNET. Mr. President, I ask sion, incomes of American middle-class fami- unanimous consent that the order for I am going to show you some num- lies weren’t keeping up with inflation, espe- the quorum call be rescinded. bers that are pretty scary that came cially with the rising costs of what are con- The PRESIDING OFFICER. Without out this week from the Census Bureau sidered the essential ingredients of middle- objection, it is so ordered. that reflect, in numbers, what I am class life—college education, health care and talking about and reflect how profound housing. In 2009, the income of the median f the structural issues are that we face family, the one smack in the middle of the DISAPPEARING MIDDLE CLASS in our economy, structural that do not middle, was lower, adjusted for inflation, than in 1998, the Census Bureau says. Mr. BENNET. Mr. President, I went fit on the back of a bumper sticker or The slumping stock market and collapse in back to the office and I saw my senior a political slogan or during a debate at housing prices have also hit middle-class Senator sitting here at this late hour night on the television set. Americans. At the end of March, Americans and I wanted to come down and keep This week’s Wall Street Journal, on had $6.1 trillion in equity in their houses— him company. So I am glad to be here Monday, had an article on the front the value of the house minus mortgages— with you tonight, proud to be from the page with the headline that reads as half the 2006 level, according to the Federal follows: ‘‘As Middle Class Shrinks, Reserve. Economist Edward Wolff of New West tonight with two great Senators York University estimates that the net from Wyoming remembering Malcolm P&G Aims High and Low.’’ P&G is worth—household assets minus debts—of the Wallop’s service in this body. It was Procter & Gamble. There is not a more middle fifth of American households grew by wonderful to hear their remembrances iconic brand in our country’s history 2.4% a year between 2001 and 2007 and of him. I am glad we were here to share when it comes to the middle class than plunged by 26.2% in the following two years. that being from the West. Procter & Gamble. P&G isn’t the only company adjusting its Similar to the Presiding Officer, I Here are some of the things they business. A wide swath of American compa- make: Crest toothpaste; Head & Shoul- nies is convinced that the consumer market spent most of August in our beautiful is bifurcating into high and low ends and State—the most beautiful State in the ders shampoo; Tide detergent; Pam- eroding in the middle. They have begun to United States, if I do say so myself—in per’s diapers—I am glad to be out of alter the way they research, develop and townhall meetings, mostly in red parts those in my house, by the way—Bounty market their products. of the State, but in red and blue parts paper towels; Downy fabric softener, Food giant H.J. Heinz Co., for example, is of the State. They do not actually Scope mouthwash; Duracell batteries; developing more products at lower price think of themselves that way, but that Charmin toilet paper; Bounce fabric ranges. Luxury retailer Saks Inc. is bol- stering its high-end apparel and accessories is how Washington would talk about it. softener—nobody needed fabric soft- because its wealthiest customers—not those In the townhalls, I always start the ener before there was a middle class in drawn to entry-level items—are driving the same way. I say: Ask any question you this country, but they make it—Mr. chain’s growth. have. Bring any criticism you have. I Clean; Pepto Bismol; Pringles; Swiffer Citigroup calls the phenomenon the ‘‘Con- tell them I was an urban school super- brooms and dusters—we have that in sumer Hourglass Theory’’ and since 2009 has intendent for almost 4 years, it is im- our closet—Old Spice deodorant; urged investors to focus on companies best possible to hurt my feelings. It was Nyquil cough syrup; Puffs tissues; positioned to cater to the highest-income and lowest-income consumers. It created an beaten out of me a long time ago. Then Ivory soap; Covergirl makeup. index of 25 companies, including Estee we have a conversation. That is what Procter & Gamble Lauder Cos. and Saks at the top of the hour- This time, every single meeting makes. That is what they sold to the glass and Family Dollar Stores Inc. and Kel- started with somebody saying: What is great middle class in this country for logg Co. at the bottom. The index posted a

VerDate Mar 15 2010 03:57 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.061 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5674 CONGRESSIONAL RECORD — SENATE September 15, 2011 56.5% return for investors from its inception Church & Dwight Co. gained momentum. ficult, Mr. Brown said. Over the past two on Dec. 10, 2009, through Sept. 1, 2011. Over Even the company’s huge Gillette refill razor years, P&G has increased its research of the the same period, the Dow Jones Industrial market suffered, declining to 80.1% by May growing ranks of low-income American Average returned 11%. from 82.3% in the second-quarter of 2008, as households. ‘‘Companies have thought that if you’re in Energizer Holdings Inc.’s less-expensive ‘‘This has been the most humbling aspect the middle, you’re safe,’’ says Citigroup ana- Schick brand gained nearly three points. of our jobs,’’ says Ms. Jackson. ‘‘The num- lyst Deborah Weinswig. ‘‘But that’s not P&G began changing course in May 2009. bers of Middle America have been shrinking where the consumer is any more—the con- After issuing a sharply lower-than-expected because people have been getting hurt so sumer hourglass is more pronounced now earnings forecast for the company’s 2010 fis- badly economically that they’ve been falling than ever.’’ cal year, then-CEO A.G. Lafley said the com- into lower income.’’ Companies like Tiffany & Co., Coach Inc. pany would take a ‘‘surgical’’ approach to Mr. BENNET. I wanted to read a few and Neiman Marcus Group Inc., which cater cutting prices on some products and develop to the wealthy, racked up outsize sales last more lower-priced goods. ‘‘You have to see excerpts from it because I think it is Christmas and continue to post strong sales. reality as it is,’’ Mr. Lafley said. instructive about what we are doing. Tiffany says its lower-priced silver bau- When the company’s 2009 fiscal year ended P&G’s profits boomed with the increasing bles, once a favorite of middle-class shoppers a month later, P&G’s sales had posted a rare affluence of middle-class households in the craving a small token from the storied jew- drop, falling 3% to $76.7 billion. post-World War II economy. As masses of eler, are now its weakest sellers in the U.S. In August that year, P&G’s newly ap- housewives set up their new suburban homes, ‘‘I think that there’s probably more separa- pointed CEO, company veteran Robert P&G marketers pledged that Tide detergent tion of affluence in the U.S.,’’ Tiffany Chief McDonald, accelerated the new approach of delivered cleaner clothes, Mr. Clean made Operating Officer James Fernandez said in developing products for high- and low-in- floors shinier and Crest toothpaste fought off June. come consumers. more cavities. In the decades since, new fea- Firms catering to low-income consumers, ‘‘We’re going to do this both by tiering our tures like fragrances or ingredient and pack- such as Dollar General Corp., also are post- portfolio up in terms of value as well as aging enhancements kept P&G’s growth ro- ing gains, boosted by formerly middle-class tiering our portfolio down,’’ Mr. McDonald bust. families facing shrunken budgets. Dollar said in September 2009. To monitor the evolving American con- What is happening now? For genera- stores garnered steady sales increases in re- sumer market, P&G executives study the tions Proctor & Gamble’s growth strat- cent years, easily outpacing mainstream Gini index, a widely accepted measure of in- counterparts like Target Corp. and Wal-Mart egy was focused on developing house- come inequality that ranges from zero, when Stores Inc., which typically are more expen- hold staples for the vast American mid- everyone earns the same amount, to one, sive. dle class. Now, P&G executives say when all income goes to only one person. In P&G’s profits boomed with the increasing many of its former middle-market 2009, the most recent calculation available, affluence of middle-class households in the the Gini coefficient totaled 0.468, a 20% rise shoppers are trading down to lower post-World War II economy. As masses of in income disparity over the past 40 years, priced goods—widening the pools of housewives set up their new suburban homes, according to the U.S. Census Bureau. have and have-not consumers at the ex- P&G marketers pledged that Tide detergent ‘‘We now have a Gini index similar to the delivered cleaner clothes, Mr. Clean made pense of the middle. That has forced Philippines and Mexico—you’d never have P&G, which estimates it has at least floors shinier and Crest toothpaste fought off imagined that,’’ says Phyllis Jackson, P&G’s more cavities. In the decades since, new fea- one product—and you heard the list, so vice president of consumer market knowl- this won’t be surprising in 98 percent of tures like fragrances or ingredient and pack- edge for North America. ‘‘I don’t think we’ve aging enhancements kept P&G’s growth ro- typically thought about America as a coun- American households—to fundamen- bust. try with big income gaps to this extent.’’ tally change the way it develops and Despite its aggressive expansion around Over the past two years, P&G has acceler- sells its goods. the world, P&G still needs to win over a ated its research, product-development and For the first time in 38 years, for ex- healthy percentage of the American popu- marketing approach to target the newly di- lation, because the U.S. market remains its ample, the company launched a new vided American market. dish soap in the United States at a bar- biggest and most profitable. In the fiscal Globally, P&G divides consumers into year ended June 30, the U.S. delivered about three income groups. The highest-earning gain price. P&G’s rollout of Gain Dish 37% of P&G’s $82.6 billion in annual sales and ‘‘ones’’ historically have been the primary Soap says a lot about the health of the an estimated 60% of its $11.8 billion in profit. bracket P&G chased in the U.S. as they are middle class. The world’s largest P&G says that Americans per capita spend the least price sensitive and most swayed by maker of consumer products is now about $96 a year on its products, compared claims of superior product performance. But betting that the squeeze on middle with around $4 in China. as the ‘‘twos,’’ or lower-income American America will be long lasting. During the early stages of the recession, consumers, grew in size during the recession, If you needed any example of what P&G executives defended its long-time ap- P&G decided to target them aggressively, proach of making best-in-class products and our families are struggling with in Col- too. P&G doesn’t specifically target the low- orado every single day, here is a busi- charging a premium, expecting middle-class est-income ‘‘threes’’ in the U.S., since they Americans to pay up. comprise a small percentage of the popu- ness plan that is modeled on a perpet- But cash-strapped shoppers, P&G learned, lation and such consumers are typically ually shrinking middle class by a com- aren’t as willing to splurge on household sta- heavily subsidized by government aid. pany whose whole business model in ples with extra features. Droves of con- At the high end, it launched its most-ex- their history was based on a rising sumers started switching to cheaper brands, pensive skin-care regimen, Olay Pro-X in middle class. slowing P&G’s sales and profit gains and 2009, which includes a starter kit costing denting its dominant market share posi- I will skip the next one in the inter- around $60. Previously, the Olay line had est of time. I will go right to the end. tions. topped out around $25. Last year, the com- In late 2008, unit sales gains of P&G’s pany launched Gillette Fusion ProGlide ra- I want to show some numbers. This was cheaper brands began outpacing its more ex- zors at a price of $10 to $12, a premium to the conclusion of the article: pensive lines despite receiving far less adver- Gillette Fusion razors, which sell for $8 to To monitor the evolving American con- tising. As the recession wore on, U.S. mar- $10, and Gillette Mach3, priced at $8 to $9. sumer market, P&G executives study the ket-share gains for P&G’s cheaper Luvs dia- At the lower end, its new Gain dish soap, Gini index, a widely accepted measure of in- pers and Gain detergent increased faster launched last year, can sell for about half come inequality that ranges from zero, when than its premium-priced Pampers and Tide per ounce of the company’s premium Dawn everyone earns the same amount, to one brands. Hand Renewal dish soap, which hit stores in when all income goes to only one person. In At the same time, lower-priced competi- late 2008. 2009, the most recent calculation available, tors nabbed market share from some of Developing products that squarely target the Gini coefficient totaled 0.468, a 20 percent P&G’s biggest brands. P&G’s dominant fab- the high and low is proving difficult for a rise in income disparity over the past 40 ric-softener sheets business, including its company long accustomed to aiming for a years, according to the U.S. Census Bureau. Bounce brand, fell five percentage points to giant, mainstream group. ‘‘We now have a Gini index similar to the 60.2% of the market as lower-priced options Conquering the high end is difficult be- Philippines and Mexico—you’d never have from Sun Products Corp. and private-label cause it usually involves a smaller quantity imagined that,’’ says Phyllis Jackson, P&G’s brands picked up sales from the second quar- of products. Vice President of consumer market knowl- ter of 2008 through May 2011, according to a ‘‘We do big volumes of things really well,’’ edge for North America. ‘‘I don’t think we Deutsche Bank analysis of data from mar- said Bruce Brown, P&G’s chief technology typically thought about America as a coun- ket-research firm SymphonyIRI. officer. ‘‘Things that are smaller quantities, try with big income gaps to this extent.’’ P&G’s grasp of the liquid laundry deter- with high appeal, we’re learning how to do gent category, led by its iconic Tide brand, that.’’ I don’t think we typically thought also posted a rare slip over the same period Likewise, the cost challenges at the bot- about America that way either. It is as bargain-priced options from Sun and tom of the pyramid are also proving dif- not who we purport to be or who we are

VerDate Mar 15 2010 03:57 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.040 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5675 going to be. In order to put us on a 21st century, not the products and serv- people who came to my townhalls and path that will actually produce a rising ices of the 20th century. That is the said they cannot afford to send their middle class again, instead of a divi- only way we are going to put these peo- kids to the best schools. They sent sion among the very wealthy at the top ple back to work. We could be invest- their first kid to the fancy school, but and the poorest of the citizens at the ing in infrastructure too; that would they cannot send their second kid bottom, we are going to have to come help. there. They are upset that we are not together on some pretty serious This line is median family income, getting done what we ought to be get- choices. which is what I started this conversa- ting done. I know there have been some who tion with. This is a terrible story. It is What we see on this other chart is argue that this is all a problem that is not just a sad story, it is a terrible that this decline was happening al- caused by too many regulations, and I story. That is that line for median fam- ready because the economy wasn’t lift- am the first to say we should only have ily income. It was over $53,000 in 1999. ing all boats, and it was widening in the regulations that we need. Some say It is $49,000 today. It is almost $4,000 equality terribly. I have things tonight the threat of any revenue—even at a less in real dollars in a decade. that talk about that. Then the reces- time when we are collecting less rev- I could have brought in another slide sion accelerated that decline. They lost enue as a percent of our economy than which shows that this trend has actu- 2.3 percent of median family income in we have over the last 30 years—some ally been going on a little longer than the recession, which is more than any are saying any revenue is choking off that. Think about that. It means half of the previous recessions, going back this recovery. of the families in 1999 were earning less to the Great Depression. So that is how Let me show you something very sur- than $53,000, and half were earning tough this is. The Senator is right. If we keep prising. This is high-tech Senate stuff. more than $53,000. Today half are earn- doing what we have done for the decade Here are some lines on a chart. I know ing less than $49,000 and half are earn- that led us into this recession, if we go people probably cannot see the detail ing more than that. back to those policies and readopt at home. They can get it on the Web These are folks who have done abso- those policies, and that is where we end site. This blue line, from 1992 to 2010, lutely everything that anybody ever up, we will continue to see this slide. which is about 20 years, represents asked them to do. But I don’t care Mr. SCHUMER. I thank my col- what is called the productivity index. whether you are a family or a business, league. It shows that we have become far more it makes it very hard for you to make Mr. BENNET. I thank the Senator productive as an economy over the last ends meet if that is the slope that you from New York. This gives a sense of 20 years. It is not surprising that we are on. I argue that we cannot consume the widening inequality that has hap- have, and we have because we have had one more decade of this new century, pened. This is average income, which is a technological revolution that has with economic policies that are leading different from median income. The made us more productive. us here, and expect to have a vibrant amazing thing is, while middle-class See at the very end where the reces- middle class. I want to be in an econ- income has been falling, and it fell sion is, look what happened to the pro- omy where Procter & Gamble has to throughout this 10 years, average in- ductivity index during our recession— change their business model to catch come actually went up because a few because with every single month that up with a rising middle class, not be in people at the very top of the economy went by we were losing jobs; American a position that they are in today where did incredibly well over this period of business was doing what they had to they believe they have to bet on a fall- time. They have done incredibly well. do, which was figure out how to get ing middle class. This is the very top 1 percent of our through the recession and get to the Mr. SCHUMER. Will my colleague earners who went from here to up here. other end; how to ring out every effi- yield for a question? The top 1 percent saw that, and here ciency they could, how to make them- Mr. BENNET. Sure. is everybody else. This red line is 90 selves as productive as they could. Mr. SCHUMER. I compliment him on percent of the people in America. Their They did and they have. We are much this outstanding speech. The hour is average income was flat from 1967 to more productive today than we were late and many colleagues have gone 2006. That is 90 percent of the people here. home, so I hope he will send this to who live in the United States. It is The green line is our gross domestic every one of our colleagues. It has been hard to see how people can get ahead product, our Nation’s economy per cap- a joy for me to stay and listen. under circumstances like that. ita, the amount of money per person The only question I wanted to ask— It is no wonder that we have these that our economy is generating. Here and we talked about this last night at alarming numbers this week from the is an amazing fact. This is where we dinner—here is another interesting fact Census Bureau which show there are were before the recession. This is where amid so many that my colleague 46.2 million Americans now living in we are today. Our economy is the same brought up in this great speech. poverty. That is a 46-percent increase size today as it was before we went into If we look at that chart, from 1999 to since 2000. I had to look to make sure the recession. We are producing about 2007, before the recession hit, median I was reading that right. Since 2000, the same economic output as a nation income didn’t go up. when 31 million people were in poverty, that we were producing before we went Mr. BENNET. Exactly. it has gone up to 46 million people in into this downturn. I was shocked when Mr. SCHUMER. That is a question we poverty today, and 22 percent of the I learned this number. have to ponder. We need great minds children in the United States of Amer- But look at this. Here is our employ- like the Senator’s to figure out the an- ica tonight are living in poverty. Over ment level. Here is our employment swer. If we just blame the recession one-fifth of the children living in the level today. We have 14 million people and think it will come back up, it United States tonight are living in pov- unemployed, but we are producing won’t. The kinds of structural changes erty. And, by the way, as a former su- about the same as we were before we my colleague talks about are so needed perintendent of the Denver public went into this horrible recession. if we are not going to have a contin- schools, I can tell you we are not doing That is a structural unemployment ually declining middle class, even in a ourselves any favors when the chances problem. That is not a problem that period of growth. Am I right about that of a child living in poverty in this will be solved by slogans, and it is not assumption? country graduating from college are going to be a problem that is solved by Mr. BENNET. I thank the Senator roughly 9 in 100, which is what their companies that have become much from New York. He is right about that. chances are today. Ninety-one out of more efficient at what they do. It is What he will see on another slide—not one hundred poor kids in the country going to be solved by companies that tonight—is that we were already on can’t expect to get a college degree; will be started tomorrow and the day this decline. This is not news to people can’t expect to be anywhere but on the after tomorrow—small businesses, ven- living in our States. It is not news to margin of our democracy or our econ- ture-backed firms, people who are in- people trying to figure out how to omy. I wonder what effect that will venting the technology of the 21st cen- make ends meet week by week. This is have on our median family income tury, the products and services of the not news to them. It is not news to the going forward.

VerDate Mar 15 2010 03:57 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.064 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5676 CONGRESSIONAL RECORD — SENATE September 15, 2011 This is the last slide, because I know Today was a good day here. I was was passed out of the Senate by unani- the hour is late, and it is one that was pleased. It has been a long time. I was mous consent on December 7, 2006, and in the Washington Post. I am not going pleased to join my senior Senator and signed into law shortly thereafter. This to bother to describe the details, but about 30 other Democrats and Repub- landmark legislation included provi- you can find it on the Web site and it licans at an event to say it is time for sions relating to the diagnosis and is worth looking at. It is worth looking us to think big about solving this coun- treatment of persons with autism spec- at. try’s fiscal challenges and that we are trum disorders, ASD, and expanded and This red line—and it is the only thing anxious to work together to do it. We intensified biomedical research on au- I will talk about from this slide—shows are anxious to create a comprehensive tism, including a focus on possible en- what the bottom 90 percent—and it plan to deal with it. We should be tak- vironmental causes. Additionally, it seems ridiculous to talk about the bot- ing exactly the same approach on jobs. provides for detailed surveillance by tom 90 percent—what the 90 percent of Getting our fiscal house in order is the Centers for Disease Control and earners in this country earned as a per- incredibly important to encourage and Prevention, CDC, of the increasing centage of the income that everybody inspire confidence in our markets and prevalence of autism spectrum dis- earned in the United States from be- confidence in our businesses and con- orders, ASD. The Act also reconsti- fore the 1920s to today, essentially. For fidence in our local economies. But our tutes the Interagency Autism Coordi- the vast majority of time or some ma- work won’t stop there. We need to re- nating Committee to advise the Sec- jority of time in the period from World invent our Tax Code so it is driving in- retary, coordinate the federal response War II—the end of World War II—until novation and driving a rising middle to autism and develop the annual stra- the present, the bottom 90 percent of class. We need to reimagine our regu- tegic plan for autism research. earners earned roughly 70 percent of latory code so it is doing the same. We I am greatly disappointed that my the income in the United States—a ma- need to educate the children in this colleagues on the other side are play- jority of the income, 70 percent of the country so they can take on the jobs of ing politics with this bill. On Sep- income—for a long time. Now they are the 21st century, because the jobs of tember 30, just a couple of short weeks earning roughly 50 percent. The bottom the 20th century are not coming back. from now, the programs authorized 90 percent is earning roughly 50 percent We will be waiting in vain for those under the CAA sunset, and with them of the income. That means, by the way, jobs to come back. the myriad programs which have the other 10 percent are earning rough- The people in my meetings back in helped families better understand, ly 50 percent of the income. That is Colorado are demanding—that is the treat and live with ASD. Now is not the how it is distributed. It is a unique mo- right way to say it, they are demand- time for politics. Now is the time to re- ment in the country’s history, actu- ing—we work together. Our State is a authorize the Combating Autism Act ally, uniquely unbalanced. In fact, we third Republican, a third Independent, so families living with ASD can con- have to go back to 1928—the year be- and a third Democrat, but they are tinue receiving the care and support fore the market crashed, the year be- Coloradans before any of that, and they they deserve. fore Black Friday, the year before our are Americans maybe even before that, f financial markets collapsed and put us and it is time for us to meet their NATIONAL POW/MIA RECOGNITION into the Great Depression—to find in- standard. DAY come disparity that looks like the in- Tonight we had votes on the reau- Mr LUGAR. Mr. President, Sep- come disparity we face today. thorization of FEMA—our emergency tember 16 is National POW/MIA Rec- In my view, the 20th century rep- agency—to respond to the incredible ognition Day. resented a period in this country’s his- tragedies that have happened around Throughout history, American men tory of limitless opportunity, limitless the country. It got 62 votes and we and women have stood up to defend economic growth, limitless educational were able to pass it. We had a vote on freedom by courageous and selfless attainment. Our democracy succeeded the transportation extension, the FAA service across the world. Today, 46,010 in generating an economy that gave ev- reauthorization, and I think the vote American men and women are actively erybody a fighting chance. Maybe a was 92 to 6, with Democrats and Repub- engaged in uniform in Iraq with a total definition of whether we are giving licans moving this country forward. of 84,310 deployed to the region aboard people a fighting chance is whether That is what we have to do in order to ships at sea, on bases, and air stations middle-class income is rising or falling. get this economy going again. The peo- in the region supporting Iraq oper- Now we are in a period where it is fall- ple in Colorado today are saying: We ations. Mr. President, 98,900 military ing and we find ourselves in the posi- want more of that and less of the bick- personnel are deployed in Afghanistan, tion of producing the same domestic ering, more problem solving and less with a total of 131,900 deployed to the product we were producing before this finger pointing. My hope is that on an region aboard ships at sea, on bases, recession with 14 million more people occasion such as today, when we actu- and air stations in the region sup- unemployed. ally have made some progress, no mat- porting Afghanistan operations. Others The economists tell us we have re- ter how limited, it may give us the are engaged in Libya operations. All covered, that we are in a recovery. The chance to move forward together. are fighting to ensure our security here technical definition is that we are in a Mr. President, I appreciate the at home, to protect the life and liberty recovery because the technical defini- Chair’s endurance and allowing me to of our friends and allies, and to pro- tion is based on whether GDP is grow- speak on the floor tonight. mote American values. ing. That is a very cruel definition of f Amidst the current economic crisis recovery for the 14 million people who and countless other challenges, one COMBATING AUTISM are unemployed. It is a very cruel defi- thing is clear, members of Congress nition of recovery for a middle class Mr. MENENDEZ. Mr. President, I and the executive branch cannot be- that is getting wiped out because me- want to address a very important issue come distracted from a commitment to dian family income is falling. that is currently before the Senate. ensure the return of POWs and MIAs at Look, the people who live in Colo- This past Tuesday I submitted a bill to the end of hostilities. This commit- rado, notwithstanding all of this, are the Senate—the Combating Autism Re- ment must continue through pains- optimistic. They are optimistic about authorization Act, S. 1094—for a unani- taking on-site investigations, diplo- their communities and they are opti- mous consent agreement. Since then, matic negotiations and complete ex- mistic about their families. It gets the Republicans have blocked this bi- aminations of records following a con- tougher and tougher, but they rise to partisan bill from passing. The Health, flict. the occasion. And you know what. That Education, Labor and Pensions Com- As we look forward with resolve, I is what they are asking us to do. They mittee reported this legislation unani- would like to recognize the work that are asking us to knock off the political mously on September 7, 2011. the many POW/MIA organizations have games that seem to be only about My legislation is a simple 3-year ex- done, led by the Department of Defense Washington and seem to have nothing tension of the Combating Autism Act, Prisoner of War/Missing Personnel Of- to do with the challenges they face. CAA, of 2006. This original legislation fice, DPMO. The painstaking work of

VerDate Mar 15 2010 03:57 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.067 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5677 recovery operations has, since Janu- War II recoveries. Teams from the U.S. The team will conduct underwater ex- ary, seen the return of 32 Americans Army Central Identification Labora- cavations for 30 days at the crash site. from World War II and the war in tory in Hawaii continue to implement We must also be vigilant on the topic Southeast Asia. Nevertheless, 1,683 re- cutting-edge DNA technology, and as of American POWs and North Korea, main unaccounted for at this time renowned experts in the field, have and I have encouraged the Obama ad- from SEA, 1,292 from Vietnam alone. contributed their know-how and direct ministration to include this important Last year, those numbers stood at 1,703 assistance to the operations in New issue in any talks with North Korea. and 1,305 respectively. York and the Pentagon. As we all know, this is a team effort This June, in an effort to recover JPAC announced on August 12 that requiring the commitment and dedica- nine American servicemembers from teams had been recently deployed to tion of the Congress, the administra- crash sites in Laos, 25 Joint POW/MIA Vietnam, Canada, Vanuatu, Germany tion, the Departments of Defense and Accounting Command, JPAC, recovery and Papua New Guinea to search for State, the Joint Chiefs of Staff and the members deployed, marking the 119th Americans unaccounted for from the NSA. I am hopeful that all of us, Joint Field Activity conducted. As a Vietnam War and World War II. through continued humanitarian sup- member of U.S. Pacific Command, port and dedicated diplomatic endeav- JPAC is an organization of over 400 The deployment to Vietnam, the ors will gain further information about military and civilian specialists whose 104th joint field activity to that coun- the servicemen still missing to honor mission is to return America’s heroes try, has approximately 35 team mem- their sacrifice and provide peace and home and achieve the fullest possible bers who will search for five Americans solace to their loved ones. You are not accountability of Americans lost in our at burial and aircraft crash sites in forgotten. Nation’s past conflicts. three provinces. They expect to spend Mr. President, I ask unanimous con- In Korea, where the fighting ended in 35 days on the mission. sent to have printed in the RECORD the 1953, progress continues. This year, Separately, JPAC team members and names of Indiana’s missing and unac- Joint Recovery Operations have been Navy divers from Virginia Beach, Va. counted for from the Korea and Viet- conducted in North Korea resulting in have deployed to Newfoundland prov- nam wars. the recovery of seven Americans to ince in Canada to search for three There being no objection, the mate- their families and final resting places. Americans that remain unaccounted- rial was ordered to be printed in the Two have been identified from World for from a World War II aircraft crash. RECORD, as follows: VIETNAM/SOUTHEAST ASIA

Date of Name incident Status Rank Branch Country Home of record

Bancroft, William W. Jr ...... 11/13/1970 NBR ...... O2 ...... USAF ...... N. Vietnam...... Indianapolis. Beals, Charles Elbert ...... 07/07/1970 NBR ...... E4 ...... USA ...... S. Vietnam...... French Lick. Beecher, Quentin Rippetoe ...... 06/11/1967 PFD ...... W2 ...... USA ...... S. Vietnam...... Terre Haute. Breiner, Stephen Eugene ...... 09/24/1968 NBR ...... E2 ...... USMC ...... S. Vietnam...... Decatur. Carver, Harry Franklin ...... 04/10/1968 NBR ...... E6 ...... USA ...... S. Vietnam...... New Albany. Chomel, Charles Dennis ...... 06/11/1967 NBR ...... E2 ...... USMC ...... S. Vietnam...... Columbus. Clark, Lawrence ...... 10/18/1966 PFD ...... E5 ...... USAF ...... N. Vietnam...... Logansport. Clem, Thomas Dean ...... 05/03/1968 PFD ...... O2 ...... USMC ...... N. Vietnam...... New Paris. Davis, Gene Edmond ...... 03/13/1966 PFD ...... E5 ...... USAF ...... Laos ...... Evansville. Ducat, Phillip Allen ...... 09/25/1966 NBR ...... O3 ...... USMC ...... S. Vietnam...... Fort Wayne. Duvall, Dean Arnold ...... 03/13/1966 PFD ...... E3 ...... USAF ...... Laos ...... Monticello. Green, George Curtis Jr ...... 12/04/1970 NBR ...... E5 ...... USA ...... Laos ...... Attica. Heitman, Steven W...... 03/13/1968 PFD ...... E5 ...... USA ...... S. Vietnam...... Indianapolis. Held, John Wayne ...... 04/17/1968 PFD ...... O3 ...... USAF ...... S. Vietnam...... Indianapolis. Hills, John Russell ...... 02/14/1966 NBR ...... O4 ...... USAF ...... Laos ...... South Bend. Johns, Paul F ...... 06/28/1968 PFD ...... O4 ...... USAF ...... Laos ...... Laconia. Johnson, James Reed ...... 08/21/1966 NBR ...... E3 ...... USA ...... S. Vietnam...... Indianapolis. Jones, Grayland ...... 11/23/1969 NBR ...... E3 ...... USA ...... S. Vietnam...... Indianapolis. Klute, Karl Edwin ...... 03/14/1966 NBR ...... O3 ...... USAF ...... S. Vietnam...... Richmond. Knochel, Charles Allen ...... 09/22/1966 NBR ...... O3 ...... USN ...... N. Vietnam...... Lafayette. Kuhlman, Robert J. Jr ...... 01/17/1969 PFD ...... O2 ...... USMC ...... S. Vietnam...... Richmond. Lambton, Bennie Richard ...... 06/13/1966 NBR ...... E7 ...... USN ...... N. Vietnam...... Indianapolis. Lautzenheiser, Michael ...... 10/26/1971 NBR ...... E5 ...... USA ...... S. Vietnam...... Muncie. Lawson, Karl Wade ...... 04/09/1968 NBR ...... E4 ...... USA ...... S. Vietnam...... Terre Haute. Lyon, James Michael ...... 02/05/1970 PFD ...... O3 ...... USA ...... S. Vietnam...... Indianapolis. Mann, Robert Lee ...... 10/22/1965 NBR ...... O3 ...... USAF ...... S. Vietnam...... Lafayette. Martin, Jerry Dean ...... 11/03/1970 NBR ...... E3 ...... USA ...... S. Vietnam...... Bedford. McGarvey, James Maurice ...... 04/17/1967 PFD ...... O4 ...... USMC ...... N. Vietnam...... Valparaiso. Midnight, Francis B ...... 08/23/1967 PFD ...... O2 ...... USAF ...... N. Vietnam...... Gary. Miller, George C ...... 03/12/1975 NBR ...... CIV ...... S. Vietnam...... IN. Mitchell, Harry E ...... 05/05/1968 PFD ...... E8 ...... USN ...... S. Vietnam...... Marion. Montgomery, Ronald Wayne ...... 10/02/1969 NBR ...... E5 ...... USN ...... N. Vietnam...... Moores Hill. Moore, Ralph Edward ...... 05/03/1967 NBR ...... E3 ...... USA ...... S. Vietnam...... Indianapolis. Nellans, William L ...... 09/17/1967 PFD ...... O3 ...... USAF ...... N. Vietnam...... Warsaw. Newburn, Larry Stephen ...... 08/29/1967 NBR ...... E3 ...... USA ...... S. Vietnam...... Kokomo. Parker, Thomas Aquinas ...... 04/05/1967 NBR ...... E6 ...... USN ...... S. Vietnam...... Oxford. Posey, George Ray ...... 09/05/1968 NBR ...... E3 ...... USN ...... S. Vietnam...... Anderson. Rogers, Billy Lee ...... 12/01/1969 NBR ...... E3 ...... USN ...... N. Vietnam...... Gary. Rogers, Charles Edward ...... 05/04/1967 NBR ...... O4 ...... USAF ...... Laos ...... Gary. Schoonover, Charles David ...... 01/16/1966 NBR ...... O4 ...... USN ...... S. Vietnam...... Indianapolis. Smith, Ronald Eugene ...... 11/28/1970 NBR ...... E7 ...... USA ...... Laos ...... Covington. Soucy, Ronald Philip Sr ...... 05/23/1967 NBR ...... E5 ...... USN ...... N. Vietnam...... Whiting. Staehli, Bruce Wayne ...... 04/30/1968 PFD ...... E3 ...... USMC ...... S. Vietnam...... Crown Point. Stonebraker, Kenneth Arnol ...... 10/28/1968 PFD ...... O3 ...... USAF ...... N. Vietnam...... Hobart. Stuart, John F ...... 12/20/1972 PFD ...... O4 ...... USAF ...... N. Vietnam...... Indianapolis. Stuckey, John Steiner Jr ...... 11/11/1967 NBR ...... E2 ...... USA ...... S. Vietnam...... Cloverdale. Trampski, Donald Joseph ...... 09/16/1969 PFD ...... E2 ...... USA ...... S. Vietnam...... Chesterton. Wagner, Raymond Anthony ...... 03/27/1972 NBR ...... E3 ...... USAF ...... Evansville. Whittle, Junior Lee ...... 09/24/1966 NBR ...... E4 ...... USA ...... S. Vietnam...... Indianapolis. Wright, Thomas T ...... 02/27/1968 PFD ...... O3 ...... USAF ...... Laos ...... Gary. Young, Jeffrey Jerome ...... 04/04/1970 NBR ...... E3 ...... USA ...... S. Vietnam...... Indianapolis.

Korea

Date of in- Name cident Status Rank Branch Country Home of record

Acton, Floyd Neal ...... 05/17/1951 MIA ...... E4 ...... USA ...... Korea ...... Jackson. Adams, James Dwight ...... 11/29/1950 KIA ...... E4 ...... USA ...... Korea ...... Tippecanoe. Akers, Herbert D ...... 12/01/1950 POW ...... E4 ...... USA ...... Korea ...... Vigo. Anspaugh, George ...... 05/17/1951 MIA ...... E7 ...... USA ...... Korea ...... DeKalb. Archer, Robert Gene ...... 12/02/1950 POW ...... E4 ...... USA ...... Korea ...... Clay. Baker, David ...... 11/28/1950 MIA ...... E3 ...... USA ...... Korea ...... Lake. Baker, Donald Lewis ...... 09/06/1950 POW ...... E5 ...... USA ...... Korea ...... Howard. Barker, Donald Lee ...... 11/26/1950 KIA ...... E4 ...... USA ...... Korea ...... Cass. Bauer, Lester William ...... 07/27/1950 MIA ...... E4 ...... USA ...... Korea ...... Clinton.

VerDate Mar 15 2010 05:13 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.016 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5678 CONGRESSIONAL RECORD — SENATE September 15, 2011 Korea—Continued

Date of in- Name cident Status Rank Branch Country Home of record

Beard, Robert Allen ...... 11/26/1950 MIA ...... 02 ...... USA ...... Korea ...... Vermillion. Beed, Milton Marion ...... 02/12/1951 POW ...... E7 ...... USA ...... Korea ...... Marion. Bender, Victor Vernon ...... 12/27/1950 MIA ...... E7 ...... USA ...... Korea ...... Marion. Berry, A D ...... 12/02/1950 POW ...... E8 ...... USA ...... Korea ...... Vandervurgh. Binge, Charles F...... 07/15/1953 MIA ...... E4 ...... USA ...... Korea ...... Newton. Blasdel, William Stanley ...... 11/28/1950 MIA ...... E4 ...... USMC ...... Korea ...... New Albany. Bowerman, William J...... 12/02/1950 MIA ...... E4 ...... USA ...... Korea ...... DeKalb. Bowman, Allen Milford ...... 11/28/1950 KIA ...... E4 ...... USMC ...... Korea ...... Covington. Bradley, Eldon R...... 11/02/1950 POW ...... E4 ...... USA ...... Korea ...... St. Joseph. Brock, Kenneth Wilber ...... 12/01/1950 KIA ...... E3 ...... USMC ...... Korea ...... Indianapolis. Brown, Kenneth ...... 08/14/1952 KIA ...... E3 ...... USA ...... Korea ...... Marion. Brown, Thomas James ...... 05/18/1951 MIA ...... E4 ...... USA ...... Korea ...... Elkhart. Burch, Hugh Maynard ...... 04/12/1951 MIA ...... E6 ...... USA ...... Korea ...... New Carlisle. Burns, Forrest S...... 08/30/1952 KIA ...... 02 ...... USA ...... Korea ...... Bartholomew. Byard, Billie Jack ...... 11/28/1950 KIA ...... E3 ...... USA ...... Korea ...... Marion. Caddell, Donald ...... 01/12/1952 KIA ...... E1 ...... USN ...... Korea ...... Greene. Calhoun, Stanley Louis Jr...... 10/01/1950 MIA ...... EMFN ...... USA ...... Korea ...... Dunkirk. Chadwell, George R...... 12/12/1950 MIA ...... E3 ...... USA ...... Korea ...... Tippecanoe. Chappel, Richard A...... 11/02/1950 MIA ...... E4 ...... USA ...... Korea ...... Allen. Clark, Harold Robert ...... 02/13/1951 POW ...... E3 ...... USA ...... Korea ...... Marion. Clifford, Clyde R...... 07/26/1950 MIA ...... E4 ...... USA ...... Korea ...... Elkhart. Coleman, James Allen ...... 04/25/1951 KIA ...... E7 ...... USA ...... Korea ...... Vermillion. Conde, Louis Bernard ...... 01/29/1952 MIA ...... E5 ...... USA ...... Korea ...... Lake. Conrad, Jack Dwayne ...... 07/31/1950 KIA ...... E2 ...... USA ...... Korea ...... Delaware. Conrad, Richard Leon ...... 07/31/1950 KIA ...... E3 ...... USA ...... Korea ...... Delaware. Constant, James L...... 09/08/1950 MIA ...... E3 ...... USA ...... Korea ...... Marion. Cosby, Folton ...... 08/15/1950 NBD ...... E7 ...... USA ...... Korea ...... Edinburg. Cowger, John Harold ...... 11/28/1950 KIA ...... E4 ...... USMC ...... Korea ...... Terre Haute. Cox, Clarence Vernon Jr...... 11/01/1950 MIA ...... E7 ...... USA ...... Korea ...... Madison. Cozad, Kenneth Lee ...... 07/30/1950 MIA ...... E5 ...... USA ...... Korea ...... Jennings. Cranor, George Eldon ...... 11/28/1950 MIA ...... E3 ...... USA ...... Korea ...... Lake. Criswell, Reed A...... 02/13/1951 POW ...... E4 ...... USA ...... Korea ...... Washington. Cunningham, William R...... 12/02/1950 MIA ...... E4 ...... USA ...... Korea ...... Vigo. Dally, Kenneth Horton ...... 12/01/1950 POW ...... E8 ...... USA ...... Korea ...... Steuben. Dalton, Howard Dale ...... 04/27/1951 POW ...... E4 ...... USA ...... Korea ...... Tippecanoe. Davis, Ezekiel Alfonso ...... 02/11/1951 MIA ...... E1 ...... USA ...... Korea ...... Grant. Davis, Jack A...... 02/12/1951 MIA ...... E3 ...... USA ...... Korea ...... St. Joseph. Davis, Norman Glen ...... 09/12/1951 MIA ...... E6 ...... USAF ...... Korea ...... Hymera. Debaun, George Jr...... 07/25/1953 MIA ...... E4 ...... USMC ...... Korea ...... Shelbyville. Decker, Hobart ...... 12/20/1950 NBD ...... E3 ...... USA ...... Korea ...... IN. Decker, Raymond Alfred ...... 07/19/1951 MIA ...... 02 ...... USAF ...... Korea ...... Hobart. Delong, Clayton C...... 12/12/1950 MIA ...... E4 ...... USA ...... Korea ...... Allen. Dennis, Gene Alton ...... 09/28/1952 MIA ...... 02 ...... USAF ...... Korea ...... Marion. Dewitt, Stanley L...... 12/06/1950 MIA ...... E5 ...... USA ...... Korea ...... Cass. Dick, William L. Jr...... 08/15/1950 MIA ...... E3 ...... USA ...... Korea ...... Jennings. Doody, James Thomas ...... 07/17/1952 KIA ...... E4 ...... USA ...... Korea ...... Marion. Drew, Donald Dale ...... 07/20/1950 MIA ...... E4 ...... USA ...... Korea ...... Washington. Dunn, James R...... 11/02/1950 MIA ...... E7 ...... USA ...... Korea ...... Knox. Durakovich, Joseph ...... 11/28/1950 MIA ...... E8 ...... USA ...... Korea ...... Lake. Eads, Donald Wayne ...... 03/26/1953 MIA ...... E3 ...... USMC ...... Korea ...... Bloomington. Eaton, John Omer ...... 07/20/1950 POW ...... E4 ...... USA ...... Korea ...... Crawford. Eggers, Herbert Phillip ...... 07/16/1950 MIA ...... E3 ...... USA ...... Korea ...... Marion. Emrick, Howard W...... 07/20/1950 MIA ...... E3 ...... USA ...... Korea ...... Allen. Enright, William Chester ...... 12/02/1950 KIA ...... E5 ...... USMC ...... Korea ...... Hammond. Estes, Robert Vernon ...... 11/30/1950 POW ...... E4 ...... USA ...... Korea ...... White. Faith, Don Carlos Jr...... 12/02/1950 KIA ...... O5 ...... USA ...... Korea ...... Daviess. Finch, Robert Clarence ...... 09/07/1951 MIA ...... 02 ...... USAF ...... Korea ...... Lafayette. Fluhr, Peter Paul Jr...... 09/03/1950 MIA ...... E4 ...... USA ...... Korea ...... Scott. Frakes, Edward Leo ...... 10/03/1951 MIA ...... 02 ...... USMC ...... Korea ...... Branchville. Frankart, Ned Charles ...... 11/03/1951 KIA ...... 02 ...... USAF ...... Korea ...... Fort Wayne. Frans, Jack Marvin ...... 02/12/1951 MIA ...... E4 ...... USA ...... Korea ...... Daviess. Frantz, George Arthur ...... 07/11/1950 POW ...... E3 ...... USA ...... Korea ...... Marion. Garrigus, Charles ...... 12/01/1950 KIA ...... E5 ...... USA ...... Korea ...... Gibson. Gibson, Clifton E...... 10/15/1952 MIA ...... E3 ...... USA ...... Korea ...... St. Joseph. Gibson, Willard M...... 12/01/1950 POW ...... E5 ...... USA ...... Korea ...... Sullivan. Goe, Clyde ...... 11/30/1950 MIA ...... E8 ...... USA ...... Korea ...... Brown. Goodall, Robert ...... 02/12/1951 POW ...... E3 ...... USA ...... Korea ...... Delaware. Greene, Joseph P...... 02/14/1951 KIA ...... E3 ...... USA ...... Korea ...... Vanderburgh. Griffith, Jack Walter ...... 07/04/1952 MIA ...... O1 ...... USN ...... Korea ...... Evansville. Gude, Edward Allen ...... 11/19/1950 MIA ...... E4 ...... USA ...... Korea ...... Perry. Guynn, John Edwin ...... 11/04/1950 POW ...... E4 ...... USA ...... Korea ...... Huntington. Hamilton, Donald Sewell ...... 12/02/1950 MIA ...... E5 ...... USA ...... Korea ...... Greene. Hamm, Donald Lane ...... 11/28/1950 MIA ...... E5 ...... USA ...... Korea ...... Daviess. Hammon, Keith Edward ...... 11/08/1952 MIA ...... E6 ...... USAF ...... Korea ...... Rockville. Harmon, Gilbert Larry ...... 07/26/1953 MIA ...... E3 ...... USMC ...... Korea ...... Terre Haute. Harris, Elmer Jr...... 11/28/1950 MIA ...... E4 ...... USA ...... Korea ...... Monroe. Harris, Max Eugene ...... 12/12/1950 POW ...... E7 ...... USA ...... Korea ...... White. Harrison, Bannie Jr...... 12/01/1950 POW ...... E4 ...... USA ...... Korea ...... Allen. Hatch, Gene N...... 12/01/1950 POW ...... E5 ...... USA ...... Korea ...... Allen. Hay, Kenneth Verne ...... 03/19/1951 POW ...... E4 ...... USA ...... Korea ...... Wayne. Henkenius, Leo Joseph ...... 11/28/1950 MIA ...... E3 ...... USMC ...... Korea ...... Fort Wayne. Hill, James Fella ...... 12/01/1950 POW ...... O5 ...... USA ...... Korea ...... Spencer. Hinds, Robert Lee ...... 12/07/1950 KIA ...... E3 ...... USMC ...... Korea ...... Indianapolis. Hodge, William M...... 07/26/1950 MIA ...... E1 ...... USA ...... Korea ...... Lake. Holle, Joseph Francis ...... 07/08/1953 MIA ...... E4 ...... USA ...... Korea ...... Marion. Holman, Charles Rutherford ...... 08/01/1952 KIA ...... 02 ...... USN ...... Korea ...... Indianapolis. Hubartt, Ralph Ernest Jr...... 11/27/1950 MIA ...... E4 ...... USA ...... Korea ...... Huntington. Hukill, Paul F...... 11/30/1950 POW ...... E3 ...... USA ...... Korea ...... Lake. Inman, Richard George ...... 07/07/1953 MIA ...... O1 ...... USA ...... Korea ...... Knox. Jaynes, Edward R...... 12/01/1950 MIA ...... E3 ...... USA ...... Korea ...... Gibson. Jester, William F...... 07/12/1950 POW ...... 02 ...... USA ...... Korea ...... Marion. Jester, William R...... 07/11/1950 POW ...... E4 ...... USA ...... Korea ...... Switzerland. Jinks, Leonard W. E...... 07/16/1950 MIA ...... E4 ...... USA ...... Korea ...... Ripley. Jochim, Cornelius A...... 11/28/1950 MIA ...... E7 ...... USA ...... Korea ...... Vanderburgh. Johnson, William H...... 12/03/1950 MIA ...... E3 ...... USA ...... Korea ...... Clark. Killar, Paul Martin ...... 07/09/1953 MIA ...... E3 ...... USA ...... Korea ...... Lake. Lander, Lawrence Edward ...... 12/01/1950 POW ...... E5 ...... USA ...... Korea ...... Vanderburgh. Leffler, Everett W...... 11/30/1950 MIA ...... E4 ...... USA ...... Korea ...... Knox. Liddle, Harry H. Jr...... 06/11/1952 KIA ...... E3 ...... USA ...... Korea ...... Dearborn. Loveless, Larry ...... 08/11/1950 KIA ...... E3 ...... USA ...... Korea ...... Harrison. Lykins, Earl Paul ...... 07/20/1950 POW ...... E4 ...... USA ...... Korea ...... Randolph. Mace, Delbert Ulysses ...... 12/12/1951 KIA ...... E7 ...... USA ...... Korea ...... Porter. Magnus, Donald F...... 07/12/1950 POW ...... E4 ...... USA ...... Korea ...... Vanderburgh. Manion, Everett D...... 07/22/1950 MIA ...... E4 ...... USA ...... Korea ...... Montgomery. Marlatt, Donald Lee ...... 11/28/1950 MIA ...... E4 ...... USA ...... Korea ...... Jasper. Martin, Albert F...... 10/29/1952 MIA ...... E4 ...... USA ...... Korea ...... Jay. Martin, Herbert O...... 09/05/1950 KIA ...... E3 ...... USA ...... Korea ...... Gibson. Mastabayvo, Steve A...... 08/14/1952 MIA ...... E3 ...... USA ...... Korea ...... Lake. McClain, Earl E...... 09/04/1950 MIA ...... E5 ...... USA ...... Korea ...... Marion. McDaniel, Charles H...... 11/02/1950 MIA ...... E8 ...... USA ...... Korea ...... Jennings. McDoniel, Raymond John ...... 11/28/1950 KIA ...... O3 ...... USA ...... Korea ...... Monroe.

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Date of in- Name cident Status Rank Branch Country Home of record

McFarren, Edward Q...... 11/28/1950 MIA ...... E3 ...... USA ...... Korea ...... Kosciusko. McIntyre, James T...... 07/11/1950 POW ...... E4 ...... USA ...... Korea ...... Floyd. McKeehan, Herbert V...... 11/02/1950 KIA ...... E3 ...... USA ...... Korea ...... La Porte. McNally, Joseph Lawrence ...... 11/02/1950 MIA ...... E8 ...... USA ...... Korea ...... Hancock. Meshulam, Morris ...... 12/01/1950 POW ...... E4 ...... USA ...... Korea ...... Marion. Metzcar, Maurice R...... 04/25/1951 POW ...... O3 ...... USA ...... Korea ...... Delaware. Michaels, Melvin J...... 09/07/1951 KIA ...... E3 ...... USA ...... Korea ...... Porter. Middleton, Harry Richard ...... 04/30/1951 KIA ...... O3 ...... USAF ...... Korea ...... Nappanee. Minniear, Robert G...... 11/30/1950 POW ...... E4 ...... USA ...... Korea ...... Tippecanoe. Mishler, James E...... 11/30/1950 POW ...... E3 ...... USA ...... Korea ...... Clay. Mitchell, Donald K...... 11/30/1950 KIA ...... E4 ...... USA ...... Korea ...... Lake. Moore, John D. Jr...... 11/27/1950 POW ...... E5 ...... USA ...... Korea ...... Lake. Morris, Clarence Taylor ...... 12/27/1952 MIA ...... E3 ...... USMC ...... Korea ...... Gary. Morris, David Wesley ...... 02/12/1951 POW ...... E4 ...... USA ...... Korea ...... Madison. Morris, Russell F...... 02/13/1951 MIA ...... E5 ...... USA ...... Korea ...... Delaware. Mullett, Richard Everett ...... 06/15/1952 MIA ...... E8 ...... USMC ...... Korea ...... Butler. Murdock, Jackie Lee ...... 07/06/1950 POW ...... E3 ...... USA ...... Korea ...... Montgomery. Myers, Donald William ...... 12/02/1950 MIA ...... E3 ...... USMC ...... Korea ...... Fort Wayne. Neiswinger, Thomas W...... 09/06/1950 MIA ...... E4 ...... USA ...... Korea ...... Clay. Nicholson, Richard L...... 09/06/1950 MIA ...... E4 ...... USA ...... Korea ...... Henry. Northcutt, Charles Jr...... 07/20/1950 MIA ...... E4 ...... USA ...... Korea ...... Montgomery. Olcott, Richard Lee ...... 10/06/1951 KIA ...... 02 ...... USAF ...... Korea ...... Fort Wayne. Pearson, Raymond Edward ...... 07/14/1950 POW ...... 02 ...... USA ...... Korea ...... Montgomery. Pickens, Russell B...... 07/20/1950 MIA ...... E4 ...... USA ...... Korea ...... Allen. Pleiss, Lewis Peifer ...... 09/23/1951 MIA ...... 02 ...... USAF ...... Korea ...... New Albany. Plump, James ...... 11/27/1950 KIA ...... E8 ...... USA ...... Korea ...... St. Joseph. Pothast, Bobby Lee ...... 06/13/1952 KIA ...... E3 ...... USMC ...... Korea ...... Indianapolis. Reynolds, Bernard Clayton ...... 05/18/1951 MIA ...... E4 ...... USA ...... Korea ...... Randolph. Rice, Donald Ray ...... 05/18/1951 POW ...... E5 ...... USA ...... Korea ...... Porter. Rider, Alexander David ...... 12/06/1950 KIA ...... E6 ...... USMC ...... Korea ...... Gary. Riley, Charles D...... 11/28/1950 POW ...... E4 ...... USA ...... Korea ...... Delaware. Rodman, Marvin L...... 10/20/1952 MIA ...... E7 ...... USA ...... Korea ...... Washington. Ross, Edward F...... 04/25/1951 MIA ...... E5 ...... USA ...... Korea ...... DeKalb. Ross, Robert Lewis ...... 06/10/1952 MIA ...... E6 ...... USAF ...... Korea ...... Rockville. Ruby, Gene Robert ...... 11/30/1950 KIA ...... E3 ...... USMC ...... Korea ...... Roanoke. Rush, John Earl ...... 12/02/1950 MIA ...... E4 ...... USMC ...... Korea ...... South Bend. Scott, Marle D...... 11/29/1950 KIA ...... E3 ...... USA ...... Korea ...... Fountain. Scott, Richard Dale ...... 10/01/1950 MIA ...... E3 ...... USN ...... Korea ...... Peru. Sechman, Donald R...... 07/20/1950 MIA ...... E6 ...... USA ...... Korea ...... Montgomery. Selman, Clifford Gene ...... 05/17/1953 MIA ...... 02 ...... USAF ...... Korea ...... Lafayette. Serwise, Luther Dean ...... 02/12/1951 MIA ...... E7 ...... USA ...... Korea ...... Lake. Shepler, Gerald Ivin ...... 11/29/1950 KIA ...... E4 ...... USA ...... Korea ...... Union. Simmons, Wallace Jr...... 12/06/1950 MIA ...... E8 ...... USA ...... Korea ...... Marion. Smith, Charles E...... 07/27/1950 MIA ...... E3 ...... USA ...... Korea ...... St. Joseph. Smith, Leland Ford ...... 11/28/1950 POW ...... E4 ...... USA ...... Korea ...... Steuben. Soderstrom, Marvin W...... 09/09/1951 MIA ...... E3 ...... USA ...... Korea ...... Porter. Spangler, Donald E...... 11/02/1950 MIA ...... E3 ...... USA ...... Korea ...... Delaware. Stebbens, Alvin Lowell ...... 12/02/1950 MIA ...... E4 ...... USA ...... Korea ...... Grant. Strawser, Paul P...... 07/06/1950 POW ...... E4 ...... USA ...... Korea ...... Steuben. Sturdivant, Charles ...... 02/12/1951 POW ...... E3 ...... USA ...... Korea ...... Huntington. Sturgeon, Gene Alfred ...... 11/28/1950 KIA ...... E4 ...... USMC ...... Korea ...... Connersville. Surber, Harold Paul ...... 05/18/1951 POW ...... E4 ...... USA ...... Korea ...... Marion. Tabaczynski, Edwin Felix ...... 08/20/1951 KIA ...... O1 ...... USAF ...... Korea ...... Mishawaka. Talley, James Willis ...... 11/26/1950 KIA ...... E3 ...... USA ...... Korea ...... Lake. Thurman, John Edward ...... 10/16/1952 NBD ...... E3 ...... USAF ...... Korea ...... Greensboro. Titus, Robert Eli ...... 07/16/1950 POW ...... E3 ...... USA ...... Korea ...... Grant. Toops, William Wilbur ...... 06/16/1952 KIA ...... 02 ...... USAF ...... Korea ...... Anderson. Turner, Robert William ...... 10/12/1950 KIA ...... E7 ...... USN ...... Korea ...... Logansport. Wagner, Gene Lewis ...... 07/16/1950 POW ...... E4 ...... USA ...... Korea ...... White. Wasiak, Richard L...... 12/02/1950 MIA ...... E4 ...... USA ...... Korea ...... Lake. White, Robert Lee ...... 11/30/1950 POW ...... E4 ...... USA ...... Korea ...... Henry. White, Robert Louis ...... 11/30/1950 MIA ...... E5 ...... USA ...... Korea ...... Decatur. Wilder, Robert Dewitt ...... 10/06/1952 KIA ...... E4 ...... USMC ...... Korea ...... Evansville. Williams, Grover Lois ...... 11/28/1950 MIA ...... E4 ...... USMC ...... Korea ...... Walkerton. Wilson, Merble Eugene ...... 02/15/1951 POW ...... E3 ...... USA ...... Korea ...... Tippecanoe. Woliung, John George ...... 11/05/1952 MIA ...... O3 ...... USAF ...... Korea ...... Greencastle. Zekucia, Bernard M...... 08/27/1951 KIA ...... E4 ...... USA ...... Korea ...... Lake. NBD = Non-battle Death NBR = No body recovered PFD = Presumptive Finding of Death

RECOGNIZING WOMEN IN SCIENCE formance of polymer-based solar cells; TRIBUTE TO WOLFGANG MATTES Ms. LANDRIEU. Mr. President, I rise Dr. Karlin Bark, for work in haptic Mr. LEVIN. Mr. President, today, I today to honor an extraordinary group feedback that aims to help retrain the honor a son of Michigan, Mr. Wolfgang of women for their passion and com- motor pathways of stroke survivors; ‘‘Wolf’’ Mattes, a loving husband, dedi- mitment to scientific research. These Dr. Sasha Devore, a neuroscientist cated father, caring friend, and stal- women have pursued careers in the studying sensory processing which wart patriot. Mr. Mattes will celebrate science, technology, engineering and could lead to understanding numerous his 80th birthday on Sunday, Sep- mathematics, or STEM, fields knowing neurological diseases and disorders; Dr. tember 18. that their hard work and dedication Regan Blythe Towal, a biomedical en- Mr. Mattes is a dedicated public serv- might one day have profound effects in gineer working to understand informa- ant who has selflessly served his coun- the worlds of science and medicine. tion processing of the nervous system try, State and community in various In partnership with the American As- thus leading to improved robotic tech- capacities for nearly six decades. sociation for the Advancement of nologies; and, Dr. Tijana Ivanovic, a vi- Known as an honest, warm, and gen- Science, the L’Ore´al USA for Women in rologist working on how viruses, such erous man, Mr. Mattes chose a career Science Fellowship program was estab- as influenza, enter into cells. These as a public servant and worked for the lished in 2003. Today, five remarkable women are truly an inspiration to us city of Detroit for many years, where women are being accepted into this fel- all. he retired as the supervising naturalist lowship where they will join the 35 Please join me in honoring these five at the Belle Isle Nature Center. Wolf is postdoctoral women scientists from extraordinary women and the L’Ore´al a wildlife conservationist at heart and across the United States who came be- USA for Women in Science Fellowship spent countless hours rehabilitating fore them. Program for striving to raise aware- wild animals and protecting their habi- I would like to recognize each of ness of women’s contributions in the tat. Additionally, when his country these five women: Dr. Trisha Andrew, field of scientific research and serving called, he did not hesitate to respond for research in organic electronics with as strong female role models for gen- and proudly served in the U.S. Army the possibility of improving the per- erations to come. during the Korean war.

VerDate Mar 15 2010 05:13 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.060 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5680 CONGRESSIONAL RECORD — SENATE September 15, 2011 An avid sports fan and athlete, Wolf brothers. Admiral King attended Lo- In nominating her for these awards, worked as an usher at Tiger and Olym- rain High School and graduated fourth teachers, staff, students, and parents pia Stadiums. At Olympia Stadium, he in his class from the U.S. Naval Acad- have praised Shelly’s work to build a was the guard for the Red Wing’s lock- emy in 1901. Still enrolled at the Naval respectful environment at East Middle er room and bench and was known as Academy, he served in the Spanish School while creating a personalized ‘‘Wolfie on the bench’’ by the players. American War. In 1905, he married Mar- learning environment for each student, After Olympia Stadium closed, the De- tha Lankin Edgerton in Baltimore, her ability to collaborate and seek in- troit Red Wings brought him with with whom he raised six daughters and novative solutions to complex prob- them to Joe Louis Arena, where he a son. King was known to return to Lo- lems. Shelly has also worked to inte- worked in the press box. rain throughout his life to visit his grate more technology into the cur- Mr. Mattes understands the value childhood friends. riculum to help prepare students for and importance of community service, After his distinguished service in the challenges of the 21st century econ- and his many efforts have been fit- World War I, in 1927, he became a naval omy. Shelly says she loves being in tingly honored through his selection as aviator, and only 6 years later, he was education, ‘‘because of the relation- a volunteer and firefighter of the year, made chief of the Bureau of Aero- ships you build with kids and their Kiwanis volunteer of the year, and Elk nautics of the U.S. Navy, where he families. I love the energy of middle- volunteer of the year. made patrol bombers an essential naval schoolers, you can’t take yourself too On Sunday, we will all look back and arm. He was appointed by President seriously with them.’’ see the hallmarks of a life well lived. Franklin D. Roosevelt in World War II Shelly is also involved in the Great He is beloved not for a litany of accom- as chief of the U.S. Fleet and Chief of Falls community volunteering for the plishments, but simply for who he is. Naval Operations, taking the post only United Way and serving in leadership Beneath a humble exterior lies a gen- 2 weeks after the attack on Pearl Har- positions at Central Christian Church. erous and kind soul. His quiet deter- bor. He earned his nickname, Eagle This month Shelly will be visiting mination, unfailing kindness, and Eye Ernie, by possessing boundless en- Washington, DC, with other award-win- unyielding spirit have made him a pil- ergy, and being a strict disciplinarian. ning principals when they will be rec- lar not only of a proud and loving fam- He retired from the Navy as a deco- ognized for their hard work and ily, but of all who have come to know rated officer, having been awarded 10 achievement in educating and pre- him. medals and 14 Foreign Awards, includ- paring our children for the future, and He remains the dedicated husband to ing the Navy Distinguished Service have the opportunity to share ideas on his lovely bride Barb, whom he met at Medal and the National Defense Serv- how to strengthen our education sys- Michigan State on a blind date over 52 ice Medal. Upon Admiral King’s pass- tem. years ago, and he has been a wonderful ing, on June 25, 1956, President Eisen- I congratulate Shelly on being named father to his adoring daughters Erika hower remarked: ‘‘Admiral King car- the 2011 Montana Principal of the Year Lynn Mattes Rebbe, Heidi Leigh ried his heavy responsibility with cour- and thank her for her decades of serv- Mattes Mason, Brigitte Beth Mattes age, brilliance and continued devotion ice to the Great Falls school system. Cooper, and Inger Ann Mattes Griffin. to duty.’’ Montana has some of the best teachers, This weekend, the city of Lorain, the Today, we offer heartfelt congratula- principals, and school administrators Black River Historical Society, tions to Wolf as he celebrates his 80th in the country. I would like to com- Charleston Village Society, Lorain birthday. This is truly a joyous occa- mend all of them for their hard work City Schools, along with several mem- sion. His unending love of family, and dedication in providing young bers of Admiral King’s family will join friends, and country, as well as his de- Montanans with a world class edu- together to honor the legacy of an cation that prepares them for a bright votion to those who have had the privi- American hero. For school children future.∑ lege of knowing him serve as inspira- who will attend Admiral King Elemen- tion to all. f tary School, and for all Lorain resi- Happy birthday, Wolf. May you enjoy dents who will pass by his home on TRIBUTE TO MR. AND MRS. happiness, good fortune, and good Hamilton Avenue, let us remember the VIRGIL POE health for many years to come. lessons of Admiral Ernest Joseph King, ∑ Mrs. HUTCHISON. Mr. President, f that patriotism and service forever an- today I wish to honor the 65th wedding REMEMBERING ADMIRAL ERNEST chors the greatness of our Nation. anniversary of Mr. and Mrs. Virgil Poe, JOSEPH KING f the parents of my good friend serving the 2nd District of Texas, Congressman Mr. BROWN of Ohio. Mr. President, I ADDITIONAL STATEMENTS TED POE. rise to speak today as citizens of Lo- In the summer of 1945, following his rain County, OH soon gather to honor service in Germany in the Second TRIBUTE TO SHELLY one of their favorite sons, ADM Ernest World War, TSgt Virgil Poe was sta- FAGENSTROM Joseph King, an American hero, who tioned at the US Army Post in Fort served as commander in chief of the ∑ Mr. BAUCUS. Mr. President, today I Hood, TX, re-equipping and preparing U.S. Fleet, and Chief of Naval Oper- recognize Shelly Fagenstrom, an out- for a possible land invasion of Japan. ations during World War II. standing educator from my home State At the same time, Miss Dorrace Hill This Sunday, September 18, 2011, Ad- of Montana. Shelly is the principal of was serving the local Army hospital as miral King’s memory will be honored East Middle School in Great Falls and a volunteer for the Red Cross. On a with a Lorain elementary school has been recognized by the Montana Wednesday night during that summer named in his honor. An open green Association of Secondary School Prin- of 1945, Virgil met Dorrace at a prayer space, in the shape of an anchor, will cipals as the Montana Principal of the meeting church service. The next year, be dedicated directly across the street Year for 2011. the couple was married on October 16, from the admiral’s birthplace, a home Shelly has taught and served as an 1946. at 113 Hamilton Avenue that still administrator in the Great Falls school Virgil and Dorrace began their wed- stands today. Both the elementary system for 38 years; all but 2 of those ded life operating a DX service station school and the green space will remind have been at the middle school level. where Virgil pumped gas, sold tires, future generations of the admiral’s She has been the principal at East Mid- and fixed cars. Soon thereafter, they contributions to our country and the dle School since 2005 and prior to that moved to Abilene, TX, where Virgil en- personal traits that made him an served for 6 years as the principal at rolled at Abilene Christian University. American hero: tenacity, love of coun- Paris Gibson Middle School. This isn’t While there, he supported his family try, fearlessness. the first time Shelly has been honored and paid his tuition by working nights Ernest Joseph King was born in Lo- for her dedication to her students—in for Southwestern Bell and KRBC rain on November 23, 1878, to Elizabeth 2010 she was named Educator of the Radio. and James Clydesdale King. He was the Year by the Montana Parent Teacher After college, the Poes moved to older brother to two sisters and two Association. Houston, where Virgil and Dorrace

VerDate Mar 15 2010 05:13 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.040 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5681 raised TED and Jayne. Virgil worked Additionally, he had an outstanding the owners, who were known as the Secaucus for more than 40 years as an engineer ability to bring people to his views, Seven. When the owners tried to turn things at the Southwestern Bell Telephone earning enormous respect and alle- around in 1996, they selected the well-liked Company, and the Poes were active giance. He was highly moral and hon- Mr. Taub as chairman. Two years later, they members of the Memorial Church of est and encouraged trust in all who sold the team to another group of New Jer- Christ. knew him. He was without trappings, sey businessmen. Virgil and Dorrace’s marriage is and with Henry Taub his word was his Henry Taub was born in Paterson on Sept. rooted in faith and love. The Poes are bond. He shared affection and deep love 20, 1927, the son of a junk dealer, and was celebrating 65 years of marriage sur- with family and friends and could al- raised in a working-class neighborhood rounded by their beloved family, in- ways be counted upon for straight an- there. ‘‘The streets were just filled with peo- cluding their son TED and his wife swers when questions arose. ple and kids and debate and excitement and, Carol and their daughter Jayne, their 8 Henry Taub was my junior by a few from my point of view, intellectual fervor,’’ grandchildren, and 13 great-grand- years, but through more than 50 years he said in a 1996 interview with The New children. Mr. President, I am proud to of friendship, his high personal stand- York Times. honor the 65th wedding anniversary of ards set a target for decency and qual- After skipping two grades in public school, Virgil and Dorrace Poe, and join with ity in life. He will long be remembered Mr. Taub graduated from New York Univer- their family and friends in recognizing as an example for others to follow and sity with a degree in accounting in three them on this special occasion.∑ I remain extremely grateful for his years at 19 and joined an accounting prac- tice. When a client, a clothing business, did f contributions to my life. I ask to have printed in the RECORD, not issue paychecks one week because of an REMEMBERING HENRY TAUB a copy of the obituary that appeared in illness, causing an employee walkout, Mr. ∑ Mr. LAUTENBERG. Mr. President, I the New York Times at the time of his Taub had the idea for a new business: payroll speak today in commemoration of the passing. processing. life of Henry Taub, founder of ADP in The information follows. Mr. Taub retired from A.D.P. in the mid- 1949 at 21 years of age. He was 19 years [From the New York Times, Apr. 4, 2011] 1980s, when the company said it was proc- essing paychecks for a 10th of the nation’s old when he received his degree in ac- HENRY TAUB, A FOUNDER OF A PAYROLL FIRM counting from NYU. THAT BECAME A GLOBAL GIANT, DIES AT 83 work force. Afterward he became involved in an array of community, philanthropic and The company then called Automatic (By Duff Wilson) other business endeavors. With his wife he Payrolls was started with a loan of Henry Taub, a founder of the payroll com- created the Henry and Marilyn Taub Foun- $5,000. pany that grew into the global giant Auto- Henry Taub and I became acquainted matic Data Processing, died on Thursday in dation, with assets estimated at $150 million. in 1952 when we both worked in a build- Manhattan. He was 83 and lived in Tenafly, He financed the Taub Institute for Re- ing in Paterson, NJ where Henry’s pay- N.J. search on Alzheimer’s Disease and the Aging roll service company was based. Our The cause was complications of leukemia, Brain at Columbia University, the Taub Cen- occasional contact served to famil- his son Steven said. ter for Israel Studies at New York Univer- For many years Mr. Taub was also a co- sity and the Taub Center for Social Policy iarize me with a vital service to busi- owner of the New Jersey Nets. Studies in Israel in Jerusalem. nesses large and small. Starting in 1949 in an office above a It was in 1952 that I joined this fledg- Paterson, N.J., ice cream parlor and then in Among other activities, he was president ling organization to become its first a hotel basement, Mr. Taub and his brother, of the American Technion Society, the salesman and early on a senior member Joseph, built the company on a reputation United States affiliate of an Israeli institute of management. Henry, his brother Jo- for precision and timeliness. They were of technology, and was chairman of the insti- seph Taub, and I worked well together, joined in the early years by an aspiring tute’s international board of governors. He and the business began the growth that salesman who had been their childhood was chairman of the United Israel Appeal friend—Frank R. Lautenberg, now a Demo- from 1986 to 1990. would lead ultimately to a status few cratic senator from New Jersey. companies achieve. ‘‘The idea was not a brilliant idea, it was a He was also a trustee of New York Univer- Today ADP employs over 45,000 peo- good idea, but what we did in terms of hard sity and served on the boards of Rite-Aid, ple in 23 countries and holds the record work made it,’’ Senator Lautenberg said in Hasbro, Bank Leumi and Trust Company of for at least 10 percent growth in profits an interview on Sunday. ‘‘Lots of seven-day New York, Interfaith Hunger Appeal and the each year for 42 years in a row. It is a workweeks, lots of 12-hour days.’’ New York Shakespeare Festival/Public The- record unmatched by any other pub- Today, A.D.P, based in Roseland, N.J., has ater. annual sales of more than $9 billion and licly held company. It is now also only about 550,000 clients and is one of the world’s Mr. Taub is survived by his brother, Jo- one of four companies in our country largest providers of business services. Back seph; his wife of 53 years, Marilyn; their to qualify as a AAA rated company. then, however, it was a shoestring operation: three children, Judith Gold, Steven and Ira; Thirty years at ADP in various as- the Taubs often delivered payrolls by bus and 10 grandchildren.∑ signments as head of marketing, presi- and cleaned their own offices at night. dent, chairman, and CEO of ADP ‘‘Each of us had a function,’’ Senator Lau- f brought me to think my experience tenberg said. ‘‘Henry was the strategic one might be of value for service in the in the firm and designed the system, and Joe managed the operation, and I was the mar- MESSAGES FROM THE PRESIDENT public interest. In that connection I de- keter, the salesman.’’ cided to try to win a seat in the U.S. The company, initially called Automatic Messages from the President of the Senate. Good fortune came my way, Payrolls, changed its name to Automatic United States were communicated to and in 1982 I won a first term as a Sen- Data Processing in 1958 and went public in the Senate by Mr. Pate, one of his sec- ator. 1961. The timing was perfect because I.B.M. retaries. My business experience and back- had recently begun marketing an attrac- tively priced business computer system that ground credentials were principal f issues in a tough campaign. I learned a increased A.D.P.’s capabilities. Mr. Taub was president of the company great deal over the three decades at from 1949 to 1970, chairman and chief execu- EXECUTIVE MESSAGES REFERRED ADP, but a major factor in that suc- tive from 1970 to 1977 and chairman from 1977 cess was my good luck to have worked to 1985. He was an honorary board chairman As in executive session the Presiding side by side with Henry Taub. since then. Senator Lautenberg left the com- Officer laid before the Senate messages Henry was an unusually talented in- pany in 1983 after winning election to the from the President of the United United States Senate. He is now the longest- dividual. He had superb instincts States submitting sundry nominations buoyed by extraordinary intelligence. serving senator in New Jersey history. which were referred to the appropriate His modesty was widely known, and a Mr. Taub and his brother were among seven local businessmen who were co-owners committees. subtle demeanor was included. He was of the struggling Nets franchise in the Na- a strategic thinker and responded tional Basketball Association for almost 20 (The nominations received today are calmly and directly with problem solv- years. The Nets suffered injuries, coaching printed at the end of the Senate pro- ing. changes, many losses and bickering among ceedings.)

VerDate Mar 15 2010 03:57 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.023 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5682 CONGRESSIONAL RECORD — SENATE September 15, 2011 PRESIDENT’S REPORT TO CON- whale meat to Japan reportedly in- months, or immediately upon the re- GRESS RELATIVE TO THE SEC- creased significantly in both March sumption of fin whaling by Icelandic RETARY OF COMMERCE’S CER- and April 2011. nationals, I have directed relevant de- TIFICATION UNDER SECTION 8 Iceland’s actions threaten the con- partments and agencies to report to me OF THE FISHERMAN’S PROTEC- servation status of an endangered spe- through the Departments of State and TIVE ACT OF 1967, AS AMENDED cies and undermine multilateral efforts Commerce on their actions. I believe (THE ‘‘PELLY AMENDMENT’’) (22 to ensure greater worldwide protection these actions hold the most promise of U.S.C. 1978) THAT NATIONALS OF for whales. Iceland’s increased com- effecting a reduction in Iceland’s com- ICELAND HAVE CONDUCTED mercial whaling and recent trade in mercial whaling activities. WHALING ACTIVITIES THAT DI- whale products diminish the effective- BARACK OBAMA. MINISH THE EFFECTIVENESS OF ness of the IWC’s conservation program THE WHITE HOUSE, September 15, 2011. because: (1) Iceland’s commercial har- THE INTERNATIONAL WHALING f COMMISSION (IWC) CONSERVA- vest of whales undermines the morato- TION PROGRAM—PM 21 rium on commercial whaling put in MESSAGES FROM THE HOUSE place by the IWC to protect plum- The PRESIDING OFFICER laid be- At 9:40 a.m., a message from the meting whale stocks; (2) the fin whale fore the Senate the following message House of Representatives, delivered by harvest greatly exceeds catch levels Mr. Novotny, one of its reading clerks, from the President of the United that the IWC’s scientific body advised announced that the House has passed States which was referred to the Com- would be sustainable if the moratorium the following joint resolution, in which mittee on Commerce, Science, and were removed; and (3) Iceland’s har- it requests the concurrence of the Sen- Transportation: vests are not likely to be brought ate: To the Congress of the United States: under IWC management and control at On July 19, 2011, Secretary of Com- sustainable levels through multilateral H.J. Res. 77. Joint resolution relating to merce Gary Locke certified under sec- the disapproval of the President’s exercise of efforts at the IWC. authority to increase the debt limit, as sub- tion 8 of the Fisherman’s Protective In his letter of July 19, 2011, Sec- mitted under section 3101A of title 31, United Act of 1967, as amended (the ‘‘Pelly retary Locke expressed his concern for States Code, on August 2, 2011. Amendment’’) (22 U.S.C. 1978), that na- these actions, and I share these con- tionals of Iceland are conducting whal- cerns. To ensure that this issue con- At 2:44 p.m., a message from the ing activities that diminish the effec- tinues to receive the highest level of House of Representatives, delivered by tiveness of the International Whaling attention, I direct: (1) relevant U.S. Mr. Novotny, one of its reading clerks, Commission (IWC) conservation pro- delegations attending meetings with announced that the House has passed gram. This message constitutes my re- Icelandic officials and senior Adminis- the following bills, in which it requests port to the Congress consistent with tration officials visiting Iceland to the concurrence of the Senate: subsection (b) of the Pelly Amendment. raise U.S. concerns regarding commer- H.R. 2587. An act to prohibit the National In 1982, the IWC set catch limits for cial whaling by Icelandic companies Labor Relations Board from ordering any all commercial whaling at zero. This and seek ways to halt such action; (2) employer to close, relocate, or transfer em- decision, known as the commercial Cabinet secretaries to evaluate the ap- ployment under any circumstances. whaling moratorium, is in effect today. propriateness of visits to Iceland de- H.R. 2867. An act to reauthorize the Inter- Iceland abided by the moratorium until pending on continuation of the current national Religious Freedom Act of 1998, and 1992, when it withdrew from the IWC. suspension of fin whaling; (3) the De- for other purposes. In 2002, Iceland rejoined the IWC with a partment of State to examine Arctic The message also announced that reservation to the moratorium on com- cooperation projects, and where appro- pursuant to 22 U.S.C. 276d and the order mercial whaling. In 2003, Iceland began priate, link U.S. cooperation to the Ice- of the House of January 5, 2011, the a lethal scientific research whaling landic government changing its whal- Speaker appoints the following Mem- program. In 2004, Secretary of Com- ing policy and abiding by the IWC mor- bers of the House of Representatives to merce Donald L. Evans certified Ice- atorium on commercial whaling; (4) the Canada-United States Inter- land under the Pelly Amendment for the Departments of Commerce and parliamentary Group: Mr. DREIER of lethal scientific research whaling. State to consult with other inter- California, Mr. LUNGREN of California, When Iceland resumed commercial national actors on efforts to end Ice- Mrs. MILLER of Michigan, Mr. SMITH of whaling in 2006, Secretary Carlos M. landic commercial whaling and have Nebraska, Mr. HUIZENGA of Michigan, Gutierrez retained Iceland’s certifi- Iceland abide by the IWC moratorium Mr. HIGGINS of New York, Mr. MEEKS of cation, which remains in effect today. on commercial whaling; (5) the Depart- New York, Ms. SLAUGHTER of New Iceland’s commercial harvest of fin ment of State to inform the Govern- York, Mr. WELCH of Vermont, and Mr. whales escalated dramatically over the ment of Iceland that the United States LARSEN of Washington. past few years. In addition, Iceland re- will continue to monitor the activities f cently resumed exporting whale prod- of Icelandic companies that engage in ucts. Of particular concern to the commercial whaling; and (6) relevant MEASURES REFERRED United States, Iceland harvested 125 U.S. agencies to continue to examine The following bill was read the first endangered fin whales in 2009 and 148 in other options for responding to contin- and the second times by unanimous 2010, a significant increase from the ued whaling by Iceland. consent, and referred as indicated: total of 7 fin whales it commercially I concur with the Secretary of Com- H.R. 2867. An act to reauthorize the Inter- harvested between 1987 and 2007. merce’s recommendation to pursue the national Religious Freedom Act of 1998, and Iceland’s sole fin whaling company, use of non-trade measures and that the for other purposes; to the Committee on For- Hvalur hf, suspended its fin whaling actions outlined above are the appro- eign Relations. due to the earthquake and tsunami in priate course of action to address this f Japan, where it exports its whale meat. issue. Accordingly, I am not directing Despite this suspension, Iceland con- the Secretary of the Treasury to im- MEASURES PLACED ON THE tinues to permit whaling and has a pose trade measures on Icelandic prod- CALENDAR government issued fin whale quota in ucts for the whaling activities that led The following joint resolution was effect for the 2011 season that con- to the certification by the Secretary of read the first and second times by tinues to exceed catch levels that the Commerce. However, to ensure that unanimous consent, and placed on the IWC’s scientific body advised would be this issue continues to receive the calendar pursuant to Public Law 112– sustainable if the moratorium was re- highest level of attention, I am direct- 25, section 301(a)(2): moved. This continues to present a ing the Departments of State and Com- H.J. Res. 77. Joint resolution relating to threat to the conservation of fin merce to continue to keep the situa- the disapproval of the President’s exercise of whales. Further, Icelandic nationals tion under review and continue to urge authority to increase the debt limit, as sub- continue to hunt minke whales com- Iceland to cease its commercial whal- mitted under section 3101A of title 31, United mercially and Iceland’s exports of ing activities. Further, within 6 States Code, on August 2, 2011.

VerDate Mar 15 2010 04:15 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.032 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5683 MEASURES READ THE FIRST TIME fice of the President of the Senate on Sep- Treasury, transmitting, pursuant to law, the tember 14, 2011; to the Committee on Armed report of a rule entitled ‘‘Update of Weighted The following bill was read the first Services. Average Interest Rates, Yield Curves, and time: EC–3255. A communication from the Direc- Segment Rates’’ (Notice 2011–75) received in H.R. 2587. An act to prohibit the National tor of Defense Procurement and Acquisition the Office of the President of the Senate on Labor Relations Board from ordering any Policy, Department of Defense, transmit- September 13, 2011; to the Committee on Fi- employer to close, relocate, or transfer em- ting, pursuant to law, the report of a rule en- nance. ployment under any circumstance. titled ‘‘Multiyear Contracting’’ ((RIN0750– EC–3265. A communication from the Chief AG89) (DFARS Case 2009–D026)) received in of the Publications and Regulations Branch, f the Office of the President of the Senate on Internal Revenue Service, Department of the EXECUTIVE AND OTHER September 14, 2011; to the Committee on Treasury, transmitting, pursuant to law, the COMMUNICATIONS Armed Services. report of a rule entitled ‘‘List of Nonbank EC–3256. A communication from the Direc- Trustees and Custodians’’ (Announcement The following communications were tor of Defense Procurement and Acquisition 2011–59) received in the Office of the Presi- laid before the Senate, together with Policy, Department of Defense, transmit- dent of the Senate on September 13, 2011; to accompanying papers, reports, and doc- ting, pursuant to law, the report of a rule en- the Committee on Finance. EC–3266. A communication from the Chief uments, and were referred as indicated: titled ‘‘Annual Representations and Certifi- cations’’ ((RIN0750–AG39) (DFARS Case 2009– of the Publications and Regulations Branch, EC–3247. A communication from the Con- Internal Revenue Service, Department of the D011)) received in the Office of the President gressional Review Coordinator, Animal and Treasury, transmitting, pursuant to law, the of the Senate on September 14, 2011; to the Plant Health Inspection Service, Department report of a rule entitled ‘‘Announcement of Committee on Armed Services. of Agriculture, transmitting, pursuant to the Results of the 2010–2011 Allocation Round EC–3257. A communication from the Chief law, the report of a rule entitled ‘‘Tuber- of the Qualifying Advanced Coal Project Pro- Counsel, Federal Emergency Management culosis in Cattle and Bison; State and Zone gram’’ (Announcement 2011–62) received in Agency, Department of Homeland Security, Designations; Michigan’’ (Docket No. the Office of the President of the Senate on transmitting, pursuant to law, the report of APHIS–2011–0075) received in the Office of the September 13, 2011; to the Committee on Fi- a rule entitled ‘‘Suspension of Community President of the Senate on September 14, nance. Eligibility’’ ((44 CFR Part 64) (Docket No. 2011; to the Committee on Agriculture, Nu- EC–3267. A communication from the Chief FEMA–8195)) received in the Office of the trition, and Forestry. of the Publications and Regulations Branch, President of the Senate on September 14, EC–3248. A communication from the Under Internal Revenue Service, Department of the 2011; to the Committee on Banking, Housing, Secretary of Defense (Comptroller), trans- Treasury, transmitting, pursuant to law, the and Urban Affairs. mitting, pursuant to law, a report relative to report of a rule entitled ‘‘Examination of Re- EC–3258. A communication from the Fed- violations of the Antideficiency Act that oc- turns and Claims for Refund, Credit, or eral Register Certifying Officer, Financial curred within the Operation and Mainte- Abatement; Determination of Tax Liability’’ Management Service, Department of the nance, Navy account 17* 1804, during Fiscal (Rev. Proc. 2011–45) received in the Office of Treasury, transmitting, pursuant to law, the Year (FY) 2004 and FY 2006 at the Bureau of the President of the Senate on September 13, report of a rule entitled ‘‘Indorsement and Naval Personnel and was assigned Navy case 2011; to the Committee on Finance. Payment of Checks Drawn on the United EC–3268. A communication from the Chief number 07–10; to the Committee on Appro- States Treasury’’ (RIN1510–AB25) received in of the Publications and Regulations Branch, priations. the Office of the President of the Senate on Internal Revenue Service, Department of the EC–3249. A communication from the Assist- September 13, 2011; to the Committee on Treasury, transmitting, pursuant to law, the ant Secretary, Bureau of Political-Military Banking, Housing, and Urban Affairs. report of a rule entitled ‘‘Section 6707A and Affairs, Department of State, transmitting, EC–3259. A communication from the Regu- the Failure to Include on Any Return or pursuant to law, an addendum to a certifi- latory Specialist, Office of the Comptroller Statement Any Information Required to be cation, transmittal number: DDTC 11–069, of of the Currency, Department of the Treas- Disclosed under Section 6011 with Respect to the proposed sale or export of defense arti- ury, transmitting, pursuant to law, the re- a Reportable Transaction’’ ((RIN1545–BF61) cles and/or defense services to a Middle East port of a rule entitled ‘‘Retail Foreign Ex- (TD 9550)) received in the Office of the Presi- country regarding any possible effects such a change Transactions’’ (RIN1557–AD42) re- dent of the Senate on September 13, 2011; to sale might have relating to Israel’s Quali- ceived in the Office of the President of the the Committee on Finance. tative Military Edge over military threats to Senate on September 12, 2011; to the Com- EC–3269. A communication from the Chief Israel; to the Committee on Armed Services. mittee on Banking, Housing, and Urban Af- of the Publications and Regulations Branch, EC–3250. A communication from the Under fairs. Internal Revenue Service, Department of the Secretary of Defense (Personnel and Readi- EC–3260. A communication from the Chair- Treasury, transmitting, pursuant to law, the ness), transmitting a report on the approved man and President of the Export-Import report of a rule entitled ‘‘Implementation of retirement of Admiral Gary Roughead, Bank, transmitting, pursuant to law, a re- Form 990’’ ((RIN1545–BH28) (TD 9549)) re- United States Navy, and his advancement to port relative to transactions involving U.S. ceived in the Office of the President of the the grade of admiral on the retired list; to exports to Ireland; to the Committee on Senate on September 13, 2011; to the Com- the Committee on Armed Services. Banking, Housing, and Urban Affairs. mittee on Finance. EC–3251. A communication from the Sec- EC–3261. A communication from the Sec- EC–3270. A communication from the Assist- retary of Defense (Personnel and Readiness), retary of the Securities and Exchange Com- ant Secretary, Bureau of Legislative Affairs, transmitting a report on the approved retire- mission, transmitting, pursuant to law, the Department of State, transmitting, pursuant ment of Lieutenant General Allen G. Peck, report of a rule entitled ‘‘Privacy Act of 1974; to law, a report relative to the justification United States Air Force, and his advance- Implementation and Amendment of Exemp- for the President’s waiver of the restrictions ment to the grade of lieutenant general on tions’’ (17 CFR Part 200) received in the Of- on the provision of funds to the Palestinian the retired list; to the Committee on Armed fice of the President of the Senate on Sep- Authority; to the Committee on Foreign Re- Services. tember 13, 2011; to the Committee on Com- lations. EC–3271. A communication from the Sec- EC–3252. A communication from the Acting merce, Science, and Transportation. Secretary of Defense (Acquisition, Tech- EC–3262. A communication from the Fed- retary of the Department of Homeland Secu- nology and Logistics), transmitting, pursu- eral Register Certifying Officer, Financial rity, transmitting, a legislative proposal rel- ant to law, a report entitled ‘‘The Fiscal Management Service, Department of the ative to implementing a pay reform initia- Year 2010 Inventory of Contracts for Serv- Treasury, transmitting, pursuant to law, the tive referenced in the Department of Home- ices’’; to the Committee on Armed Services. report of a rule entitled ‘‘Federal Govern- land Security’s Fiscal Year 2012 Congres- sional Budget Justification; to the Com- EC–3253. A communication from the Direc- ment Participation in the Automated Clear- mittee on Homeland Security and Govern- tor of Defense Procurement and Acquisition ing House’’ (RIN1510–AB24) received in the Policy, Department of Defense, transmit- mental Affairs. Office of the President of the Senate on Sep- EC–3272. A communication from the Reg- ting, pursuant to law, the report of a rule en- tember 13, 2011; to the Committee on Fi- titled ‘‘Ships Bunkers Easy Acquisitions ister of Copyrights, United States Copyright nance. Office, Library of Congress, transmitting, (SEA) Card and Aircraft Ground Services’’ EC–3263. A communication from the Chief pursuant to law, a report entitled ‘‘Satellite ((RIN0750–AH07) (DFARS Case 2009–D019)) re- of the Publications and Regulations Branch, Television Extension and Localism Act’’; to ceived in the Office of the President of the Internal Revenue Service, Department of the the Committee on the Judiciary. Senate on September 12, 2011; to the Com- Treasury, transmitting, pursuant to law, the mittee on Armed Services. report of a rule entitled ‘‘Air Transportation f EC–3254. A communication from the Direc- and Aviation Fuels Excise Taxes’’ (Notice REPORTS OF COMMITTEES tor of Defense Procurement and Acquisition 2011–69) received in the Office of the Presi- Policy, Department of Defense, transmit- dent of the Senate on September 13, 2011; to The following reports of committees ting, pursuant to law, the report of a rule en- the Committee on Finance. were submitted: titled ‘‘Presumption of Development Exclu- EC–3264. A communication from the Chief By Mr. INOUYE, from the Committee on sively at Private Expense’’ ((RIN0750–AF84) of the Publications and Regulations Branch, Appropriations, with an amendment in the (DFARS Case 2007–D003)) received in the Of- Internal Revenue Service, Department of the nature of a substitute:

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H.R. 2219. A bill making appropriations for combining the categories of ‘‘cellulosic By Mr. ENZI (for himself, Mr. BAR- the Department of Defense for the fiscal year biofuel’’ and ‘‘advance biofuel’’ into 1 RASSO, Mr. MCCONNELL, Mr. REID, Mr. ending September 30, 2012, and for other pur- technology- and feedstock-neutral category AKAKA, Mr. ALEXANDER, Ms. AYOTTE, poses (Rept. No. 112–77). of ‘‘advanced biofuel’’, and for other pur- Mr. BAUCUS, Mr. BEGICH, Mr. BENNET, By Ms. MIKULSKI, from the Committee on poses; to the Committee on Environment and Mr. BINGAMAN, Mr. BLUMENTHAL, Mr. Appropriations, without amendment: Public Works. BLUNT, Mr. BOOZMAN, Mrs. BOXER, S. 1572. An original bill making appropria- By Mr. CASEY: Mr. BROWN of Massachusetts, Mr. tions for Departments of Commerce and Jus- S. 1565. A bill to establish the National BROWN of Ohio, Mr. BURR, Ms. CANT- tice, and Science, and Related Agencies for Competition for Community Renewal to en- WELL, Mr. CARDIN, Mr. CARPER, Mr. the fiscal year ending September 30, 2012, and courage communities to adopt innovative CASEY, Mr. CHAMBLISS, Mr. COATS, for other purposes (Rept. No. 112–78). strategies and design principles to programs Mr. COBURN, Mr. COCHRAN, Ms. COL- By Mr. DURBIN, from the Committee on related to poverty prevention, recovery and LINS, Mr. CONRAD, Mr. COONS, Mr. Appropriations, without amendment: response, and for other purposes; to the Com- CORKER, Mr. CORNYN, Mr. CRAPO, Mr. S. 1573. An original bill making appropria- mittee on Finance. DEMINT, Mr. DURBIN, Mrs. FEINSTEIN, tions for financial services and general gov- By Mr. KIRK (for himself, Mr. ALEX- Mr. FRANKEN, Mrs. GILLIBRAND, Mr. ernment for the fiscal year ending Sep- ANDER, Mr. BURR, Mr. ISAKSON, Mr. GRAHAM, Mr. GRASSLEY, Mrs. HAGAN, tember 30, 2010, and for other purposes (Rept. MCCAIN, Mr. ROBERTS, Mr. RUBIO, and Mr. HARKIN, Mr. HATCH, Mr. HELLER, No. 112–79). Mr. WICKER): Mr. HOEVEN, Mrs. HUTCHISON, Mr. By Mr. NELSON of Nebraska, from the S. 1566. A bill to amend the Elementary INHOFE, Mr. INOUYE, Mr. ISAKSON, Mr. Committee on Appropriations, with an and Secondary Education Act of 1965 regard- JOHANNS, Mr. JOHNSON of Wisconsin, amendment in the nature of a substitute: ing public charter schools; to the Committee Mr. JOHNSON of South Dakota, Mr. H.R. 2551. A bill making appropriations for on Health, Education, Labor, and Pensions. KERRY, Mr. KIRK, Ms. KLOBUCHAR, the Legislative Branch for the fiscal year By Mr. ALEXANDER (for himself, Mr. Mr. KOHL, Mr. KYL, Ms. LANDRIEU, ending September 30, 2012, and for other pur- ISAKSON, Mr. KIRK, Mr. ROBERTS, and Mr. LAUTENBERG, Mr. LEAHY, Mr. poses (Rept. No. 112–80). Mr. WICKER): LEE, Mr. LEVIN, Mr. LIEBERMAN, Mr. S. 1567. A bill to amend title II of the Ele- LUGAR, Mr. MANCHIN, Mr. MCCAIN, f mentary and Secondary Education Act of Mrs. MCCASKILL, Mr. MENENDEZ, Mr. EXECUTIVE REPORTS OF 1965, and for other purposes; to the Com- MERKLEY, Ms. MIKULSKI, Mr. MORAN, COMMITTEE mittee on Health, Education, Labor, and Ms. MURKOWSKI, Mrs. MURRAY, Mr. Pensions. NELSON of Nebraska, Mr. NELSON of The following executive reports of By Mr. ALEXANDER (for himself, Mr. Florida, Mr. PAUL, Mr. PORTMAN, Mr. nominations were submitted: BURR, Mr. RUBIO, Mr. GRASSLEY, Mr. PRYOR, Mr. REED, Mr. RISCH, Mr. By Mr. LEAHY for the Committee on the ROBERTS, Mr. WICKER, and Mr. COR- ROBERTS, Mr. ROCKEFELLER, Mr. Judiciary. NYN): RUBIO, Mr. SANDERS, Mr. SCHUMER, Edgardo Ramos, of Connecticut, to be S. 1568. A bill to amend section 9401 of the Mr. SESSIONS, Mrs. SHAHEEN, Mr. United States District Judge for the South- Elementary and Secondary Education Act of SHELBY, Ms. SNOWE, Ms. STABENOW, ern District of New York. 1965 with regard to waivers of statutory and Mr. TESTER, Mr. THUNE, Mr. TOOMEY, Andrew L. Carter, Jr., of New York, to be regulatory requirements; to the Committee Mr. UDALL of Colorado, Mr. UDALL of United States District Judge for the South- on Health, Education, Labor, and Pensions. New Mexico, Mr. VITTER, Mr. WAR- ern District of New York. By Mr. BURR (for himself, Mr. ALEX- NER, Mr. WEBB, Mr. WHITEHOUSE, Mr. James Rodney Gilstrap, of Texas, to be ANDER, Mr. ISAKSON, Mr. ROBERTS, WICKER, and Mr. WYDEN): S. Res. 268. A resolution relative to the United States District Judge for the Eastern Mr. RUBIO, and Mr. WICKER): death of the Honorable Malcolm Wallop, District of Texas. S. 1569. A bill to amend the Elementary former Senator for the State of Wyoming; Jesse M. Furman, of New York, to be and Secondary Education Act of 1965 to pro- vide State educational agencies and local considered and agreed to. United States District Judge for the South- By Mr. GRAHAM (for himself, Mrs. ern District of New York. educational agencies with flexible Federal education funding that will allow such State HAGAN, Mr. ALEXANDER, Mr. BURR, (Nominations without an asterisk and local educational agencies to fund lo- Mr. BROWN of Ohio, Mr. CARDIN, Mr. were reported with the recommenda- cally determined programs and initiatives CHAMBLISS, Mr. COBURN, Mr. COCH- tion that they be confirmed.) that meet the varied and unique needs of in- RAN, Mr. COONS, Mr. CORNYN, Mr. dividual States and localities; to the Com- DEMINT, Mr. DURBIN, Mrs. f mittee on Health, Education, Labor, and HUTCHISON, Mrs. MCCASKILL, Ms. INTRODUCTION OF BILLS AND Pensions. LANDRIEU, Ms. MIKULSKI, Mr. NELSON JOINT RESOLUTIONS By Mr. MCCAIN: of Florida, Mr. CARPER, and Mr. S. 1570. A bill to provide for high-quality LEVIN): The following bills and joint resolu- academic tutoring for low-income students, S. Res. 269. A resolution designating the tions were introduced, read the first and for other purposes; to the Committee on week beginning September 19, 2011, as ‘‘Na- and second times by unanimous con- Health, Education, Labor, and Pensions. tional Historically Black Colleges and Uni- versities Week’’; considered and agreed to. sent, and referred as indicated: By Mr. ISAKSON (for himself, Mr. ALEXANDER, Mr. KIRK, Mr. RUBIO, Mr. By Mr. NELSON of Nebraska (for him- By Ms. STABENOW (for herself, Mr. ROBERTS, and Mr. WICKER): self, Mr. CHAMBLISS, Mr. NELSON of THUNE, Mr. BROWN of Ohio, Mr. BEN- S. 1571. A bill to amend title I of the Ele- Florida, and Mr. ISAKSON): NET, Mr. WYDEN, Mr. COONS, Mr. mentary and Secondary Education Act of S. Res. 270. A resolution supporting the BLUNT, Mr. COCHRAN, and Mr. 1965, and for other purposes; to the Com- goals and ideals of ‘‘National Life Insurance INHOFE): mittee on Health, Education, Labor, and Awareness Month’’; to the Committee on S. 1561. A bill to amend the Internal Rev- Pensions. Banking, Housing, and Urban Affairs. enue Code of 1986 to provide for the deduct- By Ms. MIKULSKI: f ibility of charitable contributions to agricul- S. 1572. An original bill making appropria- ADDITIONAL COSPONSORS tural research organizations, and for other tions for Departments of Commerce and Jus- purposes; to the Committee on Finance. tice, and Science, and Related Agencies for S. 228 By Mr. LUGAR (for himself and Ms. the fiscal year ending September 30, 2012, and At the request of Mr. JOHNSON of Wis- COLLINS): for other purposes; from the Committee on consin, his name was added as a co- S. 1562. A bill to amend section 1502 of title Appropriations; placed on the calendar. sponsor of S. 228, a bill to preempt reg- 5, United States Code, to permit law enforce- By Mr. DURBIN: ment officers to be candidates for sheriff, ulation of, action relating to, or con- S. 1573. An original bill making appropria- sideration of greenhouse gases under and for other purposes; to the Committee on tions for financial services and general gov- Homeland Security and Governmental Af- ernment for the fiscal year ending Sep- Federal and common law on enactment fairs. tember 30, 2010, and for other purposes; from of a Federal policy to mitigate climate By Ms. SNOWE (for herself and Mr. the Committee on Appropriations; placed on change. BROWN of Massachusetts): the calendar. S. 366 S. 1563. A bill to require the President’s f At the request of Mrs. GILLIBRAND, budget to include, at a minimum, a request the name of the Senator from Rhode Is- for disaster funding based on to the 10 year SUBMISSION OF CONCURRENT AND land (Mr. WHITEHOUSE) was added as a average; to the Committee on the Budget. SENATE RESOLUTIONS By Mr. UDALL of New Mexico (for cosponsor of S. 366, a bill to require dis- himself and Mr. CRAPO): The following concurrent resolutions closure to the Securities and Exchange S. 1564. A bill to amend the Clean Air Act and Senate resolutions were read, and Commission of certain sanctionable ac- to improve the renewable fuel program by referred (or acted upon), as indicated: tivities, and for other purposes.

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S. 384 S. 742 S. 1214 At the request of Mrs. FEINSTEIN, the At the request of Mr. BROWN of Ohio, At the request of Mrs. GILLIBRAND, name of the Senator from Pennsyl- the name of the Senator from Montana the name of the Senator from Alaska vania (Mr. CASEY) was added as a co- (Mr. TESTER) was added as a cosponsor (Mr. BEGICH) was added as a cosponsor sponsor of S. 384, a bill to amend title of S. 742, a bill to amend chapters 83 of S. 1214, a bill to amend title 10, 39, United States Code, to extend the and 84 of title 5, United States Code, to United States Code, regarding restric- authority of the United States Postal set the age at which Members of Con- tions on the use of Department of De- Service to issue a semipostal to raise gress are eligible for an annuity to the fense funds and facilities for abortions. funds for breast cancer research. same age as the retirement age under S. 1280 S. 412 the Social Security Act. At the request of Mr. ISAKSON, the S. 821 name of the Senator from Colorado At the request of Mr. LEVIN, the name of the Senator from Florida (Mr. At the request of Mr. LEAHY, the (Mr. BENNET) was added as a cosponsor of S. 1280, a bill to amend the Peace NELSON) was added as a cosponsor of S. name of the Senator from Washington 412, a bill to ensure that amounts cred- (Ms. CANTWELL) was added as a cospon- Corps Act to require sexual assault ited to the Harbor Maintenance Trust sor of S. 821, a bill to amend the Immi- risk-reduction and response training, and the development of sexual assault Fund are used for harbor maintenance. gration and Nationality Act to elimi- nate discrimination in the immigra- protocol and guidelines, the establish- S. 434 tion laws by permitting permanent ment of victims advocates, the estab- At the request of Mr. COCHRAN, the partners of United States citizens and lishment of a Sexual Assault Advisory name of the Senator from Virginia (Mr. lawful permanent residents to obtain Council, and for other purposes. ARNER W ) was added as a cosponsor of S. lawful permanent resident status in S. 1301 434, a bill to improve and expand geo- the same manner as spouses of citizens At the request of Mr. LEAHY, the graphic literacy among kindergarten and lawful permanent residents and to names of the Senator from Ohio (Mr. through grade 12 students in the United penalize immigration fraud in connec- BROWN) and the Senator from North States by improving professional devel- tion with permanent partnerships. Carolina (Mr. BURR) were added as co- opment programs for kindergarten S. 1002 sponsors of S. 1301, a bill to authorize through grade 12 teachers offered At the request of Mr. SCHUMER, the appropriations for fiscal years 2012 to through institutions of higher edu- name of the Senator from Massachu- 2015 for the Trafficking Victims Pro- cation. setts (Mr. BROWN) was added as a co- tection Act of 2000, to enhance meas- S. 484 sponsor of S. 1002, a bill to prohibit ures to combat trafficking in person, At the request of Mr. BENNET, the theft of medical products, and for other and for other purposes. name of the Senator from Hawaii (Mr. purposes. S. 1335 AKAKA) was added as a cosponsor of S. S. 1025 At the request of Mr. INHOFE, the 484, a bill to direct the Secretary of At the request of Mr. LEAHY, the name of the Senator from Alabama Education to pay to Fort Lewis College name of the Senator from Wyoming (Mr. SESSIONS) was added as a cospon- in the State of Colorado an amount (Mr. ENZI) was added as a cosponsor of sor of S. 1335, a bill to amend title 49, equal to the tuition charges for Indian S. 1025, a bill to amend title 10, United United States Code, to provide rights students who are not residents of the States Code, to enhance the national for pilots, and for other purposes. State of Colorado. defense through empowerment of the S. 1366 S. 497 National Guard, enhancement of the At the request of Ms. CANTWELL, the At the request of Ms. MIKULSKI, the functions of the National Guard Bu- name of the Senator from Idaho (Mr. name of the Senator from Alaska (Mr. reau, and improvement of Federal- RISCH) was added as a cosponsor of S. BEGICH) was added as a cosponsor of S. State military coordination in domes- 1366, a bill to amend the Internal Rev- 497, a bill to amend the Immigration tic emergency response, and for other enue Code of 1986 to broaden the special and Nationality Act to modify the re- purposes. rules for certain governmental plans quirements of the visa waiver program S. 1039 under section 105(j) to include plans es- and for other purposes. At the request of Mr. CARDIN, the tablished by political subdivisions. S. 1369 S. 506 name of the Senator from Idaho (Mr. RISCH) was added as a cosponsor of S. At the request of Mr. CRAPO, the At the request of Mr. CASEY, the 1039, a bill to impose sanctions on per- name of the Senator from Mississippi name of the Senator from Hawaii (Mr. sons responsible for the detention, (Mr. WICKER) was added as a cosponsor AKAKA) was added as a cosponsor of S. abuse, or death of Sergei Magnitsky, of S. 1369, a bill to amend the Federal 506, a bill to amend the Elementary for the conspiracy to defraud the Rus- Water Pollution Control Act to exempt and Secondary Education Act of 1965 to sian Federation of taxes on corporate the conduct of silvicultural activities address and take action to prevent bul- profits through fraudulent transactions from national pollutant discharge lying and harassment of students. and lawsuits against Hermitage, and elimination system permitting require- S. 641 for other gross violations of human ments. At the request of Mr. DURBIN, the rights in the Russian Federation, and S. 1392 name of the Senator from New Jersey for other purposes. At the request of Ms. COLLINS, the (Mr. MENENDEZ) was added as a cospon- S. 1094 name of the Senator from North Caro- sor of S. 641, a bill to provide 100,000,000 At the request of Mr. MENENDEZ, the lina (Mrs. HAGAN) was added as a co- people with first-time access to safe name of the Senator from Kansas (Mr. sponsor of S. 1392, a bill to provide ad- drinking water and sanitation on a sus- MORAN) was added as a cosponsor of S. ditional time for the Administrator of tainable basis within six years by im- 1094, a bill to reauthorize the Com- the Environmental Protection Agency proving the capacity of the United bating Autism Act of 2006 (Public Law to issue achievable standards for indus- States Government to fully implement 109–416). trial, commercial, and institutional the Senator Paul Simon Water for the S. 1151 boilers, process heaters, and inciner- Poor Act of 2005. At the request of Mr. LEAHY, the ators, and for other purposes. S. 693 name of the Senator from Connecticut S. 1399 At the request of Mr. JOHNSON of Wis- (Mr. BLUMENTHAL) was added as a co- At the request of Mr. FRANKEN, the consin, his name was added as a co- sponsor of S. 1151, a bill to prevent and name of the Senator from Colorado sponsor of S. 693, a bill to establish a mitigate identity theft, to ensure pri- (Mr. UDALL) was added as a cosponsor term certain for the conservatorships vacy, to provide notice of security of S. 1399, a bill to protect children af- of Fannie Mae and Freddie Mac, to pro- breaches, and to enhance criminal pen- fected by immigration enforcement ac- vide conditions for continued operation alties, law enforcement assistance, and tions, and for other purposes. of such enterprises, and to provide for other protections against security S. 1472 the wind down of such operations and breaches, fraudulent access, and misuse At the request of Mrs. GILLIBRAND, dissolution of such enterprises. of personally identifiable information. the name of the Senator from Indiana

VerDate Mar 15 2010 04:15 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.037 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5686 CONGRESSIONAL RECORD — SENATE September 15, 2011 (Mr. COATS) was added as a cosponsor (Ms. KLOBUCHAR) was added as a co- sultants, and research personnel who of S. 1472, a bill to impose sanctions on sponsor of S. 1558, a bill to amend the are actively researching better agri- persons making certain investments Internal Revenue Code of 1986 to apply culture products and practices. Be- that directly and significantly con- payroll taxes to remuneration and tween 2009 and 2010, the foundation tribute to the enhancement of the abil- earnings from self-employment up to spent nearly $80 million on agriculture ity of Syria to develop its petroleum the contribution and benefit base and research activities, and this work has resources, and for other purposes. to remuneration in excess of $250,000. recently resulted in development of S. 1514 S. RES. 232 Texoma MaxQ II, a cool-weather fescue At the request of Mr. TESTER, the At the request of Mr. MENENDEZ, the grass that will reduce the reliance of names of the Senator from Nevada (Mr. name of the Senator from Colorado livestock producers upon costly hay REID), the Senator from Oregon (Mr. (Mr. UDALL) was added as a cosponsor and feed for their livestock during the MERKLEY), the Senator from New York of S. Res. 232, a resolution recognizing winter months. I congratulate the (Mr. SCHUMER) and the Senator from the continued persecution of Falun Noble Foundation on this break- Delaware (Mr. COONS) were added as co- Gong practitioners in China on the 12th through and look forward to hearing sponsors of S. 1514, a bill to authorize anniversary of the campaign by the about the future benefits of this re- the President to award a gold medal on Chinese Communist Party to suppress search. behalf of the Congress to Elouise the Falun Gong movement, recognizing The Food and Agriculture Organiza- Pepion Cobell, in recognition of her the Tuidang movement whereby Chi- tion has estimated that food produc- outstanding and enduring contribu- nese citizens renounce their ties to the tivity will need to expand by 70 percent tions to American Indians, Alaska Na- Chinese Communist Party and its af- over the next 40 years to meet rising tives, and the Nation through her tire- filiates, and calling for an immediate global demand. This underscores the less pursuit of justice. end to the campaign to persecute need for continued funding for agri- culture research and development so S. 1523 Falun Gong practitioners. f that more breakthroughs like those at At the request of Mr. GRAHAM, the the Noble Foundation occur. Today, a names of the Senator from Georgia STATEMENTS ON INTRODUCED substantial amount of agriculture re- (Mr. CHAMBLISS), the Senator from Mis- BILLS AND JOINT RESOLUTIONS search funding is provided by the Fed- sissippi (Mr. COCHRAN), the Senator By Ms. STABENOW (for herself, eral Government; however, the govern- from Texas (Mrs. HUTCHISON), the Sen- Mr. THUNE, Mr. BROWN of Ohio, ment’s share is declining. Since fiscal ator from Wisconsin (Mr. JOHNSON), the Mr. BENNET, Mr. WYDEN, Mr. year 2010, Federal funding for agri- Senator from Florida (Mr. RUBIO) and COONS, Mr. BLUNT, Mr. COCH- culture research has decreased by near- the Senator from Kentucky (Mr. PAUL) RAN, and Mr. INHOFE): ly $200 million, and further cuts are were added as cosponsors of S. 1523, a S. 1561. A bill to amend the Internal likely as we try to tackle the national bill to prohibit the National Labor Re- Revenue Code of 1986 to provide for the debt. Because government is scaling lations Board from ordering any em- deductibility of charitable contribu- down its role, Congress should do what ployers to close, relocate, or transfer tions to agricultural research organiza- it can to encourage the private sector employment under any circumstance. tions, and for other purposes; to the to fill the gap. S. 1528 Committee on Finance. One way that we can do this is with At the request of Mr. JOHANNS, the Mr. INHOFE. Mr. President, Agri- the Charitable Agriculture Research name of the Senator from Mississippi culture is one of the key forces driving Act, of which I am a cosponsor. This (Mr. COCHRAN) was added as a cospon- Oklahoma’s economy. In 2008 alone, bill, introduced today by Senators STA- sor of S. 1528, a bill to amend the Clean Oklahoma’s agriculture industry di- BENOW and THUNE, will allow the cre- Air Act to limit Federal regulation of rectly supported 188,000 jobs and con- ation of Agricultural Research Organi- nuisance dust in areas in which that tributed more than $8.5 billion to the zation, ARO, which would extend pub- dust is regulated under State, tribal, or States’s economy. The importance of lic charity tax status to entities con- local law, to establish a temporary pro- agriculture to the Nation’s economy is ducting continuous agriculture R&D in hibition against revising any national also difficult to understate, and the in- collaboration with land-grant univer- ambient air quality standard applica- dustry’s products rank among the top sities and agriculture colleges. ble to coarse particulate matter, and exports each year. This year, USDA es- Currently, several organizations con- for other purposes. timates that U.S. farmers and live- ducting research focused on agriculture S. 1538 stock producers will export nearly $140 are structured as private foundations. At the request of Ms. COLLINS, the billion in goods to nearly every coun- This is one of the two main types of name of the Senator from Mississippi try on Earth. charities that are provided with bene- (Mr. WICKER) was added as a cosponsor Knowing that strength, it is not sur- ficial tax treatment under U.S. law. of S. 1538, a bill to provide for a time- prising that the industry is a hotbed of Public charities—the other type—are out on certain regulations, and for innovation. The agriculture commu- given full tax exempt status, but be- other purposes. nity has long been involved in the re- cause private foundations are often search and development of better crops very large and supported by a small S. 1540 and farming methods. This work has group of donors, they are not com- At the request of Mr. CASEY, the produced crops that are resistant to pletely tax free and must pay taxes on name of the Senator from Alaska (Mr. drought and certain farming chemicals, the investment income earned by their BEGICH) was added as a cosponsor of S. are packed with more and better nutri- endowments. Donors are also prevented 1540, a bill to amend the Internal Rev- ents, and ultimately provide higher from collecting their full deduction on enue Code of 1986 to allow credits for yields for every acre farmed. This re- gifts relative to those made to public the purchase of franchises by veterans. search will only grow in importance as charities. Because of these restrictions, S. 1552 the global population continues to the United States is not reaching its At the request of Mr. CRAPO, the grow and demand more food. Fortu- full potential when it comes to attract- name of the Senator from Wyoming nately, the United States is leading the ing private dollars for agriculture re- (Mr. ENZI) was added as a cosponsor of world in this effort. search. S. 1552, a bill to amend the Endangered Oklahoma is also a key agriculture The Charitable Agriculture Research Species Act of 1973 to provide an excep- R&D player in the United States. This Act seeks to encourage individuals and tion to that Act for actions carried out is in large part due to the work of the families of wealth to contribute more against grizzly bears in self-defense, Samuel R. Noble Foundation. of their assets to public agricultural defense of others, or a reasonable belief Headquartered in Ardmore, OK, the research by working in conjunction of imminent danger. Noble Foundation is one of the top 50 with the Nation’s land-grant univer- S. 1558 private foundations in the United sities and non land-grant colleges of At the request of Mr. SANDERS, the States, and the foundation employs agriculture. This legislation will pro- name of the Senator from Minnesota hundreds of scientists, agriculture con- vide donors with an additional option

VerDate Mar 15 2010 05:13 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.038 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5687 of where to direct their agriculture re- By Ms. SNOWE (for herself and spending. By basing the President’s search and development donations. Mr. BROWN of Massachusetts): budget request for disaster funding on This beneficial tax treatment does S. 1563. A bill to require the Presi- a ten-year average, and excluding the not come without restrictions. To dent’s budget to include, at a min- highs and the lows, we are assuring maintain its tax exempt status, an imum, a request for disaster funding that funds are neither overextended ARO must conduct research and devel- based on the 10 year average; to the nor falsely underestimated. In these opment on agriculture issues in con- Committee on the Budget. hard economic times, Congress must junction with a land-grant university Ms. SNOWE. Mr. President, I rise promote fiscal responsibility while en- or an agriculture college. An ARO today in support of the Safeguarding suring that those areas struck by disas- must either commit more than 50 per- Disaster Funding Act of 2011, which I ters are able to access the funds needed cent of its assets to the continuous ac- am introducing along with Senator to quickly rebuild. tive conduct of agriculture research or BROWN from Massachusetts. This legis- I hope that my fellow colleagues will it must expend at least 3.5 percent of lation would amend the Congressional support this bill. In the wake of recent its endowment for the same in each Budget Act and the Budget Control Act disasters it is readily apparent that we calendar year. These restrictions are to require the President to provide a must plan better for these events. put in place to ensure that the ARO more comprehensive view of disaster structure is not being abused as a tax funding in his annual budget request. By Mr. CASEY: shelter for the accumulated personal Our bill would ensure that the true S. 1565. A bill to establish the Na- wealth of an ARO’s benefactors. cost of disaster assistance is reflected tional Competition for Community Re- Over the past decade many families in the President’s budget, by requiring newal to encourage communities to with a passion for agricultural research that Presidents’ annual budget re- adopt innovative strategies and design have expressed their desire to do for quests for disaster programs include principles to programs related to pov- their geographies and their crops of in- funding levels equal to the average erty prevention, recovery and response, terest what the Noble Foundation has amount provided annually over the and for other purposes; to the Com- done for Oklahoma, forages, and beef previous ten years, excluding the high- mittee on Finance. cattle operations. However, the tax est and lowest years, to account for Mr. CASEY. Mr. President, today code is not conducive to such efforts years with unusually high or low dis- over 15 percent of Americans live in and discourages them from maximizing aster activity. poverty including 22 percent of our their contributions to agricultural re- As disaster funding is already consid- children. 46.2 million Americans and search. ered ‘‘no-year’’ money, unused monies 16.4 million children struggle every day The ARO tax structure is modeled would carry over to support years to survive in a system that is demor- after the extremely successful Medical where additional funds are required. alizing and unfortunately does more to Research Organization model. Similar The status quo of Congress providing maintain people who live in poverty to AROs, these charities must do their emergency appropriations to support than to help them escape. Last year, medical research in conjunction with a these efforts, rather than including 2.6 million Americans were added to non-profit or government hospital. The the poverty rolls and 8.9 million have Howard Hughes Medical Institute and reasonable estimates, based on past been added since 2007. the Stowers Institute for Medical Re- disaster activity trends, is fiscally irre- This must change. That is why I am search are prime examples of MROs. sponsible. We should be working with today reintroducing the National Op- The MRO structure has made these or- the Administration to fund the nec- portunity and Community Renewal ganizations more effective and produc- essary and appropriate activities of the Act. This legislation puts forth some tive, and I expect no less from the ARO Federal government, including disaster new ideas and will grant waivers to ten tax structure. assistance. Responsible budgeting for This bill will directly benefit Okla- disasters is the right thing to do for communities so they can test different homa by building on its legacy as a the victims of devastation, as the vivid approaches to combatting poverty. I leader in agriculture R&D. As better images of the damage from Hurricane am not saying this is the only path for- agricultural methods and crop yields Irene have reminded us. ward or the most suitable path for- are produced in Oklahoma, the State Hurricane Irene caused more than 4.5 ward. But we must begin somewhere will continue to serve as a global lead- million homes and businesses along the and we must take a comprehensive ap- er in agriculture. Oklahoma is home to East Coast to lose power, including proach. As Robert Kennedy once said 86,000 farms that occupy 80 percent of nearly 185,000 in my home State of when talking about tackling the pov- the State’s land area. The State has Maine, which suffered flooding and erty problem in our country, we must the land, the natural resources, and the washed out bridges in the Western por- ‘‘grab the web whole.’’ Piecemeal ap- facilities necessary to enhance agricul- tion of the state. But now that the proaches won’t work. tural research. The creation of AROs winds and rain have subsided, our cit- I know there are other Senators and will help attract the necessary private ies and towns must rebuild from the Congressmen along with policy profes- capital to build on this success and devastation. sionals and academics who share my boost research at our Nation’s land- With the Federal Emergency Man- concern and commitment to reducing grant universities and non land-grant agement Agency’s funding currently poverty. I invite people to review this colleges of agriculture. running unnecessarily low, they now proposal. Let me know what you think AROs will not be provided with a new must work on an ‘‘immediate needs and if you have other ideas to bring tax incentive or a benefit greater than funding’’ basis, meaning that non- them to the table. It is long past time existing charitable organizations. They emergency recovery projects are put on to reinstill our national commitment will, however, offer individuals an addi- hold. Support of natural disaster recov- to the least fortunate. tional choice of where to send their ery should not be stalled by the need We must also acknowledge that there charitable dollars. When individuals for Emergency Supplemental Appro- is not one answer to helping people out donate to AROs they will have cer- priations. While we cannot completely of poverty. That is why this legislation tainty that their money will con- predict the number or nature of nat- is important. It will allow commu- tribute directly to agriculture research ural disasters, we do know that these nities to pursue innovative approaches rather than to other causes, which are events occur and cause massive dam- to problems arising from poverty and guarantees not provided by most other age. Policymakers cannot continue to avoids a ‘‘one size fits all’’ method. charitable organizations. As we face play with the livelihoods of recovering This legislation also targets individ- deeper budget cuts on everything from Americans; assurances must be made uals and mandates the creation of an education to agriculture research, we that their recovery is facilitated individual opportunity plan for every need to take the steps to encourage the through current Federal disaster recov- household. It also helps address the private sector to step into the void left ery programs. root causes of poverty by giving local by Washington. AROs will help do this The Safeguarding Disaster Funding communities to design programs that in the agriculture R&D community, so Act of 2011 will ensure that the Presi- fit their community and they would I urge its swift passage. dent properly accounts for disaster not be restricted by the current law.

VerDate Mar 15 2010 05:13 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.044 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5688 CONGRESSIONAL RECORD — SENATE September 15, 2011 These pilots will help us test new ideas crats. Education is about our children. strict oversight of tutoring service pro- and understand how new approaches If they aren’t getting what they need viders, from certification to evalua- can help lift people out of poverty. in the classroom, we need to work with tion, in order to ensure that parents In closing, I should note it has been schools to help them improve. At the can rely upon qualified tutoring service almost fifty years since Michael Har- same time, we must provide students providers to help their children. rington published The Other America in struggling schools with the help I do not favor more Federal control and opened Americans eyes to the per- they need to ensure they receive a over education. That is why the Tutor- nicious impact of poverty. While there quality education. ing for Students Act is not a Federal have been improvements made in the The foundation for success in edu- mandate. Rather, it is a guarantee that ensuing years we still have a long way cation is setting high expectations for parents will have the right to stand up to go. Let us begin anew today. our schools and holding them account- for their children and give them the op- able to develop our most precious re- portunity for a better education and a By Mr. MCCAIN: source—our children. Every child, no better life. Empowering parents with S. 1570. A bill to provide for high- matter what their economics, deserves the ability to positively impact their quality academic tutoring for low-in- not only a chance, but has an absolute child’s education is not a mandate. It come students, and for other purposes; right, to a good education. If students is common sense. Freedom is not a to the Committee on Health, Edu- can’t get what they deserve in the Federal mandate. It is an individual cation, Labor, and Pensions. classroom, then we must empower par- right. The best use of Federal dollars in Mr. MCCAIN. Mr. President, when ents with educational support tools education is to make them more acces- poor children in low performing schools and the ability to make meaningful sible to parents, empowering them to need help, what options are available choices about what is best for their look out for the needs of their children. to their parents to give them a chance children. High quality tutoring is a common- to improve their learning achieve- When Congress passed No Child Left sense, academic lifeline. ment? Sadly, very few options exist to Behind, embedded in that landmark In my home State of Arizona, organi- give children in low performing schools legislation were certain programs spe- zations like the Education Break- a chance. cifically designed to recognize the im- through Network to Literacy Volun- I am pleased to introduce legislation portance of parental empowerment and teers of Tucson and the Arizona Chap- that will protect and enhance the right parental participation. Supplemental ter of Campfire USA have voiced their of parents to have final say in their Education Services is a program spe- strong support. Nationwide, organiza- children’s education. In order to create cifically designed to give low-income tions such as the United Farm Workers better outcomes for our nation’s youth, families the ability to access edu- of America, the National Urban we must restore power to parents. We cational support opportunities just like League, the Commonwealth Founda- must ensure that parents have real families with more financial freedom, tion and the John Locke Institute con- choices to raise their child’s achieve- to shop for the best tutoring services tinue to stand up for the rights of par- ment level when schools fail to do so. for their child. ents to have more tools and choices to The Tutoring for Students Act, fur- Thoughtful education reform means help their children achieve. There is thers this critical goal by establishing building upon successes and lessons strong support for this program among a state-level grant program to give learned. We have learned a great deal communities across America, particu- low-income parents the ability to pro- since passage of No Child Left Behind. larly among the parents who so often vide their children high quality aca- That includes our experience in pro- do not have a voice representing their demic tutoring. viding tutoring services to low-income needs and interests here in Wash- Low-income parents should have the children. One of the most important ington. same opportunities to help their chil- lessons we learned is that tutoring I look forward to working with Sen- dren achieve as families with greater works. In March, the U.S. Department ator ENZI, Senator HARKIN, and the rest economic means. of Education released a study stating of my colleagues to secure passage of Tutoring is as much a part of edu- that the tutoring program led to sig- meaningful education reform that in- cation in America as the yellow school nificant gains in math and reading stu- cludes protecting and strengthening bus or the neighborhood school build- dent achievement. Studies by respected the ability of parents to make edu- ing. If your child is struggling aca- organizations like the Rand Corpora- cational choices for their children, demically, and you have the financial tion and school districts like the Chi- choices that include high quality tu- means to do so, you get your child a cago Public schools have come to simi- toring. tutor. Tutoring is time proven and lar conclusions. f common sense. Equally, while there Another important lesson from NCLB are many ideas about how to improve is the cynical lengths to which some SUBMITTED RESOLUTIONS education in America, one thing upon low performing schools districts are which everyone agrees plays a critical willing to go in order to avoid account- role in any child’s education: the ac- ability and deny parents the oppor- SENATE RESOLUTION 268—REL- tive involvement of their parents. tunity to access tutoring services for ATIVE TO THE DEATH OF THE The Tutoring for Students Act en- their children. Far too often these dis- HONORABLE MALCOLM WALLOP, courages the active engagement of par- tricts gamed the enrollment process for FORMER SENATOR FOR THE ents by giving them a say in helping tutoring services, making it difficult, STATE OF WYOMING their child’s education. Parents can if not impossible for parents to exer- Mr. ENZI (for himself, Mr. BARRASSO, drive schools to apply for tutoring cise their right to take advantage of Mr. MCCONNELL, Mr. REID of Nevada, grants. Parents choose to enroll their the SES program and get their children Mr. AKAKA, Mr. ALEXANDER, Ms. children. Parents pick which tutoring the educational support services—tu- AYOTTE, Mr. BAUCUS, Mr. BEGICH, Mr. provider they send their child to. Par- toring—they desperately needed. Simi- BENNET, Mr. BINGAMAN, Mr. ents receive progress updates on their larly, due to poor oversight, there have BLUMENTHAL, Mr. BLUNT, Mr. BOOZMAN, child. been cases where tutors failed to meet Mrs. BOXER, Mr. BROWN of Massachu- For too long in this country the de- their responsibility to provide high setts, Mr. BROWN of Ohio, Mr. BURR, bate about education has been more quality tutoring. Ms. CANTWELL, Mr. CARDIN, Mr. CAR- about the institutions—the institution These problems are addressed in this PER, Mr. CASEY, Mr. CHAMBLISS, Mr. of powerful unions, the institution of legislation by establishing a state-ad- COATS, Mr. COBURN, Mr. COCHRAN, Ms. the school bureaucracies. Make no mis- ministered grant program. Any school COLLINS, Mr. CONRAD, Mr. COONS, Mr. take about it, strong leadership in the can elect to participate, allowing low- CORKER, Mr. CORNYN, Mr. CRAPO, Mr. classroom and in school administration income parents with children attending DEMINT, Mr. DURBIN, Mrs. FEINSTEIN, is important. However, education is participating schools to take advan- Mr. FRANKEN, Mrs. GILLIBRAND, Mr. not about protecting and preserving tage of high quality tutoring services. GRAHAM, Mr. GRASSLEY, Mrs. HAGAN, union contracts and the jobs of bureau- The Tutoring for Students Act requires Mr. HARKIN, Mr. HATCH, Mr. HELLER,

VerDate Mar 15 2010 04:15 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.034 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5689 Mr. HOEVEN, Mrs. HUTCHISON, Mr. SENATE RESOLUTION 269—DESIG- ance and financial planning advice, including INHOFE, Mr. INOUYE, Mr. ISAKSON, Mr. NATING THE WEEK BEGINNING an assessment of their life insurance needs; JOHANNS, Mr. JOHNSON of Wisconsin, SEPTEMBER 19, 2011, AS ‘‘NA- and Whereas numerous groups supporting life Mr. JOHNSON of South Dakota, Mr. TIONAL HISTORICALLY BLACK insurance have designated September 2011 as KERRY, Mr. KIRK, Ms. KLOBUCHAR, Mr. COLLEGES AND UNIVERSITIES ‘‘National Life Insurance Awareness Month’’ KOHL, Mr. KYL, Ms. LANDRIEU, Mr. LAU- WEEK’’ as a means to encourage consumers to be- TENBERG, Mr. LEAHY, Mr. LEE, Mr. Mr. GRAHAM (for himself, Mrs. come more aware of their life insurance LEVIN, Mr. LIEBERMAN, Mr. LUGAR, Mr. HAGAN, Mr. ALEXANDER, Mr. BURR, Mr. needs, seek advice from qualified insurance MANCHIN, Mr. MCCAIN, Mrs. MCCASKILL, BROWN of Ohio, Mr. CARDIN, Mr. CHAM- professionals, and take the actions necessary to achieve financial security for their loved Mr. MENENDEZ, Mr. MERKLEY, Ms. MI- BLISS, Mr. COBURN, Mr. COCHRAN, Mr. KULSKI, Mr. MORAN, Ms. MURKOWSKI, ones: Now, therefore, be it COONS, Mr. CORNYN, Mr. DEMINT, Mr. Resolved, That the Senate— Mrs. MURRAY, Mr. NELSON of Nebraska, DURBIN, Mrs. HUTCHISON, Mrs. MCCAS- (1) supports the goals and ideals of ‘‘Na- Mr. NELSON of Florida, Mr. PAUL, Mr. KILL, Ms. LANDRIEU, Ms. MIKULSKI, Mr. tional Life Insurance Awareness Month’’; PORTMAN, Mr. PRYOR, Mr. REED of NELSON of Florida, Mr. CARPER, and and Rhode Island, Mr. RISCH, Mr. ROBERTS, Mr. LEVIN) submitted the following res- (2) calls on the Federal Government, Mr. ROCKEFELLER, Mr. RUBIO, Mr. olution; which was considered and States, localities, schools, nonprofit organi- SANDERS, Mr. SCHUMER, Mr. SESSIONS, agreed to: zations, businesses, and the people of the United States to observe the month with ap- Mrs. SHAHEEN, Mr. SHELBY, Ms. SNOWE, S. RES. 269 propriate programs and activities. Ms. STABENOW, Mr. TESTER, Mr. THUNE, Whereas there are 105 historically Black Mr. TOOMEY, Mr. UDALL of Colorado, colleges and universities in the United f Mr. UDALL of New Mexico, Mr. VITTER, States; AMENDMENTS SUBMITTED AND Mr. WARNER, Mr. WEBB, Mr. WHITE- Whereas historically Black colleges and PROPOSED HOUSE, Mr. WICKER, and Mr. WYDEN) universities provide the quality education essential to full participation in a complex, SA 610. Mr. COBURN submitted an amend- submitted the following resolution; ment intended to be proposed to amendment which was considered and agreed to: highly technological society; Whereas historically Black colleges and SA 602 proposed by Mr. REID to the joint res- S. RES. 268 universities have a rich heritage and have olution H.J. Res. 66, approving the renewal of import restrictions contained in the Bur- Whereas Malcolm Wallop served in the Wy- played a prominent role in the history of the mese Freedom and Democracy Act of 2003. oming House of Representatives from 1969 to United States; SA 611. Mr. COBURN submitted an amend- 1972, and in the Wyoming Senate from 1973 to Whereas historically Black colleges and ment intended to be proposed to amendment 1976; universities allow talented and diverse stu- SA 602 proposed by Mr. REID to the joint res- Whereas Malcolm Wallop represented the dents, many of whom represent underserved olution H.J. Res. 66, supra; which was or- people of the State of Wyoming in the United populations, to attain their full potential dered to lie on the table. States Senate with distinction for 18 years, through higher education; and Whereas the achievements and goals of his- SA 612. Mr. COBURN submitted an amend- from 1977 to 1995; ment intended to be proposed to amendment Whereas, while serving in the Senate, Mal- torically Black colleges and universities are SA 602 proposed by Mr. REID to the joint res- colm Wallop championed the development of deserving of national recognition: Now, therefore, be it olution H.J. Res. 66, supra; which was or- space-based anti-missile defense, supported dered to lie on the table. legislation to reduce inheritance and gift Resolved, That the Senate— (1) designates the week beginning Sep- SA 613. Mr. PAUL submitted an amend- taxes, fought to restore fish habitats in the ment intended to be proposed to amendment United States, and opposed the control of the tember 19, 2011, as ‘‘National Historically Black Colleges and Universities Week’’; and SA 602 proposed by Mr. REID to the joint res- water resources of the State of Wyoming by olution H.J. Res. 66, supra. the Federal Government; (2) calls on the people of the United States and interested groups to observe the week SA 614. Mr. NELSON of Nebraska sub- Whereas Malcolm Wallop created the Con- mitted an amendment intended to be pro- gressional Award Program in 1979 as a chal- with appropriate ceremonies, activities, and programs to demonstrate support for histori- posed by him to the joint resolution H.J. lenge to young people throughout the United Res. 66, supra; which was ordered to lie on States to change the world around them cally Black colleges and universities in the United States. the table. through personal initiative, achievement, SA 615. Mr. SANDERS (for himself and Mr. and service; f LEAHY) submitted an amendment intended to Whereas, in 1984, Malcolm Wallop coau- SENATE RESOLUTION 270—SUP- be proposed to amendment SA 602 proposed thored section 1014 of the Tax Reform Act of PORTING THE GOALS AND by Mr. REID to the joint resolution H.J. Res. 1984 (Public Law 98-369; 98 Stat. 1015), com- 66, supra; which was ordered to lie on the monly known as the Wallop-Breaux Amend- IDEALS OF ‘‘NATIONAL LIFE IN- SURANCE AWARENESS MONTH’’ table. ment, which remains today as the leading SA 616. Mr. SANDERS (for himself, Mr. legislative initiative for sport fish restora- Mr. NELSON of Nebraska (for him- LEAHY, and Mr. LAUTENBERG) submitted an tion in the United States; self, Mr. CHAMBLISS, Mr. NELSON of amendment intended to be proposed to Whereas Malcolm Wallop served as chair- Florida, and Mr. ISAKSON) submitted amendment SA 602 proposed by Mr. REID to man of the Select Committee on Ethics, the joint resolution H.J. Res. 66, supra; ranking member of the Committee on En- the following resolution; which was re- ferred to the Committee on Banking, which was ordered to lie on the table. ergy and Natural Resources and the Com- SA 617. Mr. LAUTENBERG (for himself, Housing, and Urban Affairs: mittee on Armed Services, chairman of the Mr. LEAHY, Mr. SANDERS, Mr. MENENDEZ, and Senate Steering Committee, and was the S. RES. 270 Mrs. GILLIBRAND) submitted an amendment first nonlawyer in the history of the Senate Whereas the vast majority of people in the intended to be proposed to amendment SA to serve on the Committee on the Judiciary; United States recognize that life insurance is 602 proposed by Mr. REID to the joint resolu- Whereas, after retiring from the Senate, important to protecting their loved ones; tion H.J. Res. 66, supra; which was ordered to Malcolm Wallop founded the Frontiers of Whereas the life insurance industry pays lie on the table. Freedom Institute to continue addressing approximately $60,000,000,000 to beneficiaries SA 618. Mr. SESSIONS submitted an the issues he championed as a Senator and to each year, providing a tremendous source of amendment intended to be proposed to ensure that the ideals he espoused were not financial relief and security to families that amendment SA 602 proposed by Mr. REID to forgotten; and experience the loss of a loved one; the joint resolution H.J. Res. 66, supra; Whereas the hallmarks of Malcolm Wal- Whereas, as of the date of agreement to which was ordered to lie on the table. lop’s public service were conservatism, civil- this resolution, the unfortunate reality is SA 619. Mr. LEAHY (for himself, Mr. SAND- ity, and working for the western way of life: that approximately 95,000,000 adults in the ERS, Mr. LAUTENBERG, Mrs. GILLIBRAND, and Now, therefore, be it United States have no life insurance, and Mr. CONRAD) submitted an amendment in- Resolved, That— ownership of both individual and employer- tended to be proposed by him to the joint (1) the Senate has heard with profound sor- sponsored life insurance has declined in re- resolution H.J. Res. 66, supra; which was or- row and deep regret the announcement of the cent years; dered to lie on the table. death of the Honorable Malcolm Wallop, Whereas life insurance products protect SA 620. Mr. CONRAD (for himself, Mr. former member of the Senate; and against the uncertainties of life by enabling LEAHY, Mr. LAUTENBERG, Mrs. GILLIBRAND, (2) the Secretary of the Senate commu- individuals and families to manage the fi- Mr. MENENDEZ, Mr. SANDERS, and Mr. nicate this resolution to the House of Rep- nancial risks of premature death, disability, HOEVEN) submitted an amendment intended resentatives and transmit an enrolled copy and long-term care; to be proposed by him to the joint resolution of this resolution to the family of the de- Whereas individuals, families, and busi- H.J. Res. 66, supra; which was ordered to lie ceased. nesses can benefit from professional insur- on the table.

VerDate Mar 15 2010 04:15 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.036 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5690 CONGRESSIONAL RECORD — SENATE September 15, 2011 SA 621. Mr. PAUL proposed an amendment training programs with duplicative and over- ligated funds, $28,000,000,000 in appropriated to the bill H.R. 2887, to provide an extension lapping missions identified in the 2011 Gov- discretionary funds are hereby rescinded. of surface and air transportation programs, ernment Accountability Office reports to (b) IMPLEMENTATION.—The Director of the and for other purposes. Congress, entitled ‘‘Opportunities to Reduce Office of Management and Budget shall de- SA 622. Mr. PAUL proposed an amendment Potential Duplication in Government Pro- termine and identify from which appropria- to the bill H.R. 2887, supra. grams, Save Tax Dollars, and Enhance Rev- tion accounts the rescission under sub- f enue’’ (GAO–11–318SP) and ‘‘Multiple Em- section (a) shall apply and the amount of ployment and Training Programs: Providing such rescission that shall apply to each such TEXT OF AMENDMENTS Information on Consolidating Services and account. Not later than 60 days after the SA 610. Mr. COBURN submitted an Consolidating Administrative Structures date of the enactment of this Act, the Direc- amendment intended to be proposed to Could Promote Efficiencies’’ (GAO–11–92), in- tor of the Office of Management and Budget cluding the Department of Health and shall submit a report to the Secretary of the amendment SA 602 proposed by Mr. Human Services’ Temporary Assistance for Treasury and Congress of the accounts and REID to the joint resolution H.J. Res. Needy Families (TANF) and the Department amounts determined and identified for re- 66, approving the renewal of import re- of Labor’s Employment Service and Work- scission under the preceding sentence. strictions contained in the Burmese force Investment Act (WIA) Adult programs, (c) EXCEPTION.—This section shall not Freedom and Democracy Act of 2003; as and apply the savings towards deficit reduc- apply to the unobligated funds of the Depart- follows: tion; ment of Defense, the Department of Veterans (2) reduce by no less than 10 percent the ex- Affairs, or the Social Security Administra- At the appropriate place, insert the fol- cessive administrative costs of Government tion. lowing: employment and training services identified SEC. ll. CONSOLIDATING UNNECESSARY DUPLI- in the 2011 Government Accountability Of- SA 613. Mr. PAUL submitted an CATIVE AND OVERLAPPING GOV- fice reports to Congress, entitled ‘‘Opportu- ERNMENT PROGRAMS. amendment intended to be proposed to nities to Reduce Potential Duplication in Notwithstanding any other provision of amendment SA 602 proposed by Mr. Government Programs, Save Tax Dollars, law, not later than 150 days after the date of REID to the joint resolution H.J. Res. and Enhance Revenue’’ (GAO–11–318SP) and enactment of this Act, the Director of the 66, approving the renewal of import re- ‘‘Multiple Employment and Training Pro- Office of Management and Budget shall co- grams: Providing Information on Consoli- strictions contained in the Burmese ordinate with the heads of the relevant de- dating Services and Consolidating Adminis- Freedom and Democracy Act of 2003; as partment and agencies to— trative Structures Could Promote Effi- follows: (1) use available administrative authority ciencies’’ (GAO–11–92), including the On page 12, between lines 11 and 12, insert to eliminate, consolidate, or streamline Gov- $160,000,000 spent by the Temporary Assist- the following: ernment programs and agencies with dupli- ance for Needy Families program to admin- cative and overlapping missions identified in TITLE VI ister employment and training services and the March 2011 Government Accountability OFFSET the $56 million spent by the Department of Office report to Congress, entitled ‘‘Opportu- EC Labor to administer the WIA Adult program, S . 601. (a) All unobligated balances made nities to Reduce Potential Duplication in including the approximately $4,000 spent for available to the United States Agency for Government Programs, Save Tax Dollars, each WIA Adult participant who receives International Development for foreign as- and Enhance Revenue’’ (GAO–11–318SP) and training services, and apply the savings to- sistance programs for fiscal year 2011 are re- apply the savings towards deficit reduction; wards deficit reduction; scinded. (2) identify and report to Congress any leg- (b) There is rescinded on a pro rata base (3) eliminate, as part of the consolidation islative changes required to further elimi- from the unobligated balances made avail- described in paragraph (1), Government em- nate, consolidate, or streamline Government able to the Department of State for fiscal ployment and training programs that have programs and agencies with duplicative and 2011 an amount equal to the difference ob- not demonstrated effectiveness in docu- overlapping missions identified in the March tained by subtracting— menting a high rate of participants entering 2011 Government Accountability Office re- (1) the amount rescinded under subsection full-time employment or obtaining other port to Congress, entitled ‘‘Opportunities to (a); from positive job-related outcomes, such as in- Reduce Potential Duplication in Govern- (2) the amount appropriated under this di- creased wage or promotion; ment Programs, Save Tax Dollars, and En- vision. (4) identify and report to Congress any leg- hance Revenue’’ (GAO–11–318SP); islative changes required to further elimi- (3) determine the total cost savings that SA 614. Mr. NELSON of Nebraska nate, consolidate, streamline, and reduce ad- shall result to each agency, office, and de- submitted an amendment intended to ministrative costs of Government employ- partment from the actions described in para- ment and training programs with duplicative be proposed by him to the joint resolu- graph (1); and and overlapping missions identified in the tion H.J. Res. 66, approving the renewal (4) rescind from the appropriate accounts March 2011 Government Accountability Of- of import restrictions contained in the the amount greater of— fice report to Congress, entitled ‘‘Opportuni- Burmese Freedom and Democracy Act (A) $7,000,000,000; or ties to Reduce Potential Duplication in Gov- (B) the total amount of cost savings esti- of 2003; which was ordered to lie on the ernment Programs, Save Tax Dollars, and mated by paragraph (3). table; as follows: Enhance Revenue’’ (GAO–11–318SP); After section 2, insert the following: (5) determine the total cost savings that Mr. COBURN submitted an SEC. 3. EXEMPTION. SA 611. shall result to each department and program The reconstruction process of any road, amendment intended to be proposed to from the actions described in paragraphs (1), highway, or bridge that is in operation or amendmdent SA 602 proposed by Mr. (2), and (3); and under construction when damaged by a nat- REID to the joint resolution H.J. Res. (6) rescind from the appropriate accounts ural disaster, including a flood, and recon- 66, approving the renewal of import re- of the Department of Labor and the Depart- structed in the same location shall be ex- ment of Health and Human Services the strictions contained in the Burmese empt from any environmental review amount greater of— Freedom and Democracy Act of 2003; under— (A) $7,000,000,000; or which was ordered to lie on the table; (1) the National Environmental Policy Act (B) the total amount of cost savings esti- as follows: of 1969 (42 U.S.C. 4321 et seq.); mated under paragraph (5). At the appropriate place, insert the fol- (2) sections 402 and 404 of the Federal lowing: SA 612. Mr. COBURN submitted an Water Pollution Control Act (33 U.S.C. 1342, SEC. lll. CONSOLIDATING UNNECESSARY DU- amendment intended to be proposed to 1344); PLICATIVE, OVERLAPPING, AND IN- amendmdent SA 602 proposed by Mr. (3) the National Historic Preservation Act EFFECTIVE GOVERNMENT PRO- (16 U.S.C. 470 et seq.); EID GRAMS. R to the joint resolution H.J. Res. (4) the Migratory Bird Treaty Act (16 Notwithstanding any other provision of 66, approving the renewal of import re- U.S.C. 703 et seq.); law, not later than 150 days after the date of strictions contained in the Burmese (5) the Wild and Scenic Rivers Act (16 enactment of this Act, the Director of the Freedom and Democracy Act of 2003; U.S.C. 1271 et seq.); Office of Management and Budget shall co- which was ordered to lie on the table; (6) the Fish and Wildlife Coordination Act ordinate with the heads of the relevant de- as follows: (16 U.S.C. 661 et seq.); partments and agencies, including the Sec- At the appropriate place insert the fol- (7) the Endangered Species Act of 1973 (16 retary of the Department of Labor, the Sec- lowing: U.S.C. 1531 et seq.), except when the recon- retary of the Department of Health and SEC. lll. RESCISSION OF UNSPENT FEDERAL struction occurs in designated critical habi- Human Services, and the Secretary of Edu- FUNDS TO OFFSET INCREASE IN tat for threatened and endangered species; cation, to— SPENDING. (8) Executive Order 11990 (42 U.S.C. 4321 (1) use available administrative authority (a) IN GENERAL.—Notwithstanding any note; relating to the protection of wetlands); to consolidate Government employment and other provision of law, of all available unob- and

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(9) any Federal law (including regulations) SEC. ll. DISASTER ASSISTANCE. (b) DEFINITIONS.—In this section the fol- requiring no net loss of wetlands. (a) DEFINITIONS.—In this section— lowing definitions apply: (1) the term ‘‘covered major disaster’’ (1) COVERED TEMPORARY TORNADO SHELTER SA 615. Mr. SANDERS (for himself means the major disaster described in para- FACILITY.—The term ‘‘covered temporary and Mr. LEAHY) submitted an amend- graph (2) for a covered State; tornado shelter facility’’ means a structure— ment intended to be proposed to (2) the term ‘‘covered State’’ means a (A) designed to provide children protection amendment SA 602 proposed by Mr. State for which the Federal obligations from a tornado; and REID to the joint resolution H.J. Res. under the Robert T. Stafford Disaster Relief (B) constructed or acquired with Federal 66, approving the renewal of import re- and Emergency Assistance Act (42 U.S.C. financial assistance. strictions contained in the Burmese 5121 et seq.) relating to a major disaster dur- (2) EDUCATIONAL INSTITUTION.—The term ing fiscal year 2011 are not less than double Freedom and Democracy Act of 2003; ‘‘educational institution’’ means any ele- the threshold amount applicable to fiscal mentary school or any secondary school that which was ordered to lie on the table; year 2011 under section 206.47(b) of title 44, is an eligible applicant for FEMA assistance as follows: Code of Federal Regulations; and pursuant to section 403 of the Robert T. Staf- At the appropriate place, insert the fol- (3) the term ‘‘major disaster’’ means a ford Disaster Relief and Emergency Assist- lowing: major disaster declared by the President ance Act (42 U.S.C. 5170b). SEC. ll. HIGHWAY EMERGENCY RELIEF. under section 401 of the Robert T. Stafford (a) DEFINITION OF QUALIFYING STATE.—In Disaster Relief and Emergency Assistance SA 619. Mr. LEAHY (for himself, Mr. this section, the term ‘‘qualifying State’’ Act (42 U.S.C. 5170). SANDERS, Mr. LAUTENBERG, Mrs. GILLI- means a State in which— (b) INCREASED FEDERAL SHARE.—Notwith- BRAND, and Mr. CONRAD) submitted an (1) there occurred, during fiscal year 2011, a standing any other provision of law, for as- amendment intended to be proposed by major disaster or emergency designated by sistance under section 403, 406, 407, and 408 of the President under the Robert T. Stafford the Robert T. Stafford Disaster Relief and him to the joint resolution H.J. Res. 66, Disaster Relief and Emergency Assistance Emergency Assistance Act (42 U.S.C. 5170b, approving the renewal of import re- Act (42 U.S.C. 5121 et seq.); and 5172, 5173, and 5174) provided in a covered strictions contained in the Burmese (2) the major disaster or emergency re- State relating to the covered major disaster Freedom and Democracy Act of 2003; sulted in estimated damages to the Federal- for the State, the Federal share of the assist- which was ordered to lie on the table; aid highway system in the State in an ance shall be 100 percent of the eligible costs as follows: amount that exceeds an amount equal to under such sections. At the appropriate place, insert the fol- twice the total annual apportionment pro- (c) MITIGATION ASSISTANCE.—Notwith- lowing: vided to any State under section 104(b) of standing the second sentence of section title 23, United States Code, for fiscal year 404(a) of the Robert T. Stafford Disaster Re- SEC. ll. EMERGENCY RELIEF FUND. 2011. lief and Emergency Assistance Act (42 U.S.C. (a) FUNDING.—There is appropriated, out of (b) EXEMPTION.—As determined by the Sec- 5170c(a)), for a covered State that has a miti- money in the Treasury not otherwise appro- retary of Transportation— gation plan approved by the Administrator priated, for the fiscal year ending September (1) in the case of a qualifying State, not- of the Federal Emergency Management 30, 2012, for an additional amount for the withstanding section 120(e) of title 23, United Agency under section 322 of the Robert T. ‘‘Emergency Relief Fund’’, authorized under States Code, or any other provision of law, Stafford Disaster Relief and Emergency As- section 125 of title 23, United States Code, for the Federal share of the cost of carrying out sistance Act (42 U.S.C. 5165), the total of con- expenses described in subsection (a) of such eligible emergency repairs to minimize dam- tributions in the covered State under such section resulting from a major disaster (as age, protect facilities, or restore essential section 404 for the covered major disaster defined in section 102(2) of the Robert T. traffic, and the cost of carrying out perma- shall not exceed 20 percent of the estimated Stafford Disaster Relief and Emergency As- nent restoration work on all Federal-aid aggregate amount of grants to be made (less sistance Act (42 U.S.C. 5122(2)), $2,500,000,000, highways (as defined in section 101 of title 23, any associated administrative costs) in the to remain available until expended: Provided, United States Code), affected by the major State under the Robert T. Stafford Disaster That such amount is designated by Congress disaster or emergency in the State using Relief and Emergency Assistance Act with as being for disaster relief pursuant to sec- funds made available under section 125 of respect to the covered major disaster. tion 251(b)(2)(D) of the Balanced Budget and title 23, United States Code, shall be 100 per- Emergency Deficit Control Act of 1985 (Pub- cent; and SA 617. Mr. LAUTENBERG (for him- lic Law 99–177). (2) in the case of any State described in self, Mr. LEAHY, Mr. SANDERS, Mr. (b) DISASTER-RELATED REPAIR WORK.— subsection (a)(1), the limitations under sec- MENENDEZ, and Mrs. GILLIBRAND) sub- (1) DEFINITION OF QUALIFYING STATE.—In tion 125(d) of title 23, United States Code, on mitted an amendment intended to be this subsection, the term ‘‘qualifying State’’ the maximum amount of funding that may proposed to amendment SA 602 pro- means a State in which a major disaster or be received by the State shall not apply. posed by Mr. REID to the joint resolu- emergency was designated by the President (c) ADDITIONAL FUNDING.— tion H.J. Res. 66, approving the renewal under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. (1) IN GENERAL.—Subject to paragraph (2), of import restrictions contained in the there is appropriated, out of money in the 5121 et seq.). Treasury not otherwise appropriated, for the Burmese Freedom and Democracy Act (2) EXEMPTIONS.—As determined by the fiscal year ending September 30, 2012, for an of 2003; which was ordered to lie on the Secretary of Transportation, in the case of a additional amount for the ‘‘Emergency Re- table; as follows: qualifying State— lief Fund’’, authorized under section 125 of On page 4, line 18, strike ‘‘$135,000,000’’ and (A) notwithstanding section 120(e) of title title 23, United States Code, for expenses de- insert ‘‘$500,000,000’’. 23, United States Code, or any other provi- scribed in subsection (a) of that section re- sion of law, the Federal share of the cost of sulting from a major disaster (as defined in SA 618. Mr. SESSIONS submitted an carrying out eligible emergency repairs to section 102 of the Robert T. Stafford Disaster amendment intended to be proposed to minimize damage, protect facilities, or re- Relief and Emergency Assistance Act (42 amendment SA 602 proposed by Mr. store essential traffic, and the cost of car- U.S.C. 5122), $2,500,000,000, to remain avail- REID to the joint resolution H.J. Res. rying out permanent restoration work on all able until expended. 66, approving the renewal of import re- Federal-aid highways (as defined in section (2) BUDGET CONTROL AUTHORITY.—The strictions contained in the Burmese 101 of title 23, United States Code), affected by the major disaster or emergency in the amount made available by paragraph (1) is Freedom and Democracy Act of 2003; designated by Congress as being for disaster State using funds made available under sec- relief pursuant to section 251(b)(2)(D) of the which was ordered to lie on the table; tion 125 of title 23, United States Code, shall Balanced Budget and Emergency Deficit as follows: be 100 percent; and Control Act of 1985 (Public Law 99–177). On page 12, between lines 11 and 12, insert (B) the limitations under section 125(d) of the following: title 23, United States Code, on the max- SA 616. Mr. SANDERS (for himself, TITLE VI—GENERAL PROVISIONS imum amount of funding that may be re- Mr. LEAHY and Mr. LAUTENBERG) sub- SEC. 601. NO REIMBURSEMENT REQUIRED FOR ceived by a State shall not apply. mitted an amendment intended to be COVERED TORNADO SHELTER FA- proposed to amendment SA 602 pro- CILITIES. SA 620. Mr. CONRAD (for himself, posed by Mr. REID to the joint resolu- (a) IN GENERAL.—Notwithstanding any Mr. LEAHY, Mr. LAUTENBERG, Mrs. tion H.J. Res. 66, approving the renewal other provision of law, the Federal Emer- GILLIBRAND, Mr. MENENDEZ, Mr. SAND- of import restrictions contained in the gency Management Agency (in this section ERS, and Mr. HOEVEN) submitted an referred to as ‘‘FEMA’’) shall not require an amendment intended to be proposed by Burmese Freedom and Democracy Act educational institution Public Assistance of 2003; which was ordered to lie on the applicant to reimburse FEMA for the market him to the joint resolution H.J. Res. 66, table; as follows: value of a covered temporary tornado shelter approving the renewal of import re- At the appropriate place, insert the fol- facility when the facility is no longer needed strictions contained in the Burmese lowing: for its temporary purpose. Freedom and Democracy Act of 2003;

VerDate Mar 15 2010 04:15 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.056 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5692 CONGRESSIONAL RECORD — SENATE September 15, 2011 which was ordered to lie on the table; mittee on Health, Education, Labor, EXECUTIVE SESSION as follows: and Pensions be authorized to meet On page 10, line 14, strike ‘‘$100,000,000’’ and during the session of the Senate, to insert ‘‘$1,000,000,000’’. conduct a hearing entitled ‘‘The Fu- ture of Employment for People with EXECUTIVE CALENDAR Mr. PAUL proposed an SA 621. the Most Significant Disabilities’’ on Mr. BENNET. Mr. President, I ask amendment to the bill H.R. 2887, to September 15, 2011, at 10 a.m., in room unanimous consent that the Senate provide an extension of surface and air 106 of the Dirksen Senate Office Build- proceed to executive session to con- transportation programs, and for other ing. sider the following nomination: Cal- purposes; as follows: The PRESIDING OFFICER. Without endar No. 358; that the nomination be On page 38, line 24, strike ‘‘(d)’’ and insert objection, it is so ordered. confirmed; the motion to reconsider be the following: COMMITTEE ON INDIAN AFFAIRS considered made and laid upon the (d) LIMITATION ON HIGHWAY TRUST FUND EXPENDITURES.—Notwithstanding any other Mrs. BOXER. Mr. President, I ask table, with no intervening action or de- provision of law, the amount authorized to unanimous consent that the Com- bate; that no further motions be in be expended or transferred during a fiscal mittee on Indian Affairs be authorized order to the nomination; that any re- year from the Highway Trust Fund, estab- to meet during the session of the Sen- lated statements be printed in the lished under section 9503 of the Internal Rev- ate on September 15, 2011, at 2:15 p.m., RECORD; that the President be imme- enue Code of 1986, may not exceed the in room 628 of the Dirksen Senate Of- diately notified of the Senate’s action amount appropriated, transferred, or other- fice Building, to conduct a hearing en- and the Senate then resume legislative wise made available to the Highway Trust Fund during such fiscal year, based on esti- titled ‘‘Tribal Transportation: Paving session. mates made by the Congressional Budget Of- the Way for Jobs, Infrastructure, and The PRESIDING OFFICER. Without fice. Safety in Native Communities.’’ objection, it is so ordered. (e) The PRESIDING OFFICER. Without The nomination considered and con- objection, it is so ordered. firmed is as follows: SA 622. Mr. PAUL proposed an COMMITTEE ON THE JUDICIARY amendment to the bill H.R. 2887, to DEPARTMENT OF STATE Mrs. BOXER. Mr. President, I ask provide an extension of surface and air Wendy Ruth Sherman, of Maryland, to be transportation programs, and for other unanimous consent that the Com- an Under Secretary of State (Political Af- purposes; as follows: mittee on the Judiciary be authorized fairs). to meet during the session of the Sen- Mr. INHOFE. Mr. President, I would At the end of title II, add the following: ate, on September 15, 2011, at 10 a.m., SEC. 210. AUTHORIZATION OF APPROPRIATIONS like to inform the Chamber that I sup- FOR FEDERAL AVIATION ADMINIS- in SD–226 of the Dirksen Senate Office port the nomination of Wendy Sher- TRATION AT FISCAL YEAR 2008 LEV- Building, to conduct an executive busi- man to be Under Secretary of State for ELS. ness meeting. Political Affairs. I had previously Notwithstanding the provisions of, or The PRESIDING OFFICER. Without voted against her nomination earlier amendments made by, this title, or any objection, it is so ordered. other provision of law, there are authorized this week when it was brought before to be appropriated to the Federal Aviation COMMITTEE ON SMALL BUSINESS AND the Senate Foreign Relations Com- Administration for the period beginning on ENTREPRENEURSHIP mittee, but I have received information September 17, 2011, and ending on January Mrs. BOXER. Mr. President, I ask since that leads me to change my vote. 31, 2012, for all purposes (other than for the unanimous consent that the Com- My good friend Senator ISAKSON of Airport and Airway Trust Fund established mittee on Small Business and Entre- Georgia spoke to me about his 30-plus- under section 9502 of the Internal Revenue preneurship be authorized to meet dur- year relationship with the Sherman Code of 1986) amounts not to exceed the ing the session of the Senate on Sep- amounts authorized to be appropriated to family. Ms. Sherman’s mother, Miriam the Administration for the period beginning tember 15, 2011, at 10 a.m., to conduct a ‘‘Mimi’’ Sherman, started working for on September 17, 2007, and ending on January hearing entitled ‘‘Disaster Recovery: Northside Realty, Senator ISAKSON’s 31, 2008, for such purposes. Evaluating the Role of America’s business based in Marietta, GA, in the f Small Business in Rebuilding Their late seventies and eighties. Mimi Sher- Communities.’’ man, who passed away in 2005, was a AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without terrific person, and Senator ISAKSON MEET objection, it is so ordered. was very happy to call her a close COMMITTEE ON ENERGY AND NATURAL SELECT COMMITTEE ON INTELLIGENCE friend and fellow coworker. He also has RESOURCES Mrs. BOXER. Mr. President, I ask known Wendy during this entire time Mrs. BOXER. Mr. President, I ask unanimous consent that the Select and knows that she embodies the same unanimous consent that the Com- Committee on Intelligence be author- qualities that her mother did. He is mittee on Energy and Natural Re- ized to meet during the session of the confident that she is qualified for the sources be authorized to meet during Senate on September 15, 2011, at 2:30 position and will do a great job at the the session of the Senate on September p.m. State Department as Under Secretary 15, 2011, at 9:30 a.m., in room 366 of the The PRESIDING OFFICER. Without of State for Political Affairs. Dirksen Senate Office Building. objection, it is so ordered. I have great respect for the wisdom The PRESIDING OFFICER. Without SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- and good judgment of my friend from objection, it is so ordered. AGEMENT, GOVERNMENT INFORMATION, FED- Georgia. We both serve on the Africa COMMITTEE ON FINANCE ERAL SERVICES, AND INTERNATIONAL SECU- Subcommittee, and as its ranking Mrs. BOXER. Mr. President, I ask RITY member, Senator ISAKSON always en- unanimous consent that the Com- Mrs. BOXER. Mr. President, I ask sures that the views of his fellow Re- mittee on Finance be authorized to unanimous consent that the Com- publican members are fully rep- meet during the session of the Senate mittee on Homeland Security and Gov- resented, even to the point of sharing on September 15, 2011, at 10 a.m., in ernmental Affairs’ Subcommittee on his own speaking time at hearings with room 215 of the Dirksen Senate Office Federal Financial Management, Gov- members like me who are passionate Building, to conduct a hearing entitled ernment Information, Federal Serv- about bringing relief to the people on ‘‘Tax Reform Options: Promoting Re- ices, and International Security be au- the African Continent. And when he ex- tirement Security.’’ thorized to meet during the session of presses confidence in a particular per- The PRESIDING OFFICER. Without the Senate on September 15, 2011, at son like Wendy Sherman, whom he has objection, it is so ordered. 2:30 p.m., to conduct a hearing entitled, known personally for over three dec- COMMITTEE ON HEALTH, EDUCATION, LABOR, ‘‘Improving Financial Accountability ades, that is good enough for me. AND PENSIONS at the Department of Defense.’’ I support Ms. Sherman’s nomination Mrs. BOXER. Mr. President, I ask The PRESIDING OFFICER. Without to be Under Secretary of State for Po- unanimous consent that the Com- objection, it is so ordered. litical Affairs.

VerDate Mar 15 2010 05:13 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.061 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5693 LEGISLATIVE SESSION employer to close, relocate, or transfer em- floated; they have actually passed the ployment under any circumstance. The PRESIDING OFFICER. The Sen- Congress, the House of Representa- ate will resume legislative session. Mr. BENNET. I now ask for a second tives—would be devastating to Rhode reading, and in order to place the bill Island seniors: an end to Medicare in 10 f on the calendar under the provisions of years; $6,000 in increased costs to each NATIONAL HISTORICALLY BLACK rule XIV, I object to my own request. senior, on average, per year, hidden in COLLEGES AND UNIVERSITIES The PRESIDING OFFICER. Objec- what the Republicans like to call their WEEK tion is heard. The bill will have its sec- cut, cap and balance plan, with an even Mr. BENNET. Mr. President, I ask ond reading on the next legislative day. worse attack on Medicare and on Medi- unanimous consent that the Senate f care beneficiaries than was in the now proceed to the consideration of S. House budget that passed, which was a Res. 269, which was submitted earlier ORDERS FOR FRIDAY, SEPTEMBER bad enough attack on its own. That today. 16, 2011 simply is more than seniors in Rhode The PRESIDING OFFICER. The Mr. BENNET. Mr. President, I ask Island can manage. It is not fair; it is clerk will report the resolution by unanimous consent that when the Sen- not right. And, most importantly it is title. ate completes its business today, it ad- not necessary. The assistant legislative clerk read journ until 10 a.m. on Friday, Sep- I do concede that rising health care as follows: tember 16; that following the prayer spending has placed a lot of stress on A resolution (S. Res. 269) designating the and pledge, the Journal of proceedings our national budget. In the joint ses- week beginning September 19, 2011, as ‘‘Na- be approved to date, the morning hour sion of Congress in September 2009, tional Historically Black Colleges and Uni- be deemed expired, and the time for the President Obama himself said: Put versities Week.’’ two leaders be reserved for their use simply, our health care problem is our There being no objection, the Senate later in the day; that following any deficit problem. Nothing else even proceeded to consider the resolution. leader remarks, the Senate be in a pe- comes close. Mr. BENNET. I ask unanimous con- riod of morning business, with Sen- If you go to the other side of the po- sent that the resolution be agreed to, ators permitted to speak therein for up litical spectrum and to the other the preamble be agreed to, and the mo- to 10 minutes each. Chamber of Congress, Congressman tion to reconsider be laid upon the The PRESIDING OFFICER. Without RYAN said: Our debt and deficit prob- table. objection, it is so ordered. lem is, at its core, a health care prob- The PRESIDING OFFICER. Without f lem. I agree with that. We need to ad- objection, it is so ordered. dress it. The question is how. The resolution (S. Res. 269) was PROGRAM The fundamental fact that so many agreed to. Mr. BENNET. Mr. President, there of our colleagues overlook in their ur- The preamble was agreed to. will be no rollcall votes on Friday. The gency to attack Medicare—a program The resolution, with its preamble, next rollcall vote will be Monday, Sep- that Republicans have been against reads as follows: tember 19, at 5:30 p.m. from its very founding and that the re- S. RES. 269 f newed tea party assault on Medicare Whereas there are 105 historically Black has revived—has misled the debate, be- colleges and universities in the United ORDER FOR ADJOURNMENT cause the cost problem in Medicare is States; Whereas historically Black colleges and Mr. BENNET. Mr. President, if there not a problem that is unique to Medi- universities provide the quality education is no further business to come before care. Wherever you look in the Amer- essential to full participation in a complex, the Senate, I ask unanimous consent it ican health care system, costs are ex- highly technological society; adjourn under the previous order, fol- ploding. They are going up in Medicare Whereas historically Black colleges and lowing the remarks of Senator WHITE- probably at a lower rate than other universities have a rich heritage and have HOUSE. quadrants of the health care sector, played a prominent role in the history of the The PRESIDING OFFICER. Without but they are going up. They are going United States; up in Medicaid. States are having trou- Whereas historically Black colleges and objection, it is so ordered. universities allow talented and diverse stu- The PRESIDING OFFICER. The Sen- ble dealing with that burden. They are dents, many of whom represent underserved ator from Rhode Island is recognized. going up in TRICARE and in veterans’ populations, to attain their full potential f care. Indeed, Secretary Gates said: through higher education; and Health care costs are eating the De- Whereas the achievements and goals of his- COSTS OF HEALTH CARE fense Department alive. Eating the De- torically Black colleges and universities are Mr. WHITEHOUSE. Mr. President, we fense Department alive, health care deserving of national recognition: Now, all traveled over to the House Chamber costs are. And if you are in private in- therefore, be it surance, whether it is Kaiser or United Resolved, That the Senate— a few days ago to hear President (1) designates the week beginning Sep- Obama present his jobs plan, a jobs or Blue Cross, pick your insurer, the tember 19, 2011, as ‘‘National Historically plan for which I intend to support and costs are going up dramatically. Our Black Colleges and Universities Week’’; and fight. But during the course of that own hospitals in Rhode Island, which (2) calls on the people of the United States speech, we also heard the President in- provide health care, are watching their and interested groups to observe the week dicate that he was going to come and health care costs accelerate at signifi- with appropriate ceremonies, activities, and make some recommendations to the cant rates far above a multiple of our programs to demonstrate support for histori- rate of inflation. cally Black colleges and universities in the Senate and to the House regarding our United States. debt and deficit strategy. This problem of rising health care costs is creating real strain. It is not f I come to the floor today to urge the White House, in dealing with our debt just creating strain on the Federal MEASURE READ THE FIRST and our deficit issues, to pursue a budget—granted, it is creating strain TIME—H.R. 2587 strategy for cost reduction in our in the Federal budget—but it is also Mr. BENNET. Mr. President, I under- health care system that does not rely creating incredible stress on seniors, stand there is a bill at the desk, and I on harmful cuts to our seniors’ Medi- on small business owners who can’t af- ask for its first reading. care benefits. I cannot tell you how im- ford health insurance for themselves, The PRESIDING OFFICER. The portant this is in Rhode Island where or have to whittle away at the health clerk will read the bill for the first we have a significant senior popu- insurance their employees have in time. lation. Many of our seniors are low in- order to keep it affordable, or have to The assistant legislative clerk read come. The average Social Security ben- give it up entirely as they face the as follows: efit is around $13,000 to $14,000. stresses of this economic downturn. A bill (H.R. 2587) to prohibit the National Some of the ideas that have been As the Presiding Officer, the senior Labor Relations Board from ordering any floated in this body—more than just Senator from Colorado, knows because

VerDate Mar 15 2010 04:15 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.069 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5694 CONGRESSIONAL RECORD — SENATE September 15, 2011 his, like Rhode Island, is a small busi- The only socialized medicine we have Incredibly overbloated expenditure ness State. When you are a small busi- in this country is the kind we give our and at best moderate performance are ness, your employees are pretty darned veterans, which is the very best quality the two prevailing characteristics of close to family. When you have to care they are entitled to—what Bob our health care system. That means whittle away at their health care bene- Dole has said is the place we should there is a lot of ground to be gained. fits, when you have to whittle away at look toward for health care reform. It has been quantified by President what they get, when you have to raise But that is a separate argument. But Obama’s own Council of Economic Ad- their costs, that is a hard decision for my point is there was a whole lot of visers who estimated $700 billion every that small business owner/manager to phony controversy about that health year could be saved if we cleaned up make. care bill. the health care system and made it It is tough on American families. It What was completely not discussed moderately efficient. We could save is tough on big businesses. It is tough was that a huge chunk of that bill was that $700 billion without harming the on American big export companies. Our dedicated to delivery system reform of quality of care for Americans. automobile industry, the tractor man- the health care system, to turning the That seems like a big number, but ufacturers, the road building equip- bus before we hit the cliff. There is a actually the New England Healthcare ment manufacturers, the folks who lot in there for the President to work Institute says that number is $850 bil- build big American products that we with. There are literally dozens of pro- lion a year. George Bush’s Treasury export overseas, we build enormous grams and pilots to turn us in this new Secretary, Secretary O’Neill, who amounts of health care costs into those direction. I urge very strongly, as we knows a lot about this from his time as products. It has been estimated that address the government health care CEO of Alcoa and as the person leading nearly $2,000 in health care costs goes cost problem that we face, we look at the Pittsburgh Regional Health Initia- into an American car. Well, the foreign it as a systemic problem, and we ad- tive, combined with the Lewin Group, car that competes in the international dress it as a health care cost delivery which is a very well regarded Wash- market with that American car comes system problem rather than pick out ington institution that looks at health out of a national health care system. seniors, throw them off the bus, and care issues and evaluates them, they keep it careening toward the cliff with- So that health care cost isn’t in the both agree that the number is $1 tril- out changing its underlying direction. cost structure of the company that lion a year that we could save without That would be, in medical parlance, a makes the car. And because they col- harming the experience or quality of misdiagnosis of the illness and a mis- lected most of their taxes through a care for the American consumer. value-added tax, it doesn’t even come treatment of it as a result, and fun- We tried to throw pretty much every- in through the tax system, because the damentally malpractice. But that is thing we could at this problem in the the direction we are being led, and I am export products get out of those com- Affordable Care Act. A consultant to here to urge us that we go in a dif- panies and into the international mar- the administration, MIT Professor Jon- ferent direction. ket without a tax burden. So there are athan Gruber, said about the Afford- our products, trying to compete over- There is a lot to be gained. America’s health care system is provably, wildly able Care Act and its delivery system seas, with this weight of our health reform component: care system cost on them and it helps inefficient. We burn more than 18 per- Everything is in here. I can’t think of any- make America uncompetitive. So it is cent of America’s gross domestic prod- uct on our health care system every thing I would do that they are not doing in not just Medicare. It is everywhere in that bill. the American health care system. It is year—18 percent. To put that into con- text, the next most inefficient industri- We gave the administration literally systemwide. everything they could want, every- A couple of years back, when we were alized competitor that we deal with thing they asked for. I had a group that first discussing this issue and the internationally runs at around 12 per- met with me as we were designing the White House held a couple of health cent of gross domestic product. So here Affordable Care Act, people from care conferences, I was fortunate to be we are, the United States of America— unions, people from NGOs that work on invited to those conferences. The Presi- the most innovative, the most techno- dent used a metaphor in discussing logically developed country in the health care issues, people from the where we were in health care in those world, a country that prides itself on business sector, people who are experts discussions. He used the discussion of efficiency, on common sense, on mak- in this area—to say, What are we miss- us being headed for a cliff. If we didn’t ing smart decisions—and what are we ing? What more could we put in to help do something about our health care doing? We are 50 percent more ineffi- get at this problem of excessive costs costs as a country, we were headed for cient than the most inefficient other for moderate results? By the time the bill came to the a cliff. industrialized country in the world. Well, nothing has changed. We are One would think that we would not floor, this was the answer from my still headed for that cliff, and the solu- be the most inefficient. One would cer- group: Nothing. We can’t think of any- tion we have to find is to take the bus tainly think we would not be the most thing else. We tried. It is all in there. that we are all on and turn it before we inefficient by a margin of 50 percent So I agreed with Professor Gruber’s as- get to the cliff. over the second most inefficient coun- sessment. It is not an adequate solution to sim- try in the world. It just does not make What is the nature of what we did? It ply throw seniors off the bus in order any sense, but that is how bad it is. boils down to what I contend are five to lighten the Medicare cost load with- That is a pretty strong measure of how basic strategies. One is quality im- out doing what we need to do to change laden with excess costs our national provement. The quality of American the direction of the American health health care system is. medicine is not anywhere near as good care system to alleviate this cross-sys- For all of that, we do not get better as it should be. Anybody who was lis- tem, this economywide burden. outcomes. I wouldn’t mind spending 50 tening to me talk, who has had a loved Fortunately, we gave President percent more than Switzerland or one in their family seriously ill, ill for Obama tools to do this in the Afford- France or any other country if we got any length of time, or who has been se- able Care Act. We fought about all 50 percent better outcomes, if we lived riously ill themselves, they know that sorts of elements in the Affordable 50 percent longer, if we were 50 percent from their own experience. They know Care Act. We fought about the public healthier, if we had 50 percent better of the lost records. They know of the option. We fought about universal cov- care, if we had 50 percent better mater- confusion between multiple doctors erage. There were imaginary claims nal mortality in childbirth—but we do who are treating them and not talking raised that there were death panels in not. When we look at the measures of to them, maybe both prescribing medi- the health care bill. It was considered how we do for our people in the Amer- cations that are contra-indicated with to be socialized medicine, the same ican health care system, we compare each other, but they don’t know the phrase that was trotted out years ago with countries such as Greece and Cro- other one is doing it. They know the to oppose Medicare. They brought that atia. We are down in the thirties in the experience of having to be your own old stalwart phrase out again—totally ranking if you look at most of the navigator through this complex sys- false. quality measures. tem. They know what a nightmare that

VerDate Mar 15 2010 04:15 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.071 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5695 is. They know it. It is not a debatable pitals and doctors. Ask any hospital, not have modern electronic infrastruc- proposition. ask any doctor what it is like dealing ture in this country. It also works out in some pretty with the insurance companies, trying When I started arguing about this a identifiable data. Nearly one in every to get paid for the services they de- few years ago, I can remember The 20 hospitalized patients in the United liver. They will tell you it is torture. Economist magazine publishing an ar- States gets a hospital-acquired infec- The last time I was at the Cranston ticle that said the health care industry tion. A hospital-acquired infection Community Health Center in Rhode Is- in America was the worst industry for should be a ‘‘never’’ event. If we apply land, they told me half of their per- the deployment of information tech- the Pronovost principles and do things sonnel are dedicated to trying to get nology of all of the American indus- started in Michigan and are carried out paid. The other half do the health care tries except one. The only industry around the country now, we can knock work. Half of their personnel are dedi- that was behind the health care indus- that down by about 90 percent, but still cated to trying get paid. And they have try and the deployment of information it is endemic. a $200,000 a year contract with experts technology was the mining industry. Everybody knows somebody who has to try to help train the 50 percent of We have improved, thanks to President gone to a hospital for a procedure and their personnel who are dedicated to Obama and this administration putting came out with a hospital-acquired in- trying to get paid in what the latest a big investment in this area, but we fection, often a life-threatening one. tricks are from the insurance industry have a long way to go because we were Just treating those infections costs so they can keep ahead of the game. way behind the curve. about $2.5 billion a year. They are com- Because it is an arm’s race. Well, my Those five things—quality improve- pletely avoidable. guess is that about 10 percent of the ment, serious investment and preven- That is just one element of the health care dollar that goes through tion where it saves money, payment re- health care system. If we got after the the insurance companies goes to delay form so that the system has incentive quality gaps in our health care system, and denial of payment. There is 10 to provide value rather than volume, the savings would be far greater. So cents right off the top, leaving only 90 knocking down the administrative there is a lot to be gained in quality. cents for the rest of the health care overhead that drapes over this system That is one of the five. equation. and weighs it down, and a robust The second is prevention. We do not The doctors and the hospitals have to health information technology infra- analyze and evaluate and implement fight back. They have to hire their own structure, those are the five keys and prevention strategies very well as a consultants and their own experts and almost every single one of the pro- country. We don’t even evaluate effec- their own billing companies. They are grams I referred to that is in the Af- tively what prevention methods save not as efficient. There are more of fordable Care Act fits one of those prin- enough money in the long run that we them. They are more spread out. It is ciples. Why are we not doing this? Why is should just pay for them for everybody not what they are expert at. It is hard- this not a bigger part of the debate if it because it saves money to have people er for them to fight back. I think they is $700 billion to $1 trillion a year, if do this. We don’t differentiate between pay more than 10 cents out of every the result is better care for Americans, what is probably a good idea for an in- dollar. You put the 2 together, that is fewer medical errors, more prevented dividual to pay for and what is such a 20 cents out of the health care dollar illness, less nonsense and unnecessary good idea and saves so much money on the private insurance side that does care from their doctors in chasing the that it should be part of the baseline of not go to health care at all. It goes to payment model of volume, less fighting medical treatment that every Amer- fund the arms race between insurers with the insurance company over try- ican gets. It doesn’t matter how sick and doctors over getting paid. ing to get paid and a health informa- This year Health Affairs: Journal of they are, doesn’t matter how old they tion record that is yours, that is pri- Health Care Policy published a study are, doesn’t matter how wealthy they vate, that is secure, that goes with you are, doesn’t matter where they live, that compared the administrative costs wherever you are? they should be getting this prevention of physician practices in Ontario, Can- There was a fellow in Rhode Island treatment because it saves all of us ada, and physician practices in the whose daughter was taken ill. She had money. United States. It found if doctors in a pretty serious condition. She was We should be analyzing those things, the United States could lower their ad- taken to the emergency room in Rhode proving them and putting that preven- ministrative costs to match those of Island, and they realized that this was tion strategy to work because the the Ontario physicians, the total sav- bad. They needed specialty care, spe- cheapest way to treat an illness is to ings would be approximately $27.6 bil- cialty machinery and treatment, and prevent it in the first instance. The lion a year. The Ontario doctors have they had to rush to the specialty hos- third is payment reform. We pay doc- administrative costs, but they have a pital in Massachusetts that could do tors more—the more they prescribe, single-payer system and it is pretty the work on her she needed to save her the more tests they order, the more easy to deal with. The $27.6 billion is life. So off they went. When they got medications they order, the more pro- primarily fighting with the different there, they discovered that they had cedures they direct, the more they get insurance companies that all have dif- not brought her paper health records paid. It should come as no surprise that ferent systems about claims and bill- with her. They had to redo all the test- when you send that incentive out there ing. There are big savings to be had by ing. They had to start from scratch. into that particular marketplace, you eliminating that unnecessary and ex- Seconds counted as they fought for this get dramatic overuse, which has been pensive warfare that produces zero woman’s life. Thankfully it all turned quantified in study after study. health care benefit to anybody. out fine, but it put her life at risk and This bill, the Affordable Care Act, The last piece, which is the structure it cost a fortune to redo all the tests. It has pilots to start directing the pay- for most of the rest of it, is a solid, made her recovery harder because a lot ment for medical procedures and for strong health information technology of time was wasted. Are you kidding medical care based on the outcomes so infrastructure for this country. I can me, a paper health record? But that is that its value is how well you get that go to a bank anywhere in this country where we are. dictates payment, not how much the and I can take out my ATM card and All of this is win-win. Where is the doctor does to you. That will be a para- access my checking account. I can find pressure to do it? Well, there is a prob- digm shift in health care. You have to out what is in my savings account. I lem, and the problem is that it is not get it right. It is not easy to do. It is can do transactions. I can make depos- the kind of change that CBO—the peo- going to take some doing, but it is vi- its. However, if I step out of that ATM ple who guide our budget decisions tally important. That is the third part. booth and get whacked by a taxicab around here—can score. I asked Alan The fourth is administrative sim- and rushed to the emergency room, Simpson from the Simpson-Bowles plification, in particular, administra- they have no idea what my health his- budget group during one of our Budget tive simplification in the area of the tory is or what my health records are. Committee hearings if he believed that warfare that currently exists between We do not have a modern electronic reducing health care costs through de- health insurance companies and hos- health record in this country. We do livery system reform is an important

VerDate Mar 15 2010 04:15 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.072 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5696 CONGRESSIONAL RECORD — SENATE September 15, 2011 part of addressing our debt and deficit try—I should say of the flight industry. mation so your doctor is a little bit problem. And he answered: What you What did we know when the Wright like that pilot landing the plane out of are saying is exactly right. It is not, Brothers first put their flying machine Dulles, making their own decisions, unfortunately, scoreable. That is why into the air at Kitty Hawk? We knew a flying the plane directly but sur- it is not in our report. curved surface sped through the air, rounded by that decision support that I get it. It is not scoreable. It is not generated lift. We knew a whirling air makes plane landings so safe—if your in the report. We should not overlook screw generated propulsion, and we wheels aren’t down, the alarms go off. these factors as we make these deci- knew that if you twisted the ends of If you get out of the glide slope, the sions on behalf of the American people the wings, you could control the direc- alarms go off. If there are wind gusts because even if you cannot score how tion. Those principles haven’t changed. on the field, the alarms go off. All that you get to that $700 billion in savings I just got back from Afghanistan and information and more is captured so or if the New England Health Care In- Pakistan. We flew for 14 hours from the the pilots can focus on flying the plane. stitute is right, that $850 billion, or if Arabian Peninsula back to Dulles Air- That is the kind of support our doctors Bush Secretary O’Neill is right, that $1 port. That plane had movies on it. It can have. That is the kind of support trillion a year in savings using meth- had food on it. Everybody was com- we can have. Those are American in- ods that improve both our experience fortable. It had air-conditioning. We dustries that will grow and emerge. and quality of care needs to be a pri- landed a plane that was the size of So we need to get behind this. I feel ority even if it is not scoreable. probably the average small town in very strongly about this, as my col- Tomorrow I will send a letter to the America at the time the Wright Broth- leagues can tell and as the four pages President, which the Presiding Officer ers were flying and everybody on it felt have had to wait and listen to me at has been good enough to sign, along perfectly safe and comfortable. It came this late hour can tell. But I say now it with a broad array of my colleagues down a tube of electronic decision sup- would be a shameful act on the part of who have agreed to cosign, which reit- port for those pilots so they knew ex- the Congress of the United States if, erates the case I make here tonight. actly what was going on every mo- with an opportunity like that in front The letter urges the President’s atten- ment. If you went back to the Wright of us, if with a compelling cost target, tion to the potential of delivery system Brothers, you could not score in the ac- as we have from delivery system re- reform rather than Medicare benefit tuarial sense the progress that would form in front of us, and with the prov- cuts for seniors. It should be our first lead us in less than a century from a en thesis that by getting there we ac- priority to fix that overloaded 50 per- rickety wooden canvas, manned kite, tually improve the quality of care for cent more inefficient than the most in- puffing down the beach at Kitty Hawk, people—we are not taking anything efficient country in the world system, to these sleek, computer-guided, mi- away; we are making their quality and the one with $700 billion or $850 billion raculous aircraft that fly us in comfort experience of care better, which is a or $1 trillion in annual savings that are around the world today. You could not win-win-win. If we turn away from that possible. Fix that before you go to a do it. But that didn’t mean we win-win-win and instead take the easy, senior who had no part in this, who shouldn’t bet on it. That didn’t mean lazy way of throwing seniors off the cannot help but try to do their best, we shouldn’t pursue it. That didn’t bus and putting Medicare benefit cuts and say to them, we are taking away mean it wouldn’t make a huge dif- on them and let that bus just keep your benefit. That is not the way to ference in the quality of mankind’s life rocketing toward that cliff, that will proceed. That is the wrong way to pro- to be able to have that technological be a moment that will merit the scorn ceed. It is morally wrong and it is lead. of the American people and the shame wrong as a matter of policy. So that is where we are. These five of our own conscience because we will Where I contend we are—and I will principles are a little bit beyond the have done the wrong thing and we will say this in closing—there is a move- Kitty Hawk stage perhaps but not by have done it because it was the easy ment and an industry emerging in the much. If we invest and if we get behind way out. area of health care delivery system re- this, the day will come, and it will I urge the White House not to take form. It is strong in the private sector, come soon, when the quality of health that road and to instead redouble their whether we look at places such as Pal- care each one of us receives—we will efforts on delivery system reform, back metto down the Carolina Coast; look back and we will think, what we Secretary Sebelius in what she is doing Geisinger in the Pennsylvania area; up are getting now, that was canvas and and Don Berwick in what he is doing in the Wisconsin area, Gundersen Lu- wood sticks. That was primitive. We and, most significantly, put a hard theran; out toward Utah, the west, will have personalized electronic date and dollar metric out there so the Inner Mountain; Mayo in Minnesota health care. Companies will emerge to world can evaluate how well the ad- and Florida; or Kaiser, based in Cali- create applications so whatever illness ministration did. If this is as impor- fornia. These are all major American you have, the very best treatment will tant as I think it is, if this is as impor- health care delivery companies that be downloaded so you know what you tant as the administration thinks it is have seen the potential delivery sys- should be doing, when, and it will be by the work they have already dedi- tem reform. They are working hard to adjusted for your blood type and family cated to it, then they should be willing make it happen. They are committed history and gender, if it is a factor that to set for themselves a date and dollar to it, and they are getting results. We makes a difference, and for your body savings target to tell the country: By need to have their back. We need to mass. Whatever it is that is relevant to this date, we will save this many hun- support them as they do this. you getting the best treatment as an dreds of billions of dollars a year But it is never going to be scorable individual, that is the kind of stuff through delivery system reform. If we because this is not a mathematical that will be available. We will aggre- don’t, then it is murk, it is mush. equation where we say: You are not gate the data about what is effective, There is no accountability to it. It is getting this benefit. We are going to and people who have far more bril- generally going in the right direction. take away 20 percent of what you get. liance than I will plow through all the A young President many years ago We are going to run it through the data about America’s health care expe- had a similar opportunity. We were los- same nonsensical system that causes rience and they will start learning ing the space race to the Soviet Union. most of our cost problems and at the things about what works and what He could have said in his speech: I end we are going to say it is going to doesn’t, what two things we didn’t no- think it is time that we bent the curve be 20 percent cheaper. It is easy to do tice are connected. We will start to of America’s space program. I think it the math that way, but it is a pretty find those anomalies or those associa- is time we bent the curve of America’s cruel way, and it is lazy because we tions, and that will open a whole new space exploration. But he didn’t. He need to be in the middle fixing that era of discovery and treatment. Be- said something much more specific. He piece. tween those new applications that will said: Within a decade, the United But it is not arithmetically easy be- guide in a personalized way health care States of America is going to put a cause where we are is like the early for Americans, based on their own data man on the Moon and bring him home stages, I contend, of the airline indus- and based on the best available infor- safely. If President John Fitzgerald

VerDate Mar 15 2010 04:15 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.073 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5697 Kennedy had given that first speech, TATIANA CATHERINE GFOELLER-VOLKOFF, OF THE DIS- MATTHEW ALAN WEILLER, OF NEW YORK TRICT OF COLUMBIA HOYT B. YEE, OF CALIFORNIA we would never have put a man on the BRIAN L. GOLDBECK, OF NEVADA CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE, Moon. The reason we put a man on the DOUGLAS C. GREENE, OF VIRGINIA CLASS OF COUNSELOR, AND CONSULAR OFFICERS AND DOUGLAS M. GRIFFITHS, OF TEXAS SECRETARIES IN THE DIPLOMATIC SERVICE OF THE FRANCISCA THOMAS HELMER, OF CALIFORNIA Moon is because when a President of UNITED STATES OF AMERICA: ALEXANDER KARAGIANNIS, OF MISSOURI the United States sets a hard target for THOMAS PATRICK KELLY, OF CALIFORNIA JAMES B. ANGELL, OF CALIFORNIA the Government of the United States, JAMES ALCORN KNIGHT, OF NEW YORK MICHAEL J. BARELA, OF VIRGINIA JERRY P. LANIER, OF NORTH CAROLINA MAURICE C. CROSSLAND, JR., OF PENNSYLVANIA that vast bureaucracy moves to BARBARA ANNE LEAF, OF VIRGINIA JAN MARIE FLATTUM-REIMERS, OF NORTH DAKOTA achieve that purpose. If the President FRANK JOSEPH LEDAHAWSKY, OF NEW JERSEY MELISSA CLAIRE FOYNES, OF TEXAS EDWARD ALEX LEE, OF TEXAS GLEN A. GERSHMAN, OF MARYLAND of the United States denies that vast DAVID ERIK LINDWALL, OF TEXAS PETER G. GIBBONS, OF VIRGINIA bureaucracy, the clarity of that pur- MICHELLE RABAYDA LOGSDON, OF FLORIDA BARRY L. HANEY, OF FLORIDA SHARON E. LUDAN, OF VIRGINIA PETER S. HARGRAVES, OF TEXAS pose does not give a specific measur- ERIC H. MADISON, OF VIRGINIA LEIGH ANN KIDD, OF VIRGINIA able goal, and it makes that goal far CHRISTOPHER J. MARUT, OF CONNECTICUT ANDRIY R. KOROPECKYJ, OF MARYLAND ATHENA M. MOUNDALEXIS, OF TENNESSEE DOYLE R. LEE, OF FLORIDA less likely to achieve. DANIEL R. MUHM, OF WASHINGTON NIALL E. MEEHAN, OF VIRGINIA So not only do I ask the White House RICHARD A. NICHOLAS, OF COLORADO EDWARD J. MIRON, OF NEW YORK EDWIN RICHARD NOLAN, JR., OF VIRGINIA JOHN S. MORETTI, OF VIRGINIA to turn away from Medicare benefit GEETA PASI, OF NEW YORK KURT E. OLSSON, OF VIRGINIA cuts and redouble their efforts on deliv- MARJORIE R. PHILLIPS, OF VIRGINIA LAWRENCE PAUL OSTROWSKI, OF FLORIDA GEOFFREY R. PYATT, OF CALIFORNIA JOSEPH N. RAWLINGS, OF GEORGIA ery system reform, I ask them to de- PAMELA G. QUANRUD, OF VIRGINIA JIM W. SCHNAIBLE, OF VIRGINIA cide how much they are going to save, MICHAEL A. RAYNOR, OF MARYLAND DANIEL J. WEBER, OF WASHINGTON and by when, and let us know so we can FRANKIE ANNETTE REED, OF MARYLAND THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN NANCY C. ROLPH-O’DONNELL, OF VIRGINIA SERVICE OF THE DEPARTMENT OF COMMERCE TO BE evaluate their success in meeting that ERIC SETH RUBIN, OF NEW YORK CONSULAR OFFICERS AND SECRETARIES IN THE DIPLO- RICHARD MILTON SANDERS, OF PENNSYLVANIA MATIC SERVICE OF THE UNITED STATES OF AMERICA: goal. I promise them every support in DANIEL L. SHIELDS III, OF PENNSYLVANIA reaching that goal. SANDRA JEAN SHIPSHOCK, OF VIRGINIA ROBERT DONOVAN, JR., OF THE DISTRICT OF COLUMBIA KAREN CLARK STANTON, OF VIRGINIA PETER FOWLER, OF THE DISTRICT OF COLUMBIA I thank the Presiding Officer for his MARK CHARLES STORELLA, OF MARYLAND ALBERT KEYACK, OF VIRGINIA patience and yield the floor. ALAINA TEPLITZ, OF THE DISTRICT OF COLUMBIA BARBARA LAPINI, OF VIRGINIA HEATHER ANN TOWNSEND, OF THE DISTRICT OF COLUM- LINDA MINSKER, OF THE DISTRICT OF COLUMBIA f BIA BRENDA VANHORN, OF VIRGINIA HUGH FLOYD WILLIAMS, OF PENNSYLVANIA IN THE COAST GUARD ADJOURNMENT UNTIL 10 A.M. SUSAN L. ZIADEH, OF WASHINGTON THE FOLLOWING-NAMED CAREER MEMBERS OF THE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TOMORROW FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR IN THE UNITED STATES COAST GUARD TO THE GRADE IN- DICATED UNDER TITLE 14, U.S.C, SECTION 271: The PRESIDING OFFICER. Under FOREIGN SERVICE, AS INDICATED: CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE To be rear admiral (lower half) the previous order, the Senate stands OF THE UNITED STATES OF AMERICA, CLASS OF COUN- adjourned until 10 a.m. tomorrow. SELOR: CAPTAIN MARK E. BUTT BRIAN C. AGGELER, OF THE DISTRICT OF COLUMBIA CAPTAIN LINDA L. FAGAN Thereupon, the Senate, at 8:07 p.m., ELIZABETH MOORE AUBIN, OF MARYLAND CAPTAIN THOMAS W. JONES adjourned until Friday, September 16, COLOMBIA A. BARROSSE, OF VIRGINIA CAPTAIN STEVEN D. POULIN GLORIA F. BERBENA, OF CALIFORNIA CAPTAIN JAMES E. RENDON 2011, at 10 a.m. PAUL SIDNEY BERG, OF NEW YORK CAPTAIN JOSEPH A. SERVIDIO RENA BITTER, OF THE DISTRICT OF COLUMBIA IN THE ARMY f STEVEN CRAIG BONDY, OF VIRGINIA PAUL A. BROWN, OF TEXAS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NOMINATIONS RUSSEL BROWN, OF MARYLAND IN THE GRADE INDICATED IN THE REGULAR ARMY IAN G. BROWNLEE, OF MARYLAND NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 AND Executive nominations received by RANDALL C. BUDDEN, OF MICHIGAN 3064: the Senate: KATHRYN A. CABRAL, OF FLORIDA ELLEN MARY CONWAY, OF MARYLAND To be major THE JUDICIARY JOYCE EDITH CURRIE, OF VIRGINIA KELLY A. CRICKS JON F. DANILOWICZ, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RONALD LEE BUCH, OF VIRGINIA, TO BE A JUDGE OF ELIZABETH W. DAVIS, OF CALIFORNIA IN THE GRADE INDICATED IN THE REGULAR ARMY MED- THE UNITED STATES TAX COURT FOR A TERM OF FIF- MICHAEL J. DODMAN, OF VIRGINIA ICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SECTIONS TEEN YEARS, VICE DAVID LARO, TERM EXPIRED. BRUCE E. DONAHUE, OF VIRGINIA 531 AND 3064: DEPARTMENT OF THE TREASURY DALE B. EPPLER, OF WASHINGTON MARTHA E. ESTELL, OF VIRGINIA To be major ALASTAIR M. FITZPAYNE, OF MARYLAND, TO BE A DEP- ANNETTE P. FEELEY, OF THE DISTRICT OF COLUMBIA UTY UNDER SECRETARY OF THE TREASURY, VICE KIM N. ROBERT S. GILCHRIST, OF FLORIDA DAMIAN G. MCCABE WALLACE. LINDA THOMPSON-TOPPING GONZALEZ, OF THE DIS- THE FOLLOWING NAMED OFFICER IN THE GRADE INDI- TRICT OF COLUMBIA DEPARTMENT OF DEFENSE CATED IN THE REGULAR ARMY UNDER TITLE 10, U.S.C., CANDY GREEN, OF CALIFORNIA SECTION 531: ALYSON LYNN GRUNDER, OF VIRGINIA BRAD CARSON, OF OKLAHOMA, TO BE GENERAL COUN- To be major SEL OF THE DEPARTMENT OF THE ARMY, VICE BENE- BONNIE S. GUTMAN, OF THE DISTRICT OF COLUMBIA KATHERINE B. HADDA, OF NEW YORK DICT S. COHEN, RESIGNED. JOHN R. PENDERGRASS KRISTIN M. HAGERSTROM, OF LOUISIANA THE JUDICIARY HELEN H. HAHN, OF VIRGINIA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LISA KENNEDY HELLER, OF VIRGINIA TO THE GRADE INDICATED IN THE RESERVE OF THE KEVIN A. OHLSON, OF VIRGINIA, TO BE A JUDGE OF THE DAVID EDWARD HENIFIN, OF VIRGINIA ARMY UNDER TITLE 10, U.S.C., SECTION 12203: UNITED STATES COURT OF APPEALS FOR THE ARMED KATHLEEN M. HENNESSEY, OF NEW YORK To be colonel FORCES FOR THE TERM OF FIFTEEN YEARS TO EXPIRE PATRICIA K. KABRA, OF THE DISTRICT OF COLUMBIA ON THE DATE PRESCRIBED BY LAW, VICE ANDREW S. EDWARD WESLEY KASKA, JR., OF VIRGINIA ROBERT D. BLACK EFFRON, TERM EXPIRING. KATHLEEN ANN KAVALEC, OF CALIFORNIA GEORGETTE GOONAN FOREIGN SERVICE ATUL KESHAP, OF VIRGINIA TRUDY A. SALERNO MARC E. KNAPPER, OF CALIFORNIA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING-NAMED CAREER MEMBERS OF THE DAVID J. KOSTELANCIK, OF ILLINOIS TO THE GRADE INDICATED IN THE RESERVE OF THE SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF STEVEN HERBERT KRAFT, OF VIRGINIA ARMY UNDER TITLE 10, U.S.C., SECTION 12203: STATE FOR PROMOTION INTO AND WITHIN THE SENIOR JOHN M. KUSCHNER, OF NEW HAMPSHIRE FOREIGN SERVICE TO THE CLASSES INDICATED: KAMALA SHIRIN LAKHDHIR, OF CONNECTICUT To be colonel CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE TIMOTHY LENDERKING, OF THE DISTRICT OF COLUMBIA OF THE UNITED STATES OF AMERICA, CLASS OF CAREER MARK A. LEONI, OF CALIFORNIA JAMES A. CHRISTENSEN MINISTER: MARK STEVEN MAYFIELD, OF TEXAS CHRISTOPHER J. DEMEULENAERE PATRICIA SHEEHAN MCCARTHY, OF VIRGINIA FORD D. PAULSON JOHN ROSS BEYRLE, OF MICHIGAN KATHLEEN A. WILLIAMS ROBERT O. BLAKE, OF MARYLAND JOHN F. MCNAMARA, OF MARYLAND JEFFREY DAVID FELTMAN, OF OHIO WILLIAM R. MEARA, OF NEW YORK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARGARET SCOBEY, OF TENNESSEE STEPHANIE ANNE MILEY, OF VIRGINIA TO THE GRADE INDICATED IN THE RESERVE OF THE HARRY K. THOMAS, JR., OF NEW YORK RICHARD M. MILLS, JR., OF FLORIDA ARMY UNDER TITLE 10, U.S.C., SECTION 12203: PETER F. MULREAN, OF NEW YORK CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, MIREMBE NANTONGO, OF KANSAS To be colonel CLASS OF MINISTER-COUNSELOR: WILLIAM A. OSTICK, OF GEORGIA MATTHEW J. CONDE CHARLES V. BARCLAY, OF CALIFORNIA NANCY BIKOFF PETTIT, OF VIRGINIA RAYMOND FEELEY JOHN R. BASS II, OF NEW YORK JOAN POLASCHIK, OF VIRGINIA MICHAEL E. GAFNEY ROBERT STEPHEN BEECROFT, OF CALIFORNIA EMILIA A. PUMA, OF VIRGINIA DANE S. HARDEN RICHARD C. BEER, OF VIRGINIA RICHARD S. SACKS, OF VIRGINIA GARY J. MCKAY PHILIP JACKSON BREEDEN, OF CALIFORNIA JO ANN E. SCANDOLA, OF THE DISTRICT OF COLUMBIA OWEN F. MUELLER PETER MEIER BRENNAN, OF OREGON ANDREW J. SCHOFER, OF THE DISTRICT OF COLUMBIA VICTOR M. PALOMARES SCOTT P. BULTROWICZ, OF OHIO JEFFREY R. SEXTON, OF FLORIDA BEATRICE A. CAMP, OF VIRGINIA GARY LEE SHEAFFER, OF VIRGINIA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JUDITH BETH CEFKIN, OF TEXAS ADNAN A. SIDDIQI, OF TEXAS TO THE GRADE INDICATED IN THE RESERVE OF THE ANDREW GILMAN CHRITTON, OF TEXAS ANDREW D. SIEGEL, OF CALIFORNIA ARMY UNDER TITLE 10, U.S.C., SECTION 12203: PETER CLAUSSEN, OF FLORIDA LAWRENCE ROBERT SILVERMAN, OF VIRGINIA To be colonel THOMAS FREDERICK DAUGHTON, OF NEW YORK TERESA FAYE STEWART, OF TENNESSEE PANAKKAL DAVID, OF NEW YORK MARY E. TARNOWKA, OF CALIFORNIA LEE A. ADAMS JOSEPH ADAM ERELI, OF THE DISTRICT OF COLUMBIA MARK TONER, OF MARYLAND ROXANNE M. ARNDT RODNEY ALLEN EVANS, OF VIRGINIA CONRAD ROBERT TRIBBLE, OF CALIFORNIA BEVERLY A. BLAIR PAUL MICHAEL FITZGERALD, OF VIRGINIA KATHERINE VAN DE VATE, OF TENNESSEE PATRICIA M. BRIGHAM THOMAS R. GENTON, OF NEW JERSEY LEO F. VOYTKO, JR., OF VIRGINIA NANCY A. CANTRELL

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DIANE L. CASSELL CAROL STPIERRE ELENOR G. JESSEN MARY A. COLBERG JODENE M. STRONG DOROTHY JOHNSON VALERIE COLEMAN PATRICIA L. TENHAAF VICKI L. NOLIN JOHN N. ELZIE CHRISTIAN L. TOLLIVER THE FOLLOWING NAMED OFFICERS IN THE GRADE IN- SUSAN M. FITZGERALD MARK A. YOUNG DICATED IN THE REGULAR ARMY UNDER TITLE 10, U.S.C., NANCY P. GRIEGO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SECTION 531: GARY J. GROSSI TO THE GRADE INDICATED IN THE RESERVE OF THE GLORIA HARRIS ARMY UNDER TITLE 10, U.S.C, SECTION 12203: To be major LAVONNA J. HEATH NATHAN W. BLACK DIANNE JACKSON To be colonel GREGORY L. CATO CINDY B. KATZ KATHIE S. CLARK TROY G. DANDERSON TRISHA E. KILIANY RONALD D. EARDLEY SHERRIE L. LAKES NANCY L. MCLAUGHLIN KATHRYN A. MARTIN f JAMES D. MELSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CATHLEEN M. NELSON TO THE GRADE INDICATED IN THE RESERVE OF THE CONFIRMATION DARLENE M. NICHOLS ARMY UNDER TITLE 10, U.S.C. SECTION 12203: SUSAN M. PALMER To be colonel Executive nomination confirmed by BARBARA J. PILAK MARILYN E. RICHMONDJOHNSON LYNN R. GAYLORD the Senate September 15, 2011: JOAN M. RUTTLEKING SIERRA A. GOWER DEPARTMENT OF STATE JOY A. SAARI NATALIE R. HIGHLEY ROBERT T. SHORT CAROLYN A. HUNT WENDY RUTH SHERMAN, OF MARYLAND, TO BE AN JAN L. SHRINER MARION J. JARRETT UNDER SECRETARY OF STATE (POLITICAL AFFAIRS).

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