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

Vol. 158 WASHINGTON, THURSDAY, MARCH 29, 2012 No. 52 Senate The Senate met at 9:30 a.m. and was from the State of New Mexico, to perform nies have made more than $1 trillion— called to order by the Honorable TOM the duties of the Chair. that is not billions; it is ‘‘T,’’ trillions. UDALL, a Senator from the State of DANIEL K. INOUYE, They have also taken home billions of New Mexico. President pro tempore. dollars in taxpayer subsidies—our Mr. UDALL of New Mexico thereupon money they have also taken—to add to PRAYER assumed the chair as Acting President those grossly exaggerated profits. They pro tempore. The Chaplain, Dr. Barry C. Black, of- get these subsidies they do not need. fered the following prayer: f You do not need to take my word for Let us pray. RECOGNITION OF THE MAJORITY it. Even oil executives admit an indus- Eternal God, our dwelling place in all LEADER try making hundreds of billions of dol- generations, help us to run when we lars in profits every year does not need The ACTING PRESIDENT pro tem- a handout from the American tax- can, to walk when we ought, and to pore. The majority leader is recog- wait when we must. payer. nized. Former Shell CEO John Hofmeister Give our lawmakers this day the wis- f said a decade of high gas prices is in- dom to follow Your guidance. Illu- centive enough for oil companies to minate them with Your Divine Light, SCHEDULE drill for more oil: providing them with a discernment Mr. REID. Mr. President, following My point of view is that with high oil greater than their own. Sustain them leader remarks, the Senate will resume prices, such subsidies are [totally] unneces- by the radiant vision of the ultimate consideration of the motion to proceed sary. triumph of Your truth. May they sense to S. 2230, the Paying A Fair Share We agree. So do almost 80 percent of Your presence and make this day one Act, with the time until 11:30 a.m. the American people. There is no rea- of constant inner conversation with equally divided and controlled between son for these companies—five compa- You. Lord, give them a productive day the two leaders or their designees. The nies last year made $137 billion—to as they cast their burdens on You. majority will control the first 30 min- need subsidies from the American tax- We pray in Your merciful Name. utes and the Republicans the next 30 payer. Amen. minutes. So today Senate Republicans are f The filing deadline for second-degree going to have a chance—another amendments to S. 2204 is 10:30 a.m. this chance, another opportunity—to show PLEDGE OF ALLEGIANCE morning. Americans where they stand on this The Honorable TOM UDALL led the At 11:30 a.m., there will be a cloture issue. I hope they will allow us to in- Pledge of Allegiance, as follows: vote on the Repeal Big Oil Tax Sub- voke cloture on this and to complete I pledge allegiance to the Flag of the sidies Act. this legislation today. They appear United States of America, and to the Repub- The Transportation bill expires at poised, however—what I have heard lic for which it stands, one nation under God, the end of this month, so that will have from my friends on the other side of indivisible, with liberty and justice for all. to be addressed before we leave this the aisle—to pick the pockets of Amer- f week. We are waiting to see what the ican taxpayers in order to line the House is doing. As I think a lot of peo- pockets of these oil executives. APPOINTMENT OF ACTING ple know, they have tried, the Repub- But unless we vote to repeal these PRESIDENT PRO TEMPORE lican leadership there has tried, to wasteful giveaways, the country will The PRESIDING OFFICER. The bring up a bill on two separate occa- spend another $25 billion over the next clerk will please read a communication sions. They had to bring it down be- decade making these rich oil compa- to the Senate from the President pro cause they did not have the votes to nies that much richer. tempore (Mr. INOUYE). pass what they wanted. So I assume The oil executives who benefit from The assistant legislative clerk read something will pass over there—I this bad policy—and the Republicans the following letter: guess. We have been waiting all week. who go to bat for them—want you to U.S. SENATE, I am confident they can scrounge up believe repealing taxpayer subsidies PRESIDENT PRO TEMPORE, 218 votes. will increase gas prices. It is not true. Washington, DC, March 29, 2012. f The only effective way to bring down prices at the pump is to reduce our re- To the Senate: BIG OIL SUBSIDIES Under the provisions of rule I, paragraph 3, liance on foreign oil. of the Standing Rules of the Senate, I hereby Mr. REID. Mr. President, over the We have made progress toward that appoint the Honorable TOM UDALL, a Senator past decade, the five major oil compa- during the Obama years. For almost

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

S2187

.

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.000 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2188 CONGRESSIONAL RECORD — SENATE March 29, 2012 the 4 years he has been in office, do- nologies such as solar, wind, advanced The assistant legislative clerk read mestic oil production has increased batteries, and even next-generation ve- as follows: every year, and America’s dependence hicles. We can give innovators the Motion to proceed to Calendar No. 339 (S. on foreign oil has decreased every year. tools they need to bring the next elec- 2230) a bill to reduce the deficit by imposing Everyone should hear again what I tric car or advanced solar panel from a minimum effective tax rate for high-in- said: During the Obama years, domes- the drawing board to the boardroom. come taxpayers. tic oil production has increased, de- As most everyone knows, my wife The ACTING PRESIDENT pro tem- pendence on foreign oil has decreased. has not been well, so I have not been pore. Under the previous order, the Last year, America used a lower per- going to Nevada as much as I had over time until 11:30 a.m. will be equally di- centage of foreign oil than at any time the 30 years I have been here. But I am vided and controlled between the two in almost two decades, thanks to Presi- going out this coming week because leaders or their designees, with the ma- dent Obama’s smart energy policies. she is doing much better. One of the jority controlling the first 30 minutes We have heard speeches in the last cou- people I am going to visit next week is and the Republicans controlling the ple days here in effect saying: Drill, a man by the name of Byron Georgiou, second 30 minutes. baby, drill. We are doing a good job. We who has developed a company for elec- Mr. LAUTENBERG. Madam Presi- cannot produce our way out of this tric cars. I am looking forward to that. dent, I ask unanimous consent that the mess we are in. America controls less They are a manufacturer there in Ne- order for the quorum call be rescinded. than 2 percent of the oil in the world. vada. It is programs like this that we The PRESIDING OFFICER (Mrs. We use more than 20 percent of it. And need. We need to give innovators the GILLIBRAND). Without objection, it is so even though we are doing better—and tools they need to bring the next elec- ordered. that is good—we must lessen our de- tric car, as we have in Nevada, or ad- BIG OIL SUBSIDIES pendence. We must become energy vanced solar panel from the drawing Mr. LAUTENBERG. Madam Presi- independent. And we can do that. board to the boardroom, and we can dent, I rise today in a moment when There are huge discoveries of natural pay down the deficit with the money America is in crisis, and I don’t think gas that the Republicans voted against that is left over. But we cannot do any we are paying appropriate attention to using. Can you imagine that? A bipar- of that if we continue to give taxpayer the problems that befall our society. tisan bill, Menendez-Burr, to use the dollars to the most profitable corpora- There are still too many people out of natural gas. We have more natural gas tions in the world—corporations that work, too many people who can’t afford reserves than any other country in the made, as I indicated, a record $137 bil- health care presently, and too many world. So we wanted to start a program lion in profits last year. It is easy to people who can’t educate their children here: Why don’t we use some of it? keep track of because there are only because they don’t have the means. Boone Pickens—by the way, who is not five of them, these multinational cor- They are struggling. Millions of homes a Democrat—it is his idea, joined by porations. are still on the edge of foreclosure. And others: to move the big fleets we have. This morning, when the Republicans here we see a situation that is unac- Millions of these 18-wheelers every day consider whether to put oil company ceptable under any stretch of the use all this fuel unnecessarily. We coffers ahead of taxpayers’ wallets, I imagination. could convert these to natural gas— hope they consider this fact: The five I rise today to talk to the American less polluting, easier on the engines. major oil companies raked in last year people who are struggling every week But the Republicans voted against $260,000—it is actually more—more to provide the necessities for family that. I guess the oil companies would than $260,000 in profits every minute of life. At the same time, I ask my Repub- rather we use their oil. every day for 1 year. They did not take lican colleagues why they would insist The prices at the pump continue to Christmas off. It was still made during on continuing tax subsidies—gifts, rise. That is because chanting, as I Christmas: $265,000 a minute. During really—to multibillion-dollar oil com- said, ‘‘drill, baby, drill’’ is not a com- Thanksgiving, New Year’s, they got panies at the expense of ordinary, hard- prehensive solution to this Nation’s en- the money; more than $260,000 a working, middle-income families. ergy problems, including high gas minute. That is a huge amount: $260,000 Right now, these families are forced to prices. We know what is going on in in profits every minute—every come up with $4 per gallon—$60 to $80 the Middle East. We know there are minute—24 hours a day, 7 days a week. dollars, typically—to fill the tank complicated issues. We need to con- It takes a typical family 5 years to every time they have to go to the gas earn what those oil companies took tinue responsible domestic oil explo- station. That is a huge burden. The big home in profits in a single minute last ration. But we cannot drill our way to five oil companies have made almost $1 energy independence, as I have said. year. American families are struggling. trillion in profits in the last decade. America must also invest in clean en- Big oil companies are not. Before my Look at how much money these compa- ergy technologies that will free us from Republican colleagues vote to send an- nies made in the last year alone. It was our addiction to oil over the long term. other taxpayer dollar to Big Oil, I hope a record $137 billion between the big President Obama was in Nevada last they will consider the $260,000 a five oil companies. week. Between a place called Railroad Look at them: ExxonMobil—these minute, and I hope they will make the Pass and my home in Searchlight, right decision as we vote at 11:30 today. poor guys need a subsidy. They only there is a huge what we used to call a made $41 billion—$41 billion—in a sin- dry lake. On that—Boulder City now f gle year. Look down the list. The last owns that real estate—they have al- RESERVATION OF LEADER TIME of the five must believe that trying to lowed huge construction projects of Mr. REID. Mr. President, would the catch up is pretty tough. They only solar. You drive by that—it used to be, Chair announce the business of the made $12 billion. That is Conoco, the when I was a little boy, we would drive day. last. In 1 year, they made $12 billion. by that dry lake, and if you looked out The ACTING PRESIDENT pro tem- Given how well these companies are there, it looked as though there was pore. Under the previous order, the doing, why are we giving them billions water. It was a mirage. Now it is not a leadership time is reserved. of dollars in tax breaks? The legisla- mirage. It looks like a lake because f tion we are voting on today presents a there are all those solar panels—more better idea. It says we should end these than a million of them there producing IMPOSING A MINIMUM EFFECTIVE tax breaks and instead invest in clean huge amounts of energy, nonpolluting. TAX RATE FOR HIGH-INCOME energy solutions that can break our That is the way it should be. We should TAXPAYERS—MOTION TO PRO- dangerous dependence on oil. do lots more of that. CEED Investing in renewable energy has Repealing $24 billion in lavish sub- The ACTING PRESIDENT pro tem- helped launch industries that create sidies to oil companies would pay for pore. Under the previous order, the jobs and clean up our air and provide those clean energy investments, with Senate will resume consideration of homemade — homemade — American money to spare. With the savings, we the motion to proceed to S. 2230, which power. Clean energy is also our best can help move forward proven tech- the clerk will report. chance to break through spiraling gas

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.002 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2189 prices and our reliance on foreign oil. county made $16 million. This poor guy Again, I don’t mind companies mak- One would think our colleagues on the at Chevron made $16 million by him- ing profits, but when the profits come other side of the aisle would want to self, and the others would leave all of in almost blood money, when you put a stop to the punishing effects of those in that county way behind. A sin- think of the effect gasoline has on fam- higher and higher gas prices on middle- gle oil company CEO made more in 1 ily life, it is unfair, it is indecent, and income working people. Why wouldn’t year than all the people in that county it is improper. they want to end America’s dependence put together. These hard-working peo- With that, I yield the floor. on fossil fuels and eliminate needless ple are already contributing to the in- RECOGNITION OF THE MINORITY LEADER tax breaks for oil companies? Two come of oil executives whenever they The PRESIDING OFFICER. The Re- words: Big Oil. fill up their gas tanks. Is it fair to ask publican leader is recognized. Big Oil is doing all it can to protect them to chip in with their tax dollars Mr. MCCONNELL. Our friends on the their tax breaks. Even a retired chair- to pay even more toward these record- other side, the Senate Democrats, have man and CEO of Exxon said it is not setting salaries? put on a clinic this week on how not to necessary; they do not need it. But Over the last 10 years, CEO pay at run a serious legislative body. If they they are taking it. Big Oil is doing all Exxon and Chevron has more than tri- have achieved anything at all, it is to it can to protect their tax breaks, and pled. Over the same period, gas prices make Americans even more frustrated the Republicans are lining up to help have nearly tripled. The picture is with Congress, as if that were possible. Big Oil. clear: Working people are struggling to Faced with skyrocketing gas prices, It is time to tell the truth. Making fill up their tanks while oil executives Senate Democrats turned to a bill that oil companies pay their fair share in are struggling to carry their big fat even they admit doesn’t lower them. taxes is not going to raise the price of paychecks to the bank. It is almost be- Then, to make matters worse, they gas, contrary to what they publish. It yond belief that Senators are lining up blocked Republicans from offering any- just means Big Oil executives might to protect tax breaks for oil compa- thing that might. That was their bril- have to trim their sail a little bit and nies—some Senators, I say—beyond be- liant plan on how to deal with gas share in the problems we have. A long lief. prices: raise taxes on energy compa- time ago when I was a soldier, we had I say to them: Mind your responsibil- nies, when gas is already hovering an excess profits tax for companies ities. You were elected not just by oil around $4 a gallon, then block consid- that made, in a way, unconscionable company executives or even oil com- eration of anything else just to make amounts of money based on the situa- pany employees. Let’s focus on the sure gas prices don’t go anywhere but tion our country was facing. So it is hard-working Americans who are pay- up. just a matter of sharing some of the re- ing more and more at the gas pump, Somehow they thought doing this sponsibility our country has in order to the clean energy workers who might would set up some kind of political win keep everybody feeling as though they lose their jobs, and our men and women for them, which, frankly, I don’t under- are participating in the American in uniform who put their lives on the stand. I mean, I can’t imagine anybody dream, not a nightmare. line to protect oil supplies. giving them any high-fives for not low- While millions of Americans are The American people know these sub- ering gas prices. But, anyway, that was struggling every week to pay their sidies are unnecessary, that they are obviously the plan. It appears to have bills, everybody should take a look at ineffective, and they are immoral con- fallen short because now they want to how much oil companies are paying sidering the conditions that exist in move off this issue and on to another their executives. Here is a fellow who our society. Continuing to subsidize oil political vote to yet another debate personally runs ExxonMobil, the CEO, companies only increases our depend- where the goal isn’t to make a dif- and he was paid $29 million last year. ence on dirty fuels. It keeps us on a ference but, rather, to make a point— That is what I said, $29 million. Conoco dead-end road to sky-high energy bills, to increase taxes not lower prices at Phillips’ CEO received $18 million, and more oilspills, and dangerous pollution the pump. Chevron’s exec made $16 million in in- levels. Well, I don’t expect this next vote come in 1 single year. So I call on my colleagues to kick will have the political punch they ex- By the way, that is from money Big Oil off of the welfare rolls and in- pect either. But that is the Democratic earned for an essential product. When vest in clean energy jobs. Let’s end the plan anyway. It is getting quite tedi- we look at gasoline, it almost com- industry’s tax breaks and break our ous. Day after day after day, Senate pares to having medicines available be- country’s addiction to oil and other Democrats all choose to come out here cause when we look at the cost of gaso- dirty fuels. Let’s invest in clean energy not so we can make an actual dif- line, we might ask: What would it take and smart transportation, not wind- ference in the lives of working Ameri- to educate all the children who can falls for oil industry executives and cans and families struggling to fill the learn? Way less than we see dem- lobbyists. Let’s make certain our chil- gas tank, but so we can watch them onstrated on these charts and their dren and our grandchildren inherit a stage votes for show. For some reason balance sheets. Working men and country that is fiscally sound, morally they thought they would put some po- women in this country on average responsible, and free from its depend- litical points on the board this week if make just over $27,000 a year—$27,000 a ence on oil. the American people saw them voting year. Let’s not worry about the oil compa- for a tax hike we all knew ahead of I don’t begrudge high profits. I really nies. They can take care of themselves. time didn’t have the votes to pass. don’t. I ran a big company, a company Let’s stop this drain on our society, That didn’t work. If anyone has any I helped start, which has 45,000 employ- this drain on working-class citizens. doubt about that, just ask yourself why ees. It is a huge company. It is a com- Let’s pay attention to the millions and they were moving to actually get off of pany that calculates the employment millions of people in America who say: it. Now they think they will score po- records every month. The company is Just give us a chance, give us a chance litical points by staging another vote called ADT. So I don’t mind big profits. to make a decent living; give us a on a tax hike we know doesn’t have the The question is, Who are you taking chance to educate our children; give us votes to pass. them from and how critical is the prod- a chance to keep our jobs; give us a None of this makes sense to me. But uct they are being forced to buy? Right chance to maintain our homes; get us that is how the Democrats have chosen now, people are paying an average of off the possible foreclosure line. That to run this place. If they want to keep $3.91 per gallon of gas. is what we are looking for. trying to distract the American people What about the people who live in That is the purpose of this legisla- from the fact they do not have any so- other places? We picked at random a tion—to say to the American people: lutions to the problems we face, that is county in Mississippi. The county is Look in this Chamber, Mr. and Mrs. their prerogative. But that is not going called Issaquena County. Last year, the America. Look in this Chamber and see to keep Republicans from talking entire income for all the people in that the people who are supporting Big Oil about ours. That is not going to keep county who were working was just over profit fattening. Look at those who are us from trying to actually make a dif- $16 million. All the people in a single supporting these profits. ference around here.

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.005 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2190 CONGRESSIONAL RECORD — SENATE March 29, 2012 Surveys show two-thirds of Ameri- The President said it would lower As I have already stated on the floor, cans disapprove of the way the Presi- costs. It is, in fact, raising costs. Pro- these were very severe tornadoes, with dent is handling high gas prices. ponents said it would create jobs. Now at least 11 funnel clouds confirmed by We know high gas prices are having a we know it means fewer jobs. The the National Weather Service to have negative impact on Americans’ daily President said families would save on touched down in my State, blowing at lives. So we think the American people their premiums. They are, in fact, wind speeds up to 125 miles an hour. are entitled to this debate. They sent going up. He said people would be able We know 24 Kentuckians lost their us to do something other than put on a to keep the insurance they have and lives and more than 300 were injured. show, and that is why we will continue like. They will not. CBO’s most likely Many homes, churches, schools, and to insist on a serious debate. prediction finds 3 to 5 million Ameri- places of business were destroyed. The majority leader frequently com- cans will lose their current plan every Scenes of destruction still exist across plains there isn’t any time to focus on single year. The President said he the State in places such as Magoffin priorities such as cybersecurity, postal would protect Medicare, but, instead, County, Menifee County, Kenton, Mor- reform, and the Export-Import Bank, the law raids Medicare for over $500 bil- gan, Laurel, Lawrence, Martin, Pu- not to mention maybe passing a budget lion, cutting billions from hospitals, laski, Johnson, and Trimble, all those for the first time in 3 years. Yet he nursing homes, hospices, and Medicare counties in my State which were seems to find the time to hold not one Advantage. among the hardest hit. but two political show votes on tax The President promised the Amer- Kentuckians are working hard to re- hikes. ican people their taxes wouldn’t go up build. I am pleased to say that despite The way I see it, the American people one penny. Two years later, the Amer- the tragedy of lives lost, families griev- didn’t send us to score political points. ican people found out their taxes will ing, and memories destroyed forever, As I said, they sent us to make a dif- be going up by more than $550 billion. there is some good news to report; that ference. So I will be voting against this The Joint Committee on Taxation is, how inspiring it is to see so many tax hike on American energy manufac- found no fewer than 11 separate taxes good-hearted Kentuckians come to- turers, and I would urge my colleagues and penalties that fall squarely on the gether to provide for their neighbors in to do the same. middle class. the wake of these tornadoes. I hope that when the Senate returns Remember the CLASS Act? The ad- Take, for example, the congregation in April, Democrats will have heard ministration said it would be fiscally of Arthur Ridge Baptist Church in the from their constituents and will focus stable and would reduce the deficit. A town of East Bernstadt, located in Lau- on jobs and prices at the pump—rather couple months ago, it was determined rel County. Thanks to the leadership of than the latest political vote. to be unsustainable and was shut down Pastor Steve Smith, Arthur Ridge Bap- Mr. REID. Madam President, if my before it even began. tist Church opened its doors within friend would yield. I have a unanimous The President told the American peo- hours of the storm’s end to provide consent request. ple, ‘‘Federal conscience laws will re- food and shelter for those who needed Mr. MCCONNELL. I will be happy to main in place.’’ Two years later, he it. yield. turned around and gave his approval to Pastor Smith kept the church doors The PRESIDING OFFICER. The ma- HHS to mandate that religious-affili- open for 24 hours a day and served up jority leader. ated schools, universities, hospitals, to 700 meals a day to local residents Mr. REID. Madam President, I ask and charities would have to violate who had no food, no kitchen, and no unanimous consent that the cloture their religious tenets or pay a hefty home to call their own. According to vote on S. 2204, which is currently set fine. Pastor Smith, people from all over the for 11:30, be moved to start at 11:15. Finally, the health care law will in- area pitched in. Folks from different The PRESIDING OFFICER. Without crease Medicaid rolls by nearly 25 mil- churches worked to prepare meals, and objection, it is so ordered. lion people, costing already cash- many residents donated items such as Mr. REID. Members should not be strapped States another $118 billion— dishes, silverware, toiletries, pillows, worried about this because we will money many Governors, including Ken- and blankets for care packages to dis- keep the vote open until at least noon. tucky’s, don’t know where to get. tribute to the victims of the storm. So everybody who was scheduling to This law is bad for Kentucky, it is Local businesses did their part too. The vote at 11:30 can still do that. bad for the country, and it is bad for nearby Little Caesar’s pizza in London Madam President, I suggest the ab- health care. Americans don’t want it. gave away 120 pizzas in 1 day, soon sence of a quorum. Regardless of what the court decides after the tornadoes. Many other local The PRESIDING OFFICER. The this summer, it should be repealed and restaurants donated food as well. clerk will call the roll. it should be replaced. It should be re- Thanks in part to the efforts of Pas- The legislative clerk proceeded to placed with commonsense reforms that tor Smith and the congregation of Ar- call the roll. lower costs and that Americans actu- thur Ridge Baptist Church, life is just Mr. MCCONNELL. Madam President, ally want—reforms that protect jobs a little bit better for many in East I ask unanimous consent that the order and State budgets, reduce the deficit, Bernstadt. At first, the church had to for the quorum call be rescinded. reform entitlements, and strengthen tend to people’s most immediate and The PRESIDING OFFICER. Without Medicare. ‘‘simple needs—water, a hot meal, an objection, it is so ordered. One broken promise is one too many. air mattress to sleep on,’’ says Pastor HEALTH CARE This law is full of broken promises Smith, who is a Laurel County native Mr. MCCONNELL. Madam President, from top to bottom. and has been the pastor at Arthur we have all been following what has Two years ago, then-Speaker PELOSI Ridge now for 6 years. He says, how- been going on across the street this said we would have to pass this bill to ever, ‘‘People are over the shock and week with great interest. While we all find out what was in it. Now we know. awe.’’ have our preferences, none of us knows The American people have had a Weeks after the tornadoes passed, the at this point how the Supreme Court chance to decide for themselves. They church was still open 14 hours a day, will rule. But one thing we should all don’t like it. They want it repealed, distributing 125 to 150 meals a day and be able to agree on is that the Presi- and that is what we plan to do. running a clothing distribution center. dent’s health care bill is a mess, an ab- TORNADO RELIEF Pastor Smith’s latest focus was on solute mess. Madam President, I once again share finding a place to set up donated wash- The American people clearly don’t with my colleagues stories of the ing and drying machines so local storm like it. Polls show the majority want heartbreaking events in my home victims without homes can actually the law repealed. More than two-thirds State of Kentucky in the aftermath of clean their clothes. of the public, including most Demo- the horrific wave of storms and torna- Over 3,500 people have registered to crats, believe the core of this bill is un- does that ravaged my State, along with volunteer in the region, and as of last constitutional. It is loaded, literally several others in the Midwest, earlier week over 25,000 meals had been served loaded with broken promises. this month. to displaced families.

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.006 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2191 This is just one story of how many College, which also traveled to Laurel severe the destruction is, and how hard Kentuckians have joined together to County to help. The team stacked wood the people of Kentucky are working to help the least fortunate in my State. from downed trees, cleared debris from rebuild and lift their neighbors out of Hawk Creek Baptist Church in Laurel backyards, and helped a man move a the dire circumstances that the cruel County, First Baptist Church of East displaced steel roof that the tornado forces of nature have put so many of Bernstadt, and Trinity Freewill Bap- had deposited in his yard. them in. tist Church of Martin County also Union College dean of students It is thanks to altruistic and gen- opened their doors to provide shelter Debbie D’Anna was responsible for erous Kentuckians like Pastor Steve and relief to displaced Kentuckians and sponsoring the trip, while the school’s Smith, among many others, that I am the volunteers working to help them in campus food services donated snacks confident that the Kentuckians hurt by the days after the disaster struck. and bottled water, and James Jimerson these storms will recover. I and my Jim Paul, director of the organiza- of the school’s physical plant loaned staff throughout the State have heard tion called Ken-Tenn Relief Team, was out tools. Local businesses, such as so many heart-warming stories like the in East Bernstadt the morning after Knox Hardware and Pope’s Lumber, do- few I have just shared that it would not the storms with food supplies. He nated work and cleaning supplies. be possible for me to recite them all on trucked in a tractor-trailer load of do- Many faculty, staff and students of this Senate floor. nated food and other items and person- Union College donated items such as But I hope that the few stories I have ally volunteered dozens of hours in at food, clothing, and other essentials. shared are more than enough to reas- least three counties to aid storm vic- In Salyersville, a town in Magoffin sure my colleagues, the people of Ken- tims. County, the block known as ‘‘Res- tucky, and the world that we Kentuck- In Morgan County, the local Appa- taurant Row’’ was hit by a tornado and ians are stout of heart and firm in our lachian Regional Healthcare hospital nearly every restaurant on it de- resolve. We will prevail over this trag- suffered serious damage. Every second- stroyed. One of the few left was a Dairy edy. We will rebuild towns like East floor window of the hospital was lit- Queen owned by Doug and Sue Bernstadt to be better than they were erally blown out, doors were torn off Mortimer. before. And the families of Kentucky their hinges, and part of the roof was On the night of the storms, they will hopefully one day heal the wounds ripped off. Dozens of people were in- opened their restaurant, running on in their hearts and continue on. jured and the patients had to be evacu- generator power, and served free meals TRIBUTE TO LAURA DOVE ated to nearby hospitals. to the volunteers working to clean up Madam President, I know I have in- Luckily, Martie and Teresa Johnson, the wreckage. convenienced the Senator from Geor- owners of a nearby Wendy’s restaurant, Several Home Depot stores in Ken- gia, but I have one more rather brief stepped in to help. They served 450 hot tucky and Indiana contributed to the comment. I would like to say a few meals to the cleanup crew who came in relief efforts as well. In the West Lib- words about Laura Dove, who is leav- to repair the Morgan County ARH hos- erty area, district manager Becky ing us this week, sitting right here at pital and also traveled to Salyersville Young and store manager Jim House- the table on the Republican side of the and gave away food there. holder coordinated donations of ap- Chamber in the well. One television station in Hazard, proximately $2,600, and Jim’s store em- For C–SPAN2 watchers out there, WYMT, held a telethon to raise money ployees were out immediately after the Laura is the assistant secretary for the for victims across the State. I was storm handing out paper towels, trash minority. We wish she were the assist- pleased to play a small part in that ef- bags, and gloves to relief volunteers. ant secretary for the majority, but she fort myself, as the television station Other Home Depot stores in Ken- is assistant secretary for the minority, asked me to record a greeting describ- tucky and Indiana, led by district man- which means she is one of the people ing the devastating effects of the tor- ager Tim Choate and district human who make this place run every day but nados. The people of the region raised resource manager Lee Ann Bruce, do- whose names you don’t hear on the over $180,000 in the telethon for dis- nated thousands of dollars’ worth of rollcall. aster relief. products such as chainsaws, gloves, She has put in her time, starting out The local J.C. Penney of Corbin do- respirators, tarps, water, and trash as a page in high school and later mov- nated clothing and shoes to area ele- bags to organizations such as the ing to the Republican cloakroom. She mentary school students, and the em- Henryville Fire Department and local did a stint at the Senate Republican ployees of the store took up a collec- United Way chapters. And store em- Conference and the National Repub- tion to donate winter, spring, and sum- ployees volunteered to assist those or- lican Senatorial Committee. And then mer clothing for the children. ganizations in the recovery. Dave Schiappa, the Secretary for the ‘‘Some of [the employees] don’t have Lowe’s stores in Kentucky have also Minority, hired her back into his shop a lot to give, but when this came up, pitched in, providing gloves, tarps, about 10 years ago. they all wanted to know what else we shovels, bleach, and other supplies to And she’s done a fabulous job. Senate needed,’’ says Tiffany Flint, the Corbin communities all across the State. In work is in Laura’s DNA. Her dad’s a J.C. Penney store manager. addition to over $300,000 donated by the past Senate parliamentarian. And she’s We hope it will help the children to look company to relief efforts after the been an invaluable member of the floor good and feel good. We just wanted to do this storms, the Lowe’s district manager team for as long as I can remember— to help them get back on their feet. for Kentucky, Stephen West, dis- counseling members on the floor, work- The men’s soccer team from Ken- patched ‘‘Lowe’s Heroes,’’ store em- ing with committees to clear legisla- tucky’s University of the Cumberlands ployees who are volunteering their tion, and doing countless other essen- donated some of their time to help the time and construction know-how. tial tasks, big and small, that nobody less fortunate. Head soccer coach Local Walmart stores in Kentucky as watching from home would even no- Brenton Benware, his staff, and nearly well as the company’s foundation have tice. 30 student athletes drove to East provided tens of thousands of dollars’ She always has a smile, always han- Bernstadt to help clean up debris in the worth of water, cleaning supplies, baby dles the pressure down in the well with area. food, diapers, and more to help the a cool-head, and I know she’s been an ‘‘Going . . . was just another re- community. Bob Gound, the market anchor for Dave over the years. So we minder of how blessed we really are,’’ human resources manager for Walmart will miss having her around. said Coach Benware. ‘‘I think we were locations in eastern Kentucky, has And we wish her all the best as she all deeply affected by what we saw and taken the lead in coordinating these ef- moves onto other things. reminded how important it is to serve forts. And local store employees are I know she wants to travel with her and help our neighbors in times of making bag lunches and handing them husband Dan, and her two children need.’’ out in the hardest-hit Kentucky com- Jakey and Abby. I don’t think any of While there, the University of the munities. us would be surprised if Laura came Cumberlands soccer team may have I have seen firsthand in my recent back. But for now, I thank her for her run into the soccer team from Union visits to the Bluegrass State both how service to the Senate.

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.008 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2192 CONGRESSIONAL RECORD — SENATE March 29, 2012 I yield the floor. that the President clarify what ‘‘this’’ school, and learned one principle of The PRESIDING OFFICER. The Sen- meant and how flexibility would be ap- free enterprise and competition: prices ator from Georgia. plied if he were reelected as President are determined by supply and demand. Mr. ISAKSON. I would note that it is of the United States for this reason: In If your supply goes down and your de- never an inconvenience to be deferred the President’s letter to the Senate to mand goes up, your prices go up. On by a beautiful lady, and again I take endorse the New START treaty and ask the contrary, if the supply is plentiful all the remarks made by the leader for its ratification, he said the fol- and demand goes down, your prices go about Ms. Dove, and I would add one lowing: that he pledged in his message down. You can blame gas companies, thing about the best and greatest insti- to the Senate on the New START trea- presidents’ salaries, anything you want tution in America, the U.S. Senate, ty ‘‘to continue development and de- to blame; the fact is, we are talking and that is that a young mother of two ployment of all stages of the Phased out of the side of our mouth—and par- has become an institution to herself. Adaptive Approach to missile defense ticularly in the administration—when Laura, we appreciate all you have in Europe, including qualitative and it comes to exploration for natural re- done. quantitative improvements to such sources in the United States of Amer- MISSILE DEFENSE system.’’ That is a unilateral state- ica, and only can we become energy Mr. ISAKSON. Madam President, I ment. independent when we develop all of our rise to talk about two specific subjects, I met with Vice President JOE BIDEN resources. I support that. I drive a hy- one of them a very troubling comment in his office outside this Chamber dur- brid car. I am not just somebody who picked up by a microphone that was ing the debate. Vice President BIDEN talks about it, I believe it is important. not believed to be live, made by Presi- committed the administration in terms It reduces my consumption, it extends dent Obama to President Medvedev of of continuing on missile defense. I met my miles per gallon, and it is better for the environment. Russia. It is a troubling comment to with Secretary of State Clinton. I met But we have proven through the me because I spent most of the pre- with Ellen Tauscher, who was one of the chief negotiators and chief Solyndra and other cases that some of vious year in the Senate as a member the alternative energy sources were ei- of the Foreign Relations Committee operatives, a former Member of the House working for the State Depart- ther not perfected or frankly just don’t working on the New START treaty, work. So while we are developing ones ment. There was never any wiggle which the Senate adopted with 71 fa- that do, we should be robustly explor- room nor need for flexibility. The vorable votes a year ago, a treaty that ing in the gulf, in Alaska, in the Mid- United States was committed to mis- is a treaty on offensive missiles, not west, in the Northwest, and offshore, sile defense in Europe, we remain com- defensive missiles nor strategic mis- such as my State of Georgia, the re- siles. mitted to this day, and it is important sources we know exist to raise the sup- It is a treaty that began under Ron- that the President reaffirm that and it ply of petroleum in the United States ald Reagan, was ratified by George not be in any way confused or blurred and lower the price to the American H.W. Bush shortly after the fall of the by the comments picked up by that taxpayer. Berlin Wall, was extended under microphone. It is too important to the All four sources of energy that are George W. Bush and terminated a cou- country, it is too important to this safe and reliable should be promoted. ple of years ago and needed to be re- body, and it is too important to me for That includes nuclear energy. I am newed. It is a treaty that did three us to be able to trust the words of each very proud and I am thankful to the things. First of all, it reduced offensive other, not to find out sometime later President that he issued the loan guar- weapons held by the Russians and the that they want flexibility to possibly antee on the first reactors licensed in Americans; second, gave us unilateral move from those words. Nuclear de- this country since 1978. They are in access to Russia and the Russians uni- fense clearly is very sensitive with the Plant Vogtle in Augusta or Burke lateral access to us to trust but verify Russians, and I understand that. If County, GA. But his Chairman of the the warheads that existed; and third, there are negotiations on that, that Nuclear Regulatory Commission voted new identification systems and ought to be in the open, not after we no on that final approval. He was out- holographs that made it almost impos- have time for flexibility. It ought to be voted 4 to 1, but he voted no. That sible to hide or mimic nuclear war- forthright. sends a signal that we may talk on one heads. It is a comprehensive treaty I also would like to add that there is hand about having robust development that is important to America, impor- another missile defense issue that of all resources, but when it comes to tant to the free world, and, quite looms out there that we have to pay playing our hand on the actual vote, frankly, important to Russia. attention to. Israel is surrounded by we really don’t do it. The same thing is I would like to quote from the Wash- missiles with warheads to injure the true with the Keystone Pipeline. You ington Post exactly what the President people of that country and take the can’t just approve the pipeline to the was picked up as having said when he country down. A missile defense sys- south without connecting it to the was talking to Mr. Medvedev after tem for Israel would be equally as im- north because if you do, you don’t get their official conversation. portant as missile defense deployment the petroleum. I quote from the Washington Post: would be for the Eastern European We can blame whomever we want to On all these issues, but particularly mis- countries. blame, but the fact is facts are stub- sile defense, this, this can be solved— So missile defense was a vision of born, and supply and demand is what I underline, nobody knows what Ronald Reagan’s, continued under dictates price. We should robustly be ‘‘this’’ means— every President of the United States exploring the natural resources of the but it’s important for him to give me space. since Ronald Reagan, and it is impor- United States for America to have less tant that we remain committed to it. I dependence on foreign oil and more de- President Medvedev said back: believe it is particularly important to pendence on our own oil where we Yeah, I understand. understand what the President said, know we have resources. We should pay Then the President said the fol- particularly on missile defense, what attention to our environment and rec- lowing: ‘‘this’’ meant when he asked for flexi- ognize that no country in the world has This is my last election. After my election, bility, because there should be no wig- done a better job in the modern era I [will] have more flexibility. gle room in our desire to protect and since the industrial revolution of That flexibility obviously refers back defend democracy not only in the cleaning up its environment than the to ‘‘this,’’ which was in the first com- United States but around the world. United States of America. No one looks ment. Madam President real quickly, we after their environment harder than So as a continuing member of the talked all week about gas prices, and the United States of America. We owe Foreign Relations Committee, one who there has been a lot of demonization it to our people to look equally hard at is proud of the work we did on the from both sides. I am a pretty simple the cost of gasoline, the price of petro- START treaty but one who under- guy. I was a businessman for 33 years, leum, and the robust exploration of our stands particularly the commitments went and got a degree in college in own natural resources here at home for of the country, I think it important business, studied economics in high less dependency overseas.

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.012 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2193 I yield the floor and defer to the Sen- Other folks have also adopted this The PRESIDING OFFICER. Without ator from Louisiana, who has a lot of approach. Senator SCHUMER, our col- objection, it is so ordered. offshore resources of his own. league in this Chamber, recently wrote There being no objection, the mate- The PRESIDING OFFICER. The Sen- Secretary of State Clinton on February rial was ordered to be printed in the ator from Louisiana. 28, 2012, just a few weeks ago: RECORD, as follows: Mr. VITTER. Madam President, I rise To address this situation— [From the Washington Post, Mar. 29, 2012] to talk about one of the most pressing Meaning the price at the pump— PETROCHINA PRODUCED MORE OIL THAN challenges Louisiana families—indeed, INDUSTRY GIANT EXXON MOBIL IN 2011 most American families—face, and I urge the State Department to work with (By Associated Press) that is the price at the pump and the the government of Saudi Arabia to increase enormous hit that is to their family its oil production, as they are currently pro- NEW YORK.—A big shift is happening in Big ducing well under their capacity. Oil: an American giant now ranks behind a budgets, their pocketbooks, their wal- Chinese upstart. lets. It is really making life very dif- Begging Saudi Arabia is not an ade- quate solution, and it is not a policy Exxon Mobil is no longer the world’s big- ficult in the midst of a very weak econ- gest publicly traded producer of oil. For the omy. worthy of America. first time, that distinction belongs to a 13- A few years ago the price was $1.84. President Obama’s own Energy Sec- year-old Chinese company called That was on the day Barack Obama retary Secretary Chu said even more PetroChina. The Beijing company was cre- was sworn in as President of the United recently, on March 20 of this year: ated by the Chinese government to secure States. Now it has more than doubled; We’re very grateful that Saudi Arabia has more oil for that nation’s booming economy. it is $3.80-plus. It seems to be rising extra capacity and it feels confident that it PetroChina announced Thursday that it every day, and that is a real crisis to a can fulfill any potential deficits, at least the pumped 2.4 million barrels a day last year, surpassing Exxon by 100,000. The company lot of American families. We should be way the current markets are now, the cur- rent demand I should say, are now. has grown rapidly over the last decade by committed here in the Senate, here in squeezing more from China’s aging oil fields Washington, to connecting with the Again, begging Saudi Arabia, begging and outspending Western companies to ac- real world and focusing on real prob- the Middle East, begging other coun- quire more petroleum reserves in places like lems and real crises. For millions of tries, that is not an adequate policy Canada, Iraq and Qatar. It’s motivated by a Louisiana and American families, that and it is not a policy worthy of Amer- need to lock up as much oil as possible. is absolutely it. Unfortunately, I don’t ica. The company’s output increased 3.3 per- see real solutions and a real policy to President Obama has done a world cent in 2011 while Exxon’s fell 5 percent. address that coming out of the Presi- tour doing some of this in other coun- Exxon’s oil production also fell behind tries. Notably, on March 20, 2011, when Rosneft, the Russian energy company. dent or some of my colleagues on the PetroChina’s rise highlights a fundamental Senate floor. Right now, to the minute, my part of the country was still strug- difference in how the largest petroleum com- as we speak on the Senate floor, the gling with the de facto moratorium in panies plan to supply the world as new de- President is speaking at the White the Gulf of Mexico, a permit logjam posits become tougher to find and more ex- House, and he is laying out his pro- blocking us from producing good, reli- pensive to produce. posal to raise taxes on domestic energy able American energy, putting Ameri- Every major oil company has aggressively companies and domestic oil and gas cans, Louisianans to work, the Presi- pursued new finds to replace their current production. That is not a policy that is dent went to Brazil to beg them to wells. But analysts say Western oil firms produce their resources and to promise like Exxon Mobil have been more conserv- going to help Louisiana and American ative than the Chinese, mindful of their bot- families with the price at the pump. In them that the United States would be tom line and investor returns. With oil fact, it is a policy that is going to a great customer. Quote: prices up 19 percent in 2011, they still made make it worse and not better. We want to help you with the technology money without increasing production. Folks get it in the real world. They and support to develop these oil reserves PetroChina Co. Ltd. has a different mis- certainly do in Louisiana. When we in- safely. And when you’re ready to start sell- sion. The Chinese government owns 86 per- crease taxes on something, those are ing, we want to be one of your best cus- cent of its stock and the nation uses nearly costs that almost every business, if tomers. At a time when we’ve been reminded every drop of oil PetroChina pumps. Its appe- they possibly can, is going to pass on how easily instability in other parts of the tite for gasoline and other petroleum prod- world can affect the price of oil, the United ucts is projected to double between 2010 and to consumers. That is pushing prices States could not be happier with the poten- 2035. up, not down. tial for a new, stable source of energy. ‘‘There’s a lot of anxiety in China about It is also the first rule of economics, He means drilling in Brazil. I have to the energy question,’’ says energy historian as my colleague from Georgia said, Dan Yergin. ‘‘It’s just growing so fast.’’ supply and demand. If we tax some- say this was like rubbing salt in the While PetroChina sits atop other publicly thing more, we get less of it. If we in- wound to most Louisianans. As I said, traded companies in oil production, it falls crease taxes on domestic energy pro- this was March 2011, a year ago, and we well short of national oil companies like ducers, on domestic oil and gas, we will were still suffering from a continuing Saudi Aramco, which produces nearly 8 mil- get less of it. Less supply means the de facto moratorium that the Presi- lion barrels a day. And Exxon is still the big- dent had imposed following the BP in- gest publicly traded energy company when price goes up. So those are two compel- counting combined output of oil and natural ling reasons this proposal is not going cident. So he was going to Brazil and urging them to drill, urging them to gas. PetroChina ranks third behind Exxon to help Louisiana families and Amer- and BP in total output of oil and natural gas. ican families with their struggles with explore, committing America to that, PetroChina is looking to build on its mo- the price at the pump. It is going to and refusing to do it in America in the mentum in 2012. make it even worse, when it has been Gulf of Mexico. That is not a common- ‘‘We must push ahead,’’ PetroChina chair- getting worse on its own for a lot of re- sense solution. That is not a real-world man Jiang Jiemin said in January. lated reasons, very dramatically. So policy. That is not a policy worthy of PetroChina has grown by pumping every- that is not a policy. That is not a com- America. None of this begging is. thing it can from reserves in China, esti- mated to contain more than 6.5 billion bar- monsense or a real-world solution. Other countries do have an energy policy, and it is not begging; it is de- rels. It drilled thousands of oil wells across Likewise, one of the few other things vast stretches of the nation’s northern grass- I have heard from the President in veloping. It is controlling their own fu- lands. Some of those fields are ancient by in- terms of this matter is essentially beg- ture. Very recently in the press there dustry standards, dating close to the begin- ging other countries to increase their have been reports that PetroChina has ning of China’s communist government in production. I don’t think that is a pol- now become the leading company pub- the 1950s. icy worthy of America either. I think licly traded in terms of production of The commitment to aging fields distin- the perfect symbol for that approach is oil, far surpassing Big Oil and all the guishes PetroChina from its biggest Western the President bowing to the princes of other companies that have been de- rivals. Exxon and other major oil companies Saudi Arabia. It is a symbol of his ap- monized by my colleagues on the left typically sell their aging, low-performing fields, or they put them out of commission. proach of trying to deal with the price on the Senate floor. PetroChina also has been on a buying at the pump, and it is not good enough Madam President, I ask unanimous spree, acquiring new reserves in Iraq, Aus- and it is not worthy of the American consent to have the press report print- tralia, Africa, Qatar and Canada. Since 2010, people. ed for the RECORD. its acquisitions have totaled $7 billion, about

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.013 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2194 CONGRESSIONAL RECORD — SENATE March 29, 2012 twice as much as Exxon, according to data U.S. resources to do it in terms of loan kets to finance a record-setting $224 billion provider Dealogic. guarantees, and the President abso- investment plan. China’s national develop- Several other Chinese companies have be- lutely promised we would be a great ment bank offered a $10 billion loan on the come deal makers around the globe as well. customer. condition that Petrobras ship oil to China Total acquisitions by Chinese energy firms for 10 years. jumped from less than $2 billion between 2002 The Brazilians are not traveling the A chunk of Brazil’s oil real estate appeared and 2003 to nearly $48 billion in 2009 and 2010, world begging. The Brazilians are con- on China’s portfolio in 2010, when Sinopec according to the International Energy Agen- trolling their own destiny. The Brazil- agreed to pay $7.1 billion for 40 percent of cy. More times than not, the companies are ians are responsibly developing their Repsol-YPF of Brazil, which has stakes in paying above the industry average to get own resources, and our President even the now internationally famous Santos those deals done. applauds that while refusing to do the Basin, and the Sapinhoa field, which has an It’s making some in the West nervous. same in this country. estimated recoverable volume of 2.1 billion In 2005, for example, CNOOC Ltd., a com- Madam President, I ask unanimous barrels. Statoil of Norway also agreed that pany mostly owned by the Chinese govern- consent to have the press report print- year to sell 40 percent of the offshore ment tried to buy American oil producer Peregrino field to Sinochem. Unocal. U.S. lawmakers worked to block the ed in the RECORD. Last year, Sinopec announced it would buy deal, asking President Bush to investigate The PRESIDING OFFICER. Without 30 percent of GALP of Brazil, a Portuguese the role the Chinese central government objection, it is so ordered. company, for $3.5 billion. GALP has interests played in the process. Chevron Corp. eventu- There being no objection, the mate- in the Santos Basin and a 10 percent stake in ally bought Unocal for $17.3 billion. rial was ordered to be printed in the the massive Lula field. ‘‘There’s a resistance to Chinese invest- RECORD, as follows: ‘‘The $5.2 billion cash-in we will get from ment in (U.S.) oil and gas,’’ Morningstar an- [From the Washington Times, Jan. 19, 2012] Sinopec is paramount for our strategy in alyst Robert Bellinski says. ‘‘It’s like how Brazil,’’ GALP CEO Manuel Ferreira de Japan was to us in the 1980s. People think CHINA GETS JUMP ON U.S. FOR BRAZIL’S OIL— Oliveira told Bloomberg News. they’re going to take us over. They’re going TWO EXPORT PACTS A COUP FOR BEIJING ‘‘It will give us a rock-solid capital base as to buy all of our resources.’’ (By Kelly Hearn) we enter a decisive investment period at the That’s unlikely to happen. It doesn’t make BUENOS AIRES.—Off the coast of Rio de Ja- Santos Basin. This operation values our ex- economic sense to export oil away from the neiro—below a mile of water and two miles isting Brazilian assets at $12.5 billion and is world’s largest oil consumer. of shifting rock, sand and salt—is an really a landmark for the company and for But the Chinese could make it tougher for ultradeep sea of oil that could turn Brazil our shareholders.’’ Big Oil to generate returns for their share- into the world’s fourth-largest oil producer, News reports in December said Sinopec is holders. China’s oil companies have been behind Russia, Saudi Arabia and the United the current favorite to buy stakes in Bra- willing to outspend everyone and that drives States. zilian oil owned by Britain’s BG Group, up the price of fields and makes it more ex- The country’s state-controlled oil com- which also has interests in the massive fields pensive for everyone to expand. pany, Petrobras, expects to pump 4.9 million of Carioca, Guara, Lula and Lara. ‘‘You now have to outbid them,’’ says barrels a day from the country’s oil fields by On Jan 8., the French company Perenco Argus Research analyst Phil Weiss. ‘‘If you 2020, with 40 percent of that coming from the announced it was selling Sinochem a 10 per- can’t, you’re going to have access to fewer seabed. One and a half million barrels will be cent stake in five offshore blocks located in assets.’’ bound for export markets. the Espirito Santos Basin. Some of the Longer term, Chinese expansion globally The United States wants it, but China is transactions still await approval by Brazil’s will bring benefits to the U.S. and other getting it. government. economies. By developing as many oil wells Less than a month after President Obama In December, Venezuelan Oil Minister as possible—especially in Africa, Iraq and visited Brazil in March to make a pitch for Rafael Ramirez publicly reiterated his gov- other politically unstable regions—China oil, Brazilian President Dilma Rousseff was ernment’s commitment to an oil refinery will help expand supply. off to Beijing to sign oil contracts with two joint venture with Petrobras. ‘‘Frankly, the more risk-hungry producers huge state-owned Chinese companies. That project reportedly is set to be funded there are, the more oil will be on the mar- The deals are part of a growing oil rela- by China’s national development bank. Some ket, and the cheaper prices are,’’ says Mi- tionship between the two countries that, news reports have quoted the head of China’s chael Levi, an energy policy expert at the thanks to a series of billion-dollar agree- development bank saying that new deals Council on Foreign Relations. ments, is giving China greater influence over with Brazil are under consideration. Despite its swift expansion, PetroChina Brazil’s oil frontier. James Williams, an energy economist with and other Chinese companies still have much Chinese oil companies are pushing to meet the U.S. consulting group WTRG Economics, to prove to investors, analysts say. mandatory expansion targets by inking deals said the Chinese are taking on big risks with PetroChina’s parent, China National Pe- across Africa and Latin America, but they ultra-deep-water investments. troleum Corp., for example, has spent mil- are especially interested in Brazil. ‘‘But for them, the benefits are greater, as lions of dollars in Sudan to provide high- ‘‘With the Lula and Carioca discoveries they become partners with companies that ways, medical facilities and shuttle buses for alone, Brazil added a possible 38 billion bar- have better technology and expertise,’’ he the elderly. Oil companies typically don’t do rels of estimated recoverable oil,’’ said Luis said. that. All of that increases the cost of busi- Giusti, a former president of Venezuela’s ness and minimizes the returns for share- state oil company, PDVSA, referring to the Mr. VITTER. According to recent holders. new Brazilian oil fields. press reports, there is a budding and In 2009 and 2010, PetroChina’s profit mar- ‘‘That immediately changed the picture,’’ building relationship between Brazil gins for its exploration and production busi- he said, adding that Brazil is on track to be- and China, and China is taking advan- ness were only about two-thirds that of come ‘‘an oil giant.’’ tage and forming contracts to take ad- Exxon Mobil’s. Its stock price has climbed During Mrs. Rousseff’s visit to China, Bra- vantage of that resource. We should less than 1 percent, in the past year, com- zil’s Petrobras signed a technology coopera- learn a thing or two from other folks pared with a 3.7 percent rise in the stock of tion deal with the China Petroleum & Chem- around the world, and we should not Exxon Mobil Corp. ical Corp., or Sinopec. ‘‘You have to ask yourself: What is the Petrobras also signed a memorandum of just beg; we should build and develop. purpose of PetroChina?’’ Bellinski says. ‘‘It understanding with Sinochem, a massive We should take our own future into our is to fuel China. That’s it. Although they’re state-owned company with interests in en- own hands, and we have an enormous a public company, I’m very skeptical that ergy, real estate and agrichemicals. opportunity to do that. they have any interest in shareholder value The Sinochem deal aims to identify and The United States is actually the sin- creation.’’ build ‘‘business opportunities in the fields of gle most energy-rich country in the Mr. VITTER. The Chinese are not exploration and production, oil commer- world, bar none. When we look at total cialization and mature oil-field recovery,’’ going around the world begging. The according to Petrobras. energy resources, we lead the world. Chinese are developing. The Chinese The relationship with China goes back to Russia is second, and other countries are trying to control their own destiny, at least two years before Mr. Obama came to follow way behind. Saudi Arabia is and PetroChina is now the leading Brazil to applaud the oil discovery and tell third but cannot compare in terms of company in terms of producing oil. Mrs. Rousseff: total resources. No Middle Eastern Petrobras in Brazil is another exam- ‘‘We want to work with you. We want to country can compare, and China is ple. Brazil is developing its resources help with technology and support to develop below that. We have the resources. We these oil reserves safely, and, when you’re very aggressively. That is what I re- ready to start selling, we want to be one of are the single most energy-rich coun- ferred to when the President went your best customers.’’ try in the world, and this map shows it. there a year ago and applauded them China rescued Petrobras in 2009, when the We have enormous reserves, particu- and encouraged them with giving them oil company was looking at tight credit mar- larly shale in the West, natural gas in

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.020 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2195 finds on land, and offshore enormous most pressing issues we face today be- way through developing wind, solar, potential of reserves of oil. Literally, cause the price at the pump directly and hydrogen technologies as well as there are hundreds of years’ worth. So impacts our everyday lives, and Arkan- tapping into the vast majority of nat- what is the problem? The problem is we sans are telling me they are worried ural resources our country is blessed are the only country in the world that about what it is doing to their bottom with. puts well over 90 percent of those re- line. The reality of our country’s non- sources off-limits and doesn’t develop Americans are frustrated with the in- existent energy policy is it forces us to them, but we can do better. crease in the cost of gas, and rightfully rely on the Middle East for oil. We im- We can reasonably, responsibly, and so. In my home State of Arkansas, the port about 9 million barrels of oil every safely open that access. We can do cost for a regular gallon of gas is up 22 day, half of our supply. This is costly what Brazil is doing; we can do what cents from a month ago according to to our economy, our citizens, and it China is doing. We do not have to beg. AAA. The letters, calls, e-mails and threatens our national security. This is We can have a policy worthy of Amer- Facebook posts I receive from Arkan- the only developed country in the ica and Americans. We can take con- sas are saying the same thing. It is world that refuses to use its natural re- trol of our own destiny. harder to fill their tanks while making sources. Opening Alaska’s Wildlife Ref- What will that mean? It will mean ends meet. uge and increasing offshore exploration great U.S. jobs, which by definition Arkansas families are faced with on the Outer Continental Shelf is a cannot be outsourced. We cannot have tough choices because the rising prices step in the right direction that puts us a domestic energy job producing good, are dipping into their family’s dispos- on a path of energy independence. We reliable energy in the United States able income. The increase in the price can boost our domestic energy supply and outsource it to China or India. We of gas puts a strain on family budgets. through the development of the Key- will build more energy independence, Earlier this week I hosted a townhall stone XL Pipeline. The proposed 1,700- not having to beg Saudi Arabia or go to with Arkansans throughout the State. mile pipeline would transport 700,000 Brazil as a customer or anything else. While I expected the major discussion barrels of oil per day from Canada to We will even increase revenue to lower to be about this issue, I was surprised U.S. refineries in the gulf coast and deficit and debt. After the Federal in- at how much it dominated the con- allow us to get reliable and secure oil come tax, the biggest source of revenue versation. During the event we took an from our largest trading partner and to the Federal Government is royalty informal poll asking participants if the trusted ally. Unfortunately, while I or revenue on domestic oil production. increase of gas has forced significant support this project and voted in favor It is second only to Federal income changes in their daily habits. Seventy- of it several times in this Chamber, the tax. It would be enormous new revenue eight percent of those who answered project was rejected by the majority to reduce deficit and debt. And, of said the price had a significant impact. after President Obama took the time course, we can help lower the price at Sarah, from Mountain Home, AK, to lobby his Members to vote against it the pump. We can increase supply, said on her Facebook page that the in- after vetoing the project earlier this which lowers the price. crease in gas prices has forced her fam- year. So I urge us to do what the American ily to allocate more money for fuel ex- There is no time like today to pass people want us to do: to adopt common penses, which leaves less money for legislation to fully utilize the re- sense, to adopt a real policy, and to food, making it frustrating. Sarah and sources we have been blessed with in take control of our own destiny. Beg- other Arkansans should not have to our country, but this should not come ging is not a policy, at least not one choose between getting gas to get to at the cost of our energy producers. worthy of Americans. This tax proposal work and the necessities they need in Mr. President, I yield the floor. to increase taxes on U.S. oil companies the household. The PRESIDING OFFICER (Mr. and domestic oil production is not a Chris from Mena, AK, wrote that he BROWN of Ohio). The Senator from policy that will do anything but in- notices an increase in the price of gro- Michigan. crease the price at the pump, decrease ceries. He said: Ms. STABENOW. Thank you very supply, and that is the opposite of what People should be aware of how fuel costs much, Mr. President. If the Chair we need. Let’s do what will make a dif- affect everything we buy and do. would please let me know when I have ference: increase supply, control our I agree with Chris because the in- used 5 minutes, I would appreciate own destiny, and do more right here at creased price for gas adds to the trans- that. home. portation costs that are passed along We have a very important vote in I yield back the floor. to consumers. front of us that goes to the question of The PRESIDING OFFICER. The Sen- Donnie Smith, the CEO of the whether consumers are going to con- ator from Arkansas. Springdale-based Tysons Food, told the tinue to be held hostage by basically RISING TO THE OCCASION Arkansas Business Journal that with having one energy source at the pump Mr. BOOZMAN. Madam President, in Springdale as a price point, there has or whether we are going to give com- a moment I am going to speak about been an increase of more than 55 per- petition to the oil companies and if we energy. But, first of all—as I was wait- cent in the cost of diesel in the past 5 are going to give consumers choice. ing to have the opportunity to do years. This is significant because the I believe we need to do everything; this—I want to thank Senator MCCON- company uses fuel to transport feed to there is no question about that in my NELL for giving us an update on what is family farmers, chickens to and from mind, but that doesn’t mean having a going on in Kentucky. We do a lot of the farms, and the finished products to Tax Code that has embedded in it for very important things here. One of the customers around the world. almost 100 years special tax breaks and things I am going to talk about, en- American families and businesses de- subsidies for the oil companies, and the ergy, is one of the most important, and serve a plan that will help bring down other new clean energy alternatives yet it is good to hear the stories of or- the prices at the pump. The legislation that are growing and creating jobs in dinary Americans doing extraordinary before this Chamber proposed to raise our country do not have the same things. This truly is what our country taxes on American energy producers. treatment. In fact, they limp along is all about, and my thoughts and pray- This will not change supply and de- with a tax cut that expires every year, ers are with the people of Kentucky. mand, as Senator ISAKSON talked about not sure if it is going to continue, But it is so refreshing—we talk a lot a few minutes ago. These are basic which is what is happening right now. about our problems, but the strength of truths. Supply and demand does con- People are losing their jobs right now America is people like the folks in trol costs. This will do nothing to that. in the areas of wind production and Kentucky and all throughout America Again, hard-working Americans will other areas because they are not sure who rise to the occasion as they need be left with the bill as a result if this what is going to happen. Yet we give to. bill were passed. I believe the better preferential treatment to an industry The increasing price of gas is a costly way begins with adopting an energy right now whose top five companies are reminder of how dependent our country strategy that increases production of making about $260,000 a minute—a is on foreign oil. This is one of the American energy in a clean, efficient minute. For people in Michigan, the

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.023 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2196 CONGRESSIONAL RECORD — SENATE March 29, 2012 average wage does not equal $260,000 a Finally, one of the CEOs actually are an undersupply of oil as well as an year, yet $260,000 a minute in profits said: Well, I did not say we would be instability in some countries where a for the oil companies, and we as cus- raising gas prices at the pump. I did substantial amount of oil is produced. tomers, as consumers, have the great not hear anyone else say that, either. To address these issues, I want to privilege of on the one hand paying So that is what they said. They were produce more American oil on Amer- whatever they want to charge at the not willing to go on record as saying ican soil. I want to see more oil pro- pump because there are no alternatives they would raise the prices at the duced in regions like the ANWR. I want and not enough choices, and at the pump. to determine what technology is need- same time out of the other pocket we Instead of throwing huge government ed to recover the nearly 800 billion bar- get to subsidize them. handouts at some of the most profit- rels of oil shale that the Rand Corpora- One hundred years ago those sub- able companies ever, we should be pay- tion has suggested are recoverable. I sidies probably made a lot of sense. I ing down the debt and we should be want to see permits granted in areas of am sure I would have voted for them as providing tax cuts for the jobs and the Wyoming so we can develop our State’s we were starting the new industrial new alternatives for the future, and I coal bed methane. We also want to see economy and incentivizing the produc- urge my colleagues to support this more wind turbines and solar energy tion of oil certainly made sense. I still very important bill. panels in places where they make support the efforts for small businesses Thank you, Mr. President. sense. and local efforts, but the top five com- Mr. ENZI. Today I wish to discuss Republicans truly support an ‘‘all of panies do not need taxpayer subsidies high gasoline prices and to express my the above’’ approach. We support tradi- right now when they have the highest concern that the legislator we are de- tional sources like coal, oil, and nat- profits of any business in the world. bating will only cause the price at the ural gas. We support alternative So what are we talking about? We pump to increase. We need to have a se- sources like wind and solar. And our are talking about—in tough times and rious debate about energy policy in the record shows that to be the case. budget deficits and when we need to be Senate. We have not passed substantial President Obama claims to support focused on jobs and getting us off of energy legislation since 2007, and with- an ‘‘all of the above’’ approach. How- ever, his record shows something dif- foreign oil—making choices that make out a sound energy policy, we will con- ferent. Earlier this week, his adminis- sense for the future and not the past. tinue to see price instability. tration released a rule that will make That means closing down these special Unfortunately, the legislation we are it exceedingly difficult to build a coal- subsidies for the top five companies debating is not that sound energy pol- fired power plant in the future. That that, again, are earning profits of icy. Instead, it is an effort at political action follows his administration’s de- about $260,000 every single minute, and theater, designed to force a vote on a cision in 2010 to put a moratorium on turning those dollars over to new clean proposal that the majority finds politi- leasing in the Gulf of Mexico and their energy alternatives such as biofuels, cally popular. decision to put in place policies that wind, solar, electric batteries, and all Republicans understand that the make it more difficult to develop nat- problem we face today will not be of the things that need to happen—in- ural resources on our Federal lands. solved by taxing the five largest oil cluding natural gas, which my col- President Obama claims to support companies. Unlike the majority, we un- league from New Jersey has been a natural gas—at the same time his ad- derstand that you cannot expect to champion of—so that we actually have ministration seeks to stop hydraulic lower energy prices when you increase real competition and we can actually fracturing, the tool that has allowed us taxes. Increasing taxes will lead to go look at the price at the pump and to access our abundant natural gas re- higher prices. say, you know what, it is too much; I serves. am going to do something else. I want to see lower prices, and so I President Obama also claims that We are beginning that process with oppose S. 2204. Instead of passing this there isn’t a silver bullet to bring new electric vehicles and I am proud legislation, the Senate should take up prices down. That may be true, but if that those are being made in Michigan. any one of the ideas my colleagues and you add up all of his administration’s We have advanced biofuels right now. If I have proposed. efforts to hold up American energy pro- we didn’t have advanced biofuels at the The Senate should pass legislation to duction, there are a number of meas- pump in the few places we do, we would approve the Keystone XL Pipeline so ures we could undertake to make our actually see prices a dollar higher on we can obtain more of our energy from situation better. Unfortunately, the average than they are right now. So Canada as opposed to countries like legislation we are debating today is not there is a little bit of competition, but Saudi Arabia. The Senate should pass one of those measures. we have a long way to go. legislation to prohibit the EPA from What’s further unfortunate about S. This bill takes dollars from subsidies implementing its greenhouse gas pol- 2204 is that it is an attempt to punish that are no longer needed, that don’t icy—which will make it more difficult a sector of our economy that is doing make sense from the American tax- to use our most abundant, domestic en- well. The oil and gas sector has created payers’ standpoint or an energy stand- ergy source—coal—to power our homes, jobs during the recession and employs point, and turns them over to continue businesses, and daily lives. more than 9 million American workers. 19 different tax cuts for entrepreneurs, The Senate should pass legislation to It is a sector that employs a lot of peo- small businesses, and those who are open up more areas of the Outer Conti- ple in my State. In 2010, more than creating the new clean energy alter- nental Shelf to exploration and produc- 21,000 workers were employed in the oil natives in the future. tion, and should require the adminis- and gas industry in Wyoming. Instead Some of my colleagues on the other tration to grant permits for responsible of punishing these companies for their side have said that taking away gov- energy development. We should also success, we should be finding ways to ernment subsidies will increase prices. pass legislation to open up a small area work with them so they can put more It is amazing to me that somehow Fri- of the Arctic National Wildlife Refuge, Americans back to work. day seems to increase prices; Memorial ANWR, to energy development. It is valuable to have a discussion Day seems to increase prices. I think Any one of those actions would have about energy like we have had this whatever the market will bear in- a much more positive impact on our week. It allows us to point out the dif- creases prices. But when the CEOs of Nation’s energy situation than the leg- ferences between the vision we offer of the big five companies came to the Fi- islation we are debating today. S. 2204 more production and more jobs versus nance Committee I actually asked is an effort to punish the Nation’s five the vision of our colleagues on the them—because folks are saying taking largest energy companies because oil other side, which is essentially higher away government subsidies for them prices are high. taxes and higher energy prices. When will increase prices. I said: How much Republicans stand ready to have a se- we have finished voting on S. 2204, do we have to pay you to bring down rious debate on energy because we which everyone acknowledges will fail, the price? Give me a number. How know our policies are the best solution we should sit down and have a full de- much do we have to pay you to bring for achieving energy security. We rec- bate about our energy future. I am con- down the price? ognize that the problems we are facing fident that our vision is the right one if

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.024 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2197 we want an America that has a secure U.S. taxpayers subsidize these hugely nical difficulties than drilling in shal- energy future. profitable oil companies to the tune of low water or on shore. I urge my colleagues to oppose S. over $2 billion dollars per year, year The ocean currents on the surface 2204. after year. and in the water column exert torque Mrs. FEINSTEIN. Mr. President, I Some Members of Congress still be- pressure on the pipes and cables, which rise to speak in support of the Repeal lieve these subsidies lead to lower gas are longer and heavier. Big Oil Tax Subsidies Act, which I have prices, despite all evidence to the con- The ocean pressure increases dra- cosponsored. trary. matically at depth, and the pressure in This legislation would repeal five As Severin Borenstein, the codirector a well can exceed 10,000 pounds per specific tax subsidies and a royalty re- of University of California Center for square inch. lief provision to the largest oil compa- the Study of Energy Markets, recently The volume of drilling mud and fluids nies, which simply do not need them said: is greater, and many technical proce- and which our Federal Government The incremental change in production that dures can only be accomplished with definitely cannot afford. And this bill might result from changing oil subsidies will the use of remotely controlled robots would invest the savings from repeal- have no impact on world oil prices, and thousands of feet below the surface. ing these subsidies to extend vital therefore no impact on gasoline prices. Methane hydrate crystals form when clean energy incentives that have re- According to an analysis by the Con- methane gas mixes with pressurized cently expired. It would also save bil- gressional Research Service, repealing cold ocean waters, and the likelihood lions of dollars in order to reduce the tax subsidies for Big Oil would not re- of these crystals forming increases dra- deficit. sult in higher gasoline prices. matically at a depth of about 400 me- This is a simple vote, really. If you CRS concludes that because the cur- ters. are for subsidizing profitable and pol- rent $100-per-barrel price of oil far ex- This crystallization repeatedly im- luting industries and raising taxes on ceeds the cost of production, it is un- peded efforts to stop the gushing oil clean, innovative, and renewable en- likely that a small increase in taxes and was a primary reason it took so ergy companies, you should not sup- would reduce output in a manner that long to stop BP’s Deepwater Horizon port this bill. But if you are for fiscal decreases supply resulting in higher spill. responsibility, balancing the Federal gasoline prices. Bottom line: the risks of drilling for budget, and investing in a cleaner en- Yet these subsidies continue. oil in thousands of feet of water are far ergy industry that is less dependent on This bill eliminates five tax subsidies higher than other oil exploration meth- international oil markets and sup- that lower the tax burden for oil com- ods, and spills are both ecologically pliers, you should vote yes. panies without producing a public ben- devastating and hard to stop. If you are against increasing taxes on efit. American taxpayers should not fore- clean energy sources such as wind, These changes will prevent oil com- go revenue in order to incentivize this solar, and energy efficiency, you should panies from deducting things like pay- most dangerous form of offshore drill- vote yes. And if you believe that we ments to foreign governments and also ing. It is not good environmental pol- cannot afford to spend Federal dollars prohibit oil companies from claiming icy, and it is not good energy policy ei- subsidizing an industry that needs no that oil production is ‘‘domestic manu- ther. help, you should vote yes. facturing’’ deserving of incentives de- I believe that global warming is the Oil prices have risen to well above signed to help manufacturers compete biggest environmental crisis we face, $100 per barrel, and according to AAA, with Chinese factories. and the biggest culprit of global warm- California currently has the highest This legislation also includes the key ing is manmade emissions produced by gasoline prices of any State in the con- provisions of the Deepwater Drilling the combustion of fossil fuels like oil tinental United States, currently at Royalty Relief Prohibition Act, a bill and coal. $4.30 per gallon of regular unleaded. Senator BILL NELSON and I introduced That is why I believe it is uncon- But these higher prices are not the to eliminate royalty relief that re- scionable that Congress allowed the result of a change in the cost of pro- wards dangerous oil drilling methods. taxes on renewable sources of energy to ducing and refining oil. By eliminating sections 344 and 345 of go up on December 31, while taxpayer- According to a Finance Committee the Energy Policy Act of 2005 that pro- funded subsidies continue to finance analysis of the SEC filings of the three vided mandatory royalty relief for production of fossil fuels. largest oil companies in the United deepwater gas and oil production on I have worked with my colleagues on States that filed, it costs them an aver- the Outer Continental Shelf, this bill a number of legislative initiatives de- age of $11 to produce one barrel of oil. will ensure that Americans receive fair signed to reduce greenhouse gas emis- At today’s prices that is nearly $100 in value for federally owned mineral re- sions, increase energy efficiency, and pure profit for each barrel. sources. incentivize the use of renewable en- The result is massive oil company In 2005, Congress created this roy- ergy. profits on the backs of American con- alty-relief program to encourage explo- One of our biggest victories has been sumers. Last year, the top five oil com- ration and production in the ocean’s an aggressive fuel economy law, called panies made more than $135 billion in very deepest waters. the Ten in Ten Fuel Economy Act, profit. That is an increase of 80% over But the BP Deepwater Horizon catas- which was enacted in 2007. what they made in 2010. trophe showed that safety and response In order to implement this law, the Yet the largest oil companies are not technologies are not sufficient in deep Obama administration has raised using these profits to produce more oil. waters to justify this incentive. fleetwide fuel economy standards to Oil production for the biggest five oil When the Deepwater Horizon well 35.5 mpg in 2016—a 40-percent increase companies was down 4 percent last blew out, 11 people died and 17 others above today’s standard. The fleetwide year. were injured. Oil and gas rushed into average will rise to 54.5 mpg by 2025. Instead of using their enormous reve- the Gulf of Mexico for 87 days. This is important because these nues to invest in drilling, the big five Oil slicks spread across the Gulf of standards will dramatically reduce the oil companies are buying back stock, Mexico, tar balls spoiled the pristine economic burden of massive swings in issuing dividends, and lobbying govern- white sand beaches of Florida, wet- the price of oil and gasoline on Amer- ments. lands were coated with toxic sludge, ican families. For example, Shell Oil’s profits in- and more than one-third of Federal By 2025, the average new car will re- creased by 54 percent between 2010 and waters in the gulf were closed to fish- duce what an American family spends 2011. But its production decreased by 3 ing. on gasoline by $5,200 to $6,600 during percent. This week, the National Academy of the life of vehicle, and that is assuming And the American taxpayer is pro- Sciences found that plumes of sub- relatively affordable gas prices in the viding oil subsidies that increase prof- surface oil substantially damaged a $3 per gallon range. its, stock prices, and dividends—and community of deep-sea gulf corals. If prices were to stay at today’s lev- don’t produce more oil or lower gaso- Drilling in deep water presents sub- els, this law will save American fami- line prices. stantially more challenges and tech- lies even more money.

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.031 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2198 CONGRESSIONAL RECORD — SENATE March 29, 2012 The other positive development is I don’t believe oil companies need What a heartwarming story of Robin that the domestic renewable energy in- taxpayer dollars to help them out. Hood in reverse—taking from the dustry has grown dramatically over They are already reaping record prof- American taxpayer to give to the rich. the last few years due to the Federal its. So congratulations, Big Oil, you got $2 incentives that are expiring and which Over the last decade, the five largest billion extra in profits and we got 4 this legislation would extend. oil companies have enjoyed nearly $1 percent less oil. The Treasury Grants Program, which trillion in profits and tens of billions of But, of course, we are not just seeing expired in December, has helped fund dollars in taxpayer subsidies. Yet we less oil, we are also seeing the Amer- the installation of more than 22,000 re- continue to use taxpayer dollars to add ican driver gouged with higher gasoline newable energy projects with a gener- to their bottom line. This is unaccept- prices. What happens when taxpayers ating capacity of more than 14,000 able. are forking over $2 billion in subsidies megawatts. Oil reserves are a public resource. a year to highly profitable oil compa- The production tax credit has al- When a private company profits from nies that, in turn, produce less? We get lowed wind power capacity to more those public resources, American tax- a double whammy with $4-a-gallon gas than triple since 2005. If the production payers should receive a royalty as com- at the pump and a bigger burden on tax credit is not extended by the end of pensation. And when oil companies taxpayers. How is that a fair return on this year, Navigant Consulting esti- profit by charging $4 per gallon of gas, our taxpayer dollars? It is pretty gen- mates that annual installations of they should pay income taxes like the erous to Big Oil, which stands to profit wind will drop by more than 75 percent, rest of us do instead of relying on bil- $1 trillion over the next decade while wind-supported jobs will decline from lions of dollars of tax subsidies to avoid getting $24 billion in subsidies, but it is 78,000 in 2012 to 41,000 in 2013, and total their obligations. a bad deal for consumers struggling to wind investment will drop by nearly In these critical economic times, make ends meet. two-thirds, from $15.6 billion in 2012 to every cent of the people’s money First, the Repeal Big Oil Tax Sub- $5.5 billion in 2013. should be spent wisely. sidies Act takes back $24 billion in tax- We simply cannot afford as a nation I urge my colleagues to support this payer subsidies to Big Oil and stops to abandon the renewable energy in- legislation. that insanity. The next step the bill dustry just as it is emerging as a major The PRESIDING OFFICER. The Sen- takes is investing in alternatives to force in our economy. ator from New Jersey. oil—biofuels, natural gas, propane, and These are private sector jobs in a Mr. MENENDEZ. Mr. President, I a refueling infrastructure for these growing industry that is competing have been monitoring the debate on my fuels as well. By investing in these al- globally. Repeal Big Oil Tax Subsidies Act and I ternatives we finally give Big Oil some Just 2 years ago, the United States keep hearing over and over from our competition in the marketplace that added more new capacity to produce re- friends on the other side of the aisle will give consumers the choice to use newable electricity than it did to that if we keep giving the oil compa- cheaper fuels as well as drive down gas produce electricity from natural gas, nies taxpayer money, they will do the prices. oil, and coal combined, for the first right thing. The problem is we already For those reasons, I urge my col- time. A great deal of this growth can know that is not true. leagues to join me in getting back to be attributed to government renewable First of all, the United States has reality and stop subsidizing industries energy incentives. That is where public only 2 percent of the world’s oil re- that need it the least and start invest- investment in energy development serves, so we cannot drill our way out ing in the 21st century industries that should go. of this problem even if we wanted to. will help us compete with China, that The Obama administration has of- But, more importantly, we cannot will create jobs, that will improve our fered up millions of acres of Federal trust the big five oil companies to sim- environment and make us more energy land for oil extraction by oil compa- ply do the right thing. secure. It is time we stopped trusting nies. As a result, production on these Let’s look at the record. Last year, Big Oil to do the right thing with our Federal lands has increased. the big five oil companies took $2 bil- In fact, of the over 12,000 permits money and use it on things that actu- lion of your money and saw their prof- that the Obama administration has ally make sense. its shoot up to $137 billion—an impres- issued since 2009, 7,000 sit idle. With that, I yield the floor. sive 75-percent increase in profits. Did But the fact is that whether or not The PRESIDING OFFICER. The Re- they use that extra money we gave the Federal government has opened publican leader. them in our subsidies to produce more Mr. MCCONNELL. Mr. President, I enough land to oil drilling has almost oil? No, they didn’t. They took your have one question before this morn- nothing to do with gas prices, even money and they didn’t produce a drop ing’s vote—one simple question: Is this though many politicians argue it does. According to a statistical analysis of more of oil. Despite the fact that over- the best we can do? Is this the best we 36 years of monthly, inflation-adjusted all U.S. oil production is higher now have to offer folks who are staring at gasoline prices and U.S. domestic oil than it has been in the last 8 years, last $4-a-gallon gasoline, a bill that even production by the Associated Press re- year these five companies actually pro- Democrats admit won’t do anything at leased this month, ‘‘there is no statis- duced 4 percent less oil. all to lower the price of gas, and a tical correlation between how much oil So here is another way to look at it. process that blocks any other idea comes out of U.S. wells and the price at As each of these companies pocketed from even coming to the floor for a the pump.’’ our subsidies to pad those profits, they vote? Is this the best we can do? No The AP writes: did not use this windfall to produce other idea has been allowed other than If more domestic oil drilling worked as more oil. If we take the word of our a proposal that will inevitably raise politicians say, you’d now be paying about $2 friends on the other side of the aisle, the price of gasoline at the pump. Does a gallon for gasoline.... More oil produc- we have a contract, in essence, with anybody think the Senate has done its tion in the United States does not mean con- these five companies. We pay them $2 job on this issue? sistently lower prices at the pump. billion and they give us more oil. Last Well, if you don’t, if you think we Since February 2009, U.S. oil produc- year, they broke that contract and pro- should do more for the American peo- tion has increased 15 percent when sea- duced less. So it appears that these ple at a time when they are paying $4 sonally adjusted. Prices in those 3 poor oil companies took the taxpayers’ a gallon for gas than raise taxes on en- years went from $2.07 per gallon to $2 billion and instead of having to suf- ergy manufacturers and block a pipe- $3.58. It was a case of drilling more and fer with only $135 billion in profits, line from Canada, then you ought to paying much more. they made $137 billion in profits last vote against cloture. You should stand U.S. oil production is back to the year. with Republicans and insist we do more same level it was in March 2003, when Mr. INHOFE. Will the Senator yield to lower gas prices in this country. gas cost $2.10 per gallon when adjusted for a question? I see the President made a statement for inflation. But that is not what Mr. MENENDEZ. I would be happy to a little while ago in support of this pro- prices are now. at the end of my remarks. posed tax hike. My question is: Where

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.059 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2199 was the White House when the Demo- Mr. KYL. The following Senators are Then imagine for a minute this gov- crats voted to actually get off of this necessarily absent: the Senator from ernment—that doesn’t have enough proposal? Maybe they were too busy Utah (Mr. HATCH) and the Senator from money, where the debt is the political lining up votes against the Keystone Illinois (Mr. KIRK). talking point of my friends across the Pipeline. Maybe the President was too Further, if present and voting, the aisle—tries to do something simple by busy telling the Russians about how he Senator from Utah (Mr. HATCH) would saying maybe we shouldn’t be spending is hoping for more flexibility. have voted: ‘‘nay.’’ money on the most profitable corpora- My point is Democrats don’t have to The PRESIDING OFFICER. Are there tions in the world. That is what this take orders from the White House. any other Senators in the Chamber de- vote just was. They don’t need to serve the Presi- siring to vote? How seriously can we take anybody dent’s political strategy. They can do The yeas and nays resulted—yeas 51, who talks about debt reduction if they what their constituents want them to nays 47, as follows: are not willing to pluck the low-hang- do on this issue. They can vote to stay [Rollcall Vote No. 63 Leg.] ing fruit of subsidies to a group of folks on this bill and fight for real solutions YEAS—51 who, frankly, in Missouri, I guarantee to the problems of high gas prices and Akaka Gillibrand Murray you most people I represent would say any other number of issues the Demo- Baucus Hagan Nelson (FL) are the least deserving of extra help crats refuse to face, for that matter. Bennet Harkin Pryor from the Federal Government right We can use this institution to actually Bingaman Inouye Reed now. Blumenthal Johnson (SD) Reid make a difference. I hope at some point Boxer Kerry Rockefeller If we think about it, what we are that is what my colleagues on the Brown (OH) Klobuchar Sanders doing is we are borrowing money to other side decide to do. Cantwell Kohl Schumer prop up, to the tune of billions of dol- Cardin Lautenberg Shaheen Mr. President, I yield the floor. Carper Leahy Snowe lars a year, already wildly profitable The PRESIDING OFFICER. All time Casey Levin Stabenow corporations that don’t have to pay us has expired. Collins Lieberman Tester royalties because they get to deduct Conrad Manchin Udall (CO) the royalties they pay other countries. f Coons McCaskill Udall (NM) Seriously, if this was a fairytale I REPEAL BIG OIL TAX SUBSIDIES Durbin Menendez Warner Feinstein Merkley Whitehouse was reading to my grandsons—if I was ACT—RESUMED Franken Mikulski Wyden reading this fairytale to Ian or Levy or Pending: NAYS—47 Isaac—they would say: Well, this obvi- Reid amendment No. 1968, to change the Alexander Enzi Moran ously is fiction because this couldn’t be enactment date. Ayotte Graham Murkowski true. But it is, and that is what I call Reid amendment No. 1969 (to Amendment Barrasso Grassley Nelson (NE) the definition of a special interest— No. 1968), of a perfecting nature. Begich Heller Paul Blunt Hoeven that oil is so special around here, Reid motion to commit the bill to the Portman wields so much power and so much Committee on Finance with instructions, Boozman Hutchison Risch Reid amendment No. 1970, to change the en- Brown (MA) Inhofe Roberts money that it turns all the talk about Burr Isakson Rubio debt reduction into empty rhetoric. actment date. Chambliss Johanns Sessions Reid amendment No. 1971 (to (the instruc- Coats Johnson (WI) Last year, the five companies spent Shelby tions) amendment No. 1970), of a perfecting Coburn Kyl $38 billion boosting their share prices Thune nature. Cochran Landrieu Toomey just through stock buybacks—$38 bil- Reid amendment No. 1972 (to amendment Corker Lee Vitter lion in stock buybacks last year. In No. 1971), of a perfecting nature. Cornyn Lugar Crapo McCain Webb other words, the five largest oil compa- CLOTURE MOTION DeMint McConnell Wicker nies spent in a single year on stock The PRESIDING OFFICER. Under NOT VOTING—2 buybacks alone what they are claiming the previous order and pursuant to rule Hatch Kirk they need in taxpayer-funded subsidies XXII, the Chair lays before the Senate over the next 10 years. the pending cloture motion, which the The PRESIDING OFFICER. On this According to ExxonMobil’s quarterly clerk will report. vote, the yeas are 51, the nays are 47. filings, every time the price of oil goes The assistant legislative clerk read Three-fifths of the Senators duly cho- up by $1, they bring in $350 million in as follows: sen and sworn not having voted in the annual profit. These companies don’t CLOTURE MOTION affirmative, the motion is rejected. need these subsidies. We, the undersigned Senators, in accord- The senior Senator from Missouri. I hear people say, Well, if you don’t ance with the provisions of rule XXII of the Mrs. MCCASKILL. Mr. President, I give them the subsidies—which, by the Standing Rules of the Senate, hereby move ask unanimous consent to speak as in way, is chickenfeed to them. What, $6 to bring to a close the debate on S. 2204, a morning business. billion, $8 billion a year is nothing if bill to eliminate unnecessary tax subsidies The PRESIDING OFFICER. Without you are banking $30 billion in profits a and promote renewable energy and energy objection, it is so ordered. quarter. I have heard people say, If we conservation. Mrs. MCCASKILL. Mr. President, we don’t give them this extra help, then Harry Reid, Robert Menendez, Benjamin just had a vote. Imagine for a minute L. Cardin, Jeff Merkley, Patrick J. they are going to quit exploring for oil Leahy, Michael F. Bennet, John F. we had a government that was spend- and the price of gas will go up. That is Kerry, Al Franken, Tom Udall, Jeanne ing too much money, and imagine for a so dumb. They have had these subsidies Shaheen, Bill Nelson, Daniel K. Akaka, minute that we needed to spend less for 30, 40, 50 years. I think most of Claire McCaskill, Christopher A. money; that we needed to change our Americans realize the price of oil has Coons, Jack Reed, Richard Tax Code to a Tax Code that was fair, gone up just fine during that time. We Blumenthal. simpler, and didn’t pick winners and are paying plenty at the gas pump The PRESIDING OFFICER. By unan- losers. Imagine for a minute this was a right now, and they have got those sub- imous consent, the mandatory quorum crisis, and imagine for a minute this sidies. How is that working out for us? call has been waived. crisis was being wielded like a political Those subsidies are really keeping The question is, Is it the sense of the 2 by 4 by the majority of the Repub- down the price of gasoline, aren’t they? Senate that debate on S. 2204, a bill to licans who serve in the Senate—the The former Shell CEO, John eliminate unnecessary tax subsidies debt crisis. Hofmeister, is on record as saying: and promote renewable energy and en- Then imagine for a minute that we In the face of sustained high oil prices it is ergy conservation, shall be brought to had the most profitable corporations in not an issue—for large companies—of need- a close? the history of the planet and they were ing the subsidies to entice us into looking The yeas and nays are mandatory booking $30 billion in profit every quar- for and producing more oil . . . my point of under the rule. ter; over $130 billion in profits year view is that with high oil prices such sub- The clerk will call the roll. after year, didn’t matter whether the sidies are unnecessary. The assistant legislative clerk called economy was bad, good or indifferent— This is the CEO of Shell. He is admit- the roll. amazing profits. ting on the record that these subsidies

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.025 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2200 CONGRESSIONAL RECORD — SENATE March 29, 2012 are unnecessary. At the time the Shell that they can show the American peo- put that into context, the highest any CEO said that, the price of oil was ple we all get it. other industrialized country spends is trading between $95 and $98 a barrel. Madam President, I yield the floor. approximately 12 percent of gross do- Currently, it is at $105 a barrel. Con- The PRESIDING OFFICER (Mrs. mestic product on health care. Eight- trary to the claims that some are mak- HAGAN). The Senator from Rhode Is- een percent United States of America; ing, eliminating these subsidies will land. least efficient other industrialized not raise gas prices. AFFORDABLE CARE ACT country in the world, 12 percent. Huge Last year, the companies spent $70 Mr. WHITEHOUSE. Madam Presi- room for improvement. In a nutshell, million to lobby to keep their sub- dent, I rise today to talk about the we overspend and underachieve. sidies. They get about $30 in tax breaks changes the affordable care act is mak- The President’s Council of Economic for every $1 they spend in lobbying. No ing to the way care is delivered in our Advisers estimated that over $700 bil- wonder they spent that much on lob- health care system. This is a topic that lion a year can be saved without com- bying. has not received much public atten- promising health outcomes. The Insti- I want to take people at their word, tion. Instead, the public debate has tutes of Medicine put the savings from and I want to take people seriously largely focused on contentious flash- these kinds of reforms at $765 billion a about debt reduction. I have cospon- points such as the individual mandate year. The New England Health Care In- sored spending caps with my Repub- or preposterous false claims about stitute projected $850 billion in savings lican colleagues. I have worked hard on death panels or rationing or socialized annually, and the Lewin Group and reforming the way we spend money medicine. former Bush Treasury Secretary Paul around here, whether it is contracting While these contentious debates have O’Neill have estimated the savings at or earmarks. But with all due respect, raged on, there has been a quiet, $1 trillion a year. Whichever is accu- I don’t know how the American people steady, and important effort made by rate, this is clearly an enormous oppor- can take anyone seriously about debt the health care industry, by State and tunity and it is right before us. We can reduction if they are not willing to cut local leaders, and by the Obama admin- achieve better results for American pa- off from the spigot the most wealthy, istration to improve our model of tients and families, and spend less to profitable corporations in the history health care delivery. Progress made on do it. of the world. these efforts is steadily transforming As I said, the solutions fall into five How will we ever be able to look our the care that is delivered under our priority areas: payment reform, pri- grandchildren in the eye and say, You health care system, from care that is mary and preventive care, measuring know, we took care of your future by disorganized and fragmented and often and reporting quality, administrative making sure that our government was riddled with error, to care that is co- simplification, and health information fiscally balanced. How can we ever do ordinated, efficient, and the high qual- infrastructure. These solutions do not that if we can’t do this as an easy first ity Americans deserve. By improving cut benefits; they do not increase pre- step? Can you imagine how paralyzed the quality of care and our health out- miums. Instead, they realign incen- this place will be when we start talking comes, these delivery system reforms tives to reduce or get rid of overpriced about the kinds of cuts that hurt peo- promise to significantly reduce health or unnecessary services, inefficiently ple who need them? And by the way, care costs. Care gets better, costs go delivered care, excessive administra- they are willing to make those. Talk down, a true win-win. tive costs, and missed prevention op- about fairness. Think about this for a I came to the floor today to release a portunities. minute, economic fairness. report on health care delivery system In this report, we outline actual sav- The Ryan budget would want to hold reform and on the administration’s ings and care improvements that can onto more tax breaks for multimillion- progress implementing these provi- be found in each priority area. For ex- aires—in fact, do more tax breaks for sions of the affordable care act. I un- ample, payment reform refers to the multimillionaires—while they say to dertook this project with the support new payment reform models that pay seniors, You know, we think it is time and assistance of Chairman HARKIN and doctors more for getting better results, for you to wrestle with insurance com- Senator MIKULSKI, both strong advo- as opposed to ordering more proce- panies for your health care. I know cates and experienced legislators on dures. what it is like to wrestle with insur- the types of reforms that are high- In 2010, Blue Shield of California col- ance companies for health care. Every lighted in the report. laborated with Hill Physicians Medical American does. My mom doesn’t have The report makes the case for the re- Group and Catholic Healthcare West, to. She is on Medicare. It gives her forms our country urgently needs in California’s largest hospital chain, on a peace of mind. order to tackle our health care cost pilot program for the California Public If you look at what our friends are problem. My report defines five pri- Employees Retirement System. The proposing in terms of fairness and you ority areas of health care delivery sys- pilot program focused on improved co- look at the vote we just had, in Mis- tem reform: payment reform, quality ordination of care by sharing clinical souri we would say that dog don’t hunt. improvement, primary and preventive and case management information It doesn’t work. care, administrative costs, and health across medical facilities and among I hope in good faith that my Repub- information infrastructure. It outlines physicians. lican colleagues will quit thinking we the potential cost savings in each area. In its first year, the Blue Shield pilot need to continue to write checks to the It also highlights successes across program reported impressive results: wealthiest corporations in the history the country from leading private Readmissions were reduced by 15 per- of the planet. I think Missourians— health providers such as Geisinger cent; hospital days were reduced by 15 when I fill up my gas tank over the Health Systems in Pennsylvania, Inter- percent; inpatient stays of 20 or more next 2 weeks as I travel around Mis- mountain Healthcare in Utah, and the days were reduced by 50 percent, cut in souri, I am going to stop people at the Marshfield Clinic in Wisconsin, to the half—all saving millions of dollars. gas station and say, Do you think the State of Vermont’s Blueprint for In primary and preventive care—as a royalties ExxonMobil pays to another Health, to several examples in my country, we don’t devote nearly enough country should be deducted from what home State of Rhode Island, which has resources to primary care and preven- they owe us? Think about that. It is lu- shown great leadership. We have much tion. Only 6 percent to 8 percent of dicrous in this financial environment to learn from these efforts, and the af- health care spending goes to primary that we are in, in the U.S. Government. fordable care act gives us the tools to care, to your regular doctor appoint- There are real people hurting out support this type of reform across the ments. That is less than the percentage there, and we need to treat them fairly. country. that goes in private insurance to insur- We can start by pushing Big Oil away The problem is our health care deliv- ance company overhead. from the taxpayer trough, and I hope ery system remains clumsy and waste- According to the Centers for Disease my colleagues on the other side of the ful. We spend more than 18 percent of Control and Prevention, to give an ex- aisle will reconsider and that we will America’s gross domestic product on ample: When colorectal cancer is found get a chance to vote on this again and our health care system every year. To early and treated, the 5-year survival

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.034 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2201 rate is 90 percent. But screening rates The report also assesses the adminis- As I close, let me say that through- for colorectal cancer are low. The Na- tration’s progress in implementing out the process of writing this report I tional Health Interview Survey found them. We found that the administra- found one thing to be glaringly absent; that in 2005, only half the population tion has already implemented 25 provi- that is, a cost savings goal set by the aged 50 and older received rec- sions fully and made significant administration for us to reach toward ommended screening for colon cancer. progress on two others. The complexity on these delivery system reform provi- The American Cancer Society has and sheer number of reforms included sions. found that increased colorectal screen- in the law make this accomplishment In 1961, President Kennedy declared ing in the pre-Medicare population in a relatively short period of time that within 10 years the United States could save lives and reduce subsequent noteworthy. would put a man on the Moon and re- Medicare treatment costs by $15 billion In addition to the hurdles presented turn him safely. This message was over 11 years. by our fragmented health care system, clear, it was direct, and it created ac- On measuring and reporting quality, there has been resistance in Congress countability. As a result, a vast mobili- we don’t do this anywhere near well to the administration’s implementa- zation of private and public resources enough. Nearly 1 in every 20 hospital- tion efforts that has also created bar- occurred to collaborate in innovative ized patients in the United States gets riers. For the 20 delivery system provi- ways to achieve the President’s pur- a hospital-acquired infection. This is sions that have not yet been imple- pose. very expensive and it is preventable. A mented, lack of congressional funding While the issue facing our country in hospital-acquired infection should be a is a significant factor in delaying their health care is different, the urgency never event. Yet it costs our health forward progress. and the need to mobilize the public and care system approximately $2.5 billion In these reform provisions, the af- private sectors toward improving qual- a year in harmful costs we could avoid. fordable care act is supporting and ity and reducing cost is the same. So I Administrative simplification. The building upon the efforts undertaken challenge the administration to set a proportion of the U.S. health care dol- by the private sector by realigning in- cost-savings target for delivery system lar that is lost to administration has centives in the health care system to reform. A cost-savings target will always been high relative to our peer support private sector efforts. A broad focus, guide, and spur the administra- countries. The cost of administration array of pilot and demonstration pro- tion’s efforts in a manner that vague by insurance companies is not only grams has been launched, from which intentions to bend the health care cost high itself, but it creates a shadow cost best practices will be deployed nation- curve will never do. It also will provide imposed on providers who have to fight wide. The process to get to a more sus- a measurable goal by which we can back against the insurance company tainable path will be one of, as CBO Di- evaluate our progress. claims denial apparatus, and that cost rector Elmendorf said, ‘‘experimen- A clear and public goal will help is probably even higher. tation and learning. It will be a process make this vision of our health care sys- A study published in Health Affairs of innovation.’’ tem a reality. It will drive forward documented that physicians spent on The affordable care act improves the progress, and it will generate momen- average 142 hours annually interacting conditions that allow that innovation tum to achieve that goal. with health plans, totaling nearly 7 to take place, and it has the mecha- I urge the administration: Set a goal percent of total health care costs. That nisms needed to propagate those re- you are prepared to be accountable to is just the physician’s time. That forms widely throughout the system as meet. doesn’t count all the nonphysician of- quickly as possible once they are prov- When President Kennedy announced fice staff dedicated to administration en effective. in September of 1962 that America and chasing the insurance companies. American ingenuity can overcome would strive to put a man on the Moon, Last, health and information tech- our toughest challenges, not through he said: nology. Health information technology command and control but through dy- We choose to go to the moon in this decade is the essential underlying framework namic, flexible, and persistent experi- . . . not because [it is] easy, but because [it for health care delivery system reform. is] hard, because that goal will serve to orga- mentation, learning, and innovation. nize and measure the best of our energies It is the foundation on which other de- We are at a fork in the road on our and skills, because that challenge is one we livery system reforms can be built. In health care future. One path we could are willing to accept, one we are unwilling to 2000, the Institute of Medicine esti- travel is to protect the dysfunctional postpone, and one which we intend to win. mated the number of deaths resulting status quo and cut benefits to pay for We need to face the challenge posed from medical error as high as 98,000 the waste. That is the way a lot of my by the rising health care costs in our American deaths annually. The most colleagues want to go. system. We need to recognize we can- common cause of those preventable in- The other way is to shift incentives not postpone finding a solution. We can juries and deaths in hospitals was so that we innovate toward better, win this challenge, we can drive our medication errors, which can be re- safer health care—which costs less. We system toward a sustainable path of duced dramatically through the adop- as Americans need to trust that the higher quality care and improved out- tion of computerized physician order path of innovation and experimen- comes, and we can do so by setting entry systems—health information tation is the right one and not give up clear goals and supporting the meas- technology. on these efforts. ures in the affordable care act that pro- The reform areas my report discusses Last year, George Halvorson, who is pel us in that direction. synchronize with one another, and the CEO of Kaiser Permanente and I yield the floor. there is a growing national movement knows a little something about health The PRESIDING OFFICER. The Sen- of providers and payers and States that care, said it this way: ator from Illinois. recognize their critical importance. There are people right now who want to Mr. DURBIN. Madam President, I Focusing on quality rather than quan- cut benefits and ration care and have that be want to speak for a moment to the tity and focusing on efficiency rather the avenue to cost reduction in this country issue that was raised by my colleague than volume will better serve not only and that is wrong. It’s so wrong it’s almost from Missouri. Senator CLAIRE MCCAS- criminal. their patients but their bottom line. KILL came to the Senate floor to take The report I am releasing today He continued: note of the vote that had just been looks at 45 provisions in the affordable It’s an inept way of thinking about health issued, the rollcall that was just fin- care act that promote these delivery care. ished on a measure offered by Senator system reforms. From the discussion The affordable care act has the tools MENENDEZ from New Jersey. It was one would not know that virtually one- that enable providers to focus on qual- pretty straightforward. third of the affordable care act was ity rather than quantity, efficiency Here is what it said: The Federal tax about these delivery system reforms rather than volume, and patients rath- subsidies of $2 billion a year to the big- because they have been noncontrover- er than their bottom line, to avoid the gest oil companies in America should sial, but they are in there and they are inept way of thinking about health end right now. The money in those sub- important. care. sidies should be used to develop other

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.035 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2202 CONGRESSIONAL RECORD — SENATE March 29, 2012 forms of energy—good for our future, of hearts it is the best Postal Service Postal Service reform. Now we will be clean for our environment, lessening in the world. We can still take an enve- gone for 2 weeks. When we return, it our dependence on foreign oil—and the lope and for less than 50 cents put it in will be a lot closer to April 15 and a lot balance should be put into reduction of a box and be confident that in a matter more challenging for us to get any- our deficit. Two billion dollars a year of a couple of days or three it is going thing done. Those two disappoint- is going to the four biggest oil compa- to be delivered in the lower 48. ments—that we could not seize $4 bil- nies in America. There are not many countries on lion in savings for the deficit in oil How are they doing? We all know Earth that even get close to making company subsidies and that we how they are doing. Last year, again, that claim for less than 50 cents. It is wouldn’t accept our responsibility to they broke all records in the history of so good that the so-called package ex- deal with postal service reform—I am American business, reporting profits of press folks who were trying to make afraid that has been matched and $137 billion. The notion that we would this a private sector undertaking use trumped by what is going on in the take away $2 billion from these oil the post office. They use the post office House of Representatives. companies and put it into deficit reduc- because of the efficiency of their deliv- Think about this: Two weeks ago we tion and energy research that could be ery for the last mile of delivery. passed a bipartisan bill on the floor of good for our future seems like a given. So we have a problem. Fewer people the Senate for the Federal Transpor- In fact, it seems so easy that when we are using first-class mail. They are tation bill. When it comes to our econ- had a vote earlier this week to bring up using e-mail, bill payer. Revenues are omy and its future, it is hard to think this measure, over 90 Senators voted down. Postal employees are down to of anything more important than in- yes; let’s go to it. around 600,000. Those who are retired vesting in highways, mass transit, air- What happened on this vote today? are around 450,000. We need to bank ports and ports, and rail lines to make We needed 60 votes, which sadly has be- money for retirees in the future. We sure that we have an economy ready to come the norm in this Chamber. We are facing the need to make some hard compete in the 21st century, that busi- needed 60 out of 100 Senators to say choices about the Postal Service. nesses can locate in America with con- stop the fat-cat subsidies to the oil The Postmaster General came to my fidence that their products can move to companies. We couldn’t get it. We got office about 5 months ago now. We sat the markets as quickly as possible. exactly two Republican Senators to down with Mr. Donahoe and said: Be- This bill comes up every 5 years, and vote with us—two. It is a sad reality fore you make harsh decisions about it is a political piece of cake. Demo- that many of the same Senators who the Postal Service, closing post offices, crats and Republicans agree. We all wax eloquent on the Senate floor about reducing the mail deliveries and the have needs in our States and districts, our deficit and what to do about it, like—before people’s jobs are on the and we always come together with a bi- when it comes to a simple, straight- chopping block or at least in question, partisan bill. We did in the Senate. forward vote to stop this wasteful, un- give Congress a chance to at least come Two Senators couldn’t be further warranted subsidy to the most profit- up with a better approach. apart on the political spectrum than able companies on Earth, could not Historically, that was a challenge BARBARA BOXER of California and JIM bring themselves to say no to Big Oil. Congress always accepted because we INHOFE of Oklahoma. But you know Meanwhile, families and businesses knew when it is something that big and what. They accepted their political re- all across Chicago, IL, and America are important as the Postal Service, which sponsibility and came up with a bipar- paying more and more at the pump. is enshrined in our Constitution, it is tisan Federal transportation bill that Last Sunday I saw my first one—hang our job. We are supposed to do that passed the Senate 74 to 22. on, America; you are going to see one work. Meanwhile, what was happening in too—$5.03 a gallon. It was downtown So I asked him to postpone, if he the House? The House was just one Chicago at a BP station. Hang on tight, would, until May 15, any closures of fa- crash after another. Their first high- there is more to come from these oil cilities so the House and the Senate way bill went nowhere—rejected. Their companies that will then turn around could have a chance to act. I have been second highway bill they would not and report the biggest profits ever in waiting. It has been hard to get into even call for a vote. Time passed, and American business history. the Senate calendar. This week was our more and more of these measures were We pay at the pump and we pay with chance. Senator HARRY REID said we falling apart. They withdrew the chair- our taxes. What is left? Here was our are going to bring it up because it is an man of the committee in the House in chance to stand up and do something. important debate. We need to get to- charge of it and said: We are going to We know $4 billion is not going to gether. put somebody else in. They brought in change the oil industry, and it is not We called the bill on the Senate floor another name. I couldn’t keep up with going to change Washington. But at to move to this debate on the post of- it. least it was a statement about where fice. To their credit, the independent The Speaker of the House and the we stand when comes to age-old inde- Democratic chairman of the jurisdic- House Republican caucus made a dog’s fensible tax subsidies to the biggest tional committee, Senator JOE LIEBER- breakfast out of this Federal Transpor- and most profitable companies in MAN of Connecticut, and the Repub- tation bill. Today, to add insult to in- America. We couldn’t bring ourselves lican ranking member, Senator SUSAN jury, they not only would not call our to do it. COLLINS of Maine, both voted to move bipartisan bill, which is all we have I agree with Senator MCCASKILL. to this measure. asked for—I see Senator BOXER on the These folks who get up and wail and I felt good about the fact that they floor. All we said is, bring the Boxer- cry about the deficit—call up this roll- were working together, along with TOM Inhofe bill to a vote in the House. It is call and ask them where in the heck CARPER of Delaware and others, in a bi- a bipartisan bill. It is good for this they were when we had one chance to partisan effort to make this post office country. For goodness’ sakes, vote on do something positive. what we need it to be. I have con- it. It is not the biggest disappointment fidence in Senators LIEBERMAN and No, we are not going to do it. If it of the week. There are two others that COLLINS because they have done his- isn’t the House Republican bill, we are trump it. I have to tell you, it is hard toric work in the past when it came to not going to consider it. for me to believe that again we were reforming our intelligence agencies What do they do instead? Senator unable to get a bipartisan group to- after 9/11; the two of them did it. I BOXER can explain what they did in- gether to start the conversation about credit them, many times publicly, for stead. They said: We will kick the can post office reform in America. It is the their bipartisan cooperation. Here we down the road. We will extend the most honored Federal agency. had another chance: We are going to highway taxes for 90 days and get back When people are asked across Amer- bring postal reform to the floor, and we to you later. ica, what agency of government do failed to get 60 votes. A person might think, no harm, no they have a positive feeling about, it is Unfortunately, we could not get more foul. Just extending it 90 days, there is the post office. They make jokes about than five from the other side of the no harm. Wrong. State after State, it—we all do—but we know in our heart aisle to even engage in the debate on county after county will tell you that

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.037 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2203 this 90-day extension freezes efforts to Congress is in single digits when you naturally your State is very worried, build projects across America and will take a hard look at what this does to as are all of our States, and I am going cost us at least 100,000 jobs. The num- our Nation? At a time when we need to quickly go through what we know so ber may be much larger, but it will Congress to work together, the Speak- far. We know that Illinois is having big cost us at least 100,000 jobs. Do we need er will not call the bipartisan bill from trouble because their contract-letting jobs at this moment in time in Amer- the Senate. The Senate will not take cannot go forward in 12 particular jobs, ica? I should say so. In the midst of a up postal reform. The Senate refuses to and that is going to result in a recovery from a recession, one of the even cut the $4 billion subsidy to the scaleback of 4,500 jobs. They are scal- areas hit the hardest is the construc- biggest oil companies in America. ing back right now, as Senator DURBIN tion industry. And it is not just a mat- It is a disappointment to me because said, at a time when we need jobs. ter of the workers out there on the job, many of us worked hard to come here. North Carolina has 41,000 jobs that can- it is all of their suppliers. The truck- I feel honored to have this job and feel not be filled. Nevada has 4,000 jobs, drivers, the material men, and all of a responsibility to the people we rep- Maryland has 4,000, and Michigan has them are now going to be put on hold resent. I think the Senate, on those 3,500. I see the great Senator from because the Speaker of the House re- two votes I mentioned, and the House Rhode Island here. We got word from fuses to call a bipartisan Senate trans- with their action today have let down his director, Mike Lewis, from the portation bill for a vote. the people of this country. Rhode Island Department of Transpor- That is all we asked—up or down, I would like to yield to the Senator tation, that there are job delays, and it call it for a vote. Why wouldn’t he call from California. I have another state- looks as if 1,000 jobs will not be filled. it for a vote? Because it would pass. To ment to make, but I want to give her a In West Virginia, 1,200 jobs will not be his embarrassment, it would pass. Well, chance. filled. he got his way, I guess. He is going to I yield the floor. We are in trouble. You know what, it The PRESIDING OFFICER. The Sen- send us a 90-day extension. The alter- is like taking a hammer and hitting ator from California. native of letting the highway trust Mrs. BOXER. I ask unanimous con- your head: Why do they do it? They fund lapse is not a reasonable one, not sent to speak for 5 minutes and then don’t have to. They don’t have to do one any of us would embrace. But what this. They are wreaking havoc on the return the floor to Senator DURBIN. a wasted opportunity. The PRESIDING OFFICER. Without Nation with this extension. And Chair- My colleague and good friend, who is objection, it is so ordered man MICA said today: This must be the sitting right here and has been in this Mrs. BOXER. I was going to wait last extension. Fine. It should not even business, the House and the Senate, for until the House actually sent over this be an extension. They should take up a long time, poured her heart and soul extension before saying anything, but I and pass the Senate bill. How many into that Federal Transportation bill. was so impressed with Senator DUR- bills do we have that have 74 votes in She accomplished what nobody BIN’s explanation that I felt I should favor? And if Senator LAUTENBERG had thought she could. When she said she come to the floor and thank him so not been at a funeral, it would have was going to sit down with Senator JIM much. His leadership on this and also, been 75. Three-quarters of this Senate INHOFE of Oklahoma and work it out, Madam President, your deep concern came together around this bill. So the we said: Bet that works; the two of for your State, which actually has the House is wreaking havoc on the Na- them are so different. But when it largest job loss numbers because they tion. Right now, you could fill 14 Super comes to this measure, they see eye to are being very conservative about what Bowl stadiums with unemployed con- eye. They worked it out. I am proud of they do on the ground—not everybody struction workers—1.4 million. And what they did. I didn’t like everything understands the way the transpor- why are they doing it? Because they in the bill, but nobody does. But I tation programs work in our States. don’t want to deal in any way with the voted for it, saying it is bipartisan, it The Federal Government pays for Democrats. moves our country forward, and it cre- about 75 percent of many projects and Senator INHOFE and I were so thrilled ates almost 3 million jobs. The Boxer- the State pays 25 percent. But the to work together. I see the senior Sen- Inhofe bill creates and saves almost 3 States go out and they front the money ator from Alaska who helped us draft million jobs. Is that important at this and then they bill the Federal Govern- our bill with Senator BEGICH. They moment in our history? You bet it is. If ment. Well, the signal that has been crossed party lines. We have a great you are not in favor of creating good- sent from the House today is a disas- bill. Is it perfect? Of course not. Is it paying jobs right here in America for trous signal because it is a signal to all strong? Yes. Is it paid for? Yes. Will it American families, what the heck are of our States that they better beware protect 1.9 million jobs and create an you doing in this business? And in- because there is no guarantee they will additional million? Yes. That is great stead, the House said: No, we will not ever get those funds back from the news. But the House has decided—the even let you vote on this measure. Federal Government. only people in America not to get this House Democrats tried the entire week You know, I love it when we make is the House of Representatives over to get this measure up. Even a few— history here, but I love it when we there, the Republicans. just a few—House Republicans spoke make good history here. Today, by the I see my colleague here, and I am up and said: Bring it up for a vote. It House’s action, I believe they have be- glad to yield for him. wasn’t good enough. come the first House of Representa- Mr. WHITEHOUSE. I wonder if the I know the Senator from California is tives ever to allow this highway trust Senator would yield for a question. here, and I want to give her a chance to fund to go bankrupt because right now The PRESIDING OFFICER. The Sen- say a word about the impact of the the fund is not sufficient and has to be ator from Rhode Island. measure that just passed the House of filled. That is why part of the wonder- Mr. WHITEHOUSE. Setting aside the Representatives. She has gone in it, in ful result of the Senate bill—and Sen- questions that this raises about the many cases State by State, to measure ator INHOFE and I appreciate getting a House’s ability to govern, which I what it means to just extend the high- lot of credit, but we actually had four think are raised by this issue but fo- way trust fund and not pass a bill that committees that did their work: Sen- cusing on this highway question, it is can create and save up to 3 million ators JOHNSON and SHELBY over in now the end of March. If we go 90 days, jobs. She told me that in my State, it Banking, and we had Senators ROCKE- 30 days takes us through the end of was something like 4,000. FELLER and HUTCHISON over in Com- April, 30 more days takes us through Mrs. BOXER. More than that—about merce. But a very tough job was given the end of May, and 30 more days takes 4,500. to Senator BAUCUS, and he worked us through the end of June. There is a Mr. DURBIN. There are 4,500 jobs lost hand-in-glove with the Republicans, seasonal component to getting this if we let the federal transportation pro- particularly with Senators such as work done, is there not? What is the ef- gram expire this summer because Senator THUNE, to come up with a pay- fect of our entire highway, road, and Speaker BOEHNER refuses to call up for. bridge industry having no certainty this bill. That is the reality. Is it any Well, here we have an extension with about what their funding is going to be wonder that the approval rating of no revenues in it, Madam President, so until practically the Fourth of July

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.038 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2204 CONGRESSIONAL RECORD — SENATE March 29, 2012 with the construction season then un- speak up and to turn around the statis- In so many of the Alaskan villages, derway? tics that are so devastating in our victims of domestic violence and sex- Mrs. BOXER. Well, the question is State when it comes to domestic vio- ual assault face some pretty unique very important. This is the worst pos- lence and sexual assault. challenges and therefore horrific chal- sible time because now, if you can’t Over the past few years, the Gov- lenges. It may be that there is no full- enter into new contracts, you lose the ernor has led the charge in organizing time law enforcement presence, there building season. And it is particularly rallies in the State of Alaska during is no local justice infrastructure. In brutal right now on the businesses and the last week of March. This morning many situations villages are land- on the workers. in our State there will be 120 different locked. There are no roads in. The only Let me be clear. This is a 90-day ex- rallies going on in communities such as way in and out is by airplane. So we tension without any hopes of them fin- Anchorage and Fairbanks, our larger have a situation where we can have an ishing their work. They didn’t say that communities, but also in smaller vil- individual who has been victimized, in the 90 days, they would get the job lages such as Kooskia and Tanana, with no law enforcement presence in done, get to conference, and get the bill communities where the numbers are the community whatsoever. It may to the President; they are just saying small but the passions on the issues I take State troopers days—days—to be 90 days with no commitment to go to think are very strong and robust. The able to respond to an incident, depend- conference. Governor has commissioners in Bar- ing on weather conditions. Imagine I will come back and we will attempt row, in Tanana, in Cordova, in Nome, yourself in that situation. You have to attach the Senate bill to the exten- and in Galena, all leading the march to been a victim of domestic violence. sion. Madam President, I hope you will stand up and speak out about domestic You seek help. There is none in the vil- have the opportunity to work on that violence. I wish to acknowledge what lage and no way away from your perpe- with me because our States are count- the Governor has done in his effort to trator. ing on us, and we have to be strong and spotlight this and to work to reduce I think we recognize that one thing we have to keep fighting for one simple the rates of domestic violence, sexual we can and must do is make sure there premise: that the House should have assault, and child abuse through this is a safety net available to address the the right to vote on the Senate-passed ‘‘Choose Respect’’ initiative. We have immediate survival needs of the victim bill. great Alaskans standing together and, and the survival needs of their children I am very proud to be here. I will be again, a real commitment to make a in the short term. Only with this level here this afternoon as long as it takes. difference. of confidence can one gather the cour- I say to my friend from Rhode Island, Unfortunately, my colleagues have age to leave an abusive situation. I hope he can be there, as well as my heard me say this before, that in a One final comment on VAWA, and friend from Illinois. As soon as we get State such as Alaska where I think we then I will yield to my colleague who their extension, which makes no com- have unparalleled beauty, we also have has given me the courtesy of the floor mitment to go to conference, we are an ugly side to our State that is mani- right now. I think we recognize in going to try to attach the Senate bill fested in statistics we see with violence Alaska that the Violence Against to the extension and send it into con- against women and particularly vio- Women Act does offer a ray of hope, if ference, and I hope my friends will be lence against Native women. Violence you will, for those who are not only the here to help me with that. against Native women has reached epi- victims but for those who help assist I yield the floor. demic proportions. We are at a point the victims of domestic violence and The PRESIDING OFFICER. The Sen- where Native women experience domes- sexual assault in our villages. It will ator from Illinois. tic violence and sexual assault at rates provide for some increased resources to Mr. DURBIN. Madam President, I see 21⁄2 times higher than other races. In our rural and to our very isolated com- my friend from Alaska is on the floor, the lower 48, women on reservations munities. It will help to establish a and I would like to yield to her and ask are 10 times more likely to be mur- framework for the Alaskan Rural Jus- unanimous consent that I be recog- dered. Systematic legal barriers and tice Commission which has been a nized after her statement. ineffectual or deficient law enforce- great venue to make sure we are all un- The PRESIDING OFFICER. Without ment mechanisms result in women, derstanding what the tools are and how objection, it is so ordered. children, and families living in fear. In we adapt to those tools. It also recog- The Senator from Alaska. Alaska, nearly one in two women has nizes Alaska’s Village Public Safety Ms. MURKOWSKI. Thank you, experienced partner violence and close Officer Program as law enforcement so Madam President. I appreciate the to one in three has experienced sexual that VAWA funds can be directed to courtesy of my colleague from Illinois, violence. Overall, nearly 6 in 10 Alaska providing a full-time law enforcement and I also will follow on Senator women have been victims of sexual as- presence in places that have none. BOXER’s comments on the importance sault or domestic violence. This is ab- We have a lot of issues we need to of this highway transportation bill. solutely unacceptable. That is the re- work through. We believe the reauthor- I think we recognize that, while far ality we are living with as a State now, ization of VAWA will help us with that. from being perfect—I am not convinced and it is absolutely unacceptable. So as we join with other Alaskans in we develop any perfect legislation Alaska’s rate of forcible rape between the State and those here in Wash- around here—it is an extraordinarily 2003 and 2009 was 2.6 times higher than ington, DC, to choose respect for all good-faith effort, a very strong bipar- the national rate. Tragically, about 9 women, for all in our communities, I tisan demonstration in this body, and percent of Alaska mothers reported think it is important that there are deserves to have this support. I applaud physical abuse by their husband or some tools we can put in place to help Senator BOXER and Senator INHOFE for their partner during pregnancy or in not only the people of my State but their work on that. the 12 months prior to pregnancy. victims of domestic violence wherever VIOLENCE AGAINST WOMEN ACT These are horrifying statistics. they may be. Madam President, just very briefly, I These statistics bring me to the issue With that, I thank my colleague from wanted to take a few minutes this of violence against women and the Vio- Illinois for yielding, and I yield the morning to speak about an event that lence Against Women Act, or VAWA, floor. just happened outside on the lawn of the bill we have been talking about and The PRESIDING OFFICER. The Sen- the Capitol. About maybe 50 or 60 Alas- hopefully will be bringing to the floor ator from Illinois. kans and some wannabe Alaskans gath- soon. A measure such as this I think is THE DREAM ACT ered in a rally, a march that we have incredibly important as a vehicle for us Mr. DURBIN. Madam President, the entitled ‘‘Choose Respect.’’ This is an to stand behind women and men. It Senate is not a place for sprinters, only effort that has stemmed from the ac- doesn’t make any difference if one is long-distance runners, because some- tions of our Governor in Alaska to from a rural part of the country or an times we need patience beyond human shine the spotlight on domestic vio- urban part of the country; it is an issue endurance to see an idea that one be- lence and sexual assault and to come that I think we know rips at the heart lieves is meritorious finally make it— together as communities, as a State, to of who we are. to get passed by the Senate and maybe

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.039 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2205 even the House or maybe even signed America for 13 years and then cast Here is what one of Rafael’s teachers into law. Sometimes it happens quick- aside. We want them to stand and be in high school said about him: ly; more often it takes a long time. part of our future and make us a Rafael is the kind of person I have taught My personal story that kind of leads stronger Nation. about in my Social Studies classes—the when it comes to examples is the Keep in mind that for most of these American who comes to this country and DREAM Act, which I introduced 11 students it comes as a shock when they commits to his community and makes it bet- years ago. This was legislation that ad- ter for others. Raffi Robles is a young man finally ask the questions and get the who makes us better. During my 28 year ca- dressed a problem I learned about from answers and realize the flag they have reer as a high school teacher, coach, and ad- my Chicago office. We got a phone call. been pledging allegiance to every sin- ministrator, I would place Raffi in the top 5 The phone call was from a mother. She gle day is not the flag of their country. percent of all the kids with whom I have ever was Korean American and she ran a They are people without a country. had contact. drycleaners. In Chicago, 75 percent or That is what the DREAM Act is Here is the unfortunate part of the more of the drycleaning establishments about—to give them a chance. story about these two amazing young are owned by Korean families. She We have asked the Obama adminis- men. They were both placed in deporta- came to this country years before, tration on a bipartisan basis to not de- tion proceedings. I asked the adminis- brought her little girl with her, and port these eligible young people, for tration to consider their request to then raised a family, and she became they have done nothing wrong. If they suspend their deportations and they an American citizen. do something wrong, it is another agreed to do it, for the time being. I Fast forward to her little girl who be- story. But if they have done nothing think it was the right thing to do. Car- came a musical prodigy. In fact, she wrong, don’t focus on deporting them. los and Rafael are represented by vol- was in demand at some of the best What we are trying to do is to give unteer lawyers in Chicago. music institutions in America, includ- them a chance—just a chance—to earn After I met Carlos and Rafael, they ing the Julliard School of Music and their way to the American dream. I sent me a letter asking Members of the Manhattan Conservatory of Music, think the administration’s new depor- Congress to support the DREAM Act, offering her admission to come and de- tation policy is sensible and I think and here is what they said: velop her skills as a concert pianist. As these young people deserve a chance. We ask you today to see it in your heart to her daughter filled out the form to I can give these speeches for a long do the right thing, to listen, and to reward apply to these schools, she turned to the values of hard work and diligence, values time and they don’t mean much until that made America the most beautiful and her mother and said: Where it says we meet the DREAM Act students. Let prosperous country in the world and that ‘‘nationality’’ what should I write? Her me show my colleagues two handsome we’re sure got you, as members of Congress, mother said: I don’t know. We never young men from Illinois: Carlos and to where you are today in life. These are val- filed any papers for you after you came Rafael Robles. I met them both. Carlos ues we have come to admire and respect in to America. The daughter said: What and Rafael were brought to the United the American people. We will continue to up- can we do? The mother said: We can States by their parents when they were hold these values until the last of our days— we hope eventually as citizens of the United call DURBIN. children. Today, Carlos is 22, Rafael is States, a country we now see as home. So they called my office and we 21. They grew up in suburban Chicago So I ask my colleagues who are crit- checked with the Immigration Service. in my home State of Illinois. They ical of the administration’s deporta- They came back and said, the law is graduated from Palatine High School tion policy or have difficulties with the very clear that when a child is brought where they were both honor students. DREAM Act, Would America be a bet- to this country and through no fault of In high school, Carlos was the captain ter place if Carlos and Rafael are de- their own is undocumented, the law is of the tennis team and a member of the ported? Of course not. These two young clear they have to leave for at least 10 varsity swim team. He volunteered men grew up here, they were educated years. They have to go back to wher- with Palatine’s physically challenged here, they have done well here, they ever they were before or anywhere they program where every day he helped to have earned their way here. They want want to go, but they can’t be here. I feed lunch to special needs students. thought to myself: This girl did noth- to be part of our future. Carlos graduated from Harper Commu- They are not isolated examples. ing wrong. Mom and dad didn’t file the nity College and is now attending Loy- There are literally thousands of them papers and here she is in this predica- ola University in Chicago majoring in just like Carlos and Rafael across this ment. education. His dream is to become a country. So I introduced the DREAM Act. It teacher. Do we need more good teach- When I introduced this bill 11 years has five simple provisions. Here is what ers in America? You bet we do. ago, and I would give a speech like this it says: If you came to the United Listen to what one of Carlos’s high and leave a hall, I could count on, if it States as a child, if you have been a school teachers said about him: were nighttime, someone standing by long-term U.S. resident, if you have Carlos is the kind of person we want my car quietly as I approached and good moral character, if you graduate among us because he makes the community started to leave. They would ask me: from high school and you either com- better. This is the kind of person you want Senator, can I speak to you for a plete 2 years of college or serve in the as a student, the kind of kid you want as a minute. neighbor and friend to your child, and most U.S. military, we will put you on a Sure. path to become a citizen of the United germane to his present circumstance, the kind of person you want as an American. Senator, I am one of those students. States. You have to earn it. We are not They were afraid of being deported if going to give it to you, but we are One of Carlos’s college professors they raised their hand and identified going to give you that chance. Just be- wrote and said: themselves at the meeting. That has cause mom and dad may have done an He is, very simply, the finest student I all changed now, and it has changed for illegal act, we will not hold you as a have ever had the opportunity to mentor. the better. These young men and child responsible for it. Rafael, his younger brother, has a lot women are courageously stepping for- The net result of this bill, when it be- in common with Carlos. In high school, ward to identify themselves. It is no comes law, will strengthen our mili- Rafael was captain of the tennis team longer a mystery of who they are or tary—and we have the support from and a member of the varsity swim what they want to be. They are real military leaders all across the United team and soccer team. He graduated flesh and blood. They are children. States; they want these young men and again from Harper Community Col- They are the people you sit next to in women to enlist. They will bring diver- lege—understand these young men church. They are the folks who are sity and talent to the military. It will would attend college in America with working hard next to your son or also mean they will be contributing to no Federal assistance—none. They daughter in the library at school. You America with their higher education. have to pay for it out of their pocket. are cheering them on on the football They are going to be tomorrow’s doc- So he graduated from Harper Commu- field. You are watching them lead the tors and engineers, soldiers and teach- nity College. Now he is at the Univer- USC Marching Trojan Band. You are ers. We don’t want to lose their tal- sity of Illinois in Chicago where he is watching as they are aspiring to be- ents. We don’t want them educated in majoring in architecture. come tomorrow’s scientists, engineers,

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.052 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2206 CONGRESSIONAL RECORD — SENATE March 29, 2012 doctors, lawyers, and teachers. They that Senator MIKULSKI embraces the Moody’s estimates that for every $1 deserve a chance, and we should give need for bipartisanship, which no doubt spent on infrastructure, our GDP is them that chance by passing the is why she is and has been so effective, raised about $1.59. DREAM Act. accomplished, and widely respected. Additionally, for every $1 billion I hope my colleagues will consider Everyone knows well and respects spent on infrastructure, 11,000 to 30,000 doing that as quickly as possible. They Senator MIKULSKI for her advocacy on jobs are created—jobs that North Caro- want peace of mind, they want a fu- behalf of women and families. In this lina desperately needs. ture, and we need them in America’s regard, she is truly a role model. Dur- Failure to pass the Senate Transpor- future. ing the debate on health care reform, tation bill could put these millions of Madam President, I yield the floor. her tireless fight to ensure that wom- jobs and $1.2 billion worth of North The PRESIDING OFFICER (Mrs. en’s preventive services, including Carolina construction projects in jeop- MCCASKILL). The Senator from North screenings for breast cancer and cer- ardy. Carolina. vical cancer, would be covered with no This Transportation bill we are talk- Mrs. HAGAN. Madam President, I out-of-pocket expenses is legendary. ing about is truly an economic engine. ask unanimous consent to speak as in Her ability to see and understand My State currently receives only about morning business. people’s needs is clearly reflected in 92 cents for every $1 we pay into the The PRESIDING OFFICER. Without her Spousal Anti-Impoverishment Act, highway trust fund. This new legisla- objection, it is so ordered. which protects seniors across the coun- tion would ensure that at least 95 per- TRIBUTE TO SENATOR BARBARA MIKULSKI try from going bankrupt while paying cent of North Carolina’s payments to Mrs. HAGAN. Madam President, I for a spouse’s nursing home care. It is the highway trust fund will come back come here today to pay tribute to Sen- no wonder she is beloved, not only in to our State—nearly 3 percent more ator BARBARA MIKULSKI on becoming the Third District, which she rep- than we currently receive. the longest serving woman in the his- resented for 10 years in the House, but Maintaining and upgrading our infra- tory of Congress. by all the people of Maryland whose in- structure is not just about creating First and foremost, I feel deeply priv- terests she fights for every single day. jobs in the construction sector; it is ileged to be able to serve alongside As one of the 17 women now serving the lifeblood of our communities. We Senator MIKULSKI. She blazed a path in the Senate, it is hard to imagine need to make sure businesses have that allowed the rest of us, and people what it must have been like when she roads to access their plants and fac- like me, to be here today. Along the arrived here 25 years ago as one of two tories, rail, ports, and airport runways way, she distinguished herself as not women. I am grateful she and the other to export goods across the globe and to only a leader and tenacious advocate female Senators have paved the way. keep pace with the 24/7 global economy. BARBARA MIKULSKI is the dean of the for the people of Maryland but for all To put this in a global perspective, women Senators, and her bipartisan Americans. China currently spends four times as women’s dinners are among my favor- Senator MIKULSKI’s path to the U.S. much on infrastructure as we do in the ite Senate traditions. I thank Senator Senate prepared her well to be an effec- United States. We cannot allow this to MIKULSKI for her leadership and strong tive fighter for her constituents. Ever continue. This is about staying com- belief in the empowerment of women in the dedicated public servant, Senator petitive and leveraging commonsense our communities and in public office. MIKULSKI worked as a Baltimore social investments that will enable our econ- For those of us who came to Wash- worker, community activist, and as a omy to grow. ington to make a difference, BARBARA city council member. She brought an This Transportation funding bill will MIKULSKI has set a very high bar. urgency and an unrelenting commit- be used to improve our roads, bridges, I congratulate Senator MIKULSKI for ment to service to her work and the this extraordinary and historic accom- and mass transit systems—projects people she represented. It can be seen plishment. I look forward to many that will put North Carolinians back to in the legislation she has fought for more years of serving alongside her. work and help American businesses and the causes she has championed compete in our global economy. SURFACE TRANSPORTATION ACT during her 25 years in the Senate. Mrs. HAGAN. Madam President, I I urge my colleagues to take up and I am proud to say the first bill I co- will speak for a couple minutes on the pass the Senate Transportation fund- sponsored when I came to the Senate 3 Transportation bill. ing bill without delay. years ago was one of Senator MIKUL- I have come to the floor to express I yield the floor. SKI’s—the Lilly Ledbetter Fair Pay my support for passing the Senate bill The PRESIDING OFFICER. The Sen- Act. This bill—which ensures that no before the current Transportation au- ator from North Dakota is recognized. matter your gender, race, national ori- thorization expires this Saturday. This (The remarks of Mr. HOEVEN per- gin, religion, age or disability, you will would create and sustain nearly 41,000 taining to the introduction of S. 2264 receive equal pay for equal work—the jobs in North Carolina and across the are located in today’s RECORD under fight to get it signed into law is a per- country close to 3 million jobs. ‘‘Statements on Introduced Bills and fect example of the tenacity and sense Earlier today, the House passed a Joint Resolutions.’’) of fairness that drives BARBARA MIKUL- short-term 90-day extension. Unfortu- Mr. HOEVEN. Madam President, SKI. nately, passing another stopgap exten- with that, I yield the floor, and I sug- I am particularly grateful to her for sion is not the solution that businesses, gest the absence of a quorum. her mentorship. On the day I was sworn States, and the entire country needs. The PRESIDING OFFICER. The in to the Senate, I was standing in the Short-term extensions create insta- clerk will call the roll. back of the Chamber waiting to walk bility and uncertainty in funding, and The assistant bill clerk proceeded to down to the well. My colleague from without that certainty, States such as call the roll. North Carolina, Senator BURR, was mine, North Carolina, cannot plan or Mr. GRASSLEY. Madam President, I with me. Senator MIKULSKI came up to move forward with projects, which ask unanimous consent that the order me and asked who was going to escort jeopardizes tens of thousands of for the quorum call be rescinded. me to the well to be sworn in. I, obvi- projects and millions of jobs in Amer- The PRESIDING OFFICER. Without ously, said: My colleague from North ica. Once again, that is 41,000 jobs in objection, it is so ordered. Carolina. She said: Well, you need a North Carolina. Mr. GRASSLEY. Madam President, I woman too. And with that, I was both Upgrading our infrastructure is not a ask unanimous consent to speak for 15 humbled and honored to have her es- Democratic or a Republican priority; it minutes as in morning business. cort me down the Chamber aisle to be is truly an American priority. The PRESIDING OFFICER. Without sworn in as a U.S. Senator. The Senate Transportation funding objection, it is so ordered. Her generosity in sharing her experi- bill makes critical investments in JUSTICE GINSBURG ON CONSTITUTIONS ence and her expertise did not stop on transportation and infrastructure in Mr. GRASSLEY. Supreme Court Jus- that day. She is always encouraging, North Carolina and across our Nation. tice Ginsburg, on a recent trip to supportive, and eager to foster a spirit The return on investment, when it Egypt, made comments that garnered of teamwork. I especially appreciate comes to infrastructure, is high. public notice. She said:

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.056 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2207 I would not look to the U.S. Constitution if Madam President, these are explicit nees on their adherence to the Con- I were drafting a constitution in the year statements—that Justice Ginsburg’s stitution without reference to foreign 2012. I might look at the constitution of preferred constitutions are ‘‘living con- law. For instance, Justice Breyer has South Africa. stitutions.’’ A living constitution is stated that foreign judges also inter- She also spoke favorably of the Cana- one in which the meaning changes over pret ‘‘texts that more and more protect dian Charter of Rights and Freedoms time. Judges decide that new cir- basic human rights.’’ He has stated and the European Convention on cumstances require a living constitu- that he looks to the decisions of the Human Rights. tion to mean something it did not European Human Rights Court and to Although some people have criticized mean sometime before. They say the Canadian cases as well, because they Justice Ginsburg for speaking nega- constitution must keep up with the are ‘‘relevant’’ even if they do not con- tively about the U.S. Constitution times. A living constitution can mean trol. He says, ‘‘[W]e can learn some- while abroad, I think she has a right to whatever judges want it to mean, com- thing about our law and our documents say what legal documents countries pletely contrary to what our fore- from what happens elsewhere.’’ should consider that are now writing fathers had in mind when they wrote What Justice Ginsburg did was to constitutions. But I do not agree with our Constitution. make very clear that which had only her those other constitutions are bet- Our Constitution is not a living con- been implied in the past, making very ter examples of constitutions today stitution. Judges are not to make up clear that there are some in this coun- than the U.S. Constitution is. its meaning as they go along over time. try who feel that our venerable Con- Some people who have criticized Jus- Even President Obama’s Supreme stitution is outdated. If they treat that tice Ginsburg’s preference for the other Court nominees told us the role of a document as it was written and under- constitutions she named have focused judge under our Constitution is not to stood by the Framers, then their deci- on the positive rights contained in interpret words however they believe sions will often lead to results they do those documents. Some of those con- new circumstances might warrant. not like as a policy matter. But if they stitutions, such as South Africa’s, pro- ‘‘It’s the law all the way down,’’ Jus- can cite decisions from foreign courts tect the right to ‘‘make decisions con- tice Kagan said. We should be skeptical and interpret constitutions that con- cerning reproduction,’’ to ‘‘inherent of a living constitution that opens the tain all kinds of different rights and dignity,’’ and the right to have an envi- door for judges to impose their values, that give judges unbridled power to ronment protected ‘‘through reason- not those of the Framers of the Con- make policy decisions at the expense of able legislative and other measures stitution, on the citizenry of this coun- the elected representatives of the peo- that prevent pollution and environ- try. ple, then they can reach decisions that mental degradation.’’ The European The Canadian Charter says it ‘‘guar- our Constitution otherwise would not Convention on Human Rights guaran- antees the rights and freedoms set out allow. tees a right to education. Of course, in it subject only to such reasonable It is not simply a disinterested sur- none of these constitutions contain limits prescribed by law as can be de- vey of what other courts around the anything like a second amendment monstrably justified in a free and world are doing. It opens the door to a right for the citizens to defend them- Democratic society.’’ The Canadian Su- search for preferred liberal activist selves. preme Court interprets that provision outcomes. These are the very high Our Constitution is all about lim- in light of a highly generalized four- stakes at issue when we discuss wheth- iting the power of government. Ameri- part test that invites judges to insert er it is appropriate for judges to cite or cans do not fully trust the power of their own policy preferences. rely on foreign law in interpreting the government, and Americans insist on Similarly, the South African Con- U.S. Constitution. rights that are protected against gov- stitution provides that its rights can We need to preserve, protect, and de- ernment action. In other words, our be limited if they ‘‘are reasonable and fend the Constitution of the United Constitution was intended to last for justifiable in an open and democratic States. We need to preserve, protect, centuries, with the same meaning, even society based on human dignity, equal- and defend the rights of American citi- as those principles were applied to new ity, and freedom.’’ It tells courts ex- zens. Justice Ginsburg and others who situations. Our judges should reflect plicitly to apply a six-part subjective have a judicial longing for other con- that philosophy, which is at the heart balancing test that allows judges to in- stitutions that protect different rights of our Constitution. If other countries terpret this provision however they and give unelected judges power that, feel differently, that is their right. want. under our Constitution, self-governing I think praise for those foreign con- How would you like to live under a people exercise themselves—I tell those stitutions rather than our own raises a constitution such as that? judges, including Justice Ginsburg, much more serious issue—the role of These constitutions Justice Ginsburg that is the wrong approach. the judiciary. Our Constitution made a endorses invite judges to rule however I yield the floor, and I suggest the ab- judiciary that was the least dangerous they want on any question of rights. sence of a quorum. branch, as Hamilton said. Policy is to That is not consistent with traditional The PRESIDING OFFICER (Mr. be made by elected officials who an- American notions of the rule of law, of SANDERS). The clerk will call the roll. swer to the voters and can be replaced; a government of laws and not a govern- The bill clerk proceeded to call the whereas, judges, under our Constitu- ment of people. Some judges may pre- roll. tion, cannot be replaced. They have a fer constitutions in which judges are Mr. BROWN of Ohio. Mr. President, I lifetime position, short of impeach- free to displace democratic decision- ask unanimous consent that the order ment. making on policy questions that are to for the quorum call be rescinded. The foreign constitutions that were be decided by elected representatives of The PRESIDING OFFICER. Without named create a much different judici- the people under our Constitution. I do objection, it is so ordered. ary. The Canadian Supreme Court has not. Our Constitution does not. We do Mr. BROWN of Ohio. Mr. President, I stated their charter of rights and free- not live in a government of, by, and for ask unanimous consent to speak for up doms ‘‘must be capable of growth and the judiciary. to 5 minutes as in morning business. development over time to meet new so- But no one should think that the Ca- The PRESIDING OFFICER. Without cial, political and historical realities nadian or the South African Constitu- objection, it is so ordered. often unimagined by its framers. The tions fully protect rights that Ameri- OIL SUBSIDIES judiciary is the guardian of the Con- cans think are precious, such as free- Mr. BROWN of Ohio. Mr. President, stitution and must, in interpreting its dom of speech. Under the Canadian just a few minutes ago, I was presiding provisions, bear these considerations in Charter, reasonable limits on free over the Senate and I heard remarks mind.’’ speech include prohibiting so-called from my friend, the senior Senator The European Convention has been hate speech against a group. from Missouri, CLAIRE MCCASKILL, who interpreted by the European Court of Finally, it is important to recognize sits next to me. I was intrigued by her Human Rights to be a ‘‘living instru- why some of us on the Judiciary Com- response to the vote that had just ment.’’ mittee continue to press judicial nomi- taken place for my colleagues who

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.070 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2208 CONGRESSIONAL RECORD — SENATE March 29, 2012 preach every day about deficit reduc- bating oil taxes and whether the oil in- transit portion; we could come to some tion. As Senator MCCASKILL said, they dustry is paying too much or too little. terms. They don’t like the way the for- had an opportunity to pick the lowest You could have arguments about that. mula works; we like the general way hanging fruit there is, take away the But even our children in kinder- the formula works; we could come to tax breaks and the tax dollar subsidies garten and even our citizens who do terms. I understand that. that go to the oil interests in this not pay attention to some more dif- But what I do not understand, what country. ficult arguments understand roads, no one in the country understands— Think about that. We are giving in- bridges, and mass transit. They under- what the mayors are having a hard centives. Taxpayers are spending hard- stand hardhat jobs. They see people time understanding, what the Gov- earned dollars coming from workers in every day laying bricks, pouring con- ernors are having a hard time under- Dayton and Springfield and Akron and crete, going to work at steel mills and standing and the businesses that oper- Canton that go directly to the most factories that produce the materials ate in my State, represented by the profitable industry in the history of that build our infrastructure. They chamber of commerce, the NFIB, and the world, perhaps, particularly the big drive over potholes all day long. They the Main Street Alliance of small busi- five oil companies, making billions and ride down the interstates with 18- nesses from the left to the center to billions of dollars. Yet we are simply wheelers whizzing by them in smaller the right—what they do not understand saying it is OK to give them those cars because they are trying to be more is how you do not have a bill at all and kinds of tax breaks and tax subsidies. fuel efficient, with their heart in their you have not been able to put one to- That is even putting aside the fact chest, with their children in the back- gether. We have now been in this Con- that every time there is a pipeline out- seat, and they look up to Congress, to gress for a year and a half. You have 1 age or every time there is a fire in a re- the House of Representatives, and say: had 1 ⁄2 years to put a bill together, and finery or every time there is turmoil in Where is our Transportation bill? you have not come up with one. We put one together that looks pret- the Middle East, the oil companies and This Transportation bill was not ty good. No one that I know of from the speculators use it as a chance to written by one Senator and voted on by any group has said anything really bad spike up oil prices. They do it over and a slim majority. This Transportation about our bill. It is pretty plain in one over like clockwork. A problem in bill that the House refuses to even con- sense. It is not changing the course of Iran? Prices go up. A fire in a refinery? sider was built by one of the more pro- Western civilization; it is just trying to Prices go up. An outage in a pipeline? gressive and one of the most conserv- fund roads, bridges, and transit, which Prices go up. ative Members of this body. It was is fundamental to the operations not The Presiding Officer from Vermont, voted on almost unanimously out of only of our government but our econ- with his bill, has led this effort to get committee, brought to the floor of the omy and, frankly, the economy of the the Commodity Futures Trading Com- Senate just a couple of weeks ago, and world because without highways it is mission and the Department of Justice received over 75 votes in a body that hard to import or export products. This to put the government on the side of cannot decide about our judges, really, bill has impacts way beyond America. the motorist, of small businesses, of we can’t decide about the post office, For the life of me, I cannot under- the consumer. Just as Senator MCCAS- we can’t decide about oil and gas taxes. stand how the House of Representa- KILL said earlier, to save tax dollars is But 75 of us said that we are tired of tives is going to leave and go on vaca- really obvious and, on the other side, running our highways and our transit tion and think they have done their job to make sure we go after the specu- on 90-day, 30-day, 60-day extensions. I by giving us another 90-day extension. lators when they rip us off. think this is the 26th short-term exten- I do not know what the leadership is According to a recent study, 56 cents sion since 2009. What way is this to run going to do, but I want my vote re- of the price of every gallon of gas you a government? corded as no. I am not going to hold up buy when you go to the pump in gas For the other side of this building everybody here over the holidays, but I stations all over America goes to the that talks about putting business prac- want to say that I want my vote re- hedge fund operators and speculators. tices to work, let’s be more efficient in corded as no. I am not going to con- That is about $10 to $12 to $15 a tank the way we operate, and let’s operate tinue to support 30-day, 60-day, 90-day depending on how big a car you drive. more like a business, do you know, Mr. extensions to a transportation bill that On the one hand, we are not saying President, any business in America, really, in the scheme of things, should no more tax breaks. On the other hand, large or small, that operates with a 30- not be that complicated to pass. There we are not saying to the speculators: day vision? Do you know one? I don’t are other much more controversial Stop this. You are not going to get know one. I understand businesses have things about which we could be having away with this anymore. The govern- 6-month plans, a year, but they always very serious debates. Building high- ment has to be on the side of the mid- have that 5-year long range. They ways and roads and transit should not dle class here and fight back. might have 6-month goals. I don’t be one of them. I yield the floor. know one business in America that op- We are hurting jobs. We heard the The PRESIDING OFFICER. The Sen- erates on a 30-day plan. Republicans—I cannot blame the Re- ator from Louisiana. Here we are at the ninth hour again. publicans in the Senate. I think they SURFACE TRANSPORTATION ACT We have a bill. We produced a bill. If have been for the most part really ter- Ms. LANDRIEU. Mr. President, I am the House had a bill—I am a centrist— rific, actually, working with Senator going to speak for about 10 minutes. If if the House had a bill, I would be BOXER. They have even given a major- someone else comes to the floor, I will working with the middle of the road ity of the votes. So I guess my focus is be happy to shorten that, but I had to over there, trying to say: This is what really on the Republicans in the House. come to the floor to support the leader- your bill does. This is what our bill I don’t think they have taken the time ship of Senator BARBARA BOXER and does. We can’t have our way com- to really look at the Senate bill to see Senator INHOFE from Oklahoma, who pletely here in the Senate, although I how balanced it is, and one part I wish have worked for over a year to bring a would like to have our way more of the they would read, which is the part I very balanced and fundamentally im- time, but I understand. want to talk about for the next 5 min- portant and essential infrastructure They do not have a bill. They do not utes—and I know other Senators are bill to the floor of the House. have a bill to negotiate because they here to speak—I hope the gulf coast We have many arguments on this cannot even get a bill together among Members from Texas, Louisiana, Mis- floor. We have been arguing about the three committees of jurisdiction sissippi, Alabama and Florida—and to- judges. I heard Senator GRASSLEY give over there. gether that is a pretty big coalition; I a pretty tough speech voicing his opin- Again, if they had a bill, I know Sen- don’t know the total number, but I ion of some of our Supreme Court Jus- ator BOXER and Senator INHOFE would think there have to be over 75 Members tices. I do not agree with much of what be happy to negotiate. Maybe they from Texas, Louisiana, Alabama, Mis- he said, but he is entitled to his opin- want a 4-year bill, we want a 2, maybe sissippi, and Florida—I hope they read ion. We have those debates. There are we negotiate a 3. They don’t like the the section of the Transportation bill good people on both sides. We are de- mass-transit portion; we like the mass- that talks about the RESTORE Act.

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.072 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2209 I have spent a great deal of time over They have indicated a support for the losses for this country. They are al- here with my good friend and wonder- concept of the RESTORE Act, but the ready dithering on the Senate bill. ful leader, Senator SHELBY, with Sen- act itself is in the Transportation bill. Their not taking it up for a vote has ator BOXER, with over 300 organiza- So I am going to wrap-up. There are cost us about 100,000 jobs. Thousands of tions, for over a year, to build a bill other Members on the floor who will businesses are at stake, and eventually that is now part of the Transportation speak. I thank the leader, BARBARA we are talking about 3 million jobs at bill that, in addition to building high- BOXER, who is here. stake. The fact that they would do this ways in Florida and transit and roads But for 90 days let’s get back to work without any commitment to get to in Alabama and Mississippi, will also and go for a long-term Transportation conference, without any commitment for the first time in the history of our bill that is a real jobs bill that will to finish their job and run off on vaca- country—the first time—direct a sig- help the whole country but particu- tion is the reason I am reserving the nificant portion of penalty money paid larly the gulf coast with the RESTORE right to object. by a polluter, BP, that polluted the Act. I ask that the unanimous consent re- gulf coast—a good company in some The PRESIDING OFFICER. The Sen- quest be modified so an amendment, ways but really messed up that well, ator from Rhode Island. which is at the desk, the text of S. 1813, though, and they just spilled gallons Mr. WHITEHOUSE. Mr. President, I the surface transportation bill, passed and gallons and millions of barrels of see the Republican leader is on the by the Senate on March 14, 2012, by a oil. We have shrimp that are coming in floor, and I understand there may be a large bipartisan majority vote of 74 to our nets with no eyes. We have turtles unanimous consent that is propounded, 22, be agreed to; the bill, as amended, that are washing up on our shores dead. and I can offer some remarks in the be read a third time and passed; and We have research needs in the gulf context of an objection and a counter- the motions to reconsider be laid upon coast that—there has been no time in proposal, if the minority leader would the table. our history where we have needed that like to proceed now. The PRESIDING OFFICER. Is there money more. Mr. MCCONNELL. I would say to my objection to the request for modifica- My question is to the gulf coast Re- friend from Rhode Island, I am not the tion? publican Members and Democratic one who will be asking consent. Mr. MCCONNELL. Mr. President, re- Members. What is it about this bill The PRESIDING OFFICER. The Sen- serving the right to object. that is driving you so crazy that you ator from Rhode Island. The PRESIDING OFFICER. The Re- can’t accept $10 billion that the Fed- Mr. WHITEHOUSE. Mr. President, I publican leader. eral Government is trying to give you? ask unanimous consent to speak until I Mr. MCCONNELL. The problem with Because that is what the RESTORE get a signal from the majority leader accepting the Boxer amendment is that Act could potentially send to the gulf that he will seek recognition, at which it would shut down the Federal-Aid coast, a portion of the fine. We don’t point I will yield the floor. Highway Program, which means States know whether that fine is going to be I wished to follow in the footsteps of wanting reimbursement for projects $5 billion or $10 billion or $20 billion, Senator LANDRIEU of Louisiana and re- will not get paid. It will cause already but we do know it is going to be sub- flect my own dismay and dissatisfac- nervous State Department of Transpor- stantial because under current law tion with the situation we are in right tation directors to cut back further on they have to pay $1,000 for every barrel now. The House extension on the high- the work because there will be no reim- spilled or $4,200 if it was gross neg- way bill, which we are going to be bursements on Federal projects, and it ligence. asked to proceed with, is going to would cost the highway trust fund $100 In the Senate Transportation bill, cost—as far as the estimates I can see million per day for any day the gas tax this body showed rare bipartisan sup- so far—around 100,000 jobs, and that is is not collected, thereby adding to the port and concern for the gulf coast, damage to our economy. That is a self- deficit. America’s energy coast. We showed an inflicted wound. More specifically, it is Therefore, I object. understanding of the great erosion that a House-inflicted wound, and I would The PRESIDING OFFICER. Objec- is taking place in the delta of Lou- very much like to see the Senate fight tion is heard. isiana, which drains 40 percent of the to force action on the Senate highway Is there objection to the original re- continent. We showed understanding bill. It is a bipartisan bill with amend- quest? that so much of our shipping and sea- ments and is fully paid for. This is a se- Mr. CARDIN. Reserving the right to food industry relies on this coast—not rious bill, as opposed to inflicting this object. that the other coasts are not vitally kind of damage on our economy with a The PRESIDING OFFICER. The Sen- important—and we showed we under- short-term extension. ator from Maryland. stand the underinvestment that has Does the majority leader seek rec- Mr. CARDIN. Reserving the right to been made. So 75 percent of the Senate ognition? object, and I was listening to the dis- basically stood and said: OK. Let’s re- Mr. REID. Yes, I do. tinguished Republican leader, let me direct this penalty money to where the The PRESIDING OFFICER. The ma- challenge some of the assumptions so injury is. That is the RESTORE Act, jority leader. maybe we can get to a consent. In talk- and that is in the Senate bill we sent f ing to Members of the House of Rep- over to the House, which they have ab- resentatives, I am very confident there SURFACE TRANSPORTATION solutely just rejected. is ample support to pass not only the I don’t know what magic there is EXTENSION ACT OF 2012 bipartisan surface transportation bill about the next 90 days, but I know Mr. REID. Mr. President, I ask unan- that passed this body by an over- what I am going to do. I am going to imous consent the Senate proceed to whelming vote but a consensus bill register my vote as no, and I am going H.R. 4281, the Surface Transportation that came out of our committees by to go home and work harder in Lou- Extension Act, which was received unanimous vote in both the Environ- isiana and along the gulf coast to ex- from the House and is now at the desk; ment and Public Works Committee and plain to the people of our region how that the bill be read three times and the Banking Committee. There is gen- much is at stake by getting a longer the Senate proceed to vote on that eral agreement that this bill should be term Transportation bill. Maybe 2 matter. enacted into law. years is not as long as we would like to The PRESIDING OFFICER. Is there I am confident that if the Speaker of have, but it is better than 30 days, it is objection? the House brings this bill to the floor better than 60 days, and it is better Mrs. BOXER. Reserving the right to of the House of Representatives, it will than 90 days. object. be passed. There are adequate votes for I will ask and explain that not only The PRESIDING OFFICER. The Sen- it. is the Transportation bill vital for Lou- ator from California. To my friend, the distinguished Re- isiana’s projects but for approving the Mrs. BOXER. There are several of us publican leader, here is the problem: If RESTORE Act, which I know the who reserve our right to object. What we pass another short-term extension, House has indicated their support for. the House has done is guaranteed job we are going to lose jobs. In my own

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.073 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2210 CONGRESSIONAL RECORD — SENATE March 29, 2012 State of Maryland, we cannot let the ence the parade of horribles that the If the public wants to know why the contracts on major maintenance distinguished Republican leader has country is not growing at a greater projects with a 90-day extension. We suggested because it will not come to rate, wants to know why there is such cannot move forward with the planning that point. They will, in fact, pass the high unemployment in the construc- of our highways, our bridges, our tran- Senate bill and we will have a real tion industries, look at the ideologues sit systems with another short-term highway bill and not a partisan exten- over there and their refusal to face re- extension. This takes us to the middle sion that kills 100,000 jobs. ality, to deal with their colleagues, and of the summer. We lose the construc- It is 1,000 jobs in my home State of to put this country—not us—in a take- tion season on getting transportation Rhode Island. We have over 10 percent it-or-leave-it position. This 90-day ex- work done. unemployment. This is a self-inflicted tension is not the way to go. The way I urge the distinguished leader that wound that hits Rhode Island, that to go is to pass the Senate bill, and I we do have the opportunity to pass the hurts my home State. It makes no hope those on the other side of the bill right now, and if we stand firm and sense. Therefore, I ask, again—and I aisle, pushed by outside folks from tell the House of Representatives we apologize for coming back to this, but business management and others all want to do what is right for the Amer- I think it is important that we try to across the country, will see the error of ican people, that in the Senate we had defend this body, which has worked their ways and change their ways over a bipartisan bill, a consensus bill— well together, which has made a sen- the next few months. what’s happening in the House is ex- sible, serious bill and is being infected I thank my colleague, and I yield the tremely partisan. Let’s get together on by the dysfunction that is presently floor. the most important jobs bill we can taking place in the House. This exten- The PRESIDING OFFICER. Is there pass. It is thousands of jobs in Mary- sion is a representation of that dys- objection to the original request? land, and it is millions of jobs in this function. Ms. LANDRIEU. Reserving the right Nation that are affected by passing a So I again ask unanimous consent to object. surface transportation bill. that the majority leader’s request be The PRESIDING OFFICER. The Sen- With that, I am hoping I convinced modified so the amendment at the ator from Louisiana. the distinguished Republican leader. desk, the text of our highway bill, S. Ms. LANDRIEU. And I might object, I ask unanimous consent that the re- 1813, be added to the bill, that the text because I think this is a very serious quest be modified so that an amend- be agreed to; the bill, as amended, be matter. I am reserving the right to ob- ment, which is at the desk, the text of read a third time and passed; and the ject because, as the majority leader S. 1813, the surface transportation bill, motions to reconsider be laid upon the well knows, if we would follow Senator passed by the Senate on March 14, 2012, table. BOXER’s leadership, sending the Senate by a large bipartisan majority vote of I thank both the majority leader and bill back to the House, we would not 74 to 22, be agreed to; the bill, as minority leader for their patience. only not lose any jobs, we would create amended, be read a third time and The PRESIDING OFFICER. Is there 1.9 million jobs, and for the Restore passed; and the motions to reconsider objection to the modification? Act, which is very important to the be laid upon the table. Mr. MCCONNELL. I object. gulf coast, it would create another The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Objec- 300,000 jobs. objection to the modification? tion is heard. The only action that is going to Mr. MCCONNELL. Mr. President, re- Is there objection to the original re- cause job loss is the action we are basi- serving the right to object. quest? cally being forced to accept right now, The PRESIDING OFFICER. The Re- Mr. SCHUMER. Reserving the right sent over by a partisan House of Rep- publican leader. to object. resentatives, to go to another short- Mr. MCCONNELL. I will spare the The PRESIDING OFFICER. The Sen- term extension. This country doesn’t Senate the repetitious repeating of my ator from New York. need short-term extensions, it needs remarks with regard to the initial Mr. SCHUMER. Mr. President, I am long-term answers, and it needs jobs Boxer modification, but the principles not going to object, but I wish to reit- they can count on. remain the same. erate the comments of my colleagues Every business in America relies on I object. from California, Maryland, and Rhode this Transportation bill. We have now The PRESIDING OFFICER. Objec- Island. I know my colleague from Lou- been going to short-term extensions for tion is heard. Is there objection to the isiana will do the same. We have a 3 years. It is time to stop. original request? broad bipartisan bill. Transportation I want my leader, who is on the Sen- Mr. WHITEHOUSE. Mr. President, and highways are a linchpin of our eco- ate floor, to know I may object in the reserving the right to object. nomic recovery, not only in the jobs next few minutes, but I absolutely will The PRESIDING OFFICER. The Sen- they create now, rebuilding and build- object to any other short-term resolu- ator from Rhode Island. ing highways, but in making our econ- tion on this bill for as long as this Con- Mr. WHITEHOUSE. Mr. President, I omy more efficient. gress is in session. This is enough. would like to join my colleagues in try- China is building four times the in- Now, had this bill gotten out of here ing to find a way to attach the Senate frastructure we are. India is building with just Democrats on it, I would say bill which passed this body better than more infrastructure than we are, and we don’t have a leg to stand on because 3 to 1, with a huge bipartisan majority, in the Senate—to the credit of both we don’t have a balanced bill, and we which is a good bill. It was paid for and sides—we have a broad bipartisan bill can’t jam this through on the other had weeks of collegial work, back and that moves us forward. It is not every- side. But this bill got out of here with forth, with bipartisan amendments, thing I would want or any of us would 75 or 76 votes. Now, 2 years is not 5 which is a serious bill that every major want. It was put together masterfully years, but it is better than 3 months. It business group in the country, every by Senator BOXER and Senator INHOFE, is a bill we could pass and build on. It major labor group in the country, and who are political opposites. is a bill that assures people can go to even environmental groups are sup- The House, in its paralysis—because sleep tonight knowing they have a job porting. there is a small group who, frankly, tomorrow. As the Senator from Maryland has don’t believe the government should be So I object to the minority leader’s said, it would certainly virtually be an infrastructure at all—ties it in a comments about this bill, that our ac- passed by the House if the Speaker knot and forces us with the awful tion is going to lose jobs. No, we have would only bring it up, but for partisan choice of either shutting things down been here working hard to save jobs. I reasons the House has refused to even because they are not going to budge or hope when the Republicans go home bring it up for a vote. Instead, they just renewing an old bill which needs they will hear from the business com- sent us this extension which will cost updating, which throws people out of munity, from the right, the middle, 100,000 jobs. work. They are creating paralysis in and the left; I hope they will hear from It is my view that if we can send it this country in the case of infrastruc- environmental groups: What are you back in this form, we will not experi- ture and in many other cases. guys doing?

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.076 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2211 The final comment I want to make as can—as Senator LANDRIEU mentioned, Mr. BAUCUS. Mr. President, I rise to I am objecting is, if the House had a at least have some piece of legislation discuss the revenue title to the high- bill, then this would be a negotiation they can give to us and try to work to- way bill that the Senate passed earlier between two bills. The problem is they ward a conclusion or accept our bill, this month. don’t even have a bill. How do we nego- which is our preference. Gandhi said: ‘‘Truth quenches un- tiate with a group that doesn’t have a So I appreciate very much the com- truth.’’ bill? They have ideas, they have phi- ments of my colleagues, and I appre- I rise to quench untruth. I under- losophies, they have platforms, and ciate their patience and understanding stand some of our colleagues in the they have speeches, but they don’t of the situation we find ourselves in, House have mischaracterized the Sen- have a bill. We couldn’t negotiate with which is not a good one. ate’s highway bill by saying that it them if we wanted to. There is no bill. The PRESIDING OFFICER. The Sen- wasn’t paid for. This is why we are telling the coun- ator from California. Nothing could be further from the try: Look, we don’t know what their Mrs. BOXER. Mr. President, I know truth. problem is—they have many—but we my colleague Senator COLLINS is wait- The Senate highway bill is fully paid have a bill. So if they can’t get their ing to speak. I will be very brief. for and supports more than 1.6 million Let’s be clear what just happened. bill together, take the one we put to- jobs across the country. It will also en- What just happened is the House sent gether. But, no, that is too simple for sure there is still money in the High- us a 90-day extension of our transpor- them. way Trust Fund at the end of the bill’s tation programs with not one dime of So I am reserving the right to object. 2-year authorization. revenue in there to fund those, and the I am going to listen to what my leader I want to explain exactly how we highway trust fund is on the road to has to say, and I might object. I know fund this bill so everyone is clear. bankruptcy. So they are the first in my As chairman of the Committee on Fi- everybody wants to go home. I know memory—the first legislative body in nance, I worked very hard with mem- we want to have this unanimous con- the Capitol—to ever extend for this pe- bers of both parties to put together a sent agreement. But my State not only riod of time without a dollar, which funding package that would: has its transportation money wrapped means an acceleration of bankruptcy of First, pay for a reauthorization bill up in this, it has its hope for the future the trust fund. through September of 2013; wrapped up because the Restore Act is What else did they do? They just Second, not add a single dime to the in that bill. guaranteed 100,000 people are not going deficit or the debt; and, For the first time, this Senate stood to get their jobs, and they guaranteed Third, not leave the Highway Trust up since I have been here and said: You hundreds of businesses are not going to Fund bankrupt at the end of the pro- are right, gulf coast. You do a lot. You get jobs. They sent out a signal that posed reauthorization. have been injured a lot, and we are America should be ready for hardship According to estimates from the Con- going to help you. So that bill is in because they didn’t even have the de- gressional Budget Office and the U.S. there too, which is why I am hard- cency to put in that extension a writ- Department of Transportation, the pressed to say I will vote for a 90-day ten commitment to produce a bill, to Highway Trust Fund needs $5.6 billion extension. get to conference with us, and to get a to pay for the Senate’s proposed reau- So reserving the right to object, I ask bill to the President. No, they run off thorization. unanimous consent the request be on their vacation and leave people In addition, the U.S. Department of modified so an amendment, which is at twisting in the wind. Transportation said we need a so-called the desk, the text of S. 1813, the surface Well, I want it to be known I am one ‘‘cushion’’ of extra money in the High- transportation bill, passed by the Sen- of the chairs who worked on the bill. way Trust Fund at the time of the ate on March 14, 2012, by a large bipar- There are many other people who were bill’s proposed September 30, 2013 expi- tisan majority of 74 to 22 be agreed to; fantastic on this bill from both sides of ration. the bill, as amended, be read a third the aisle. I know—I spoke to Senator I am pleased to report that Senate time and passed; and the motion to re- INHOFE today about this—we want this Republicans and Democrats ultimately consider be laid upon the table. bill done. I am going to use every tool came together to put $9.2 billion into The PRESIDING OFFICER. Is there at my disposal as one Senator to keep the Highway Trust Fund within the objection to the modification? the pressure on the Republican House. next two years, paying for the bill and Mr. MCCONNELL. I object. Speaker BOEHNER: You are not leaving a sizable $3.6 billion cushion at The PRESIDING OFFICER. Objec- Speaker of the Republicans, you are the end of the authorization period. tion is heard. Speaker of the House. Reach your hand Actually, in total, we put $14 billion Is there objection to the original re- across the aisle, as Senator INHOFE into the Highway Trust Fund within quest of the majority leader? reached across the aisle to me and I the budget window of the next 10 years. Without objection, it is so ordered. reached across to him; and JAY ROCKE- Focusing on the nexus to transpor- The PRESIDING OFFICER. The FELLER reached across to Senator tation and energy, we were able to clerk will report the bill by title. HUTCHISON and she reached across; and transfer an immediate $3 billion sur- The legislative clerk read as follows: TIM JOHNSON reached across to SHELBY plus in the Leaking Underground Stor- A bill (H.R. 4281) to provide an extension of and he reached across; and MAX BAUCUS age Tank trust fund—the so-called Federal aid highway, highway safety, motor had an array of Republicans work with ‘‘LUST Fund’’—into the Highway Trust carrier safety, transit, and other programs him in the Finance Committee. We Fund. This was an idea offered by a funded out of the Highway Trust Fund pend- know we can do this. number of Finance Committee Repub- ing enactment of a multiyear law reauthor- But what the House has done is send licans. Like the Highway Trust Fund, izing such programs. a very clear message of job loss and the LUST Fund relies on the fuel tax The bill was ordered to a third read- hardship. It is unacceptable. I look for- for funding. ing and was read the third time. ward to working on this every single In addition, Finance Committee Re- The PRESIDING OFFICER. The bill, day. Now we have 90 days. Tomorrow it publicans also proposed routing a third having been read the third time, the will be 89, and then 88. We are going to of the future fuel tax revenues intended question is on the passage of the bill. count down, and we are going to keep for this storage tank fund into the The bill (H.R. 4281) was passed. the pressure on, and we are not going Highway Trust Fund. This raises near- The PRESIDING OFFICER. The ma- to let this transportation program go ly another $700 million over 10 years. jority leader. up in smoke because it has been in Next, we transferred into the High- Mr. REID. Mr. President, this has place since Dwight Eisenhower was way Trust Fund revenues that the gen- been a difficult time for everyone, and President. eral fund would receive from fees on we have what none of us wanted. Our It is a sad day for America today, a cars that don’t comply with fuel effi- bill was passed in the Senate by a very very sad day. But we will never give up ciency standards and the tariff on for- nice bipartisan margin. I hope during over here, and JAMES INHOFE isn’t eign automobile imports. the Easter recess, the House will be going to give up, and we are going to Together, these provisions provide able to come back with something they fight hard to get a bill. nearly $5 billion for the Highway Trust

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.077 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2212 CONGRESSIONAL RECORD — SENATE March 29, 2012 Fund, with about $1.6 billion coming in Thank you. I yield the floor. mean 800,000 fewer American jobs over the first 2 years. The PRESIDING OFFICER. The Sen- the next decade. Then, we replenished the general ator from Maine. Even when the law tries to help small fund for the amounts we moved into Ms. COLLINS. Mr. President, I ask businesses, it misses the mark. For ex- the Highway Trust Fund. We did this unanimous consent to speak as in ample, I have long been a proponent of by clamping down on tax cheats and morning business for up to 15 minutes. tax credits to help small businesses af- unscrupulous Medicare providers, as The PRESIDING OFFICER. Without ford health insurance for their employ- examples. objection, it is so ordered. ees. The new credits for small busi- Finally, after accommodating Repub- f nesses in the health care law, however, lican Senators’ concerns at markup to are so poorly structured and phased HEALTH CARE REFORM rework some elements of our proposal, out in such a way that businesses will we accepted a widely supported idea to Ms. COLLINS. Mr. President, during actually be penalized when they hire stabilize required contributions into the past week, the Supreme Court new workers or pay their employees pension plans. heard arguments on the constitu- more. Moreover, they are temporary. The pension plan beneficiaries will tionality of President Obama’s health The tax credits are temporary and can still be able to rely on the plans get- care law. This week also marks the 2- only be claimed for 2 years in an insur- ting funded, but employers will have a year anniversary of the President’s ance exchange. more predictable and realistic schedule signing that law. I am also very concerned that the for how much to contribute. There is no question that our health new law is paid for, in part, through This provision raised sufficient rev- care system required and still requires more than a $500 billion cut in Medi- enue to enable us to then transfer an- significant reform. In passing this law, care—a program which is already fac- other $4.5 billion into the Highway however, Congress failed to follow the ing serious long-term financing prob- Trust Fund in the first 2 years, bring- Hippocratic oath of ‘‘first, do no lems. It simply does not make sense to ing the 2-year total to about $9.2 bil- harm.’’ The new law increases health rely on deep cuts in Medicare to fi- lion, well more than the $5.6 billion care costs, hurts our seniors and health nance a new entitlement program at a needed to just pay for the bill. care providers, and imposes billions of time when the number of seniors in This pension stabilization provision dollars in new taxes, fees, and pen- this country is on the rise. We need to raised more than $9 billion in total, alties. This, in turn, will lead to fewer fix and save Medicare, not add to its fi- which also enabled us to accept a Re- choices and higher insurance costs for nancial strains. publican amendment to put additional many middle-income American fami- Moreover, according to the adminis- money into the Highway Trust Fund in lies and most small businesses—the op- tration’s own Chief Actuary, those future years. This brought the 10-year posite of what real health care reform deep Medicare cuts could push one in total to approximately $14 billion, as I should do. five hospitals, nursing homes, and stated earlier. I find it particularly disturbing that home health providers into the red. I My understanding is that this in- President Obama’s health care law does am particularly concerned about the crease in general fund revenue to plus not do enough to rein in the cost of impact on rural States like Maine. up the Highway Trust Fund would be health care and to provide consumers Many of those providers could simply considered acceptable under the House with more affordable choices. In fact, stop taking Medicare patients. That Republicans’ proposed budget with its Medicare’s Chief Actuary estimates the would jeopardize access to care for mil- ‘‘Reserve Fund.’’ law will increase health care spending lions of our seniors. It is also my understanding that the across the economy by more than $300 It did not have to be that way. The House’s proposed 5-year bill will leave billion. The nonpartisan Congressional bitter rhetoric and the partisan grid- the Highway Trust Fund at the brink Budget Office says the law will actu- lock over the past few years have ob- of insolvency by the bill’s proposed ally increase premiums for the average scured the very important fact that conclusion, unlike the Senate’s care- family plan by $2,100. Moreover, a re- there are many health care reforms fully crafted compromise that I have cent report issued by the CBO found that have overwhelming support in just described. that the new law will cost $1.76 trillion both parties. The House leadership should not between now and the year 2022. That is For example, we should have been make inaccurate claims about the Sen- twice as much as the bill’s original 10- able to agree on generous tax credits ate’s bill to camouflage their own in- year pricetag of $940 million. for self-employed individuals and small ability to pass a long-term bill and un- The new law will also mean fewer businesses to help them afford health willingness to work out compromises. choices for many middle-income Amer- insurance. That would have reduced We just passed yet another short- icans and small businesses. All indi- the number of uninsured Americans. term extension to provide funding for vidual and small group policies sold in We should have been able to agree on only 90 days. We can’t keep kicking the our country will soon have to fit into insurance market reforms that would can down the road. Pretty soon there one of four categories. One size does prevent insurance companies from de- will be no road left to kick the can not fit all. nying coverage to children who have down. In Maine, almost 90 percent of those preexisting conditions, that would per- The easiest way to work together and purchasing coverage in the individual mit children to remain on their par- forge a solution to create jobs and fund market have a policy that is different ents’ insurance policies until age 26, our Nation’s highway system is for the from the standards in the new law. that would require standardized claim House to take up the Senate’s bill. It’s I am also very concerned about the forms to reduce administrative costs, a good bill. It provides certainty so impact of the law on Maine’s small and that would allow consumers to businesses and communities can plan businesses, which are our State’s job purchase insurance across State lines. construction projects and create jobs. creation engine. The new law discour- Those are just some examples of health It is fully paid for. In fact, it ensures ages small companies from hiring new care reforms that would enjoy and do the Highway Trust Fund will remain employees and from paying them more. enjoy widespread bipartisan support. solvent even after the end of the bill. It It could also lead to onerous financial We also should be able to agree on de- gives us time to address the longer- penalties even for those small busi- livery system reforms that reward term needs of our national program, nesses that are struggling to provide value over volume and quality instead and how we are going to pay for it. health insurance for their employees. of quantity. We should be able to agree The House Republican leadership According to a Gallup survey taken on reforms that increase transparency should set partisanship aside. They earlier this year, 48 percent of small throughout the health care system so should realize there are no Republican businesses are not hiring because of the consumers can compare prices and or Democratic roads or bridges. There potential cost of health insurance quality more easily. are only American ones. It is time to under the new law. The Director of the I know the Presiding Officer’s State, work together and not leave the High- Congressional Budget Office has testi- and Dartmouth College in particular, way Trust Fund insolvent. fied that the new health care law will has done a great deal of work in this

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.063 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2213 area, as have many health care pro- we discover it is even more program. You see, the law created new viders and many hospitals in the State unaffordable than was suspected. regulations that drive up the price of of Maine. They are experimenting with Over a period of about 3 months, our insurance for millions of Americans. new delivery models that will help staff worked diligently to estimate the The writers of the law knew it would them better control chronic disease new unfunded liability that would be inflate the cost of insurance premiums, treatments, which, in turn, will not imposed by the passage of this legisla- so to cover that cost, they had to in- only improve the quality of health care tion. This is not the total cost of the clude new government subsidies so peo- but also help to lower costs. bill but the unfunded mandatory cov- ple could pay for their more expensive We should be able to agree on ways erage obligations incurred by the U.S. insurance. to address the serious health care Government on behalf of the people of On Medicaid, this new health care workforce shortages that plague rural the United States over a period of law has added another $5 trillion to its and small-town America. Simply hav- time. unfunded liabilities. This is on top of ing an insurance card will do you little An unfunded obligation is basically the substantial unfunded obligations or no good if there is no one available the amount of money we will have to the Federal and State governments to provide the health care. spend on a mandatory expense that the have already had to take on in order to In short, I believe we made—Congress bill does not have a funding source to support Medicaid. They have protested made—a real error in passing meet—money we don’t have but money vigorously to us, warning of these addi- ObamaCare. We should repeal the law we are committed to spend. It is this tional deep expenditure requirements so we can start over, to work together kind of long-term unfunded obligation that are falling on the States. in a bipartisan way to draft a health that will place this Nation’s financial These figures don’t even account for care bill that achieves the consensus situation at such great risk. It is the the dozens of new bureaucracies that goals of providing more choice, con- thing that has called witness after wit- will be created to implement the Presi- taining health care costs, improving ness before the Budget Committee, on dent’s health care law or the expansion quality and access, and making health which I am ranking member, who tell of the bureaucracies. Those costs are us we are on an unsustainable path. care coverage more affordable for all not included in the $17 trillion or the That means money we will either have Americans. cost estimates the administration used I yield the floor and suggest the ab- to print, borrow, or tax to meet the ob- for the bill. For instance, the IRS has sence of a quorum. ligations we would incur as a people as requested 4,000 new IRS agents and $300 The PRESIDING OFFICER. The a result of the passage of this bill. million in additional funds for their For instance, it is widely agreed that clerk will call the roll. part in implementing the new law. Social Security has an unfunded liabil- The legislative clerk proceeded to At a time when we should be trying— ity of $7 trillion over 75 years. That is call the roll. we have to—to shore up programs that an enormous sum. It is double the en- Mr. SESSIONS. Madam President, I are threatened by default—Medicare, tire amount of the U.S. budget today. ask unanimous consent that the order Social Security, Medicaid—this health My staff used the models that are used for the quorum call be rescinded. care law adds an entirely new obliga- by the Centers for Medicare and Med- The PRESIDING OFFICER (Mrs. tion—one we cannot pay for—and puts icaid Services. They talked with the SHAHEEN). Without objection, it is so the entire financing of the U.S. Gov- individual experts about these numbers ordered. ernment in jeopardy. We don’t have the and worked diligently to come up with Mr. SESSIONS. Madam President, I money. We don’t have another $17 tril- a figure using appropriate methods. ask unanimous consent to speak as in That figure, using the administration’s lion in unfunded liabilities that we can morning business for up to 15 minutes. own optimistic assumptions and claims add to our account. We have to reduce The PRESIDING OFFICER. Without about the cost of the law, is an incred- the ones we have. This has been obvi- objection, it is so ordered. ible $17 trillion that would be added to ous for several decades. People have Mr. SESSIONS. Madam President, I the unfunded liabilities of the United talked about it repeatedly. am here today to share a new and stun- Instead of doing something about States over the next 75 years. That is ning revelation unearthed by my staff those programs that are headed to more than twice the unfunded liability on the Senate Budget Committee. One of Social Security. bankruptcy, we add—under this Presi- of my responsibilities as the ranking I wish to emphasize that this $17 tril- dent’s determined insistence and a member is to look at the long-term lion figure is not an estimate based on straight party-line vote—one of the cost of legislation, so we wanted to as- what we think the bill will really cost largest unfunded mandates in history certain the long-term cost of the Presi- if all the administration’s claims and on top of what we already have. How dent’s health care bill—I mean the promises were to be proven false—and can we possibly justify this? It cannot kind of long-term cost analysis that certainly there have been matters be justified. has been going on for a number of proven false already. We used the ad- This bill has to be removed from the years with regard to Medicare, Social ministration’s own figures. So the un- books because we don’t have the Security, and Medicaid, over a 75-year funded liability is almost certainly not money. There are a lot of other rea- period. I was floored by what we dis- going to be less than $17 trillion, but if sons, but that is one of them. It is ines- covered. any more of the administration’s capable. It would be absolutely irre- First, let’s put in a little context. claims unravel—as so many already sponsible for this Congress to maintain President Obama told the American have—the cost of the program’s un- a law that would run up this kind of people repeatedly that his health care paid-for obligation will rise radically debt—21⁄2 times the unfunded obliga- bill would cost $900 billion over 10 higher than $17 trillion. For instance, tions of Social Security—and we are years and that it would not add one former CBO Director Douglas Holtz- worried about our children being able dime to the public debt. But we have Eakin, an expert in these matters, says to have their Social Security checks on shown that the cost score for the first that millions more individuals may time. 10 years of implementation, when the lose their current employer coverage This is not a little bitty matter, it is bill is fully implemented, is actually and be placed into the government-sup- important. So I will be sending a letter $2.6 trillion—almost three times as ported exchanges than currently pro- to the GAO, the Government Account- much. jected—than what the administration ability Office. They do these kinds of In addition, the offsets used to reduce has projected. But we didn’t follow Mr. scorings over 75 years. We will ask the law’s official cost were enormous Holtz-Eakin’s arguments or concerns; them to construct their independent and phony, as I have discussed before we took the administration’s assump- estimate of the unfunded health care and will detail at another time. These tions. law obligations. I believe they will be are unacceptable offsets. You have Let me briefly explain some of what similar to the ones my staff has pro- heard the story of Mr. Mistoffelees, the now comprises this additional $17 tril- duced. I hope they are better, but I am Napoleon of Crime. I say that this bill lion in unfunded obligations. afraid they are not. And even if they is the Napoleon of criminal offsets. The Madam President, $12 trillion is for come close to what we have calculated, more we learn about the bill, the more the health care law’s premium subsidy it is pretty clear that the money that

VerDate Mar 15 2010 06:17 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.080 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2214 CONGRESSIONAL RECORD — SENATE March 29, 2012 will be coming in could be far less and A lot of people have focused on the similar kind of compunction to say we the obligations could be far more than individual mandate as being constitu- would like people to get covered for what are being projected, as Mr. Holtz- tional or unconstitutional. I am not a health care, but in this case not to Eakin and others have said. It is an ur- lawyer. I don’t pretend to be an expert mandate it, as we do with Social Secu- gent matter. on that stuff. I studied a little econom- rity. So we will see how it works out in I plan to come to the floor in the ics when I was a Navy ROTC mid- the Supreme Court. coming days to continue to explain the shipman at Ohio State. When I got out They heard arguments this week, and true fiscal cost facts about this legisla- of the Navy and moved to Delaware to I am sure the arguments will continue tion. There are many other serious get an MBA under the GI bill, I studied on the air waves, at townhall meetings, problems with it. It is unpopular, some more economics and all, but I and on television for months to come unaffordable, unconstitutional, and it don’t pretend to be a lawyer. But I do and maybe beyond that. Who knows. has to be repealed. know this: Health insurance companies But the heart and soul of the health I yield the floor. have said to all of us—Democrats, Re- care reform legislation has less to do The PRESIDING OFFICER. The Sen- publicans, Presidents, now and in the with mandates for me than it does with ator from Delaware. past—look, if you expect us to provide how to get better health care outcomes Mr. CARPER. Madam President, I ap- health insurance for folks with pre- for less money. For me, that is it—bet- preciate the opportunity to speak. I existing conditions, you have to make ter health care outcomes for less ask unanimous consent to speak as in sure the pool of people we have to money. morning business. cover includes not just people who have We don’t have to look at Japan and The PRESIDING OFFICER. Without other countries to figure that out. All objection, it is so ordered. preexisting conditions—not just people we have to do is look at places such as Mr. CARPER. Madam President, I who are sick or have illnesses or condi- Minnesota’s Mayo Clinic, in Ohio the feel compelled to say a word on the tions that are expensive to treat—you heels of our colleague from Alabama, have to make sure we have a pool of Cleveland Clinic, Pennsylvania’s whom I salute as he heads off into the people to insure that includes some health care delivery system, which is setting Sun. I wish him well and to healthy people. called Geisinger, Utah’s Intermountain have a good break. The way some countries deal with Healthcare, and California’s Kaiser When I was in the Navy during the this is they mandate for everybody to Permanente. What do they have in Vietnam war, when we weren’t flying a have coverage. We didn’t want to do common? They get better health care lot of missions off the coast of Cam- that. We didn’t want to mandate that outcomes for tens of millions of people bodia and Vietnam, we flew into a lot everybody have coverage, but we want- for less money than most other health of other countries, including Japan. I ed to incentivize people, including care delivery systems in this country. have always had an interest in Japan healthier people—including healthier Better results for less money. in terms of the way they provide young people the ages of my sons who How do they do it? Well, they have health care. One thing that intrigues are in their early twenties—to make figured out what works, and they do me about that is that they spend half sure at least some of those young men more of that. They figured out what as much money for health care as we and women end up in that pool, so doesn’t work to get better health care do. They spend 8 percent of gross do- healthy people end up in that pool. outcomes for less money, and they do mestic product. We spend 16 percent of So part of the request from the less of that. They have moved away gross domestic product. They get bet- health insurance industry, in return from what we call a fee-for-service ap- ter outcomes—everything from longer for doing away with preexisting condi- proach to health care. life expectancy to lower rates of infant tions and basically screening out sick People get sick, they go see a doctor, mortality—and they cover everybody. people, saying they are not going to they go see a nurse. They have visits They cover everybody. It is not social- provide coverage for them, was to and get shots or they get lab tests done ized medicine. They have a private make sure a lot of healthier people or get x-rays or MRIs. We treat people health care delivery system and pri- ended up being in that health insur- when they get sick. For years, that is vate health insurance companies as ance pool. the way we have done health care in well as we do, but they get a better re- The way we decided to do it in the this country, including Medicare and sult for about half the money we do, health care bill, in the law rather than Medicaid. Much smarter ideas have and we have to compete with them. just mandate people get coverage, was come out of Cleveland’s clinic, and It is not a fair competition. We have to incentivize them. If they choose not they have a huge health care clinic in our businesses that are competing di- to, that is their business. If they hap- northern Ohio, the Mayo Clinic, rectly with the Japanese and, frankly, pen to be poor, we will help them pay Geisinger in Pennsylvania, Inter- with other countries as well. But when down their cost for health care. But if mountain in Utah, and Kaiser they are spending half as much money they are not poor, and they have the fi- Permanente mostly in California. for health care, and we are trying to nancial means, we would like for them Here is what they do. They do not compete our businesses against theirs, to get coverage. We are not going to just incentivize health care providers— it is not a fair fight. It is like having mandate it, but the first year we have doctors, nurses, and hospitals—to work one arm tied behind our back. the means to be able to have coverage on people when they are sick. Their in- For years, Presidents, Members of and they choose not to, there will be a centive works entirely different. What Congress—Democrat and Republican— fine or a penalty of some kind—maybe they do in those places is focus on how have talked about this challenge—the a couple hundred bucks, and that will to keep people healthy, not just how to fact we spend so much more money for increase not to $1,000 or $2,000, but it incentivize the doctors, hospitals, and health care than the rest of the world, will go up several hundred dollars in nurses to keep people healthy, but how and we don’t get better results and, in order to encourage people to get the do we incentivize the patient, the per- a lot of cases, we get worse results and coverage. son whose health is at stake, how do we we don’t cover everybody. We have a At the end of the day, some people incentivize them to take personal re- lot of people uncovered. That is not will say: I am paying $600—whatever it sponsibility for their own health care. smart. ends up being. Maybe instead of paying In my mind that is the heart and soul For years, for decades, nobody took this fee I should just go ahead and get of the health care reform right there. it on. They tried during the Clinton ad- some health insurance coverage. The Among the smart things that work are ministration but gave up during that idea is to provide some plans that are large purchasing pools. We have an 8- course. They didn’t have the kind of bi- reasonably affordable so folks can take million-person pool for us that we are partisan support that is needed. Frank- advantage of them. part of. Members of Congress, our ly, we didn’t have the bipartisan sup- So that is the issue of the mandate. staffs, all Federal employees, Federal port I would like to have had on health The Supreme Court will decide whether retirees, and our dependents are part of care reform when we took it up during under the commerce clause of the Con- a huge purchasing pool called the Fed- the earlier part of this current admin- stitution that just as we compel people eral Employees Health Benefits Plan. istration. to pay into Social Security, it can be a It is approximately 8 million people.

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.082 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2215 We don’t have 8 million Federal em- in Maryland, could be offered in Penn- will drive it a few more miles before it ployees, but we have 8 million people sylvania or offered in New Jersey. So is ready do sit more in the driveway when we add in retirees and dependents we would have a larger purchasing and take a rest. and so forth. We are part of this big pool, more competition, and a better I want to begin by acknowledging health care purchasing pool. We get deal for the consumer. I think that is that I go home just about every night lower prices. another part of the heart and soul. and talk to people literally almost It is not free. We pay about 28 per- So two things, and I will close on this every day, morning or evening, in Dela- cent of the cost of our premiums as and then turn to what I came to the ware. I will cover the State this week- Federal employees and servants, if you floor to talk about. But I was inspired end and for the next week or two dur- will, to people in our respective States, by my friend from Alabama. In terms ing our recess, so I hear a lot directly and our employers, the taxpayers, pay of the key reforms in the health care from the folks I am privileged to rep- the other 72 percent or so. legislation, No. 1, move away from fee- resent about their concerns about gas But what we are going to do is pro- for-service—just paying for treating prices at the pump and the kind of vide the opportunity for individuals, people when they are sick. Migrate pressure it puts on the budgets within for families, for businesses—small and away from that. We still need to treat their own families. midsize businesses—all over the coun- people when they are sick, but migrate I understand gas prices are at their try, in less than 24 months, to be able to a system like we have at Mayo, peak. Actually, they have been higher to join a similar kind of purchasing Cleveland Clinic, Geisinger, Inter- than this. I think they were a little pool. We are going to start them, and mountain Health, and Kaiser over 4 bucks during part of the Bush every State—New Hampshire, Dela- Permanente where they focus on how administration, but this is as high as ware, Alabama, and every other we keep people well. Focus on preven- they have been for some time. It puts a State—will have the opportunity to tion and wellness and focus on treating strain on American families and Amer- have their own large purchasing pool people in a coordinated fashion as a ican businesses, and it threatens to im- to be able to take advantage of lower team, not as individual providers. Very pede or slow down our economic recov- administrative costs. smart. ery, which is actually moving at a The administrative costs for our Fed- The other key element is this idea of pretty good pace. Unfortunately, the eral Employees Health Benefits Plan is creating these large purchasing pools solution is not as simple as some would $3 out of every $100 of the cost of the and trying to incentivize people to be suggest. If it were, we would not be premium. So $3 out of every $100 of pre- part of the health care delivery system having this discussion every year or mium costs goes for administration. In by taking better care of themselves. So two around the same time. most plans for individuals, for families those are the two keys. I am asked sometimes: Why don’t we and small businesses, it is more like 20 f just drill more in this country? Some or 30 percent. So 3 percent for our large assume high gas prices at the pump purchasing pool, and we will have those GAS PRICES must mean we have slowed down or available, in fact, in every State. Mr. CARPER. Madam President, I stopped drilling at home. The other thing we have going for us want to switch gears and talk a little Many are surprised by the answer, in the Federal Employees Health Bene- about gas prices. Madam President, I and the answer is we are drilling more fits Plan is we use private health insur- don’t know what kind of vehicle you in America. In fact, I believe—correct ance plans. We are not using socialized drive most of your miles in while in me if I am wrong—but we are drilling medicine or stuff like that. The private New Hampshire. The vehicle I drive more in this country than we have for health insurance plans in the country most of my miles in, and have been at least the last 8 years. Because we can sign up and say they want to be driving in Delaware for 11 years now, is are drilling more, the United States is able to offer their plans to the folks a Town and Country Chrysler minivan. who are Federal employees with de- now a net oil exporter, not a net oil im- When I stepped down as Governor in pendents, to Federal retirees, and so we porter. This country, which for years 2001, my old Chevrolet Corsica was can choose among them. So there is a we said we are the Saudi Arabia of about 12 or 13 years old, and my wife lot of competition between those coal, is now on its way to becoming the said: Don’t you think it is about time health insurance companies, and we Saudi Arabia of natural gas. As we to get something new? So I took my get the benefit from that competition. have opened for drilling additional It drives down cost. Competition helps oldest son Christopher, who was about acres onshore, offshore, off Alaska, and drive down cost and improves the range 12 at the time, and I said: Let’s go out the gulf, we are in a position to become of opportunities. and shop for a new car. I thought it a net oil exporter. The other thing I like about the law would be a man thing, a dad and son The Obama administration has made is that, for the most part, insurance thing. available millions of acres for oil and can’t be sold across State lines. But we So we went out and drove Porsches, gas exploration in the last year or two, make an exception. I will use Delaware we drove Ferraris, and we bought a 2001 approving more than 400 drilling per- as an example. We are boundaried on Chrysler Town and Country minivan, mits since the new safety standards the west by Maryland, to the north by which he laments to this day. Anyway, were put in place. These safety stand- Pennsylvania, and to the east by New fast-forward 11 years, and we had a ards, we may recall, were implemented Jersey. When we establish our own meeting yesterday morning, as you to make sure we didn’t have a repeat health insurance pool in 2014, we will know, with the CEO of Chrysler-Fiat, oilspill disaster such as the BP oilspill have about 900,000 people. So we will and I mentioned at the meeting that that occurred almost 2 years ago have a huge health insurance pool, but we bought this vehicle when I stepped today. we are sure not going to have 8 million down as Governor, and 11 years later— We have been joined on the floor by people. later this week—the odometer will re- Senator NELSON of Florida, who re- But what we will have under the law flect the numbers 300,000 and counting. members all too well the oil that is the opportunity to create an inter- It will have over 300,000 miles. We are washed up in places such as Pensacola, state compact between Maryland or going to go over 300,000 miles. So it was where I did basic training on my way Delaware or Delaware and Pennsyl- built to last. What a great car, built in to becoming a naval flight officer. But vania or Delaware and New Jersey or this country, a terrific vehicle. But since we got that straightened out and maybe all of the above and have a when I stopped and got gas last week- put in place tighter restrictions for multistate purchasing pool or ex- end, we paid about $3.81, and the prices drilling safeguards, 400 or so new drill- change. The great thing about this ap- continue to go up—mostly up, some- ing permits just since then have been proach is we, No. 1, will have a bigger times down, and then back up again. put in place with stronger safety stand- pool, which will drive down administra- What I would like to do is talk a lit- ards. tive costs and increase the competi- tle about high gas prices and how it As a result, we have a record number tion. puts pressure on all budgets, including of oil rigs operating right now, more The health care that would be avail- the budget of my own family. We drive working oil and gas rigs than the rest able in Delaware plans could be offered that vehicle a whole lot and, hopefully, of the world combined. Let me say that

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.084 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2216 CONGRESSIONAL RECORD — SENATE March 29, 2012 again. With the changes that have been This doesn’t make a whole lot of choice is natural gas, converting large made, the increases in permitting in a sense to me, but let me stop. I wish to diesel vehicles into using natural gas, year or two, we now have a record be clear on this point. I don’t think electricity from clean energy or number of oil rigs operating right now, any of us should begrudge the oil and biofuels or nuclear. more working oil and gas rigs than the gas companies their success. They have For the first time in 30 years, the Nu- rest of the world combined—combined. a fair amount at risk when they drill clear Regulatory Commission has just Yet of the millions of acres our govern- for oil or gas, and it is not a business approved the construction of two nu- ment has allowed for oil and gas devel- without risk. But this is also a business clear powerplants. We went 30 years opment, only 25 percent of those acres with enormous payoffs and enormous without building a new nuclear power- are being used for production. rewards for assuming those risks. plant. Two are underway right now We have a chart that demonstrates But I do question giving away bil- down in Georgia. They use a new de- that rather graphically. If you will, lions of taxpayer dollars in drilling sign called the AP–1000, also just ap- think of all this as the millions of subsidies at a time when we are run- proved by the Nuclear Regulatory acres that are available for oil and gas ning record Federal deficits to estab- Commission. The new design is one development in this country. Of all lished and successful industries that I that literally shuts down a nuclear these in the orange, we have the per- don’t think need a whole lot of finan- plant. If we have a hurricane or if we centage that are producing acres, that cial incentive to drill more in this have an earthquake or if we have a tsu- actually have permits and the oil and country. If they can make 100 or 110 nami, basically it shuts itself down. We gas companies could be drilling; 25 per- bucks a barrel or so, that is pretty don’t have to worry about the problems cent of these are producing acres and 75 good incentive, at least in my mind. they had in Fukushima, where they percent of these are nonproducing Why? Because at the end of this day, lost communication, where they lost acres. It is not because people are drill- it is not the solution. We can’t drill our the pumping system, where all this and ing and coming up with dry holes; it is way out of the situation we are in. that happened, everything that could because, in many cases, they are not I am told that, today, America con- go wrong went wrong. These systems drilling. sumes some 19.5 million barrels every under the AP–1000 basically shut down Keep that picture in mind. You know day. The primary reason that amount by themselves. It is a much smarter ap- the old saying, a picture is worth a is so high is because Americans have proach, and it is the way the two new thousand words. This is worth at least very little choice at the pump; and powerplants in Georgia are going to be 500, maybe even more than that. until recently, we had very little built. That is part of the solution as Mr. NELSON of Florida. Would the choice in the automotive showrooms. well. Senator yield for that point? That has changed rather dramatically But we need investments in new fuels Mr. CARPER. I would be happy to in 5 years, and it is going to change a and investments in new vehicles and yield. whole lot more. But we can choose be- new infrastructure to use these new Mr. NELSON of Florida. Would the tween oil and oil most of the time American-made alternative fuels. We Senator believe that in the Gulf of when we pull into a gas station to fill already have vehicles that can run on Mexico, of all the production there, the up. Basically, every American driver’s biofuels and natural gas and elec- percentage is even worse in all those dollars are a foregone conclusion to the tricity. We had the folks from the U.S. acres that are under lease, which is 32 oil industry. Navy in the other day, including some million acres. What do we need to do about this? people from down in Florida, and they Mr. CARPER. Just in the gulf? How about some choice. Maybe we can are flying Navy airplanes, Air Force Mr. NELSON of Florida. Just in the give Americans a choice. In the chart airplanes, using a 50–50 mixture of jet gulf, 32 million acres. Guess how many we have, we have solar. Some of the fuel and biofuel and with no degrada- acres are actually drilled and pro- new vehicles that are being made actu- tion in performance. We need to make ducing? ally have solar panels on their roofs. those vehicles—whether they are air- Mr. CARPER. Eight million. Here we have wind. We are har- craft or cars, trucks, and vans—make Mr. NELSON of Florida. Six million. nessing a lot of wind around the coun- those vehicles and the fuels for those Mr. CARPER. Really. try. Hopefully, before long we will har- vehicles more available to the Amer- Mr. NELSON of Florida. Six. So 26 ness it off the east coast, maybe from ican people, in this case our Armed million acres are under lease in the North Carolina up to Maine, to provide Forces. We need a choice. We need a Gulf of Mexico and are not being pro- electricity. It will help provide the greater choice than what we have had, duced. juice they need for these hybrid elec- and the bill offered by Senator MENEN- Mr. CARPER. I thank the Senator for tric vehicles that are being made more DEZ actually starts to give us that that. and more. We have nuclear. We have a choice. Mr. NELSON of Florida. Wouldn’t it lot of nuclear in the mid-Atlantic and I am getting close to the end, so let suggest that they ought to use it or the Northeast that can provide elec- me just say that instead of giving bil- lose it? tricity, if you will, the juice, for these lions of dollars to oil companies to con- Mr. CARPER. It certainly would. I hybrid electric vehicles. tinue what they are already doing, why thank the Senator for sharing that Here, we have companies such as Du- don’t we put some Federal dollars in to point with us. Pont in our State working with BP to work to allow real choices at the So here we are, more drilling in actually create—not corn ethanol but pump? It turns out that some of the America, onshore and offshore. We are ethanol, cellulosic ethanol out of corn folks who are doing some cutting-edge no longer a net oil importer. We have stovers. What is a corn stover? That is work in this turn out to be some of 75 million acres that are leased and the cornstalk, that is the corncob, that these oil companies. Some of the best have yet to be tapped, and a lot of is the leaf of the corn—and create a biofuels work is being done by, I think, those are down in the gulf, as Senator fuel called biobutanol that we will hear outfits like BP and Shell. Rather than NELSON suggests. Yet American con- more about in the years to come that incentivize them just to drill more, sumers are still paying more at the has better energy density than corn why don’t we incentivize them to come pump. ethanol. It mixes better with gasoline up with alternative and biofuels and All the while, the five largest oil than corn ethanol. It actually travels other kinds of renewable forms of en- companies, BP, Chevron, Conoco- through pipelines. Corn ethanol doesn’t ergy? They shouldn’t be cut out of Phillips, ExxonMobil, Royal Dutch do that. It is like all the things corn that. They are energy companies. They Shell Group did pretty well. They made ethanol is not. are not just oil and gas companies. about $137 billion last year. To top it That is the kind of stuff we ought to Let’s incentivize them to create en- off, these companies received billions be doing. We need to be incentivizing— ergy. of dollars in taxpayer subsidies to drill not only being involved in the R&D of I wish to go back a couple years. I for oil and gas, even as they are mak- that stuff but also encouraging its wish to go back to 2002. I am told that ing very healthy—I think record- being used, and I think market forces from 2002 to 2010, Chevron spent some- breaking—profits. will take it from there, whether the thing like roughly $4.5 billion globally;

VerDate Mar 15 2010 06:17 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.085 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2217 from 2002 to 2010 they did it on research on this subject. This is a guy who is and that is that as the cost of gas and development for renewables and al- good on just using some common sense. creeps higher and higher—and in parts ternatives including geothermal, My dad was a naval chief petty offi- of Florida it is now $4 a gallon, and oil biofuels, advanced batteries, wind and cer for 30-some years. He used to say to is being sold on the international mar- solar, as well as on energy-efficient my sister and me: Just use some com- ketplace at something like $120 a bar- measures. That is about $4.4 billion. mon sense. We must not have had rel—how much of that is from specula- In 2010 alone, ExxonMobil invested much as kids because he sure said it a tion of people who buy and sell oil con- about $67 million in research and devel- lot. But I think the commonsense ap- tracts for future delivery? How much is opment in oil alternatives, mainly in proach is an all-of-the-above approach. from people who are not users of the algae research. That same year, BP We need to do all of the above, and we oil, such as an airline that would clear- spent $284 million. ConocoPhillips need to incentivize the oil companies ly have reason to want to lock in a spent something like $34 million on re- and a lot of other folks not just to drill fixed price for oil in the future as a search and development and dem- for oil but actually to make sure there hedge against that price of oil going up onstrations in alternative fuels. are good alternatives to that. because they are going to use that oil Again, the idea is these oil companies With that I yield to my friend and as fuel in their airline? No, these are are doing R&D. Why don’t we colleague and bid you adieu. the ones who are merely flipping like incentivize them to do R&D for renew- I thank the Chair. hamburgers the contracts, over and able fuel, not oil and gas. Oil and gas, The PRESIDING OFFICER. The Sen- over, which has a tendency to raise the at $100 a barrel, $90 a barrel, they don’t ator from Florida. price of oil. Mr. NELSON of Florida. Madam need a whole lot in terms of incentives The price of a barrel of oil as it rises President, I came to the floor to talk to drill. Let’s incentivize them to do then clearly is going to affect the price about an outstanding citizen in our the renewable fuels. we pay when we go into the gas station State. But before I do, while my col- I wish to be mindful of our time and and put gas in our gas tank. league is here, I just want to thank be mindful of my colleague waiting. If we would start using some common him for a very well-reasoned state- Let’s close by saying let’s put Federal sense in our approach to these things ment. and do it in a fair way, I think we dollars into choices at the pump that What we need is overall income tax are developed in America. I will say could get along so much better and the code reform. My colleague from Dela- American people would feel so much that again. ware and I have the privilege of sitting We are taking money from the Treas- better about their Tax Code. on the Finance Committee. Even I thank the Senator for his presen- ury. We are using that money to though the prospects for Tax Code re- incentivize the creation of more en- tation. form are very slim between now and Mr. CARPER. If my friend would ergy—in some cases more fuel. Rather the election, perhaps shortly thereafter than just incentivizing creation of tra- yield to me for one more minute, a lot we can get about the seriousness of the of people go out this time of year and ditional fuel that comes out of the Tax Code, making it more fair, more they buy new cars, trucks, and vans. ground, the oil, why don’t we simple, taking revenue that otherwise Traditionally the spring is when people incentivize some of those same oil escapes the Treasury because it goes shop for vehicles. Go back a couple of companies and a bunch of folks that into all these tax preferences called tax years, to 2007. In 2007 we sold 16 million aren’t oil companies to create renew- expenditures, tax loopholes, and use cars, trucks, and vans in this country. able fuels, the kind I just mentioned, that revenue to lower everybody’s In 2009, as we had fallen into the great that will be produced in America, that rates, including the individual rates recession, car sales and truck sales fell will help us lower our costs and create and the corporate rates. to 9 million units; from 16 million to 9 jobs while they are doing it? That is eminently common sense. million in less than 24 months. If we want an apple today, when is The reason I want to point this out is That has changed now. We are on our the best time to plant a tree? The best because our friend from Delaware has way. The CEO of Chrysler was here yes- time to plant a tree is probably 10 just pointed out one of those loopholes terday and said they are on their way years ago, perhaps 6 years ago, if we in an industry that is certainly not to record profits. They paid back the nurture and care for that tree. That is hurting because the five top oil compa- rest of the money we invested in them what we are dealing with today. We nies in the last quarter—that is 90 as taxpayers. But people are starting need to start investing today for the days—had profits, not revenue—the to buy vehicles again. The average life choices in lower utility costs at the five top—north of $25 billion for five of vehicles people own in this country pump tomorrow. companies for 90 days—not revenue, is 11 years, like my Chrysler Town and As to building of the Keystone Pipe- profit. Country minivan. But this is the time line, which is supported by some, op- We do not begrudge them the profit. people will start to trade in vehicles or posed by others—the southern part of But should there be these tax pref- buy something more energy efficient. that is actually underway. The rest is erences that have been etched into the Unlike 5 years ago, people can go going to be going through an approval Tax Code over a century that, in fact, into a Ford, Chrysler, GM dealership, process and should be worked out with- allow this industry to have tax pref- and foreign labels as well, and buy ve- in the next year—is not going to solve erences—in other words, deductions—of hicles that get 30, 35, 40 miles per gal- the price at the pump today. What we $4 billion a year? lon and more. And finally, the avail- need is what we call an all-of-the-above I think that would be a place we ability of credit has come back. I say approach—an all-of-the-above ap- could start on tax preferences. You are to people who have that ability, think- proach—which includes nuclear, in- obviously not going to get it in the ing about trading and trading up, this cludes offshore wind, onshore wind, in- context of the politics of an election. is a great time to do it—great vehicles, cludes biofuels, solar, natural gas in And you are not going to get it in iso- great quality and much better effi- big diesel vehicles that we transform to lation. We are going to have to look at ciency, and that is part of the solution take natural gas—all of the above. the overall Tax Code and start making as well. That is what we need to do. We need it more fair for the American taxpayer. Mr. NELSON of Florida. I thank the to nurture new investments for alter- I daresay there are not very many Senator for pulling up the chart that native fuels so we can see the economic American taxpayers who think that showed the amount of acres that are gains sooner rather than later. I think the IRS Tax Code is a fair code. under lease and the minuscule portion Senator MENENDEZ’s legislation does Mr. CARPER. Or simple. of those acres—this is domestic produc- that. That is why I am calling on my Mr. NELSON of Florida. Or simple. tion. We all know that domestic pro- colleagues to support that kind of ap- And as a result I thank him for his elu- duction has shot up in the last 3 years, proach, whether it is this particular cidation of what is a place that we considerably. Yet, of that domestic approach or something similar to that. could start. It is not right or left; it is production, there still is so much ca- That pretty much wraps up what I not R or D; it is common sense. pacity that is already leased out there. want to say. I want to thank my friend One other thing I would add to the I use the example of the Gulf of Mex- from Florida for being a voice of reason excellent presentation of the Senator, ico. In the central and the western

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.086 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2218 CONGRESSIONAL RECORD — SENATE March 29, 2012 gulf, there are 32 million acres under making sure everyone is well rep- last posting was what he called ‘‘Home lease and only 6 million acres of that 32 resented when they have to go through Stretch.’’ He hopes to enter the Chesa- million are actually drilled and pro- the legal process. She is supported by peake Bay by April 12, making his first duced. her family. She is supported by her landfall in nearly a year in Annapolis There is ample opportunity for addi- husband, a fellow lawyer, Sandy on April 13. tional domestic energy production on Weinberg. The Scott Polar Institute in Cam- top of the substantial increase of pro- Again, congratulations, Rosemary bridge, England, has recognized Matt duction that has occurred over the Armstrong, for receiving the Tobias as the first person in history to make course of the last several years if we Simon Pro Bono Service Award. it through the fabled Northwest Pas- would stop fighting about this, if we I yield the floor, and I suggest the ab- sage alone, nonstop, and on such a would stop beating each other over the sence of a quorum. small sailboat. It has never been done head politically with this and get seri- The PRESIDING OFFICER. The before. One would think that would be ous. clerk will call the roll. enough. No. He has continued on his in- Senator CARPER remembers when he The assistant legislative clerk pro- credible, remarkable journey. and I were young Congressmen, we had ceeded to call the roll. Now, one might say: Why is he doing a good example of leadership. We had Mr. HARKIN. Mr. President, I ask that? He is just doing it to set a record. Tip O’Neill, the Speaker in the House, unanimous consent that the order for He has set a lot of records already. and we had Bob Michel, the Republican the quorum call be rescinded. Why is he doing it? He is doing it to leader. The two of them would get into The PRESIDING OFFICER (Mr. raise money for Chesapeake Region Ac- their fights but they were personal MANCHIN). Without objection, it is so cessible Boating. It is an Annapolis- friends, so at the end of the day when ordered. based organization to provide sailing it was time to stop talking and get to- f opportunities for physically or develop- mentally disabled people—for kids and gether and build consensus to get a TRIBUTE TO MATT RUTHERFORD workable solution, they could do it. We young people who are disabled but who need that kind of model operating in Mr. HARKIN. Mr. President, I come like to sail. And this organization, Washington, DC, and State capitals to the floor today to speak about a Chesapeake Region Accessible Boating, around the country. truly remarkable American—a truly does just that—provides them that op- Mr. CARPER. Amen. remarkable visionary, a dreamer, an portunity. adventurer, a doer, and, most impor- f I had the privilege of talking to Matt tant, a young man who has devoted Rutherford last week. He called me on TRIBUTE TO ROSEMARY himself to the service to others far and his satellite phone. It was an exciting ARMSTRONG above the normal call of duty. This phone call for me because I have Mr. NELSON of Florida. Madam young man’s name is Matt Rutherford. watched—I don’t know Matt Ruther- President, I came to the floor today be- I will tell my colleagues about him and ford personally, but I have watched his cause I want to congratulate a Flo- his remarkable adventure and his feat journey, and, of course, I am very en- ridian, Rosemary Armstrong, along that has been unparalleled. thused about the Chesapeake Region with her husband Sandy Weinberg. I He is a 30-year-old Ohioan, and here Accessible Boating organization. So in want to congratulate Rosemary be- is what he has been doing since June 13 talking with him by phone I was really cause she has been such a long-time ad- of last year. On June 13 of last year, he impressed by his courage, his char- vocate of pro bono legal work in our set sail in his 36-year-old, 27-foot Albin acter, his audacity. Above all, I am im- State. Vega boat named St. Brendan. He left pressed by the fact that he is doing this She is a marvelous lawyer, a grad- Annapolis, MD, on June 13, 2011, and is for a cause larger than himself to make uate of Columbia, and why she is to be attempting to sail nearly 25,000 miles it possible for more people with disabil- congratulated at this point is that she from Annapolis, MD, up the east coast, ities to share in his passion for sailing. has received the 2012 Tobias Simon Pro all the way around Newfoundland, up Helen Keller once said, ‘‘It is a ter- Bono Service Award. It is the highest by Greenland, through the Northwest rible thing to see and yet have no vi- honor in the State of Florida bar for Passage, all the way over to Alaska, sion.’’ Well, Matt Rutherford has the pro bono legal work in our State. then from Alaska all the way down to gift of sight. He also has the gift of vi- This year marks the 30th anniversary Cape Horn, around Cape Horn, up sion and indomitable courage. He is of the Tobias Simon award, and it was South America, and back into Annap- one of those remarkable human beings named after the well-known civil olis. Now, what is so remarkable about who dream big, who are driven by big rights attorney in Florida. The award that? Well, it has never been done be- challenges, who refuse to accept the honors the work of private lawyers for fore. He is doing this solo, and he is limits and the boundaries that so- 30 years now, who provide free vol- doing it nonstop. Think about that. He called reasonable people want to place untary legal services to the poor. has never touched land and has not on us. What is more, he has placed him- Over the past 25 years, Rosemary has stopped since he left here 289 days ago. self in the service of others less fortu- used her time and she has used her tal- The trip has taken Matt through nate than himself. ent to provide those pro bono legal some of the Earth’s most treacherous As the lead sponsor of the Americans services. She has volunteered with the oceans, including the Arctic Ocean, the With Disabilities Act, I am particu- Tampa Bay Area Legal Services Volun- oceans up around Alaska, Aleutian larly impressed that Matt is using his teer Lawyers Program since 1986. She Straits, of course all the way down voyage to raise money to help people has donated 1,200 pro bono hours di- through the Pacific, around treach- with disabilities to partake in this rectly to serve those in need. She was erous Cape Horn, and all this in a 27- wonderful pastime of sailing—some- elected to the Bay Area Legal Services foot boat, the kind of boat most sailors thing which I have enjoyed all my Board and she served as a board mem- would maybe be comfortable on off the adult life since I was in the Navy. He is ber for 22 years. She has served as Eastern Shore in the Chesapeake Bay doing this so that children and adults president of that board for 3 years. but not on a journey such as this. As I can have the same opportunity. The Rosemary has handled so many cases said, he has not set foot on dry land for reason I am so enthused about this is in so many areas of the law, including the entire journey—a remarkable ad- that one of the fundamental aspects of elder law, housing, and juvenile de- venture. the ADA—the Americans With Disabil- pendency cases. Of particular note is If my colleagues wish to learn more ities Act—is that people with disabil- the significance of her work with vic- about him, they can go to his Web site, ities should be able to participate fully tims of domestic violence. Rosemary which is called www.solotheamericas in all aspects of society, and that in- was recognized last year for her work .org, and they can read all about his cludes access to recreational opportu- with the Florida Bar President’s Pro amazing journey. He updates his trip. nities such as sailing, which can be ex- Bono Service Award. The last update was yesterday. He is hilarating and empowering for children This award is further recognition of right now east of Cuba and the Domini- and adults with a wide range of disabil- her commitment and dedication to can Republic, right down here, and his ities.

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.088 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2219 I salute Matt Rutherford for his cour- A courageous young man, Matt Ruth- in doing so he was hit by the vehicle. age, for his love of sailing, and being erford. He is going to be back, as I said, He was medically evacuated to willing to share that with the disabled hopefully by April 12. I hope to meet Jalalabad Medical Treatment Facility, community, and for using this adven- him. I have never met the young man, where a surgical team worked to sta- ture, this almost death-defying trip. but I have followed his journey and his bilize him. But, tragically, he died For anyone who knows what it is like courage. He is the kind of person who from his injuries. Because of his heroic to be on a 27-foot boat, to go from here just gives heart and spirit to all of us, actions, the little girl he saved was all the way down to Cape Horn, that is to know there is nothing we can’t do if unharmed in the accident. He will be incredible. Any one of numerous we set our minds and our hearts to it laid to rest this Monday in Rhode Is- storms or anything could have sunk his and if we have the willpower and the land, a hero—someone who exemplifies little boat. He has had a lot of different courage to take it on. So I hope to the qualities of the American soldier: adventures. He sprung a leak. He has meet him when he comes back—again, selfless sacrifice for others. been working on that leak ever since. this young man of great courage. I Sergeant Weichel joined the National Someplace around here, South Amer- hope the home stretch is one with fair Guard in 2001. He was posthumously ica, he lost his engine, so he no longer winds and following seas. promoted to sergeant. He previously has an engine, and he keeps patching Before I yield the floor, I mentioned deployed to Iraq as a member of De- his leak all the time. Every day he has that Matt Rutherford was doing this tachment 2, Headquarters, Head- to patch his leak. So he is fighting a for the Chesapeake Region Accessible quarters Company, 3rd Battalion, of leak every day in his boat. Just going Boating organization that provides the 172nd Infantry, Mountain. In No- around Cape Horn with the tremendous boating for people with disabilities. I vember 2011, he mobilized for deploy- waves and cross currents around Cape would urge anyone who is interested in ment to Afghanistan with the 1st Bat- Horn—to take a small boat through this and who wants to see what a great talion, 143rd Infantry Regiment. there singlehandedly is, as I said, organization it is, they can go to their Each generation of Americans is death-defying. Web site—it is very simple— called upon to protect and sustain our Right up in here, right off the coast www.crabsailing.org. It is a great orga- democracy, and there are no greater of Brazil someplace, he almost got run nization that helps people with disabil- heroes than the men and women who over by a freighter. At night, he had ities to take up sailing and learn the have worn the uniform of our Nation gone to sleep for a little bit. He has a art and the craft of sailing. and who have sacrificed for our coun- light in his boat so people can see him So, again, hats off to a remarkable try to keep it safe and to keep it free. at night. He woke up and he looked out young man on a remarkable journey. I It is our duty to protect the freedom and saw this red light and a green light wish him fair winds and a following sea they sacrificed their lives for through with nothing in between it coming at in his home stretch. our service, our citizenship. We must him. Well, it was a huge freighter, and I yield the floor and note the absence continue to keep their memories alive as the Presiding Officer knows, red on of a quorum. and honor their heroism, not simply by one side, green on the other, bearing The PRESIDING OFFICER. The words but by our deeds as citizens of down on him. He turned, and it missed clerk will call the roll. this country. him just by a few feet and almost sunk The bill clerk proceeded to call the Today our thoughts are with Ser- him in the bow wave of the freighter roll. geant Weichel’s mother Linda, his fa- that went by. So those are the kinds of Mr. DURBIN. Mr. President, I ask ther Dennis, brother Craig, his sisters things Matt has lived with almost unanimous consent that the order for Christine and Charlene, his children every day for 289 days. the quorum call be rescinded. Nicholas and Hope and their mother Matt has great skill, great courage. The PRESIDING OFFICER. Without Amanda, and his fiancee Ashley and He is making a difference. He is going objection, it is so ordered. their daughter Madison, and all his to make a difference for a lot of people. Mr. DURBIN. Mr. President, I ask family and friends and his comrades-in- I especially think of young people with unanimous consent to speak as in arms. We join them in commemorating disabilities who would like to sail, and morning business. his sacrifice and honoring his example because of this organization, Chesa- The PRESIDING OFFICER. Without of selfless service, of love, of courage, peake Bay Accessible Boating, they objection, it is so ordered. and of devotion to the soldiers with will have the opportunity to do so. (The remarks of Mr. DURBIN per- whom he served and the people of Af- So, again, this is one of the nice taining to the introduction of S. 2280 ghanistan he was trying to help. things we see happening in America. are located in today’s RECORD under Sergeant Weichel is one among many We think there are no individuals with ‘‘Statements on Introduced Bills and Rhode Islanders who have proven their that individual kind of courage to take Joint Resolutions.’’) loyalty, their integrity, and their per- on the elements, to risk their lives. Mr. DURBIN. Mr. President, I yield sonal courage by giving the last full Well, we still have them, and Matt the floor. measure of their lives in service to our Rutherford stands in a line of great ad- The PRESIDING OFFICER (Mr. country in Afghanistan, in Iraq, and venturers in our history. I applaud him FRANKEN). The Senator from Rhode Is- elsewhere around the globe and for his brave spirit, and I wish him safe land. throughout the years. Today we honor passage on his home stretch and on the f his memory and all those who have final leg of his epic journey. served and sacrificed as he did. He joins the ranks of Joshua Slocum HONORING OUR ARMED FORCES Sergeant Weichel joins a roll of who, on Spray, was the first person to SERGEANT DENNIS WEICHEL honor that includes the following circumnavigate the globe solo. He Mr. REED. Mr. President, I rise Rhode Islanders killed since September wrote a wonderful book: ‘‘Sailing Alone today, along with my colleague from 11, 2001: Around the World.’’ He did it before the Rhode Island, to pay tribute to SGT SPC Dennis Poulin, Army National turn of the last century. He did it in Dennis Weichel, a Rhode Islander who Guard; SGT Michael Paranzino, Army; the 1890s. He also joins the ranks of the served in the Rhode Island National PFC Kyle Coutu, Marine Corps; LTJG next great person who sailed alone, Sir Guard. Francis L. Toner, IV, Navy; PO3 Ron- Francis Chichester, on the Gypsy Moth On March 22, Sergeant Weichel was ald A. Gill, Jr., Coast Guard; SGT Mi- IV not too many years ago, who in a convoy with his unit in Laghman chael R. Weidemann, Army; SGT circumnavigated the globe. So to Josh- Province, Afghanistan. Some children Moises Jazmin, Army; SSG Dale James ua Slocum and Sir Francis Chichester were in the road and Sergeant Weichel Kelly, Jr., Army National Guard; SGT we can now add Matt Rutherford, on and other troops got out to move the Brian R. St. Germain, Marine Corps; St. Brendan, for an incredible journey children to safety. Most of the children SGT Dennis J. Flanagan, Army; 2LT around both of the Americas, solo and moved out of the way, but one little Matthew S. Coutu, Army; LCPL Holly nonstop. It has never been done before, girl went back to the road. As an A. Charette, Marine Corps; SSG Chris- and it may never be done again. And he MRAP approached, Sergeant Weichel topher S. Potts, Army National Guard; is doing it for the best of all reasons. pulled her out of the vehicle’s path, but LCPL John J. Van Gyzen, IV, Marine

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.089 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2220 CONGRESSIONAL RECORD — SENATE March 29, 2012 Corps; CPT Christopher S. Cash, Army; I am sure this was a parent’s instinct ticularly high stacks so the emissions LCPL Matthew K. Serio, Marine Corps; and that Dennis had in mind his own from that coal plant get pushed into MSG Richard L. Ferguson, Army; SFC children: Nicholas, age 8; Hope, age 6; the high atmosphere and they move Curtis Mancini, Army Reserve; CPT and baby Madison. Dennis was evacu- east toward Rhode Island in the pre- Matthew J. August, Army; CW5 Sharon ated to the Jalalabad Medical Treat- vailing winds and we experience that as T. Swartworth, Army; SPC Michael ment Facility, and there he succumbed smog, as ozone, as air pollution. So Andrade, Army National Guard; SGT to his injuries. there is an element of deliberateness to Charles T. Caldwell, Army National Dennis leaves behind his fiancee Ash- this. Guard; SSG Joseph Camara, Army Na- ley, the mother of their 8-month-old There are places in this country that tional Guard; and SGT Gregory A. baby girl Madison. He leaves behind his are in compliance with air quality Belanger, Army Reserve. former wife Amanda, who is mother to standards because they have put their All of these men and women have his son Nicholas and his daughter emissions up high enough that it lands given their lives in the last decade in Hope. He leaves behind his mother and somewhere else. Rhode Island is often Afghanistan and Iraq. It is a roll of father Linda Reynolds and Dennis out of compliance with air quality honor. It is a roll that Sergeant Weichel, Sr. standards, and it is not from emissions Weichel joins. It should be, for us, a My deepest and heartfelt sorrows and in our home State. So we hear a lot roll not just to recognize and remem- prayers go out to all of Dennis’s family from the coal-burning polluters about ber but to recommit to trying in some and to his friends. Senator REED and I all the terrible things the EPA rule is small way to match their great sac- will join them this weekend to pay our going to cause. It is going to cause rifice for this great Nation. respects when Dennis comes home for nothing but good in Rhode Island. With that, Mr. President, I yield the the last time to Rhode Island. It is outrageous that on a bright, floor. Dennis acted with instinctive brav- clear summer day one can be driving in The PRESIDING OFFICER. The Sen- ery on that road in Laghman Province. to work in Rhode Island and hear over ator from Rhode Island. His action reflected the selfless dedica- the car radio the announcer letting us Mr. WHITEHOUSE. Mr. President, it tion of an American soldier and the know that today is going to be a bad is with great sadness but also consider- heart of a father toward a child. Dennis air day in Rhode Island. We look out able pride that I join Senator REED has been posthumously promoted from the window and it looks absolutely today to honor the service of SGT Den- the rank of specialist to sergeant, and beautiful, but it is going to be a bad air nis P. Weichel, Jr., of the Rhode Island his family will receive the Bronze Star day, they tell us. Infants should be National Guard, who died 1 week ago he has been awarded for heroism. kept indoors in air-conditioning, sen- today while serving our country in Af- The writer Joseph Campbell once de- iors should not go outside, people with ghanistan. scribed a hero as someone who has breathing difficulties should stay in- Dennis’ actions in defense of the lives given his or her life to something big- doors, and everyone should avoid vig- of vulnerable civilians embody the ger than one’s self. In giving his life to orous physical activity because the air most noble spirit of service, sacrifice, save one small child, SGT Dennis quality is too poor. That is not a price and loyalty found in the hearts of the Weichel has reflected great honor upon a carbon polluter in one State should men and women serving our Nation in our military and its best traditions and get to require the seniors, the children, uniform in the most dangerous corners this great Nation and the values for the families in another State to have of the globe. In particular, they reflect which it stands. He will justly be re- to pay. the spirit of service of the Rhode Island membered a hero. I am delighted EPA has begun to National Guard, which is the second Mr. President, I yield the floor. apply this rule. Unfortunately, it only most heavily deployed State guard in Mr. REED. Mr. President, I suggest applies to new powerplants. So the ex- the country. the absence of a quorum. isting coal-burning powerplants that The PRESIDING OFFICER. The Dennis, who was 29 years old, lived in create so much of this pollution in our clerk will call the roll. Providence. He had joined the Rhode The assistant legislative clerk pro- State, we are going to need to continue Island National Guard in 2001, and he ceeded to call the roll. to work to crack down on until these deployed to Iraq in 2005 in support of Mr. WHITEHOUSE. Mr. President, I States are sufficiently responsible in Operation Iraqi Freedom as a member ask unanimous consent that the order their use of power and in how they of Company D, 3rd Battalion, 172nd In- for the quorum call be rescinded. burn fuel to generate their power that fantry, Mountain, Regiment. In No- The PRESIDING OFFICER. Without they are not exporting bad air and pol- vember 2011, Dennis mobilized with objection, it is so ordered. lution to other States. Company C, 1st Battalion, 143rd Infan- As important as this is to Rhode Is- f try Regiment, 56th Troop Command, to land as a downwind State, as impor- Camp Atterbury, IN. His unit deployed EPA tant it is to protect the lungs of our forward to Afghanistan just this Mr. WHITEHOUSE. Mr. President, I kids and our families, this is also an month. wish to take some time this evening to important step for EPA to have taken He had only been in Afghanistan a congratulate our Environmental Pro- because of the global problem we have few weeks when his unit encountered a tection Agency and to thank them for from carbon pollution. The carbon pol- group of children on its way out of the the rule they proposed this week re- lution we are unleashing as a country— Black Hills Firing Range in Laghman garding new coal-fired powerplants. frankly, as a species across the globe— Province. The children were scavenging They have taken a certain amount of is having a dire effect in our atmos- in the road for brass shell casings, heat over this rule and have been criti- phere. It is having a dire effect in our which are recyclable for money in Af- cized. But I come from Rhode Island, oceans. It is truly causing our climate ghanistan. and Rhode Island is a downwind State to change and the changes are going to Dennis, a father of three, hopped from the coal-fired powerplants of the be very difficult and very dangerous for down from his vehicle to help move the Midwest. We pay the price for the coal our country in the future. That is not children safely out of the path of the power those Midwestern States burn. just my opinion. That is the opinion of convoy of trucks and armored vehicles. We pay the price in children coming in our military leaders. That is the opin- As the heavy trucks rumbled past, it to our hospitals with asthma attacks. ion of our national defense intelligence appears a young Afghan girl darted We pay the price in ozone levels that establishment. It is treated as a fact in back into the road to grab one last are outside our control. We are a State those responsible quarters of our gov- brass shell casing. Seeing one of his that contributes very little in pollu- ernment. unit’s Mine Resistant Ambush Pro- tion to other States, but we are on the Unfortunately, here and down there tected Vehicles bearing down on the receiving end. We are down the gun in the House of Representatives, there girl, Dennis reacted swiftly and self- barrel of the big array of coal-fired is a campaign of denial that is being lessly, lifting the girl to safety and powerplants in the Midwest. propagated that is clearly supported by placing himself in the path of the 16- They have not only continued to the polluting industries and has the ton MRAP. burn dirty coal, they have built par- purpose of protecting their financial

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.093 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2221 interests and enabling them to con- song of the big-money polluters, as if cannot say is pushed back and instead tinue to profit from the harm they are the laws of government, the laws of we stand in the light of day, in the imposing on our oceans and on our at- Congress could repeal the laws of na- light of science and fact, and behave re- mosphere. ture that we know—the laws of phys- sponsibly about the changes that are It would be nice if the laws of govern- ics, the laws of chemistry, the laws of coming and our role in causing these ment could supersede the laws of na- biology that are causing this to hap- changes. ture. It would be nice if we could repeal pen. I see the distinguished Senator from the laws of physics, the laws of chem- I appreciate very much the Presiding Georgia in the Chamber, and I yield the istry, the laws of biology, but we can’t. Officer, the junior Senator from Min- floor. It is arrogance to presume we could. nesota, having been so energetic and Mr. CHAMBLISS. Mr. President, I The fact of what the carbon pollution helpful in continuing to bring this suggest the absence of a quorum. is doing to our world can be denied in thought to the Senate floor. I think we The PRESIDING OFFICER. The this Chamber, it can be denied down had an effective and important col- clerk will call the roll. the hall in the House of Representa- loquy on the floor several weeks ago The assistant legislative clerk pro- tives all day long and all night long, discussing this very point. I think it is ceeded to call the roll. Mr. CHAMBLISS. Mr. President, I and it is not going to change the re- important that from time to time we ask unanimous consent that the order sult. It is actually only recently that stand and remind our colleagues that for the quorum call be rescinded. there was a denial industry attacking there is a truth to this matter. The The PRESIDING OFFICER. Without the problem of climate change and try- truth is that we are releasing unprece- objection, it is so ordered. ing to minimize it, trying to mock it, dented, massive amounts of carbon pol- trying to distract people from it. lution into our atmosphere that, as a f In the past, the denial industry was matter of science, the laws of physics, TRIBUTE TO FURMAN BISHER pointed elsewhere. In the past, the de- warm the atmosphere, and that warm- Mr. CHAMBLISS. Mr. President, next nial industry was supporting the to- ing atmosphere creates dramatic week the annual Masters Tournament bacco companies in convincing people changes in our weather, in our coasts, will begin in Augusta, GA. It is a beau- it wasn’t that bad for them. The in our sea levels. Our coasts are prob- tiful time of the year in our part of the science isn’t complete yet. Don’t ably going to be hit the hardest of any- world, and certainly Augusta is a little worry. There is still doubt. place, and Rhode Island is a coastal piece of Heaven, particularly this time It deployed itself against lead. When State. of year. the dangers of lead paint became The ocean absorbs the pollution, so As that tournament begins next known, the denial industry went to bat the harm is not just in the atmosphere week, there is going to be a sad note in for the lead industry. It denied that and to the climate, it is to the ocean the air because of the fact that Furman lead was very poisonous, said it only itself as its pH level changes from the Bisher, a giant in the world of jour- happened to very poor people, went absorption of carbon. Nobody doubts nalism, a man who has covered the through all their rigmarole. The same that the ocean absorbs carbon. There is Masters for the last 50 or so years, died process: create doubt about a scientific no credible debate on that. You can last week at his home in Atlanta. He concern in order to prevent action measure the ocean’s pH. died at the age of 93 and passed away being taken to protect people. Now It is important that every once in a peacefully in his home after a storied they have turned on carbon pollution. while we tell the truth on this because career as one of the Nation’s foremost But before they turned from tobacco the time is coming very close when it sports writers. It was a career that and lead to carbon pollution, it was will be past the tipping point of taking lasted an astonishing 60 years. pretty well accepted how basic this the action we need to take to protect After nearly six decades of elegant science is. The first scientist to deter- ourselves, protect our coasts, our econ- observations of the sports world for the mine that carbon dioxide would have omy, our national security. Atlanta Journal-Constitution, Furman the effect of warming the atmosphere I wanted to take this moment as the pecked out his final column before his if its concentration increased was a sci- week ended to come and share my October 2009 retirement on the entist named Tyndall. I think he was thoughts again on this subject. I will thinning keys of his trusty Royal type- Irish and wrote in England in 1865. continue to do it from time to time be- writer. His choice of instrument to Around the time of the Civil War, this cause I think it is important that convey his thoughts in this age of in- was discovered. America be a country that tells the stantaneous, inane chatter says a lot By the year I was born, in 1955, there truth about problems, and I think it is about why newspaper readers after so are basic texts that describe that the important that Rhode Island, as an many years continued to seek out more carbon pollution we put into the ocean State, be as protected as we can Furman’s Bisher’s column in the AJC’s air, the more it traps heat, the warmer from the changes we see coming. sports pages. the climate gets. The IPCC just reported on the weath- It all came down to this: Furman’s It is virtually indisputable what is er effects of climate change and said graceful prose, courtly voice and sharp happening to the oceans. We are not that you cannot assign a particular observations were unfailingly backed talking projections. We are not talking storm to the effects of climate change, up by old-fashioned shoe-leather re- estimates. We are talking measure- but in various areas you can connect porting. He gloried in doing his home- ments, and the measurements show the the threat to climate change with work, making that extra call, inter- acidity of our oceans and the increase varying degrees of certainty. With re- viewing one more player or assistant in acidification is happening faster spect to the threat from sea-level rise coach or trainer, in order to breathe than it has in 3 million years. The ex- and from worsened storms driving that even more life into the game or the tent of the carbon dioxide in our at- raised sea ashore and causing flooding race or the fight for his readers. mosphere now, measured, is outside of and damage, the certainty range was 90 It’s also why Furman became a Geor- a bound that has been maintained on to 100 percent. If we are not going to gia—and an American—institution. the surface of our planet for 800,000 listen to warnings that the scientists Simply put, Furman loved sports. And years—8,000 centuries. That is a long now tell us are 90 to 100 percent cer- he loved journalism. At age 90, he was time. We have only been farming as a tain, we are really making a grievous still driving out on summer nights to species for about 10,000 years. So 800,000 mistake. cover minor-league ballgames. takes us way back to a very primitive I will conclude by thanking the Pre- In his career, Furman scored many species. Through all that time, we have siding Officer again for his support and journalistic knockouts, including a been in this bandwidth of carbon in our help. I hope the time comes when this 1949 interview with Shoeless Joe Jack- atmosphere and now we are out of it. body can actually treat this problem in son—the only one Jackson ever gave— We are flying out of it, and it is getting a serious and sober way and the dark regarding his involvement in the 1919 worse all the time. hand of the polluting industry tapping Black Sox scandal. Instead of taking it seriously in this on our shoulders and whispering in our He got stock tips from Ty Cobb and building, we are listening to the siren ears and telling us what we can and watched Jack Nicklaus’ 1986 Masters

VerDate Mar 15 2010 06:17 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.094 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2222 CONGRESSIONAL RECORD — SENATE March 29, 2012 victory. He sat in the press box at HEALTH CARE women between the ages of 40 and 49 no countless Falcons games at Atlanta- Mr. CHAMBLISS. The political world longer obtain annual mammograms. Fulton County Stadium and covered this week has been focused on the U.S. These are the types of recommenda- the Olympics, both winter and summer. Supreme Court and the arguments that tions that Washington bureaucrats He even had a hand in bringing profes- have taken place over there with re- could make in the future. I especially sional sports teams to Atlanta. spect to what has been referred to as understand the importance of early de- He wrote 11 books, including co-au- ObamaCare. tection of cancer, having been there thoring two editions of a Hank Aaron I rise today to discuss how the 2- myself, and will fight to see that indi- autobiography. And at The Masters year-old health care law is forcing viduals, through the recommendations Tournament in Augusta every April, more government intrusion into the of their doctors, are in charge of deter- Furman reigned among the azaleas and lives of Americans. mining their own health care proce- oaks as the dean of the sports press After all, what could be more intru- dures. corps. sive than the Federal Government tell- Throughout the debate 2 years ago In a testament to his longevity in a ing you the type of health care cov- we constantly heard from folks on the tough business, until his retirement, erage you must purchase? ‘‘Purchase other side of the aisle that if you liked Furman covered every Kentucky Derby this product or face a penalty.’’ your health care coverage, you could since 1950, and every Super Bowl but With this law, I believe the American keep it. Well, guess what. According to the first one. people have recognized that Congress the latest CBO estimates, you can ask has exceeded its constitutional author- 5 million people who will see their em- He even branched out into TV. Al- ity. Just this week, a poll conducted by ployer-sponsored health care end in though I did not grow up in Atlanta, I The Hill found that 49 percent of likely 2016 whether they had the opportunity have heard from many people that voters believe that the Supreme Court to keep what they like. preachers across the city would cut will rule against the constitutionality Further, the incentives for employers sermons short so that their congrega- of the health care law, while only 29 to drop their coverage and move em- tions could be home for Furman’s kick- percent believe it will be upheld. The ployees onto a taxpayer-subsidized plan off on ‘‘Football Review.’’ American people have to ask them- means we could see up to 35 million Along the way, he earned the respect selves whether we should be able to Americans lose their current coverage of his colleagues and the loyalty of his punish citizens based whether they over the first 10 years of implementa- readers, garnering writing awards too purchase a product from the private tion of this law. numerous to mention. He served as sector. Washington is now in the business of president of the National Sportscasters The Commerce Clause only allows reducing the flexibility of consumer- and Sportswriters Association from the Federal Government to regulate driven health care policies such as 1974–1976, and of the Football Writers ‘‘existing activity’’ that affects inter- health savings accounts and flexible Association of America from 1959–1960. state commerce. I hope this distinction spending arrangements. Congress cre- His features appeared in The Saturday will be recognized by our justices on ated health savings accounts to allow Evening Post, Golf Digest and Sports the Supreme Court. With no end in health care consumers who wish to par- Illustrated, to name but a few. sight to escalating health care costs, ticipate in the program more control In 1961, Time magazine named him Republicans want to see innovation over their own money and how they one of the five best columnists in the within the private sector to bring choose to spend that money for health Nation. I would argue that that honor about changes to our health care sys- care services. Now contributions to fit until the very end. tem. Today, Medicare and Medicaid are these arrangements will be limited to No less than the great Jack Nicklaus running up our national debt and bank- $2,500 per year, and over-the-counter said of Furman’s retirement: He might rupting our states. One would think medications will require a prescription be turning in his last column for the less government involvement, not if they are purchased within these tax- newspaper, but Furman will never stop more, would help bring health care free dollars. This is already leading to writing or giving his opinion. I guess costs under control. Instead, the health doctors having to fill out more paper- you could say that when it comes to care law builds on this administra- work so an individual can walk into a the last writings of Furman Bisher, I tion’s desire to have the Federal Gov- drugstore to purchase aspirin or cold will believe it when I don’t see it. ernment control Americans’ health medicine. Yet again this is another Furman would close every column care decisions. To this end, the Obama glaring example of bureaucratic med- with a single valediction—the word administration has created 159 new dling in the lives of American con- ‘‘selah’’—a Hebrew word that ends boards, bureaucracies and programs sumers. many Psalms and that exhorts the under ObamaCare. Small businesses are also feeling the reader to reflect. As of this month, the administration intrusive effects of ObamaCare. In the has released more than 12,000 pages of most recent survey of small businesses It is appropriate, then, to reflect on regulations related to the law. The sec- by the U.S. Chamber of Commerce, an Furman’s long, fruitful life and career, retary of Health and Human Services astounding 74 percent of small business one that began in Atlanta as the Ko- will have the power to make more than owners surveyed said the health care rean War was starting, when Joe Louis 1,700 rulings affecting Americans and law makes it harder for businesses to was still boxing, when the Minneapolis the health care they seek. Time and hire more employees. Think about that Lakers were the NBA champs, before time again, my colleagues and I have for a moment. Three out of four small Willie Mays had joined the major warned that adding more red tape and business owners are having difficulty leagues and before Sports Illustrated bureaucratic oversight that will affect hiring because of the uncertainty of magazine even existed. the relationship between you and your health care costs. In all the ensuing years, Furman doctor is not the prescription Ameri- Finally, our States are also feeling chronicled the triumphs and the trav- cans are looking for. the heavy hand of more government ails of the sports world and its often- We want to protect the relationship control. The Medicaid expansion that all-too-human heroes. As Furman between the patient and physician. begins in 2014 will make it increasingly would say, ‘‘Selah.’’ Consultation between the patient and difficult for State leaders to balance I am thankful for Furman Bisher. I the physician should be the deter- their budgets due to strict mainte- am pleased to have been the recipient mining factor in what procedures that nance of effort requirements. These re- of reading many of his articles through patient chooses, not someone who sits quirements prevent States from design- the years and also very proud to have on a panel in Washington, DC. ing health care programs specifically called him a very good friend over the However, this may well be the case as tailored for their own citizens. years. He was a gentleman who will be the health care law concentrates power Medicaid currently consumes about missed for his professional career as in the U.S. Preventive Services Task one-quarter of State budgets and well as just being a great person and a Force. This is the same task force that ObamaCare creates the largest expan- great individual. in November 2009 recommended that sion of the program since its inception.

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.063 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2223 Through 2023, the cost to States is now This is my last election. After my election, President pledging to have more flexi- estimated to be an additional $118 bil- I have more flexibility. bility after election day, but they lion. In my home State of Georgia, the It is unbelievable and chilling that rightly cause us to speculate about expansion will cost the State about $2.5 President Obama would make his elec- what else he expects to do. Americans billion through 2020. Money in the tion a factor in how he deals with an are right to wonder what other prom- budget to pay for this expansion will important national security issue that ises are being made that we do not come at the expense of higher edu- could have dangerous implications for know about. cation, transportation, and law en- America and its allies. Even the hint of At the end of the exchange in Seoul, forcement services. Nationally 24.7 mil- compromising on our missile defense President Obama and President lion people who will be added to the capability is reckless when the pros- Medvedev clasped hands and Mr. Medicaid rolls will be entering a bro- pect of nuclear-armed missiles is a real Medvedev promised, ‘‘I will transmit ken system where patients are denied and growing threat. this information to Vladimir.’’ In other access to about 40 percent of the physi- Equally alarming is the looming words, but for the accident of an open cians because reimbursement rates do question lingering over what the Presi- microphone, the President’s intentions not keep up with medical costs. dent actually means when he says would have been known by Mr. Putin, Two years ago the legislative process ‘‘more flexibility.’’ The administration but not known by the American people. that unfolded before us was not some- continues to press for resetting bilat- Mr. Medvedev’s reply is a grim re- thing any Senator should be proud of eral relations but fails to follow minder of what happens when one per- today. Backroom deal making and through on an approach that takes into son is able to seize unrestrained power, forcing legislation through under a consideration how Russia has not made as Mr. Putin has demonstrated, and subversive process left the American good on its promises in the past. Sim- should be a lesson for all of us. It also people angry and upset with Congress. ply put, we cannot trust the Russian should give all Americans pause as we If we don’t understand that, just look Government to keep its word. We have approach this fall’s election. at the approval rating of Congress no reason to believe that greater co- I yield the floor and suggest the ab- today, and this played a major role in operation will come from giving the sence of a quorum. that approval rating. Russians what they want. Mr. REID. Mr. President, I ask unan- I hope in the future we will have an The question now arises: How can we imous consent that the order for the opportunity to revisit the system. Our trust our own President not to say one quorum call be rescinded. system does need reforming, but it thing before the election and yet do The PRESIDING OFFICER (Mr. needs to be done in the right way and something entirely different after- REED). Without objection, it is so or- it needs to be done in a very trans- wards? Let us not forget the Russian dered. parent way. I hope we can come up Ambassador vetoed two United Nations f with a solution that is actually sup- Security Council resolutions sup- IMPOSING A MINIMUM EFFECTIVE ported by the American public, not so- porting the Syrian people, a move that TAX RATE FOR HIGH-INCOME lutions that make the American public prompted the U.S. Ambassador to the TAXPAYERS—MOTION TO PRO- angry. United Nations, Susan Rice, to say CEED—Continued that Russia decided to stand with a I yield the floor. Mr. REID. Mr. President, the motion Mr. WICKER. Mr. President, I ask dictator. Indeed, Russia seems com- fortable standing beside a dictator. to proceed to Calendar No. 339, S. 2230 unanimous consent to speak as if in is now pending; is that correct? morning business. In addition, Russian officials rejected the idea of tougher sanctions against The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without ator is correct. objection, it is so ordered. Iran despite a report from the Inter- national Atomic Energy Agency rein- CLOTURE MOTION f forcing concerns about Iran’s nuclear Mr. REID. I have a cloture motion at program. Russia also voted against the the desk. OBAMA/MEDVEDEV EXCHANGE The PRESIDING OFFICER. The clo- United Nation’s General Assembly res- Mr. WICKER. Mr. President, I come ture motion having been presented olution expressing concern over the to the floor today greatly disturbed under rule XXII, the Chair directs the ‘‘violations of civil, political, eco- and upset, as are many Americans, by clerk to read the motion. nomic, social and cultural rights’’ in the comments President Obama made The assistant legislative clerk read North Korea. as follows: on Monday to outgoing Russian Presi- Many of my colleagues and I have dent Dmitry Medvedev at the nuclear come to the floor on multiple occasions CLOTURE MOTION security summit in Seoul, Korea. The to express our concern with Russia’s We, the undersigned Senators, in accord- exchange, which was accidentally re- ance with the provisions of rule XXII of the deteriorating rule of law and respect Standing Rules of the Senate, hereby move corded by a Russian journalist, sug- for human rights. This is not the kind gests that President Obama’s stance on to bring to a close debate on the motion to of relationship President Obama prom- proceed to Calendar No. 339, S. 2230, a bill to missile defense will change after the ised when he pressed for passage of the reduce the deficit by imposing a minimum November election. It implies that the new START treaty in late 2010 over effective tax rate for high-income taxpayers. President is willing to make more con- strong objections from many of my col- Harry Reid, Sheldon Whitehouse, John cessions to an authoritarian govern- leagues. It sends the wrong signal to D. Rockefeller IV, Barbara Boxer, Pat- ment that has caused Americans con- our allies throughout Europe who are rick J. Leahy, Jeff Bingaman, Richard cern time and time again. It raises J. Durbin, Daniel K. Akaka, Al worried about undue pressure from Franken, Jack Reed, Mark Begich, questions about what else might be Russia. At the end of the day, better hidden on the President’s agenda if he Sherrod Brown, Carl Levin, Richard U.S.-Russian relations are not a fore- Blumenthal, Bernard Sanders, Debbie secures a second term in the White gone conclusion, and President Obama Stabenow, Charles E. Schumer, Patty House. would be wise to remember that one- Murray. Americans can view the recording sided promises are not the means to Mr. REID. Mr. President, I ask unan- themselves as President Obama tells get there. He should also not forget imous consent that the mandatory Mr. Medvedev: that the Constitution requires the ad- quorum required under rule XXII be On all these issues, but particularly mis- vice and consent of the Senate on for- waived and the vote on the motion to sile defense, this can be solved but it’s im- eign policy decisions. invoke cloture on the motion to pro- portant for him [Putin] to give me space. Over the coming months the Senate ceed to S. 2230 occur on Monday, April ‘‘Him’’ meaning former and future will likely take up several issues re- 16, when the Senate resumes legislative President Vladimir Putin. Mr. lated to Russia, and I look forward to session immediately following the vote Medvedev responds by saying: having a frank discussion about the on the confirmation of Stephanie Dawn Yeah, I understand. I understand your mes- President’s ideas and the President’s Thacker. sage about space. Space for you. intentions. Mr. Obama’s comments in The PRESIDING OFFICER. Is there President Obama then goes on to say: Seoul are only one instance of the objection?

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.097 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2224 CONGRESSIONAL RECORD — SENATE March 29, 2012 Without objection, it is so ordered. speech, assembly, association, even re- Why did they picket Skoda? f ligion—which we take for granted—are Skoda is one of the major sponsors of severely restricted. the International Ice Hockey Federa- UNANIMOUS CONSENT REQUEST— As shown in this photograph I have tion’s World Championship, and has EXECUTIVE CALENDAR in the Chamber, this is Alexander been for the last 19 years. In fact, Mr. REID. I ask unanimous consent Lukashenko, the last dictator in Eu- Skoda’s this automobile company’s— that at a time to be determined by the rope, the President of Belarus. relationship with the Hockey Federa- majority leader, in consultation with On December 19, 2010, Lukashenko tion is one of the longest lasting spon- was given an opportunity to ease the Senator MCCONNELL, the Senate pro- sorships. And much to the disbelief of ceed to executive session to consider iron grip of his police state and move the rest of the world, the International closer to democracy by holding a le- Calendar No. 231; that there be 2 hours Ice Hockey Federation has chosen to gitimate Presidential election. He for debate equally divided in the usual host its championship in Belarus. Why? could not bring himself to do it. He or- form; that upon the use or yielding Because Lukashenko, the dictator, is chestrated a fraudulent election, and back of time the Senate proceed to such a big fan of hockey. All the while, then he turned around on the day of vote without intervening action or de- political prisoners, including Presi- the election and arrested all of his op- bate on Calendar No. 231; that the mo- dential candidates, will be languishing ponents who had the audacity to run tion to reconsider be considered made in prison because of this dictator. against him and threw them in prison. and laid upon the table, with no inter- Companies such as Skoda, Nike, and How about that? Reebok are among the major corporate vening action or debate; that no fur- I was in Belarus shortly afterwards ther motions be in order; that any re- sponsors of this federation that is hold- and met with their families. These peo- ing its championship in Belarus. lated statements be printed in the ple were distraught, beside themselves Record; that President Obama be im- Last year, I joined Congressman about what had happened. MIKE QUIGLEY of Chicago and National mediately notified of the Senate’s ac- One of these detainees who was even- tion and the Senate then resume legis- Hockey League Hall of Famer turned tually released came and saw me in No- European Parliamentarian Peter lative session. vember, Ales Mikhalevich, one of the Stastny and wrote to the International The PRESIDING OFFICER. Is there Presidential candidates who had been Ice Hockey Federation President Rene objection? arrested, tortured, and denied basic Fasel, urging that the 2014 games in Mr. MCCONNELL. Mr. President, re- legal rights for months. Recently he Belarus be suspended until the political serving the right to object, I mentioned had been given political asylum in the prisoners are released. How can anyone to the majority leader I have to do Czech Republic, where he continues to celebrate the excitement of a world- some more consultation over here in fight for human rights in Belarus. His class sports championship when people order to clear this nomination, but for wife and daughters, whom I met in are languishing in prison for their po- the moment I must object. Minsk, in Belarus, are still being har- litical beliefs? They ignored our re- The PRESIDING OFFICER. Objec- assed by the KGB as of today. tion is heard. Ales Mikhalevich and others from quest. I spoke to USA Hockey, which rep- f the hundreds who were imprisoned have been released, but others were not resents the United States in this fed- MORNING BUSINESS so lucky. eration. They paid no attention. It turns out the International Ice Mr. REID. I ask unanimous consent Mikalai Statkevich, a Presidential candidate, was sentenced to 6 years and Hockey Federation will be meeting that the Senate proceed to a period of next month in Finland. Belarus is like- morning business, with Senators per- can barely receive the medical assist- ance he needs. ly to be on the agenda. It should be. It mitted to speak therein for up to 10 should be at the top of the agenda. minutes each. Andrei Sannikau, another Presi- dential candidate, was sentenced to 5 The honor of hosting this prestigious The PRESIDING OFFICER. Without international sporting event in a coun- objection, it is so ordered. years in prison for having the boldness to run against this dictator. try where the President is regarded as f A number of other political activists Europe’s last dictator is hardly a re- flection of the quality of the sport that IIHF 2014 WORLD ICE HOCKEY who have engaged in political activity is involved. CHAMPIONSHIP which we take for granted in the United States have been languishing in An ardent fan of ice hockey and the Mr. DURBIN. Mr. President, in the prison. I thought about it this week, as head of the Belarus national Olympic last few years, we have seen dictator the demonstrators gathered in front of committee, rewarding Lukashenko after dictator tumble across the world: the Supreme Court, marching back and with the 2014 World Ice Hockey Cham- Qadhafi in Libya, Ben Ali in Tunisia, forth with signs, how we take that for pionship ignores his regime’s atroc- Mubarak in Egypt, Saleh in Yemen, granted. You try to do that in a coun- ities. and eventually Bashar al-Assad in try like Belarus, you will end up in I have tried to reach out to Skoda, Syria. prison. Thank God the United States owned by Volkswagen, Nike, Reebok, Yet there is one dictator who hangs has a much better standard when it and other sponsors to let them know on. He is the last dictator in Europe. comes to basic rights. their image is at stake too if they vali- You may not be familiar with his Here are the names of some of the date this dictator’s policies and give name, but they certainly know him in other activists Lukashenko has thrown honor to a country which does not rec- neighboring countries. He is the in prison: Zmitser Dashkevich, Eduard ognize the basic freedoms. strong-man President of Belarus, Alex- Lobau, Paval Sevyarynets, Zmister This photograph I have in the Cham- ander Lukashenko. Bandarenka, Ales Byalyatski, Mikalai ber shows Skoda’s CEO, Winfried For more than 20 years, he has ruled Autukhovich. Vahland, in the center, along with Belarus with an iron fist—using a bar- Authoritarians frequently torture Hockey Federation President Fasel on baric combination of repression, in- these activists, trying to pressure them the right, as they celebrate Skoda’s timidation, and torture to maintain to sign letters admitting a guilt that commitment to sponsor the world power. He is so bold as to continue to does not exist. But I want to speak championship through 2017. call his security services the KGB. Can about something that is going to come Skoda contends its sponsorship of the you imagine in today’s world calling up where Belarus and Lukashenko are event does not indicate approval of your security service the same name as going to become international celeb- what is going on in Belarus—simply the dread security service of the Soviet rities. their dedication to hockey. That does Union, the KGB? On February 16, Mikhalevich, whom I not show much courage. Under Lukashenko’s reign, elections mentioned earlier, was one of the 13 Lukashenko’s preparations for this have been consistently rigged, arrests who picketed the headquarters of ice hockey tournament indicate that have been made for political purposes, Praugue-based automobile company Belarus is expecting a lot of visitors and the public’s basic freedoms of Skoda, a subsidaiary of Volkswagen. and a big economic boost.

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.120 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2225 I am once again calling on the Inter- legal career in private practice but Mr. Gilliam was born in McWhorter, national Ice Hockey Federation in soon felt the call of public service so he KY, in 1919. The 92-year-old has had an their meeting in Finland to consider went to work as an assistant State’s incredible life on this Earth thus far. this matter at the top of their agenda attorney in Cook County. Leonard was a country boy who had and to suspend their plans to hold the In 1986, he became an associate judge lived on his family farm his entire life. Federation Championship in Belarus in of the Cook County Circuit Court, and He was the first boy from McWhorter 2014. he served in that capacity for 13 years, to get the call from the U.S. Army in There are many other countries until he joined the Federal bench. 1941; he was 21 years old. around the world more than anxious to Judge Hibbler was active in commu- The newly enlisted men, along with join them and make this a champion- nity service throughout his career. He Gilliam, headed to basic training in ship well deserving with a host country was a mentor to many young people. Fort Thomas, KY. Gilliam was trained that is one we can be proud of. During his confirmation hearing be- in artillery; during training he learned My feelings about this are not alone. fore the Senate Judiciary Committee, I how to man a tank gun. After training The European Union recently widened noted that some judges have an unfor- ended he was transferred to Fort sanctions against Lukashenko and his tunate tendency to look down on the Benning, GA, where he would reside cronies. Lukashenko promptly recalled people who come before them once until December of 1941. The attack on his Belarusian representative to the they put on the judges’ black robes, Pearl Harbor led to the declaration of EU, after which EU Ambassadors were and I asked Judge Hibbler what type of war, which for Gilliam would mean withdrawn from Belarus. temperament he would bring to the being deployed to the front. After a summit in Brussels earlier Federal bench. His answer said so much The young Leonard Gilliam knew this month, Lukashenko—never at a about the kind of man Bill Hibbler was that going to war would be difficult, loss for words—criticized the European and about his values. He said, ‘‘The op- and his bringing up had prepared him Union politicians and railed on the portunity to serve is a wonderful op- to face the difficult road ahead. He had German Foreign Minister Guido portunity, and we should never forget spent his childhood working on the Westerwelle, the first openly gay min- that.’’ farm and walking through fields and ister in Germany. President Judge Hibbbler died on March 19. He creeks, to and from the Twin Branch Lukashenko said: was 65 years old. The esteem in which School, every day. But what the eager It is better to be a dictator than gay. he was held is evident in comments by Gilliam did not foresee was the oppor- other judges and by lawyers who ap- tunities he would be presented with That is a quote. He went on to say: peared before him. during his time in the service. A Belarusians deserve to host the World Chief Judge Jim Holderman of the chance to see the world and forge a Championship in 2014 in Belarus. Northern District praised Judge lifelong friendship were not in the then That is incredible. What sports orga- Hibbler as ‘‘an outstanding jurist who 21-year-old’s plans back then. nization wants to validate those com- cared deeply about our system of jus- His much needed experience with ments? tice and displayed an unparalleled tanks landed him a spot on the front I want to close by saying, I hope the sense of fairness.’’ Thomas Bruton, lines, and Gilliam entered the war in International Ice Hockey Federation’s clerk of the U.S. District Court for the Casablanca, North Africa. He traveled Annual Congress will make the right Northern District of Illinois, said: through Algeria, Morocco, and Tunisia decision in May. I hope its corporate ‘‘Judge Hibbler was a friend to every- before heading towards Europe. Gilliam sponsors will feel a little uneasy being one who met him. He was gracious, was called to invade the island of Sic- associated with Dictator Lukashenko kind and a mentor to many in this ily on July 10, 1942. He was later award- and his policies in Belarus. I hope they court.’’ ed the Bronze Arrowhead for his coura- will suspend the 2014 Championship un- U.S. Attorney Patrick Fitzgerald geous actions during the invasion. less the political prisoners are at least said, ‘‘He was a wonderful judge and Gilliam spent time in Sicily guarding released and that other international wonderful person, who treated every- POWs. He remembers eating with sporting groups, such as the Inter- one who appeared before him with them, talking with them, and even giv- national Cycling Union, follow their great respect.’’ His friend, 7th Circuit ing them cigarettes. Looking back, he example. Court of Appeals Judge Anne Claire says that the prisoners were some of I want the United States, in partner- Williams, said that Judge Hibbler the finest people he has ever met. He ship with the European Union, to con- ‘‘wasn’t what you would call a man of stayed at the prison in Sicily until he tinue to place pressure on Lukashenko many words, but each day, in his own was called to go to Normandy. He ar- to open his political system and to quiet way, he made a difference in the rived in France a mere 4 days after the stand by the Belarusian people in their world.’’ invasion of the beach on June 6, 1944. efforts to bring justice to their coun- I am proud to have joined then-Sen- The hardships experienced by Gilliam try. ator Carol Moseley-Braun in urging in France were some of the toughest f President Clinton to nominate Judge times of the war for him. But in the Hibbler to the Federal bench 13 years midst of a dark shadow cast by war, REMEMBERING JUDGE WILLIAM ago. His many years of distinguished Gilliam met Vayne McCoy, a fellow HIBBLER service on the Federal bench only deep- tank gunner who would soon become Mr. DURBIN. I wish to pay tribute to ened my respect for him. William his best friend. The two friends helped a great man and a great judge who Hibbler loved the law, and he loved jus- each other see the end of the war, and passed away unexpectedly earlier this tice. He also loved his family very then they lost track of each other once month. Judge William Hibbler had deeply, and I wish to offer my sincere they had returned back to the States. served with distinction as a Federal condolences to his wife Regina, his son It wasn’t until 1997—53 years later— district court judge in the Northern William, and his daughter Aviv. We are when the two would reunite. The two District of Illinois since 1999. Bill grateful for the service that their hus- war buddies shared a deep bond, one Hibbler cared so deeply about Chicago band and father provided to the Chi- that they continue to share to this day. that it sometimes surprised people to cago community, and we will miss him. The veteran now recalls the warm learn that he actually started life in a f welcome he received when he finally small town in Alabama. made his return trip home in 1945 after His family moved to Chicago when he TRIBUTE TO MR. LEONARD 3 years overseas. Mr. Gilliam is a mod- was a child. He graduated from St. Mel GILLIAM est man. He feels like he is undeserving High School on the West Side and later Mr. MCCONNELL. Mr. President, of the hero’s welcome he received after from the University of Illinois at Chi- today I wish to pay tribute to a true World War II. He believes that the real cago. He worked as a substitute teach- American hero who honorably an- heroes were the ones that ‘‘stayed over er in the Chicago public school system swered the call to serve his country in there,’’ the ones who made the ulti- to help pay his tuition at DePaul Uni- its dire time of need, Mr. Leonard mate sacrifice for their country and versity School of Law. He started his Gilliam of Laurel County, KY. never got the chance to come home.

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.057 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2226 CONGRESSIONAL RECORD — SENATE March 29, 2012 The former soldier now enjoys life as 10, they invaded the island of Sicily, for 2nd Armored Division suffered 7,348 casual- a full-time family man. He is a hus- which Gilliam was awarded a Bronze Arrow- ties, including 1,160 killed in action. band, father, grandfather, and great- head. ‘‘The heroes didn’t come back. They’re still there.’’ grandfather. Leonard is a remarkable ‘‘Sicily was an interesting place,’’ Gilliam said. It was there he worked as a security of- His older brother, Blane, was among them. man who has been on a once-in-a-life- ficer at an old penitentiary, guarding POWs. Blane Gilliam, an Army radio operator who time adventure. Even after all that he ‘‘I had a gun and they didn’t, but they was serving in the Pacific, was killed in ac- has been through, both the good and didn’t give me any trouble,’’ he said. tion/missing in action at age 30. Gilliam re- the bad, he is still grateful he had op- In fact, he said, once they got acquainted, ceived word of his death around the time he portunity. Although he says he the POWs were ‘‘some of the finest people I reached Germany. wouldn’t go on a trip around the world met.’’ Following the war, Gilliam returned home and married Wilma George, who was 11 years again for $1 million, he doesn’t regret He said he’d put his gun up and sit down to eat with the prisoners. They ate the same ra- his junior. getting to see the world for free the tions—MREs (meal, ready to eat) just as the ‘‘Here I was a 25-year-old man, been around first time. soldiers did, and were even given cigarettes. the world on a killing spree,’’ he said. They In November 2011, there was an arti- Gilliam said he and his fellow soldiers were were married for 61 years and had three chil- cle about Mr. Leonard Gilliam pub- put on a boat in Sicily and weren’t told dren—Wanda, Coy and Linda. Today, Gilliam lished in the Sentinel Echo Silver Edi- where they were headed. has three grandchildren and two great- tion, a magazine based in Laurel Coun- ‘‘It looked like we was going to the United grandchildren. He is a member of Twin ty, KY. Mr. President, I ask unanimous States,’’ he said, ‘‘but we was going toward Branch Methodist Church. England.’’ ‘‘I wouldn’t make that trip (again) for one consent that said article be printed in They were on the water at Thanksgiving, million dollars,’’ he said. ‘‘But I got to see the RECORD. and, shortly thereafter, landed in Liverpool. the world (for free).’’ There being no objection, the mate- The invasion of Normandy took place on f rial was ordered to be printed in the June 6, 1944. Gilliam arrived just four days RECORD, as follows: later. TRIBUTES TO SENATOR BARBARA [From the Sentinel Echo: Silver Edition, Although he describes it as some of the MIKULSKI Nov. 2011] roughest times in the war, it is also where he Ms. SNOWE. Mr. President, I rise met a good friend: Vayne McCoy. today in light of last week’s celebra- WORLD WAR II: A TRIP AROUND THE WORLD McCoy was five years younger than (By Carrie Dillard) Gilliam, and took to him like a younger tion here in the Senate, to recognize Leonard Gilliam remembers the days when brother. Both Gilliam and McCoy were on the truly historic and remarkable ac- he and his family ‘‘didn’t have a cable bill, tanks. Gilliam’s was called ‘‘Crimson Tide,’’ complishment of my good friend and water bill or electric bill.’’ The 92-year-old McCoy’s ‘‘Churchill.’’ colleague, Senator BARBARA MIKULSKI. Laurel County native has lived on his family The two lost track of one another after the As we all know, Senator MIKULSKI farm his whole life. war, but reunited in 1997, more than 50 years just last week achieved another stun- He was born in 1919 in McWhorter. It was a later. Today, they ‘‘get together pretty ning milestone as she became the long- time when, he said, ‘‘everybody used a mule often,’’ Gilliam said, their families becoming est-serving woman in the history of the pair, everybody had a milk cow and some like family to each other. beef cattle, and everybody had their own Gilliam said the Germans were smart, and United States Congress, surpassing hogs.’’ without the combined effort of the U.S. Congresswoman Edith Nourse Rogers. You worked hard, he said. Kept your house Army and Air Force, they would not have Of course, it was at the outset of this warm buying coal for $1 a ton at the mines succeeded in driving them back. 112th Congress that Senator MIKULSKI or a jug of kerosene for 10 cents a gallon. In September 1944, Gilliam crossed the Bel- overtook Maine’s legendary Senator You cooked on a wood stove, and there were gium border, but it wasn’t an easy trek. He Margaret Chase Smith. To say it’s been always chores to do. said it rained the whole way there and quite a Congress for the Gentle Lady He had to ‘‘go through the field and cross turned to snow; it was the coldest winter from Maryland is the height of under- the creek twice’’ on his walk to Twin Branch he’d ever felt. School each day, so when he joined the U.S. The Battle of the Bulge was upon them. statement indeed. Army in 1941, he was used to walking. Standing in knee-deep snow, Gilliam said he In the process of paying tribute to During the course of his military career, and his fellow soldiers would fire their guns Senator MIKULSKI, I discovered some Gilliam would spend approximately three and huddle around the tank to keep warm. interesting information, namely that years overseas, engage in six major battles He was nearly overcome by the exhaust three out of the four longest serving and one invasion. He would end his days in fumes from the machine just trying to get women in the Congress were actually World War II in Berlin, Germany, during the warm. Gilliam suffers from the effects of born in Maine—Congresswoman Rog- Army occupation in July 1945. frostbite to this day. ers, Senator Smith, and myself as third Gilliam was drafted. ‘‘They didn’t draft For a time, Gilliam and his company until (age) 21 in those days,’’ he said. He was stayed in a local farmer’s barn. The owners, longest serving woman in both the Sen- the first one in the McWhorter community he said, knew of their presence, and he said ate and the House. who got the call. the owners were overjoyed to help. Senator Smith of course served ‘‘There was a busload of us left London Without the protection of that barn, they Maine and Congresswoman Rogers rep- early one morning,’’ he said, on their way to likely ‘‘would have frozen to death.’’ Gilliam resented the 5th District of Massachu- Fort Thomas, Kentucky. In less than two said the group held up in that barn, sleeping setts. Both were Republicans, and both days, a contingent from all across the state in the hayloft, for three weeks until tem- were born in Maine. And so, let me just filled a train headed to Fort Bragg, North peratures got warmer. say, as one who is privileged enough to Carolina, for basic training. Gilliam said he remembers the faces of Gilliam was trained in artillery. He would young children as they made the journey fall into the same categories, on behalf later man the tank gun, causing him to lose across France, Belgium, and Holland. of the great State of Maine which ap- nearly all of his hearing. ‘‘The children were standing and waving at pears to produce women of tremendous He served in the 2nd Armored Division us. If we halted for some reason, they’d endurance at both ends of the U.S. Cap- (Hells on Wheels) under division commander climb the tanks and hug everybody. itol, we could not be more proud of the George S. Patton, who once said the 2nd Ar- ‘‘The look on those little children’s faces, Senator from Maryland. mored Division ‘‘could do the impossible’’ you was glad to have done that for them,’’ he But the commonalities don’t end because he trained them. said. there—far from it. In addition to the Gilliam was at Fort Benning, Georgia, In April 1945, Gilliam said his outfit met when the Japanese attacked Pearl Harbor in the Russians on the Elbe River. overlapping biographical information I 1941. ‘‘For me, the war ended. I didn’t fire an- just referenced, it is a point of tremen- ‘‘They put more guards out, more secu- other shot.’’ dous pride that all three of us also rity,’’ he said, ‘‘as war was declared.’’ Gilliam said soldiers returning from World placed the highest of premiums on Gilliam and his division began more prac- War II got a hero’s welcome, but veterans of serving those who have served our Na- tices and maneuvers, traveling back and other wars, like the Korean War or Vietnam, tion by giving every fiber of their being forth from Georgia and North Carolina, until did not receive the same respect. ‘‘Soldiers to protect, defend, and secure our cher- his deployment overseas. In total, Gilliam of the Korean War didn’t get that welcome would serve six six-month tours overseas. when they came home,’’ he said. ‘‘They ished freedoms—our courageous men As a gunner, he said ‘‘the tanks were need- could’ve used a welcome home, too.’’ But and women in uniform and our vet- ed on the front’’ as soon as they arrived in Gilliam has never considered himself a hero. erans. Casablanca, North Africa. They traveled to Those are the ones who gave the ultimate Born in Saco, ME, Edith Nourse Rog- Algeria, Morocco, and Tunisia, and on July sacrifice, he said. In 238 days of battle, the ers authored legislation that made her

VerDate Mar 15 2010 06:17 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.046 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2227 one of the great champions of our men achievements was shepherding the his- worker and community organizer, Sen- and women in the military as well as toric Women’s Armed Services Integra- ator MIKULSKI has constantly stood for our Nation’s veterans. As a Member of tion Act. social justice. She was a driving force Congress, Edith Rogers displayed a Mr. President, I am forever humbled in the landmark Lilly Ledbetter Fair work ethic worthy of her Maine roots by the shoulders I have been so proud Pay Act of 2009, which furthered pro- and was known as ‘‘the busiest woman to stand upon. As I recall the mile- tections for women and others faced on Capitol Hill.’’ stones of both Congresswoman Rogers with discrimination in the workplace. During her storied 35-year career and Senator Smith, especially for our Equal pay for equal work is a principle spanning from 1925 to 1960—still the veterans and armed forces, I cannot that Senator MIKULSKI will continue to longest tenure of any woman in the help but think of how they paved the defend. From the young lady who deliv- history of the U.S. House of Represent- way for my service as the only Repub- ered groceries to seniors, to a pas- atives, Congresswoman Rogers counts lican woman Senator on the Personnel sionate defender of the ethnic Amer- among her long-lasting achievements Subcommittee of the Senate Armed ican, Senator MIKULSKI continues to the securing of $15 million to develop a Services Committee, battling as I was stand in solidarity with those forced to national network of veterans’ hospitals at the time in the late 1990s for the fair live in the margins. in the Veterans’ Administration Act, and equitable treatment of women in I have been proud to serve in the Sen- the creation of both the Women’s Army the services, including assurances that ate with Senator MIKULSKI for over two Corp and the landmark GI Bill of men and women would train as they decades, and I have enjoyed working Rights. fight—side-by-side! with her on many issues, in addition to She also proposed the establishment For all of their joint accolades, nei- our time serving together on the Sub- of a Cabinet-level Department of Vet- ther Senator Smith nor Congress- committee on the Department of State erans Affairs immediately after World woman Rogers set out to forge news and Foreign Operations for many War II an achievement that would fi- paths for women in politics. In fact, years. Perhaps most memorable is a nally take place in 1989. She was held upon winning her first election to the CODEL we took to sub-Saharan Africa in such high esteem by our veterans House, Congresswoman Rogers de- in 1990. that the American Legion presented clared, ‘‘I hope that everyone will for- While my colleagues and I applaud her with the Distinguished Service get that I am a woman as soon as pos- Senator MIKULSKI on the longevity of Cross—the first woman ever to receive sible.’’ What we remember about these her career, we more importantly take that prestigious honor. amazing women, born in Maine, is their this moment to celebrate the leader- The incredible inroads and contribu- great integrity, love of country, and a ship and achievements that charac- tions that Edith Rogers made on behalf desire to serve. No wonder they have terize her 35 years of service. How long of our military, Senator Smith mir- inspired legions of women, myself in- she has served bears witness to how rored in the Senate. And just as an cluded. well she has represented the people of aside, I think it is worth noting that Thank you, Mr. President. I yield the Maryland. both shared a floral trademark, dem- floor. Mr. CASEY. Mr. President, I would onstrating that they could legislate in Mr. LEAHY. Mr. President, I would like to pay tribute to my colleague, what was then very much a man’s like to take a moment to honor Sen- Senator BARBARA MIKULSKI, who is now world without sacrificing their femi- ator BARBARA MIKULSKI for recently the longest serving woman in the his- ninity or grace. Representative Edith becoming the longest serving woman in tory of the Congress and congratulate Rogers wore an orchid or gardenia, and the history of the United States Con- her on reaching this important mile- Senator Smith would don her signature gress. However, in doing so, I am re- stone. Senator MIKULSKI is an inspira- rose. minded that this milestone does not tion to us all. She had broken down not A lifelong native of Skowhegan, define her legacy. Rather, her legacy as only multiple gender barriers, but leg- Maine, Senator Smith was also a trail- a coalition builder and a tenacious ad- islative, economic and societal barriers blazer and a woman of phenomenal vocate of the marginalized defines Sen- as well. firsts—the first woman to be elected in ator MIKULSKI’s tenure as a public serv- Throughout her career, Senator MI- her own right to the United States ant for the people of Maryland. KULSKI has been a champion for those Senate; the first woman to serve on the Throughout her career, Senator MI- who are often forgotten. Hubert Hum- Armed Services Committee; the first KULSKI pioneered the role women play phrey once said the moral test of gov- woman to serve on the Appropriations in today’s Congress. When she joined ernment is how it treats those in the Committee; the first woman to have the Senate in 1987, Senator MIKULSKI dawn of life, the twilight of life and the her name placed in nomination for the became one of two female Senators and shadows of life. Senator MIKULSKI took Presidency by either major political the first Democratic woman ever to this message to heart. Her life has been party, in 1964; the first civilian woman join the upper chamber. These achieve- a life of service. She spent her career as to sail on a United States destroyer in ments were not due to a famous hus- a tireless advocate, first as a social wartime; the first woman to break the band or father; Senator MIKULSKI was worker in Baltimore on the city coun- sound barrier in a U.S. Air Force F–100 elected because of her integrity and her cil and then in the House of Represent- Super Sabre Fighter—at 800 miles per fiery and compassionate character. Her atives where she served 10 years before hour, I might add. personal and professional experiences coming to the Senate. For the past 25 In fact, that reminds me of the time over the past 35 years make Senator years she has continued this advocacy in 1992 when Senator Nancy Kassebaum MIKULSKI an excellent mentor for first- and has been a strong voice on the Sen- came to visit me in Maine, and we term female members, leading to the ate floor, as well as on the HELP Com- traveled together to see Senator Smith appropriate title: ‘‘Dean of Women.’’ I mittee. I have been fortunate to serve at her home and library. Senator was recently reminded of ‘‘the Dean’s’’ on the HELP Committee with Senator Smith gave us a wonderful tour—de- ability to rally the support of female MIKULSKI since 2009. spite her failing health at the time, colleagues as Senator MIKULSKI and One of the things Senator MIKULSKI and I recall asking her about a bright seven of 17 female senators lent their is best known for is providing good orange suit I saw that was hanging on support for the reauthorization of the constituent services. This is something one of the walls. And she replied that it Violence Against Women Act on the all Senate offices do and it often gets was her flight suit from the time she floor of the Senate. Her efforts are em- overlooked by the national and inter- broke the sound barrier. She then told blematic of a unique ability to orches- national issues of the day. But this me about how she had initially ques- trate voices in defense of the voiceless. speaks to one of the most important tioned the less than flattering color Just as the Violence Against Women duties of a Senator. When your con- tone until she learned that the bright Act provides support to both male and stituent’s mother dies in a country orange would help them find her if she female victims of domestic abuse, Sen- halfway around the world and you sud- had to eject! But for all of her courage, ator MIKULSKI’s legacy as a champion denly need a passport or a visa, when a fearlessness, and monumental leader- of the exploited transcends the concept veteran is not getting the benefits he is ship, one of Senator Smith’s indelible of gender. From her roots as a social entitled to or when an older citizen

VerDate Mar 15 2010 06:17 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.014 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2228 CONGRESSIONAL RECORD — SENATE March 29, 2012 cannot afford to heat their home, they mark in her career and a significant I again want to extend my aloha and can turn to their Senator’s local office milestone in this institution: becoming my congratulations to Senator BAR- for help. Senator MIKULSKI makes sure the longest serving woman in the his- BARA MIKULSKI for this amazing she and she her staff provide help to tory of the U.S. Congress. With each of achievement. It is a pleasure to serve that family or veteran or older citizen. her many accomplishments, she in- with you. Thank you for your many BARBARA MIKULSKI knows, and her spires the next generation of young years of outstanding service and gen- work demonstrates, that the job of a American women, and she makes their uine friendship, and I wish you the best Senator is not only about numbers and dreams that much more attainable. as you continue your important work budgets, it is about helping people, es- My colleague from Maryland has here in Congress. pecially the vulnerable and those with- been a true trailblazer for women in Mrs. MCCASKILL. Mr. President, I out a voice or a lobbyist. Congress. In 1987, she earned the dis- rise today to honor my colleague and Again, I congratulate BARBARA on tinction of becoming the first-ever mentor, Senator BARBARA MIKULSKI, her accomplishment and I look forward woman U.S. Senator from Maryland, as and to celebrate her legacy as the long- to working with her and continuing to well as the first woman Democrat to est serving woman in Congress. For fight for our children, our workers and serve in both the House and the Sen- over 35 years, Senator MIKULSKI has our families with her in the years ate. Last year, she also became the proudly served the people of Maryland ahead. longest serving female in Senate his- as a tireless advocate and a selfless Mr. PRYOR. Mr. President. I come to tory. public servant. It is my privilege to the floor today to celebrate the service BARBARA has not only witnessed the honor her today. of Senator BARBARA MIKULSKI, one of number of females climb from just 21 The great-granddaughter of Polish the most tenacious and effective sen- when she first came to Congress in 1977 immigrants, Senator MIKULSKI grew up ators to serve in the U.S. Senate. This to the 92 female members serving appreciating the value of hard work month, following 41 years of public today, her actions and spirit helped to and service. On the weekends she service, Senator MIKULSKI has reached make that feat possible. She continues worked in her parents’ East Baltimore a new milestone in serving in the U.S. to be a distinguished leader, mentor, grocery store delivering groceries to Congress longer than any woman in and friend to all of her colleagues in homebound elderly. It was then that Congress, not just the women. Al- history. But as she has said, ‘‘It’s not BARBARA developed her deep passion how long you serve, but how well you though we have more work to do to for helping others. serve.’’ Both the State of Maryland and eliminate gender bias and discrimina- After earning her master’s degree in the entire Nation have benefited from tion, I am glad to see that Congress has social work from the University of become more representative of the Senator MIKULSKI’s stamina as well her Maryland, BARBARA started a career as energy, intellect, and compassion. United States. a social worker with Catholic Charities Throughout her over 35 years in Con- Today, we can see the difference she and Baltimore’s Department of Social gress, BARBARA has remained a fearless has made in our schools, health care, Services. An outspoken advocate for advocate for women, working-class paychecks, and workplaces. at-risk youth and the elderly, she Americans, and Federal workers across Senator MIKULSKI follows in the foot- quickly earned a reputation as a fight- steps of the legendary Hattie Caraway the country, a steadfast protector of the environment, and a relentless er and was elected to the Baltimore of Arkansas. As the wife of Thaddeus champion of civil rights in this coun- City Council in 1971. After 5 years on Caraway, a former Congressman and try. the city council, BARBARA ran for Con- U.S. Senator for Arkansas, Hattie as- Raised by Polish-American small gress. sumed her husband’s place in the Sen- business owners, she has been a long- In 1976, BARBARA began her first term ate following his death in 1931. She time defender of labor rights and a representing Maryland’s Third Con- once said, ‘‘The time has passed when a fierce proponent of establishing fair gressional District. As one of only 18 woman should be placed in a position and equal working conditions for all women in the House of Representa- and kept there only while someone else Americans regardless of race, sex, or tives, BARBARA was a member of a is being groomed for the job.’’ A year disability. This cause led her to author small but mighty group. During her 10 later, she ran for reelection, becoming the landmark women’s and worker’s years in the House, she gained a rep- the first woman elected to a 6-year rights legislation, the Lilly Ledbetter utation as a fighter, and in 1986 the term. She surpassed several mile- Fair Pay Act, which I cosponsored, to people of Maryland again chose her to stones, including serving as the first fe- guarantee women equal pay for equal represent them but this time in the male Senator to preside over the Sen- work. Senate. ate and the first woman to serve as the Being from a State that, like Mary- As one of only two female Senators, chairwoman of a committee. land, has a large population of Federal and the first woman elected to the Sen- It would take 74 more years until a workers, I have worked very closely ate in her own right, Senator MIKULSKI woman senator chaired a sub- with BARBARA on many issues to sup- was met with much skepticism. While committee of the Senate Appropria- port our government employees. From outnumbered, BARBARA’s determina- tions Committee. Senator MIKULSKI, the time that we entered the House to- tion and dedication to her constituents now at the reins of the Subcommittee gether, she has always been a strong shined through. BARBARA is a steadfast on Commerce, Justice, and Science, partner and stalwart champion for the proponent of greater access to higher has shown great leadership and vision rights of our Nation’s Federal work- education, a leader on the front of as chairwoman and it has been a privi- force, including fair pay and benefits women’s health, and an unwavering lege to work with her. While we share for the dedicated men and women who supporter of America’s veterans. She is many interests, we have worked most make our government more secure, ef- determined to stand up for those who closely to advance the growth of fective, and efficient. are often forgotten. science parks, strengthen law enforce- BARBARA is an embodiment of the A few weeks ago, BARBARA shared a ment, and ensure U.S. companies can democratic spirit and continues to be a touching story that I think exemplifies compete in the 21st century. I look for- leader. She uses her great wit, humor, her character. ward to a continued partnership, con- and boundless energy to urge Congress When BARBARA first ran for Senate in gratulate Senator MIKULSKI on this to take up important issues and then 1986, she had the opportunity to get to historic achievement, and express my works with Members on both sides of know Harriet Woods, who was cam- deep appreciation for all that she has the aisle to resolve differences and paigning as a Democrat for the Mis- done. come together to achieve real solutions souri Senate seat. BARBARA saw the Mr. AKAKA. Mr. President, I rise to that help real working Americans significance of having two female can- honor and extend my warmest aloha to every day. This is a testament to the didates for Senate, and she was certain my longtime colleague, a fellow mem- fact that as she became the longest both of them would win. Unfortu- ber of the House freshman class of 1977, serving woman in the history of Con- nately, it wasn’t meant to be for Har- and very dear friend, Senator BARBARA gress, she has never forgotten her pur- riet Woods, who lost to Republican A. MIKULSKI, for setting a new bench- pose—to make America better. John Danforth.

VerDate Mar 15 2010 06:17 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.016 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2229 On BARBARA’s first day she was watching our parents work so hard to delightful experience. Whether author- shown her desk on the Senate floor— provide superior service to their cus- izing the Teach for America program she opened it and saw Harry Truman’s tomers, ensuring their children under- to allow college graduates to become autograph. She had Harry Truman’s stood the value of hard work, treating teachers in our Nation’s worst schools; desk. While she was delighted to have others fairly and with dignity, and giv- passing America COMPETES, where we that desk, she knew that it really be- ing back to the community, influenced improved our energy research pro- longed to the Senator from Missouri our views on customer service. Those grams and STEM education initiatives; and relinquished it. She said that for views have translated into Senator MI- or working on higher education where years she thought about that desk and KULSKI’s constituent service here in the we share a passion for eliminating hoped that it would someday be re- Senate. costly and unnecessary Federal regula- turned to a Democrat from Missouri. BARBARA’s enthusiasm and commit- tions, BARBARA MIKULSKI is a tireless Twenty years later, on election night ment to serving the people of Maryland friend and ally. in 2006, BARBARA watched the election has resulted in too many victories to Congratulations, Senator MIKULSKI. results come in from around the coun- mention here, but I do want to point The Senate is proud of you, Maryland try—and in Missouri, in particular. She out a few of the projects we have is proud of you, and the country is said she stayed up late in the night worked on together on the Agriculture proud of you. waiting for the final result. Once she appropriations subcommittee. Mr. NELSON of Nebraska. Mr. Presi- learned of the results from Missouri, Senator MIKULSKI and I have worked dent, today I wish to offer congratula- she knew that the desk that had been closely over the years to protect USDA tions to my friend and colleague, Sen- accidentally given to her all of those agriculture research in Beltsville, MD. ator BARBARA MIKULSKI, on becoming years ago would finally be returned, Beltsville is a historic and crucial part the longest serving woman Senator in where it belonged. I am so pleased to of the USDA’s research arm. In fact it American history. know that the Truman desk was is the largest agriculture research fa- As Senator MIKULSKI has said, ‘‘It’s shared, if only briefly, with my friend cility in the world and does valuable not only how long I serve, but how well BARBARA MIKULSKI. work developing the next generation of I serve.’’ And she has served very, very BARBARA MIKULSKI is a trailblazer, a crops and farming methods that will well. Not only does Senator MIKULSKI role model, and an advisor to the other feed a growing planet. We’ve also serve in the best interests of the people women in the Senate. Today there are worked together on increasing funding of her native Maryland, but her service 17 women in the Senate, and much of for the Food and Drug Administration, continues to improve the lives of that progress can be attributed to Sen- ensuring that the food we eat and med- Americans from coast to coast. ator MIKULSKI’s leadership. icine we rely upon is safe. This comes as no surprise for a per- Mr. President, I ask that the Senate In my work as the chairman of Agri- son who began her career helping at- join me in congratulating Senator MI- culture Appropriations subcommittee, risk children and seniors as a social KULSKI on this milestone and thank her I have been especially thankful for the worker in Baltimore. Senator MIKUL- for her 35 years of leadership, friend- times when BARBARA has spoken pas- SKI’s nightly commute home from ship, and service. sionately about the important pro- Washington ensures that she will not Mr. KOHL. Mr. President, today I grams we fund through the sub- forget who she works for or where she would like to honor Senator BARBARA committee. She has been a stalwart comes from. The truth is, she never MIKULSKI’s amazing life and career as supporter of farmers throughout Mary- left. she becomes the Senate’s longest serv- land and across the country, and a true Her commitment and connection to ing woman Senator. She has been a friend here in the Senate. It has been her constituents benefits us all. Her ad- role model and inspiration to women an honor to serve with her. vocacy for access to better health care, across the country as she broke bar- Mr. ALEXANDER. Mr. President, my improving the quality of education, in- riers in public life. When she first came late friend Alex Haley, the author of vesting in innovation, and protecting to the Senate she was one of only a ‘‘Roots,’’ lived his life by the motto human dignity are not bound by the handful of women ever to serve in the ‘‘Find the Good and Praise It.’’ That is borders of Maryland. Her service bene- U.S. Senate and now she is one of 17 an easy thing to do when talking about fits the people of Baltimore, MD, but women here on the Senate floor. Her BARBARA MIKULSKI, a friend and col- also the people of Broken Bow, NE. service has made it easier for girls to league with whom I have worked close- It is an honor to serve with Senator dream about one day being a Senator— ly since I joined the Senate. MIKULSKI. I enjoy her company, I re- or President. I would like to add my congratula- spect her strength, and I admire her Senator MIKULSKI and I shared a tions to those of my colleagues on Sen- commitment. similar experience growing up: her par- ator MIKULSKI reaching the milestone Congratulations to Senator BARBARA ents, William and Christine, opened of becoming the longest serving woman MIKULSKI on her record-setting service. and operated Willy’s Market, a small in Congress. This is a remarkable We are all the better for it. grocery store in their working class achievement for a remarkable woman. f neighborhood in East Baltimore. My For over 35 years, that is almost 13,000 JOBS ACT parents also opened a small grocery days, BARBARA MIKULSKI has dedicated store in Milwaukee—the first of what herself to serving the people of Mary- Mr. TOOMEY. Mr. President, I rise would become the Kohl’s Food Stores land and representing them here in today to speak on H.R. 3606, the and then Kohl’s Department Stores. Congress. Jumpstart Our Business Startups, or As we have already heard here on the Although Senator MIKULSKI is a JOBS, Act, which the Senate passed on floor, her father would frequently open proud partisan, she is one of the best Thursday, March 22, 2012, by a vote of the store early so local steel workers advocates of bipartisanship. She under- 73 to 26. I am particularly pleased that could buy their lunches before their stands the need to work together, to H.R. 3606 included language from S. shift began. He would also extend cred- learn from one another’s point of view, 1824, the Private Company Flexibility it to help customers who were having a and to strike a deal so that each side and Growth Act, which I introduced on hard time making ends meet. William can get something of value and move November 8, 2011, with Senator CAR- Mikulski’s neighbors didn’t go hungry forward. PER. We authored this important meas- with him as their grocer. BARBARA I have found that when you have ure to update the shareholder thresh- worked at the store, and helped deliver BARBARA MIKULSKI by your side in a old after which entities must register groceries to homebound seniors in debate you always seem to win. She their securities with the Securities and their neighborhood. She got to know brings passion and dedication and te- Exchange Commission. This and other her neighbors well, and she understood nacity to every issue she works on. Her provisions contained in H.R. 3606 will the important issues facing her com- love of the Senate, Congress in general, provide companies and small banks munity. and the American people is infectious. with the flexibility to grow, which will Much of what we both experienced When Senator MIKULSKI and I have in turn lead to economic growth and working in our family stores and worked together it has always been a job creation.

VerDate Mar 15 2010 06:17 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.042 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2230 CONGRESSIONAL RECORD — SENATE March 29, 2012 As the Commission amends its rules curities in crowdfunding transactions work of entrepreneurs, hosted a round- implementing title V of H.R. 3606, it is described under new Securities Act sec- table on crowdfunding in Boston. As of important that it be mindful of tion 4(6), in accordance with new Ex- March 26, 2012, 3 thousand investors Congress’s intent that the rules pro- change Act section 12(g)(5)(B). We be- pledged to invest $7.5 million when vide clear guidance to issuers on how lieve these additional safe harbor pro- crowdfunding becomes legal. to comply with the new provisions. For tections would provide important guid- On March 8, 2012, the House of Rep- instance, section 503 of the JOBS Act ance for issuers and should be strongly resentatives passed the Jumpstart Our requires that the SEC adopt safe har- considered by the SEC. Business Startups (JOBS) Act by a bor provisions that issuers can follow Mr. BROWN of Massachusetts. Mr. vote of 390–23, which included crowd- when determining whether holders of President, I wish rise to speak about funding legislation. President Obama their securities received the securities jobs and the Massachusetts innovation also issued a statement in support of pursuant to an employee compensation economy. plan in transactions that were exempt In July 2010, the Kauffman Founda- the JOBS Act. Although my focus was from the registration requirements of tion noted that ‘‘startups aren’t every- on legalizing crowdfunding, I felt that section 5 of the Securities Act of 1933. thing when it comes to job growth. the JOBS Act bill lacked basic investor The issues that we would expect the They’re the only thing.’’ In fact, the protection standards that would give Commission to address when adopting Kauffman Foundation found that investors some confidence and help the the safe harbor provisions include the ‘‘without startups, there would be no market grow. I worked with Senators steps issuers can take to obtain com- net job growth in the U.S. economy.’’ MICHAEL BENNET and JEFF MERKLEY to fort that securities are held by persons In Massachusetts, where we have the introduce a bipartisan compromise who received the securities pursuant to second largest venture capital market crowdfunding bill, the CROWDFUND an employee compensation plan and in the country, venture capital helps Act—S. 2190, on March 13, 2012. On whether the issuance of those securi- drive our innovation technology. Mas- March 22, 2012, the Senate passed the ties were exempt from Securities Act sachusetts public companies that were CROWDFUND Act as an amendment to registration. To provide issuers appro- once venture-backed start-ups account the JOBS Act, which was approved by a priate comfort under the rules, the for 775,151 jobs and $190 billion in rev- vote of 73–26. Commission could adopt a safe harbor enue in the United States. The CROWDFUND Act sets the provision that allows issuers, absent However, in the current economic cli- framework for developing a new mar- actual knowledge of information to the mate, institutional investors are wary ket in which entrepreneurs can raise contrary, to rely on information it has of investing in ideas that carry signifi- capital and ordinary investors can in- about a person at the time the securi- cant entrepreneurial and technological vest in new ideas. To create a new mar- ties are issued. The Commission could risk. With a high risk of failure and ketplace for investment, the also adopt a safe harbor provision that often a lack of collateral, small start- CROWDFUND Act creates investor pro- allows issuers to consider an issuance up companies cannot qualify for tradi- tections that are designed to balance of securities exempt from the Securi- tional commercial loans. Alternative entrepreneurs’ ease of access to capital ties Act if it has a reasonable belief capital markets are therefore critical with the need for transparency. to these engines of future economic that the exemption existed at the time In prescribing requirements for prosperity. To give entrepreneurs and the securities were issued. issuers, the CROWDFUND Act address- The definition of an ‘‘employee com- start-ups the access to capital they es the importance of providing inves- pensation plan’’ should be interpreted need to get their businesses off the tors accurate information. While finan- broadly. For purposes of determining ground, I introduced the Democratizing cial disclosures are necessary for inves- whether a person is an employee who Access to Capital Act—S. 1791—to le- tors to make wise investment deci- need not be counted when an issuer is galize crowdfunding on November 2, sions, the importance of disclosure calculating the number of holders of 2011. Crowdfunding will create a new should be balanced with individuals’ record under section 12(g)(1)(A) of the alternative market for capital forma- right to privacy. The SEC should there- Securities Exchange Act of 1934, the tion by allowing every American—re- fore, under its rulemaking authority term ‘‘employee’’ would include per- gardless of income or wealth—to invest provided in Section 4A(b), clarify that sons who are current or former employ- in a start-up or a great idea. And ac- entrepreneurs will not be asked to dis- ees of the issuer. We would also include cording to an economic model by Re- close individual personal tax returns. but not limit this exemption to other gional Economic Models, Inc.—REMI, In addition, while the bill clearly persons such as surviving spouses or crowdfunding has the potential to in- states that issuers should be liable for family members who inherit equity se- crease the number of start-ups by 10 material misrepresentations or omis- curities from the employee and who percent, potentially creating hundreds sions, issuers should not be held liable need not be included in the calculation of thousands of new jobs. for misstatements or omissions that of the number of holders of record. Recognizing that crowdfunding could were made by mistake. The standard of ‘‘Employee compensation plans’’ would provide a huge new growth engine for liability for issuers as described in Sec- include but is not limited to a written the Massachusetts tech sector and the tion 4A(c) should be ‘‘due diligence.’’ In compensatory benefit plan or written Internet, our brightest economic fron- other words, issuers must do their ‘‘due contract as defined in SEC rule 701 tier, I wrote to President Obama on diligence’’ to make sure that the infor- under the Securities Act of 1933. February 3, 2012 to ask for his help in mation that they are providing to po- In revising rule 506 and rule 144A to urging the Senate to pass crowdfunding tential investors is accurate. This is a remove the prohibitions on general so- legislation. On February 27, 2012, I widely accepted liability standard. licitation or general advertising, the hosted a roundtable with Massachu- Commission should consider practice setts entrepreneurs and small busi- Although issuers may not advertise in the market for rule 144A securities nesses at Boston City Hall. And on the specific terms of an offering, the and ensure that offerings and sales of February 29, 2012, I called on my col- CROWDFUND Act ensures that issuers rule 144A securities can proceed on the leagues to work together and pass a are allowed to generally advertise their same basis as they do currently, in- crowdfunding bill in a speech from the offerings through email and social cluding from a state blue sky perspec- Senate floor. media channels, as long as the inter- tive, regardless of whether there is gen- At the same time, entrepreneurs mediary website remains the location eral solicitation or general advertising. from the Cambridge Innovation Center for all offerings. Potential investors The Commission should also consider created a petition to show Congress should be given enough information adopting similar safe harbor provisions their support for crowdfunding. These about offerings to spark their interest. for how issuers can determine whether entrepreneurs founded wefunder.com to To discourage fraudulent operators, their investors are accredited for pur- rally support for crowdfunding. On provide proper investor education and poses of revised Exchange Act section March 5, 2012, wefunder.com and ‘‘crowdvetting’’ of opportunities by im- 12(g)(1)(A) and whether securities are MassChallenge, a not-for-profit organi- partial third parties, issuers should not held by persons who purchase such se- zation dedicated to supporting the be allowed to encourage investment

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.065 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2231 outside of the intermediary. In addi- stricting the ability for intermediaries quently passed our language when it tion to facilitating communication be- to take equity positions, should fraud considered the JOBS legislation earlier tween issuers and investors, inter- or manipulative practices arise. this week. mediaries should allow fellow investors Although the CROWDFUND Act re- As the Securities and Exchange Com- to endorse or provide feedback about quires intermediaries to register with mission works to implement this new issuers and offerings, provided that the SEC and become members of a self- law, it is my hope that it will recognize these investors are not employees of regulatory association, all rules, regu- that the funding portal registration the intermediary. Investors’ creden- lations and registration requirements process is meant to be more stream- tials should be included with their should be developed with minimal bur- lined and less burdensome than tradi- comments to aid the collective wisdom den and cost to the intermediaries. The tional broker-dealer registration. of the crowd. SEC and any relevant self-regulatory Given the size of the investments that Regulated intermediaries are nec- association should bear in mind that are likely to occur in crowdfunding, essary for investor protection; how- these costs will ultimately be passed the SEC should work to provide an ap- ever, intermediaries should not be through to issuers—costs should not propriate level of oversight without over-regulated. Specifically, none of undermine the goals of crowdfunding making it cost-prohibitive to become a the requirements placed on inter- to create low-burden alternative means funding portal. mediaries should prevent an inter- of raising capital. In addition, the Funding portals should be allowed to mediary or funding portal from remov- crowdfunding community may develop organize and sort information based on ing or preventing the public display of its own self-regulatory association to certain criteria. This will make it easi- an offering that it deems not credible. specifically oversee crowdfunding er for individuals to find the types of To guarantee the quality of offerings, intermediaries. companies in which they can poten- intermediaries should be able to em- While preemption of State securities tially invest. This type of capability— ploy a Kickstarter-like process, in law is necessary for crowdfunding to commonly referred to as curation— which the staff of an intermediary de- function, State securities regulators should not constitute investment ad- termines which issuers are invited to should play a role in crowdfunding of- vice or recommendations, which the present their offerings to site visitors. ferings. In addition to allowing limited law otherwise prohibits. Intermediaries should also be allowed State securities registration, State Similarly, funding portals should be to inform its users about offerings that should retain its authority to take en- allowed to engage in due diligence may interest them, provided that this forcement action with regard to any services. This would include providing is not explicitly or implicitly recom- issuer or intermediary. Further, where templates and forms, which will enable mending the offering to an investor. state authority is not specifically pre- issuers to comply with the underlying Although intermediaries must only empted, the SEC will not presume pre- statute. In crafting this law, it was our provide offering proceeds to issuers emption. State securities regulators intent to allow funding portals to pro- once the issuers’ target offering are the first line of defense against vide such services. amount is reached, intermediaries fraud and their ability to continue to We also sought to provide the Securi- should not be required to escrow pro- combat fraud should not be curtailed. ties and Exchange Commission suffi- ceeds. Finally, I urge the SEC to take seri- cient flexibility to promulgate rules to To streamline the offering process, it ously the statutory directive to com- ensure individuals have the necessary makes sense to allow intermediaries to plete within 270 days of enactment the information and protections to make place a hold on investor credit cards rulemaking necessary to make the law informed investment decisions. It is until an offer is fully subscribed. At effective. Crowdfunding entrepreneurs my hope that the Commission will ex- that time, investors’ credit cards and intermediaries are eagerly await- ercise such discretion judiciously and should be charged and the proceeds im- ing the rules to take full advantage of will not create a regulatory regime mediately transferred to the issuer. crowdfunding’s potential to unlock that is too cumbersome and expensive Intermediaries should also be per- capital for start-ups and small busi- for funding portals to operate or for mitted to act as the holder of record nesses. Based on my office’s inter- issuers to sell their securities. In pre- for offerings that they facilitate to re- actions with the SEC, I believe that paring the law, we sought to find the duce compliance complexity for issuers the SEC is committed the success of right balance, preserving basic investor and to increase the likelihood of subse- this new market, and the rulemaking protections while ensuring enough en- quent funding from institutional inves- should be easily completed within 270 trepreneurial flexibility to help this tors. Providing holder of record serv- days. promising medium take off for the ices will reduce compliance complexity Few entrepreneurs take a new start- good of our economy. I am hopeful that for issuers and place the burden of up to a mature company on their own. the Commission will respect this bal- managing crowdfunded investors on New ideas need the support of investors ance as it moves forward to implement the intermediary. Without this mecha- to survive and thrive. Investments this law. nism, issuer capitalization tables may power payrolls across our nation and Finally, we provided 270 days for the become unwieldy, discouraging subse- every sector. It’s the grease that keeps Commission to implement this new quent funding from institutional inves- the gears in the American economy law. I hope the SEC will make every ef- tors. In addition, intermediaries should turning. Crowdfunding will allow small fort possible to meet this deadline. be allowed to take an equity stake in businesses to bypass Wall Street and go f offerings. This however, does not mean straight to Main Street for financing. that intermediaries should be able to We know that new businesses are the HOUSE BUDGET PROPOSAL choose which offerings to participate in source of all of the net job creation in Mr. BAUCUS. President Kennedy but rather it should be a standard proc- the United States. This CROWDFUND said that ‘‘to govern is to choose.’’ ess for any offering that the inter- Act provides an avenue for new growth When you put away the charts and mediary facilitates. This will for that crucial sector with unlimited graphs, budgets are about choices. incentivize an intermediary to focus on potential. These choices impact our children’s issuer quality over quantity, providing Mr. BENNET. Mr. President, I wish schools, business owners’ bottom lines, more vetting for investors and greater to discuss our bipartisan efforts to pass and families’ paychecks. And they af- alignment of interests. Of course, any a crowdfunding amendment that pro- fect how we care for our wounded vet- equity stakes by the intermediary vides needed flexibility but also en- erans when they return home from must be fully and meaningfully dis- sures that crowdfunding has sufficient fighting for us. closed to investors. Of course, any eq- oversight and investor protections. I The House has chosen to pass the uity stakes by the intermediary must was proud to work with Senators House Budget Committee chairman’s be fully and meaningfully disclosed to MERKLEY and BROWN in crafting this budget. investors. The SEC should carefully bipartisan proposal. The Senate passed Just as it did last year, this budget monitor any developments in this area our amendment by a 64 to 35 margin. makes a stark choice. It shows where and adjust practices, including re- The House of Representatives subse- the House’s priorities are.

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.064 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2232 CONGRESSIONAL RECORD — SENATE March 29, 2012 Under the House plan, millionaires We know our long-term deficits are HEALTH CARE would receive an average tax cut of at in part due to health care costs. For Ms. COLLINS. Mr. President, this least $150,000. Meanwhile, seniors would the past several decades, these costs week marks the 2-year anniversary of eventually have to pay nearly $6,000 have been growing faster than infla- the signing into law of President more for their health care. That is a tion. This makes Medicare more expen- Obama’s health care bill. There was no big increase when the average senior sive for the government. question that our health care system has a fixed income of only $25,000 a That is why health reform focused on required substantial reform. In passing year. lowering overall health care costs. this law, however, Congress failed to Most Americans would agree that This lowers premiums for seniors en- follow the Hippocratic oath, ‘‘first do this doesn’t pass the smell test. rolled in Medicare today. And it helps no harm.’’ The new law increases We know we need to reduce our def- keep the program strong for genera- health care costs, hurts our seniors and icit. tions to come. health care providers, and imposes bil- But asking seniors to pay an addi- lions of dollars in new taxes, fees, and tional quarter of their income for their If we hadn’t passed health reform, the deficit would be more than $1 tril- penalties. This will lead to fewer health care while giving millionaires a choices and higher insurance costs for six-figure tax break just isn’t fair. It is lion higher over the next two decades. If we hadn’t passed the affordable many middle-income Americans and certainly not balanced. And it is the most small businesses—the opposite of wrong choice. care act, health care spending would have doubled. We passed health reform what real health care reform should do. The House plan would also end the I find it particularly disturbing that Medicare Program seniors know today. to bend the cost curve and slow this cost growth. President Obama’s health care law does It would eliminate guaranteed benefits. not do enough to rein in the cost of It would charge seniors more for their Last week marked the second anni- health care and provide consumers prescriptions. It would make them pay versary of the health care reform law. with more affordable choices. In fact, for the screenings and doctor visits We are already seeing results. Accord- Medicare’s Chief Actuary estimates they get free now. ing to CBO, over the next 10 years, per- that the law will increase health spend- The millions hurt by this plan in- person Medicare costs will decrease by ing across the economy by $311 billion, clude former members of our Armed four percentage points compared to the and the nonpartisan Congressional Forces who served for more than 20 past thirty years. Budget Office says the law will actu- years or were injured while on duty. How did we make this progress? ally increase premiums for an average This budget leaves these military retir- We know that when doctors and hos- family plan by $2,100. Moreover, a re- ees— and other seniors—high and dry. pitals don’t talk to each other, pa- cent report issued by the CBO found It takes a lot of courage to serve a tients receive the same tests twice and that the new law will cost $1.76 trillion full career in the military. But there is other duplicative services. Health re- between now and 2022. That is twice as nothing courageous about cutting care form improves coordination by giving much as the bill’s original 10-year price for our military retirees. I will stand providers incentives to work together. tag of $940 billion. up for our military and our seniors and We know that expensive diseases can The new law also means fewer make sure they have the health care be better managed if they are caught choices for many middle-income Amer- they need. early. Health reform provides free pre- icans and small businesses. All indi- The House budget also increases the ventive care to catch and treat costly vidual and small group policies sold in eligibility age for Medicare from 65 to chronic conditions. the United States will soon have to fit 67 years old. That means seniors would We know criminals try to rip off tax- into one of four categories. One size be forced to work later in life, just to payers. Health reform provides law en- simply does not fit all. In Maine, al- keep their health care. most 90 percent of those purchasing And the House budget replaces Medi- forcement new tools to protect Medi- coverage in the individual market have care with a voucher program. care and Medicaid from fraud and re- a policy that is different from the Seniors would have to use these coup taxpayer dollars. standards in the new law. fixed-price vouchers to purchase pri- We know that some of the best ideas I am also very concerned about the vate insurance or Medicare. But this to lower costs don’t come out of Wash- impact the law will have on Maine’s voucher wouldn’t cover seniors’ health ington. They come from our commu- small businesses, which are our State’s care needs. nities. Health reform leverages these job creation engine. The new law dis- Seniors would be forced to make up good ideas by partnering with the pri- courages small businesses from hiring the difference by spending thousands of vate sector. new employees and paying them more. dollars out of their own pockets. This is the path we need to continue It could also lead to onerous financial To make matters worse, under the down. We need to ensure these tools penalties, even for those small busi- House plan, seniors would be paying are successful and work to improve nesses that are struggling to provide more and getting less. them. We need to build on these re- health insurance for their employees. Private insurance companies would forms to keep saving consumers’ and According to a 2012 Gallup Survey, 48 get to dictate what care seniors can taxpayers’ money. percent of small businesses are not hir- get—and what they can’t. Private com- As we look to solving our country’s panies could say a senior can’t have ing because of the potential cost of largest problems, we need to remember health insurance under the health care hospice or nursing home care or they our priorities. could limit hospital stays or prescrip- law, and the Director of the Congres- We need to focus on fairness. We need sional Budget Office has testified that tion drug coverage. to remember that the choices we make The House plan would end the guar- the new law will mean 800,000 fewer matter. anteed benefits that Medicare protects American jobs over the next decade. The choices we made in the afford- today. Even where the law tries to help I won’t let this happen. I won’t let able care act are making our health small businesses, it misses the mark. others break our promise to America’s care system more efficient. These For example, I have long been a pro- seniors. I won’t let anyone dismantle choices are lowering costs for every- ponent of tax credits to help small Medicare. one. businesses cover employee health in- Besides ending the Medicare seniors The House plan chooses to ignore ris- surance costs. The new credits for rely on today, the House budget does ing health care costs. It simply shifts small businesses in the health care law, not solve our country’s deficit problem. risks and costs onto the backs of Amer- however, are poorly structured. They It just makes seniors and middle-class ica’s seniors. are phased out in such a way that busi- families pay more than their fair share. That is a plan that is not right for nesses will actually be penalized when Fortunately, this is not the only op- seniors. It is not right for our health they hire new workers or pay their em- tion we have to reduce our country’s care system. And it is not right for our ployees more. Moreover, they are tem- debt. We have another choice—the path future. The American people know porary and can only be claimed for 2 we took with health reform. which choice we should make. years in the exchange.

VerDate Mar 15 2010 06:17 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.092 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2233 Finally, I am very concerned that the tients with five or more chronic dis- Bottom line: Innovation is rampant new law is paid for, in large part, eases: stroke, heart disease, diabetes in American health care, and we are through more than $500 billion cuts to and cancer lead the way. And with $2.7 here with a new strategy to bring a Medicare, a program which already is trillion spent annually on health care, fresh wave of innovation to Medicare. facing long-term financing problems. It one of the best ways to slow the growth I would like to thank Senator simply does not make sense to rely on of that spending is to keep Americans PORTMAN for working with me on this deep cuts in Medicare to finance a new healthier, and to do that, we have to new approach to Medicare reform, and entitlement program at a time when reduce the prevalence of chronic dis- I urge my colleagues to join us in co- the number of Medicare beneficiaries is ease. sponsoring our legislation. on the rise. I think Medicare can help spark that f Moreover, according to the adminis- transformation. It is a large Federal program, some of the smartest health DISTRICT OF COLUMBIA tration’s own Chief Actuary, these deep EMANCIPATION DAY cuts could push one in five hospitals, policy links the Federal Government nursing homes, and home health pro- and the private sector, and, most im- Mr. CARDIN. When Congress returns viders into the red. Many of these pro- portant, the Federal Government al- to session on Monday, April 16, 2012, we viders could simply stop taking Medi- ready pays for seniors to have an an- will recognize an important anniver- care patients, which would jeopardize nual physical. sary and holiday here in Washington. access to care for millions of seniors. At present, when seniors leave that That day will be the 150th anniversary It doesn’t have to be this way. The physical, too often there is no game of District of Columbia Emancipation bitter rhetoric and partisan gridlock plan or specific steps a senior can take Day. Nine months before President over the past few years have obscured to get healthier in the year ahead. Sen- Abraham Lincoln issued the Emanci- the very important fact that there are iors get a bunch of numbers about their pation Proclamation in January 1862, many health care reforms that have tests, possibly a prescription, and some the President signed the District of Co- overwhelming support in both parties. medical lingo about their general lumbia Compensated Emancipation For example, we should be able to health, but mostly everyone just hopes Act. The act ordered the release of the agree on generous tax credits for self- things will turn out OK at the next 3,100 enslaved persons of African de- scent held in the Nation’s capital. Dis- employed individuals and small busi- physical. Maybe it was an OK year, and trict of Columbia residents were there- nesses to help them afford health in- that extra dessert wasn’t a problem fore known as the ‘‘First Freed’’ slaves surance, thus reducing the number of after all. We believe that if the Federal Gov- by the Federal government during the uninsured. We should be able to agree ernment is already paying for that Civil War. on insurance market reforms that physical, it is only common sense to In 1865 the Confederacy surrendered would prevent insurance companies wring every possible advantage for sen- and the Civil War ended, and later that from denying coverage to children who iors out of it, specifically by giving year the 13th Amendment to the Con- have preexisting conditions, permit seniors the tools to make changes that stitution was ratified, which states children to remain on their parents’ promote good health and reward them that: ‘‘Neither slavery nor involuntary policies until age 26, require standard- for staying motivated. servitude, except as a punishment for ized claim forms to reduce costs, and That is exactly what the bill I have crime whereof the party shall have allow consumers to purchase insurance written with Senator PORTMAN does. been duly convicted, shall exist within across State lines. Typically, the assumption has always the United States, or any place subject We should be able to agree on deliv- been that preventive care means more to their jurisdiction.’’ ery system reforms that reward value services. But in this case, government Emancipation Day celebrations were rather than volume and quality over already pays for the service—the $3.8 held annually in the District of Colum- quantity and that increase trans- billion on the annual wellness visit— bia from 1866 through 1901, and resumed parency throughout the health care and we are saying, let’s get more out of in 2002. In 2005 Emancipation Day was system. And we should be able to agree that visit. made an official public holiday in the on ways to address the serious health Here is how our legislation—the District of Columbia. care workforce shortages that plague Medicare Better Health Rewards Pro- On March 6, 2012, the District of Co- rural and smalltown America. Simply gram Act—would do that: lumbia City Council adopted ceremo- having an insurance card will do you First, it is voluntary. Since we hear nial resolution 19–207. The resolution no good if there is no one available to a little discussion about mandates finds this anniversary to be ‘‘an impor- provide the care. these days, this is voluntary. tant, historic occasion for the District In short, we should repeal In year 1, a senior has their physical, of Columbia and the nation and serves ObamaCare so that we can start over has their tests run, and their health as an appropriate time to reflect on to work together to draft a health care provider has a conversation with them how far the District of Columbia and bill that achieves the consensus goals about their health. They come up with the United States have progressed of providing more choice, containing a plan to use the next year so that the since institutionalized enslavement of health care costs, improving quality senior can get healthier. The provider people of African descent. Most impor- and access, and making health care then lets Medicare know their patient tantly, the 150th anniversary reminds coverage more affordable for all Ameri- is participating. us to reaffirm our commitment to cans. In year 2, the senior comes back for forge a more just and united country f their next annual wellness visit. Again, that truly reflects the ideas of its tests are run, and they discuss the founders and instills in its people a BETTER HEALTH REWARDS changes that may have occurred over broad sense of duty to be responsible PROGRAM ACT OF 2012 the last year. If they have gotten and conscientious stewards of freedom Mr. WYDEN. Mr. President, I wish to healthier and their provider confirms and democracy.’’ I ask unanimous con- advocate for legislation my colleague, it, they are eligible for a Healthy Re- sent to place a copy of this resolution Senator PORTMAN, and I have coau- ward. If they haven’t, they still had in the RECORD at the end of my state- thored that focuses on driving better their physical at no out of pocket cost ment. health outcomes for America’s seniors to them. Their provider still gets paid. (See exhibit 1.) through the use of real, positive finan- The same happens again in year 3. In the recent past, we have been cial incentives. Finally, the money to pay these re- blessed to celebrate numerous historic I think we can all agree on a theory— wards comes from the fact that as par- achievements for African-Americans in the best health care is often the least ticipating seniors get healthier, Medi- Washington, DC and throughout the expensive, and it is often health care care is spending less money on them. Nation, including the election of the you can have real control over—pre- They are saving the system money. If first African-American President of the vention. that occurs, those seniors who are get- United States, the dedication of the According to the Hastings Center, 76 ting healthier will be able to share in Rev. Martin Luther King, Jr. Memo- percent of Medicare spending is on pa- the savings. rial, and the groundbreaking for the

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.030 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2234 CONGRESSIONAL RECORD — SENATE March 29, 2012 National Museum of African American Whereas, in December 1865, the 13th and determination to begin to end the inhu- History and Culture. I congratulate the Amendment to the United States Constitu- manity and injustice of institutionalized District of Columbia government and tion was ratified establishing that ‘‘ Neither slavery by signing the District of Columbia its residents on this historic anniver- slavery nor involuntary servitude, except as Compensated Emancipation Act on April 16, a punishment for crime whereof the party 1862; sary. shall have been duly convicted, shall exist Whereas, the alignment of the (1) election EXHIBIT 1 within the United States, or any place sub- of the first African-American President of A CEREMONIAL RESOLUTION: 19–207—IN THE ject to their jurisdiction’’; the United States, Barack H. Obama; (2) COUNCIL OF THE DISTRICT OF COLUMBIA, Whereas, in April 1866, to commemorate dedication of the Rev. Martin Luther King, MARCH 6, 2012 the signing of the Emancipation Act, the for- Jr. Memorial; (3) groundbreaking for the Na- tional Museum of African American History To recognize and preserve the cultural his- merly enslaved people and others, in festive attire, with music and marching bands, and Culture; (4) 150th anniversary of the Dis- tory and heritage of the District of Colum- trict of Columbia Emancipation Day; and (5) bia; to formally recognize the 150th anniver- started an annual tradition of parading down Pennsylvania Avenue, proclaiming and cele- 150th anniversary of the Emancipation Proc- sary of District of Columbia Emancipation lamation on January 1, 2013, are historically Day on April 16, 2012, as an important day in brating the anniversary of their freedom; Whereas, the District of Columbia Emanci- important for the District of Columbia and the history of the District of Columbia and pation Day Parade was received by every sit- for the United States; and the United States in that, on April 16, 1862, ting President of the United States from 1866 Whereas, the 150th anniversary of District 9 months before President Abraham Lincoln to 1901; of Columbia Emancipation Day is a sin- signed the Emancipation Proclamation on Whereas, on March 7, 2000, at the Twenty gularly important occasion that links the January 1, 1863 to begin to end institutional- Seventh Legislative Session of the Council of historic Presidency of Abraham Lincoln with ized slavery in America, President Lincoln the District of Columbia, Councilmember the equally historic Presidency of Barack H. signed the District of Columbia Compensated Vincent B. Orange, Sr. (D-Ward 5) authored Obama, as the first President of the United Emancipation Act to release the 3,100 and introduced, with Carol Schwartz (R-At States of African descent. enslaved persons of African descent held in Large), the historic District of Columbia Resolved, by the Council of the District of Co- the nation’s capital, making them the ‘‘first Emancipation Day Amendment Act of 2000, lumbia, That this resolution may be cited as freed’’ by the federal government, at a cost effective April 3, 2001 (D.C. Law 13–237; D.C. the ‘‘District of Columbia Emancipation of nearly $1 million, in 1862 funds, paid to the Official Code §§ 1–612.02a, 32–1201), and on Day—150th Anniversary Recognition Resolu- people who enslaved them; to recognize that, that same date moved an emergency version tion of 2012’’. after the Civil War, formerly enslaved people SEC. 2. The Council of the District of Co- of the legislation that established April 16th and others commemorated the signing of the lumbia finds the 150th anniversary of Dis- as a legal private holiday; trict of Columbia Emancipation Day is an 1862 act by parading down Pennsylvania Ave- Whereas, the District of Columbia Emanci- important, historic occasion for the District nue in festive attire, with music and march- pation Day Emergency Amendment Act of of Columbia and the nation and serves as an ing bands, proclaiming and celebrating free- 2000, which established April 16th as a legal appropriate time to reflect on how far the dom in the District of Columbia Emanci- private holiday, was passed unanimously by District of Columbia and the United States pation Day Parade, which was received by the Council on March 7, 2000, and signed into have progressed since institutionalized en- every sitting President of the United States law on March 22, 2000 by Mayor Anthony A. slavement of people of African descent. Most from 1866 to 1901; and to recognize that, on Williams; March 7, 2000, the Council of the District of Whereas, on April 16, 2000, to properly pre- importantly, the 150th anniversary reminds Columbia voted unanimously to establish serve the historical and cultural significance us to reaffirm our commitment to forge a April 16th as a legal private holiday, the of the District of Columbia Emancipation more just and united country that truly re- Emancipation Day Parade resumed in the Day, Councilmember Orange hosted a cele- flects the ideals of its founders and instills in nation’s capital in 2002, and, on April 5, 2005, bration program in the historic 15th Street its people a broad sense of duty to be respon- District of Columbia Emancipation Day was Presbyterian Church, founded in 1841 as the sible and conscientious stewards of freedom made a legal public holiday, recognized an- First Colored Presbyterian Church; and democracy. nually on April 16th. Whereas, on April 16, 2002, after a 100-year SEC. 3. This resolution shall take effect im- Whereas, on April 16, 1862, President Abra- absence, the District of Columbia, spear- mediately upon the first date of publication ham Lincoln signed the District of Columbia headed by Councilmember Orange with the in the District of Columbia Register. Compensated Emancipation Act (‘‘Emanci- support of Mayor Anthony Williams, re- f pation Act’’) during the Civil War; turned the Emancipation Day Parade to FINANCIAL LITERACY MONTH Whereas, the Emancipation Act provided Pennsylvania Avenue, N.W., along with pub- for immediate emancipation of 3,100 enslaved lic activities on Freedom Plaza and evening Mr. AKAKA. Mr. President, my men, women, and children of African descent fireworks (D.C. Official Code § 1–182); friend and colleague from Wyoming, held in bondage in the District of Columbia; Whereas, the District of Columbia Emanci- Senator ENZI, and I have once again Whereas, the Emancipation Act authorized pation Day Parade and Fund Act of 2004, ef- submitted a resolution to designate compensation of up to $300 for each of the fective March 17, 2005 (D.C. Law 15–240; D.C. 3,100 enslaved men, women, and children held April as ‘‘Financial Literacy Month’’ Official Code § 1–181 et seq.), established the to raise public awareness of this impor- in bondage by those loyal to the Union, vol- Emancipation Day Fund to receive and dis- untary colonization of the formerly enslaved burse monies for the Emancipation Day Pa- tant issue. I would like to first thank to colonies outside of America, and pay- rade and activities associated with the cele- the cosponsors of the resolution, Sen- ments of up to $100 to each formerly enslaved bration and commemoration of the District ators BAUCUS, BLUNT, BROWN of Ohio, person who agreed to leave America; of Columbia Emancipation Day; CARDIN, CARPER, COCHRAN, COONS, Whereas, the Emancipation Act authorized Whereas, the District of Columbia Emanci- CRAPO, DURBIN, HAGAN, INOUYE, JOHN- the federal government to pay approxi- pation Day Amendment Act of 2004, effective SON of South Dakota, KOHL, LANDRIEU, mately $1 million, in 1862 funds, for the free- April 5, 2005 (D.C. Law 15–288; D.C. Official LAUTENBERG, MENENDEZ, MURRAY, and dom of 3,100 enslaved men, women, and chil- Code § 1–612.02(a)(11)), established April 16th dren of African descent in the District of Co- as a legal public holiday; WICKER. I appreciate their hard work lumbia; Whereas, on April 16, 2005, District of Co- and support in working to increase the Whereas, the Emancipation Act ended the lumbia Emancipation Day was observed for level of financial literacy for people of bondage of 3,100 enslaved men, women, and the first time as a legal public holiday, for all ages across America. I also thank children of African descent in the District of the purpose of pay and leave of employees the Senate for taking up this resolu- Columbia, and made them the ‘‘first freed’’ scheduled to work on that day (D.C. Official tion and passing it with unanimous by the federal government during the Civil Code § 1–612.02(c)(2)); War; consent last night. Whereas, April 16, 2012, is the 150th anni- This is the tenth and final year that Whereas, nine months after the signing of versary of District of Columbia Emanci- the Emancipation Act, on January 1, 1863, pation Day, which symbolizes the triumph of I have introduced this resolution, President Lincoln signed the Emancipation people of African descent over the cruelty of which highlights our Nation’s need for Proclamation of 1863, to begin to end institu- institutionalized slavery and the goodwill of investments in financial literacy, com- tionalized enslavement of people of African people opposed to the injustice of slavery in mends current efforts and initiatives to descent in Confederate states; a democracy; promote financial education, and en- Whereas, on April 9, 1865, the Confederacy Whereas, the Council of the District of Co- courages the administration and pri- surrendered, marking the beginning of the lumbia remembers and pays homage to the vate institutions to continue to work end of the Civil War, and on August 20, 1866, millions of people of African descent toward creating a more financially lit- President Andrew Johnson signed a Procla- enslaved for more than 2 centuries in Amer- mation—Declaring that Peace, Order, Tran- ica for their courage and determination; erate public. quility and Civil Authority Now Exists in Whereas, the Council of the District of Co- Financial literacy empowers individ- and Throughout the Whole of the United lumbia remembers and pays homage to uals to be able to appropriately evalu- States of America; President Abraham Lincoln for his courage ate credit opportunities, successfully

VerDate Mar 15 2010 06:17 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.060 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2235 save and invest for long-term financial month of April. However, focusing on ADDITIONAL STATEMENTS goals in an increasingly intricate mar- Financial Literacy Month in April al- ketplace, and responsibly manage their lows us to have a designated month personal, professional, and family fi- when we can focus our efforts, take RECOGNIZING THE OAHU MATH nances. It is essential that we continue stock of what has been working, and LEAGUE to make strides toward improving edu- improve on our work for the coming ∑ Mr. AKAKA. Mr. President, I wish to cation and consumer protection, while year. I thank my colleagues again for recognize the math coaches and teach- giving individuals the necessary tools passing this resolution. ers of the Oahu Math League, OML, for to build more financially stable fami- f their outstanding service for the stu- lies, businesses, and communities. As dents of Hawaii. The Hawaii Council of TRIBUTE TO JENNIFER L. SMITH we continue along the path to eco- Teachers of Mathematics created the nomic recovery, it is imperative that Mr. CONRAD. Mr. President, I rise OML more than 40 years ago to supple- the basics of economics, credit, and along with my colleague, the ranking ment the traditional math curriculum personal finance become a fundamental member of the Budget Committee, Sen- in Hawaii’s schools and to provide stu- fixture in the American school system. ator SESSIONS, to pay tribute to Jen- dents with an outlet to represent their The Council for Economic Education nifer L. Smith, who is retiring this schools in academic competition. The recently released their 2011 ‘‘Survey of week after more than 32 years of dis- league is comprised two senior varsity the States: Economic and Personal Fi- tinguished service to the Congress. divisions as well as one junior varsity nance Education in Our Nation’s Ms. Smith began her congressional division. The various teams represent Schools.’’ According to this survey, career in 1979, working in the Senate. 28 of Oahu’s schools, both public and there have been great improvements in While working, she attended law school private, and over 35 coaches, each dedi- financial literacy since the first survey at night and became one of the Sen- cated to the promotion of mathematics in 1998. However, troublingly, in the ate’s Assistant Parliamentarians. She education in the State of Hawaii. past 2 years, progress has slowed and in has since served as an Assistant Coun- I wish to acknowledge the students some cases even reversed. Specifically, sel for the House Budget Committee, who spend their free time after school the General Counsel for the Senate only 22 States require students to take and on weekends to prepare and com- Budget Committee, and the Deputy an economics course as a high school pete in the OML’s seven grueling meets General Counsel for CBO. In 2006, she graduation requirement, and only 16 each academic year. These students de- returned to the Senate Parliamentar- States require the testing of student vote their extracurricular time to mas- ian’s Office as the Senate Precedents knowledge in economics. In addition, tering difficult mathematic techniques Editor and in 2010 returned to CBO as only 12 States require students to take and theories in order to challenge the Associate General Counsel. themselves in the pursuit of academic a personal finance course either inde- In each of her roles, Ms. Smith pendently or as part of an economics worked tirelessly to ensure that the de- excellence. Their commitment to their course as a high school graduation re- cisions of each office were carefully re- education is exemplary and should be quirement. searched, well reasoned, and fully docu- commended. However, these young men and Also, alarmingly, according to the mented. Gallup-Operation HOPE Financial Lit- As an attorney for CBO, Ms. Smith women would not be able to participate eracy Index, while 69 percent of Amer- ensured that CBO’s estimates of legis- in the OML competitions were it not ican students strongly believe that the lation were based on a solid under- for the support and knowledge of the best time to save money is now, only 57 standing of the law. Her skills as an at- fundamentals of math given to them by percent believe that their parents are torney have been highlighted in the di- their coaches and teachers. These de- saving money for the future. Despite verse issues she has worked on while at voted men and women work many clear progress in this area over the CBO, ranging from immigration, to So- hours a week outside the school day in past 15 years, these most recent trends cial Security to lease-purchase issues. preparation for these competitions. are disturbing. Her knowledge of appropriations law, I would like to recognize both the There is no better time than now to copyright law, and the ethics rules of foresight of OML’s founders, as well as invest in a better-educated, more fi- the House of Representatives rivals the enduring passion and tireless dili- nancially savvy public. With the in- those of the most acknowledged ex- gence of the many outstanding teach- creased complexity of and access to to- perts in those fields. ers who volunteer their time and ef- day’s financial products, the unscrupu- Ms. Smith’s excellent work has been forts each school year to make the lous nature of predatory lenders as recognized throughout her career. In league a success. In particular, I would they enticed millions of families into 2005, for instance, as CBO’s Deputy like to note the extraordinary commit- complicated loans they could not af- General Counsel, she received a CBO ment of several of OML’s most active ford nor understand, and people having Director’s Award for outstanding per- supporters: Thomas Yamachika, Carl to make important life decisions at a formance, one of many such awards. Wheeler, Hank Koszewski, Phil Abe, younger and younger age, it is critical Ms. Smith has exemplified CBO’s Clarence Kanja, Lance Suzuki, Clayton that we ensure that students are em- high standard of professionalism, ob- Akatsuka, Kathleen Goto, and Amy powered by a sound financial education jectivity, and nonpartisanship. As Yonashiro. by the time they graduate from high chairman, I greatly appreciate the sac- I also want to thank the nine dedi- school. Our Nation cannot afford an- rifices that Ms. Smith—as well as her cated math teachers and OML coaches, other housing crisis, and the best way family—has made in assisting the who spend a combined total of 68 hours to safeguard against that risk is edu- Budget Committee and Congress. a week preparing for meets outside of cation and promotion spreading knowl- I would like to turn to my colleague, the regular school day and represent edge. Senator SESSIONS, for his remarks. more than 180 years of math instruc- I would like to thank the various or- Mr. SESSIONS. I thank the chairman tion and service. They are Calvin ganizations and individuals who are and join him in commending Ms. Smith Fukuhara of Kamehameha School, Mi- doing their part to ensure the edu- for her many years of dedicated, faith- chael Park of Iolani School, Tim cation of personal finance reaches as ful, and outstanding service to CBO, to Cantley and Deborah Kula of Sacred many Americans as possible. Teachers, the Senate through her work in the Hearts Academy, Michael Ida of Kalani parents, financial institutions, non- Parliamentarian’s Office and the Budg- High School, Carolyn Okunaga of profit organizations, Governors, legis- et Committee, and to the Congress and Mililani High School, Chenfu Chiang of lators, and other decision makers must American people. We wish her all the Hanalani High School, Hal Parker of be leaders on this issue just as all of us best in her well-deserved retirement. Punahou School, and Joyce Kanja of owe it to ourselves and our country to We hope our colleagues will join us in Mid-Pacific Institute. have adequate knowledge of personal thanking Ms. Smith—and really all of As an educator and former principal, finance. the hard-working employees at the I know firsthand about the countless As policymakers, we must champion Congressional Budget Office—for her hours that go into student extra- these issues year round, not just in the and their service. curricular activities when the school

VerDate Mar 15 2010 04:56 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.058 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2236 CONGRESSIONAL RECORD — SENATE March 29, 2012 day ends. It makes me proud to see Mr. Chavez’s steely determination clean-burn turbine. The source mate- these outstanding educators embody and use of nonviolent protest tactics in rials used by the anaerobic digesters the spirit of service. Their dedication the Delano grape strike of 1965–1970; will be waste that is currently being to their field and to the students of Ha- the fasts of 1968, 1972, and 1988; and nu- sent to garbage dumps. As a result of waii is undeniable. I send my best wish- merous other strikes around the Na- this new project, EBMUD’s total pro- es to the students, their families, tion became an organizing model and duction capacity at its wastewater teachers, and coaches and to the Oahu inspiration for the labor movement. treatment plant will be 10.6 megawatts, Math League for continued success in Driven by its core values of integrity, enough capacity to meet the electrical the future.∑ innovation, empowerment, nonviolence power demands of 13,000 homes. f and ‘‘Si Se Puede’’ attitude, the UFW The innovative Power Generation has worked valiantly and tirelessly Station Renewable Energy Expansion TRIBUTE TO COLONEL ROBERT over the past half century to achieve a Project will allow the East Bay Munic- WALK number of historic gains for farm- ipal Utility District to be the first ∑ Ms. AYOTTE. Mr. President, today I workers. The vigorous advocacy of the agency of its kind in the Nation to gen- rise to congratulate Robert Walk who UFW has enabled farmworkers to se- erate all its own energy entirely from is retiring from the U.S. Army with the cure higher wages and safer working the production of biogas generated rank of colonel. Robert dedicated more conditions, reduced exposure to the use from waste materials. Excess energy, than 30 years of his life to serving our of harmful and toxic pesticides, and above and beyond that needed to meet Nation as both an Active and Reserve equality and opportunities for their the electrical power demands of run- officer. New Hampshire has been very families. ning the wastewater treatment plant, fortunate to have a man such as Robert Today, the UFW remains an ardent will be sold back to the electrical grid, serving in the Army, and I am privi- protector and advocate for the rights thereby helping to keep customer rates leged to recognize his accomplishments and interests of farmworkers in 10 low by reducing EBMUD’s power bill today. States. The union’s proud legacy of so- and increasing revenues from the sale Robert comes from a patriotic family cial justice and civil rights is alive and of electricity. Increasing the genera- with a long history of honorable serv- thriving. tion of green energy supports Califor- ice. He chose to follow in the footsteps The story of the first 50 years of the nia’s goal of increasing clean energy of his father, the late COL James Fred- United Farm Workers is a testament to while reducing greenhouse gas emis- erick Walk of Hanover, and his grand- the value of perseverance and social sions. This project is particularly im- fathers, BG Arthur Richard Walk, U.S. justice. I applaud the indefatigable portant because EBMUD is currently Army, and LTC and Dartmouth College commitment of all UFW members, past generating so much biogas from waste professor—Ralph Arthur Burns, Army and present, to bring justice and equal- material that it is forced to flare the Air Force. His brothers, LTC William ity to farmworkers and to future gen- excess biogas. Arthur Walk and LTC James Bradford erations. At a time when all of us must find Walk, all answered the same call to As the members and friends of the ways to reduce energy consumption service. United Farm Workers gather to cele- After receiving a degree in chemical and help generate renewable energy, I brate this auspicious occasion, I con- engineering from the University of New commend the board of directors and Hampshire, he served for 11 years on gratulate them on their 50th anniver- the employees of the East Bay Munic- sary and wish everyone a memorable ipal Utility District for the foresight active duty in the Army, where he met ∑ his wife, LTC M. Angela S. Walk. Fol- anniversary and continued success. they have shown in developing and lowing his active-duty service, he con- f growing the Resource Recovery Pro- gram and in the construction of this tinued his career in the Army Reserve, EAST BAY MUNICIPAL UTILITY important sustainable energy project. serving as a traditional reserve officer DISTRICT while pursuing a master’s degree in en- This project serves as a reminder to ∑ Mrs. FEINSTEIN. Mr. President, I vironmental engineering. As a tradi- each of us that we can find ways to de- wish today to recognize the significant tional Reserve officer, Robert held a velop high-quality public services and contributions that the East Bay Mu- variety of positions, working in the reduce operating costs through innova- nicipal Utility District in Oakland, CA, Army Reserve’s Homeland Security Of- tive thinking and the use of tech- is making with respect to renewable fice, and in the congressionally di- nology. I congratulate East Bay Munic- energy production. East Bay Municipal rected Domestic Preparedness Pro- ipal Utility District for leading the Utility District is a regional water and gram, before transitioning to active way on developing clean energy.∑ wastewater treatment agency serving Guard Reserve status. His final posi- f the needs of the citizens of Alameda tion was serving as the chief of staff of TRIBUTE TO COLONEL RICHARD C. the U.S. Strategic Command Center for and Contra Costa Counties in the San Francisco Bay area. I am proud to note GROSS Combating Weapons of Mass Destruc- ∑ tion at Fort Belvoir. that with 1.3 million customers in the Mr. GRAHAM. Mr. President, I ask Even in retirement, I am confident east bay region, this agency is leading my colleagues to join me in recog- that Robert will continue to serve his the way in developing sustainable en- nizing COL Richard ‘‘Rich’’ C. Gross on Nation. On behalf of all New Hampshire ergy and water conservation practices the occasion of his promotion to briga- residents and all Americans, I am that benefit the region. dier general in the U.S. Army. This is proud to thank Robert and his entire On April 3, the East Bay Municipal a tremendous honor, for which he family for their service to our great Utility District’s board of directors should be especially proud. Nation.∑ will formally dedicate a project that A devoted patriot, Rich has dedicated will create clean energy for the region the past 27 years to serving our Armed f and help ensure that waste materials Forces and protecting our Nation. UNITED FARM WORKERS OF that would otherwise be sent to land- After graduating from the U.S. Mili- AMERICA 50TH ANNIVERSARY fills are reused. This new project is the tary Academy at West Point, he was ∑ Mrs. BOXER. Mr. President, I ask my Power Generation Station Renewable commissioned in the U.S. Army as a colleagues to join me in celebrating Energy Expansion Project and it builds second lieutenant in the Infantry. the 50th anniversary of the United on the successful Resource Recovery Rich’s first assignment took him to the Farm Workers of America, the Nation’s Program that is already serving as a 82nd Airborne Division at Fort Bragg, largest farmworkers union. model for other wastewater treatment NC, where he served in numerous lead- In 1962, Cesar Chavez, the preeminent plants across the Nation. ership positions. While there, he was figure in the movement for farm labor- The Power Generation Station Re- accepted into the Army’s Funded Legal ers’ rights in the 20th century, founded newable Energy Expansion Project will Education Program. In 1993, he grad- the National Farm Works Association, utilize biogas, methane, produced from uated from the University of Virginia which later became the United Farm anaerobic digesters to power electrical School of Law and entered the U.S. Workers, UFW. generators and a new 4.6-megawatt Army Judge Advocate General’s, JAG,

VerDate Mar 15 2010 06:17 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.044 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2237 Corps. He later earned a master’s de- after being deployed, worked for the to the creation of the UCF College of gree in strategic studies from the U.S. Judge Advocate General’s—JAG—Corps Medicine which has become the corner- Army War College at Carlisle Bar- to provide military individuals with stone for a growing medical sciences racks, PA. legal support and assistance. David cluster of facilities known as the ‘‘Med- As a JAG, Rich served in numerous also served as a military judge, dem- ical City at Lake Nona.’’ positions across the world. He began onstrating his continued resolution to A few weeks ago, Dr. Hitt told the serving in the 101st Airborne Division, upholding the laws of our land. UCF community that if he had learned Fort Campbell, KY. After assignments Throughout his life, David main- anything in 20 years, it was that our at the U.S. Army Litigation Division tained a dedication to the preservation greatest danger is not to dream too in Arlington, VA, and the 1st Special of justice and integrity which I am large, but to dream too small. In the Operational Detachment—Delta, Fort honored to commend. Today, I join the years that he has led UCF—and in the Bragg, he was assigned to the V Corps, Churchill County community and citi- 50 years that he has had Martha at his Heidelberg, Germany, as the deputy zens of the Silver State to celebrate side—John Hitt has stayed true to his staff judge advocate, SJA. Most re- the life of an upstanding Nevadan and ideals, his vision, and his heart. cently, he served as the SJA for U.S. dedicated advocate on behalf of our Mr. President, Dr. Hitt is fond of say- Central Command, USCENTCOM, at State.∑ ing that UCF ‘‘stands for opportunity.’’ That is in no small part because of his MacDill AFB, Tampa, FL. f I had the opportunity to serve with strength of character, bold vision and Rich in Kabul, Afghanistan, and was TRIBUTE TO DR. JOHN HITT steady leadership. As UCF celebrates able to see firsthand his strong work ∑ Mr. NELSON of Florida. Mr. Presi- its 50th anniversary next year, Dr. ethic, good character, and integrity. As dent, today I pay tribute to a great Hitt’s unique approach to tackling the chief legal advisor for the Inter- Floridian, Dr. John Hitt, who earlier challenges and creating opportunities national Security Assistance Force, this month celebrated his 20th anniver- has taken UCF from promise to promi- ISAF, and SJA for U.S. Forces—Af- sary as the president of the University nence. On this special anniversary, I ghanistan, USFOR–A, Rich is an in- of Central Florida. thank Dr. Hitt for not straying from valuable asset to our Armed Forces First and foremost, I would like to the five visionary goals that he out- and, as a leader, has set an example for congratulate him on reaching this lined in his inaugural address two dec- other service men to follow. milestone, and thank him and his wife ades ago—and for showing us what is Rich has received numerous awards, Martha for everything they have done possible through passion and partner- including the Defense Superior Service for Central Florida over the past 20 ship. Thank you, Dr. Hitt.∑ Medal, the Legion of Merit, the Bronze years. When they arrived at UCF in Star with two Oak Leaf Clusters, the 1992, Dr. Hitt outlined five goals for f Defense Meritorious Service Medal, the UCF that have held steadfast for two TRIBUTE TO JOHN W. ROWE Army Meritorious Service Medal with decades. ∑ Ms. SNOWE. Mr. President, today I He wanted the school to offer the Oak Leaf Cluster, and the Non-Article wish to pay tribute to John Rowe, an best undergraduate education available 5 NATO Medal. He is a recipient of the individual whose keen intellect and in- U.S. Army Ranger Tab, Master Para- in Florida and achieve international defatigable work ethic have trans- chutist Badge, Air Assault Badge, and prominence in key programs of grad- formed him into one of the country’s Expert Infantryman Badge. uate study and research. He wanted the most respected voices in the energy in- I ask the Senate join me in congratu- school to provide international focus to dustry—and one that I have relied on lating Richard C. Gross on his pro- UCF’s curricula and research pro- throughout my congressional career as motion to Army, brigadier general. We grams, become more inclusive and di- a source for honest analysis of public thank him for his lifelong dedication verse, and to be America’s leading policy relating to climate change and to our Armed Forces and Nation. I wish partnership university. energy markets. Rich the very best in his future endeav- This innovative vision and entrepre- Earlier this month, John spent his ors.∑ neurial spirit have led to UCF becom- first day of retirement teaching stu- f ing our nation’s 2nd largest university dents at a charter school that he fi- and a place among America’s premier nanced and founded in Chicago—an ac- REMEMBERING JUDGE DAVID metropolitan research universities. HUFF tion which embodies a career that has When Dr. Hitt arrived in Orlando, he prioritized responsibility, competition, ∑ Mr. HELLER. Mr. President, today knew that the key to making UCF a and above all, a commitment to em- we honor the life and service of Judge world-class university and a vital force bracing challenges. Indeed, John not David Huff, whose passing on March 27, in Central Florida was going to be only leaves Exelon a stronger com- 2012 signifies a great loss to Nevada’s through the power of partnerships. pany, but he bequeaths a legacy of vi- judiciary. David’s commitment to the It would be through partnerships sion and innovation to the utility sec- people of the State of Nevada will with our community and State colleges tor that will truly reverberate for gen- never be forgotten. I send my condo- where UCF accepts 29 percent of all erations to come. It has often been lences and prayers to David’s family in Florida community and State college noted that John holds the distinction this time of mourning. transfer students, making it the No. 1 of being the longest serving utility ex- David served the communities of destination for transfer students in the ecutive in the United States, which is Fallon and Yerington for 15 years as State university system and among the also a remarkable reflection of the de- District Court Judge for Nevada’s top universities in the United States gree to which he is considered a pre- Third Judicial District Court and the for community college transfer stu- eminent and trusted voice on a range recently-formed Tenth Judicial Dis- dents. of issues from national climate policies trict Court. Since being elected to the It would be through partnerships to transmission and environmental bench in 1996, David’s main priority with industry and government that led regulations. was to maintain and secure justice for to the growth of the Central Florida To think that it all began in Maine. the residents of Churchill and Lyon Research Park—one of the top five re- In reflecting upon the origins of his ca- Counties. Throughout his career, David search parks in the country—and to reer, John described to the New York was deeply invested in community ef- the founding of the Florida High Tech Times last summer that he was told he forts to improve the justice system by Corridor Council, which links the re- could either try to become a CEO developing policies that promoted ex- sources and talent of UCF, the Univer- through a long and arduous climb up cellence in court administration. sity of South Florida, and the Univer- the corporate ladder, or he could ‘‘go to As a Vietnam veteran and Navy Jus- sity of Florida with high-tech compa- some fairly small company that is in tice School graduate, David made a nies. really big trouble and is willing to take commitment to his country long before And, it would be through partner- a lot of risk.’’ And the rest, as they he served the great State of Nevada. He ships that are profoundly transforming say, is history—to the everlasting ben- joined the United States Navy and Central Florida, such as those that led efit of the energy industry.

VerDate Mar 15 2010 05:00 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.047 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2238 CONGRESSIONAL RECORD — SENATE March 29, 2012 John, who had virtually no experi- However, John’s true expertise, provided support to clear the land, ence in the energy sector, moved to starting with his initial effort to stop build roads, establish a watering sys- Maine and joined Central Maine Power, the campaign to close a nuclear plant tem, and build a greenhouse. Other or CMP, as CEO in 1984—as the com- in Maine, focuses on developing a regu- partners include Work Vessels for Vet- pany was confronting unparalleled latory environment that provides safe erans, which helped with funding for a challenges. It was also after he came to nuclear power to consumers. As the op- trailer, marketing and Web develop- CMP that my husband, the former Gov- erator of the largest nuclear fleet in ment support, and important introduc- ernor of Maine Jock McKernan, and I the United States, John has meticu- tions to other veteran farmers includ- first met John. lously worked to address the current ing Veteran Farm’s pioneer Adam In Maine, John quickly demonstrated challenges confronting additional nu- Burke. exceptional business acumen and clear power in the United States, while As the longest serving member of the quickly altered the discussion in Maine also preemptively positioning the in- Senate Veterans’ Affairs Committee, I from one of confrontation to one of col- dustry for unanticipated impediments. am deeply moved by the courage of our laboration that involved regulators and The American nuclear power fleet is veterans and their ongoing service to the rest of the business community. He the safest in the world in part because our country and their colleagues. carried that experience forward to New of his unparalleled contributions. James McCormick is such an inspira- England Electric Systems where he be- At a time when trust of institutions, tion.∑ came a forceful voice for deregulation companies, and public policymakers f of the electricity markets in the 1990s. has eroded, it is difficult to lose John’s Always a strong proponent of increas- voice as a head of one of the most in- MESSAGES FROM THE PRESIDENT ing competitiveness in the electricity fluential companies in the United Messages from the President of the market, John realized that the elec- States. John has always demonstrated tricity industry was on course toward a United States were communicated to a trust with his colleagues as well as new paradigm when he remarked to the the Senate by Mr. Pate, one of his sec- policymakers, and I look forward to Bangor Daily News in 1995, ‘‘We’re on a retaries. route to increasing competition, and watching his continued contributions f following his retirement as chief execu- that is unlikely to be turned around.’’ EXECUTIVE MESSAGES REFERRED John steadfastly maintained that tive officer of Exelon. ideology throughout the rest of his ca- I wish John and his wife, Jeanne, the As in executive session the Presiding reer, and while he left Maine and New very best in the next chapter of their Officer laid before the Senate messages England for his work at Exelon and its lives, and I look forward to continuing from the President of the United predecessor, Unicom, he indisputably to work with an individual who be- States submitting sundry nominations continued to influence public policy lieves in cost-effective development of which were referred to the appropriate throughout the country—garnering clean energy in the United States, is committees. him numerous industry accolades, in- champion of competition, and is com- (The nominations received today are cluding Edison Electric Institute’s Dis- mitted to responsibility throughout so- printed at the end of the Senate pro- ∑ tinguished Leadership Award, the Key- ciety. ceedings.) stone Center Leadership in Industry f f Award, Chicagoland Chamber of Com- TRIBUTE TO JAMES MCCORMICK merce Burnham Award for Business MESSAGES FROM THE HOUSE ∑ Mr. ROCKEFELLER. Mr. Presi- and Civic Leadership, as well as an in- At 12:50 p.m., a message from the dent, last week, an extraordinary West duction to the Chicago Business Hall of House of Representatives, delivered by Fame. But most invaluable to the Na- Virginian, James McCormick, received Mrs. Cole, one of its reading clerks, an- tion has been his ever-steady and a national award, Citizen Service Be- nounced that the House has passed the thoughtful commentary on the devel- fore Self Honors, from the Congres- following bills, in which it requests the opment of sensible policies that would sional Medal of Honor Foundation. concurrence of the Senate: This nonprofit is dedicated to edu- reduce greenhouse gas emissions while H.R. 5. An act to improve patient access to providing certainty for business invest- cation and awareness about the Con- health care services and provide improved ments. gressional Medal of Honor. James medical care by reducing the excessive bur- Rather than challenging regulations, McCormick was recognized by this dis- den the liability system places on the health John has led the effort to replace anti- tinguished group for his extraordinary care delivery system. quated Clean Air Act rules with mar- commitment to his fellow veterans. H.R. 1339. An act to designate the City of ket-based solutions that provide envi- Mr. McCormick returned from service Salem, Massachusetts, as the Birthplace of the National Guard of the United States. ronmental dividends at a reduced cost and rather than thinking of just him- self, he realized that his fellow vet- to industry and consumers. Specifi- At 1:54 p.m., a message from the erans needed to work and they needed cally, as cochair of the National Com- House of Representatives, delivered by mission on Energy Policy, he developed housing. His deep understanding of the needs Mr. Novotny, one of its reading clerks, the report, ‘‘Ending the Energy Stale- announced that the House has passed mate,’’ which called for increasing and of returning veterans led to the cre- ation of his nonprofit, Raising Cane the following bill, in which it requests reforming fuel economy standards, ad- the concurrence of the Senate: dressing climate change through a Farms. The vision is simple but impor- H.R. 4281. An act to provide an extension of mandatory market-based trading pro- tant. Raising Cane Farms is an or- ganic, environmentally friendly farm Federal-aid highway, highway safety, motor gram, and increasing the development carrier safety, transit, and other programs and distribution of energy-efficient located in Mason County, WV, that funded out of the Highway Trust Fund pend- products. grows and market bamboo for multiple ing enactment of a multiyear law reauthor- Specifically, the report stated that, uses, including sales to manufacturers izing such programs. ‘‘improving passenger vehicle fuel of bamboo products, produce sellers, ENROLLED BILL SIGNED economy is by far the most significant restaurants, and landscapers. But be- At 6:23 p.m., a message from the oil demand reduction measure proposed yond that, the farm will also serve as House of Representatives, delivered by by the Commission.’’ As a coauthor of an educational facility and place to Mr. Bias, one of its reading clerks, an- the ‘‘Ten-in-Ten’’ Fuel Economy Title employ veterans and provide quality nounced that the Speaker pro tempore jobs in an outdoors, veteran-friendly of the 2007 Energy Independence and (Mr. THORNBERRY) has signed the fol- Security Act, I took these rec- environment using both the outdoors lowing enrolled bill: ommendations to heart, and with Sen- and fellowship with other veterans to H.R. 4281. An act to provide an extension of ator FEINSTEIN, embarked on an initia- help them recover from combat disabil- Federal-aid highway, highway safety, motor tive to achieve historic fuel economy ities. carrier safety, transit, and other programs standards based upon this law—which, Raising Cane Farms has been helped funded out of the Highway Trust Fund pend- given the increasing prices for gaso- by dedicated partners including the ing enactment of a multiyear law reauthor- line, could not be more imperative. Farmer Veteran’s Coalition, FVC, that izing such programs.

VerDate Mar 15 2010 06:17 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.017 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2239 The enrolled bill was subsequently ness), transmitting, pursuant to law, a re- ard Frog’’ (RIN1018–AX12) received during signed by the Acting President pro port relative to the Secretary’s personnel adjournment of the Senate in the Office of tempore (Mr. REID). management demonstration project authori- the President of the Senate on March 23, ties for Department of Defense Science and 2012; to the Committee on Environment and f Technology Reinvention Laboratories; to the Public Works. MEASURES REFERRED Committee on Armed Services. EC–5531. A communication from the Chief EC–5523. A communication from the Prin- of the Listing Branch, Fish and Wildlife The following bill was read the first cipal Military Deputy, Office of the Assist- Service, Department of the Interior, trans- and the second times by unanimous ant Secretary of Defense (Research, Develop- mitting, pursuant to law, the report of a rule consent, and referred as indicated: ment and Acquisition), transmitting, pursu- entitled ‘‘Endangered and Threatened Wild- H.R. 1339. An act to designate the City of ant to law, a notification of plans to donate life and Plants; Revised Endangered Status, Salem, Massachusetts, as the Birthplace of the destroyer ex-EDSON (DD 946) to the Revised Critical Habitat Designation, and the National Guard of the United States; to Saginaw Valley Naval Ship Museum for per- Taxonomic Revision for Monardella linoides the Committee on Armed Services. manent berthing and public display in Bay ssp. viminea’’ (RIN1018–AX18) received dur- City, Michigan, received in the Office of the ing adjournment of the Senate in the Office f President of the Senate on March 26, 2012; to of the President of the Senate on March 23, MEASURES READ THE FIRST TIME the Committee on Armed Services. 2012; to the Committee on Environment and EC–5524. A communication from the Sec- Public Works. The following bill was read the first retary of the Treasury, transmitting, pursu- EC–5532. A communication from the Direc- time: ant to law, a six-month periodic report on tor of Congressional Affairs, Office of Nu- H.R. 5. An act to improve patient access to the national emergency declared in Execu- clear Regulatory Research, Nuclear Regu- health care services and provide improved tive Order 13224 of September 23, 2001, with latory Commission, transmitting, pursuant medical care by reducing the excessive bur- respect to persons who commit, threaten to to law, the report of a rule entitled ‘‘Terres- den the liability system places on the health commit, or support terrorism; to the Com- trial Environmental Studies for Nuclear care delivery system. mittee on Banking, Housing, and Urban Af- Power Stations’’ (Regulatory Guide 4.11, Re- fairs. vision 2) received in the Office of the Presi- f EC–5525. A communication from the Chief dent of the Senate on March 26, 2012; to the EXECUTIVE AND OTHER of the Recovery and Delisting Branch, Fish Committee on Environment and Public COMMUNICATIONS and Wildlife Service, Department of the Inte- Works. rior, transmitting, pursuant to law, the re- EC–5533. A communication from the Chair- The following communications were port of a rule entitled ‘‘Endangered and man of the Nuclear Regulatory Commission, laid before the Senate, together with Threatened Wildlife and Plants; Establishing transmitting, a legislative proposal relative accompanying papers, reports, and doc- a Manatee Refuge in Kings Bay, Citrus Coun- to amending the Atomic Energy Act of 1954 uments, and were referred as indicated: ty, FL’’ (RIN1018–AX27) received during ad- and the Energy Reorganization Act of 1974; journment of the Senate in the Office of the to the Committee on Environment and Pub- EC–5516. A communication from the Sec- President of the Senate on March 23, 2012; to lic Works. retary of the Commission, Division of Swap the Committee on Energy and Natural Re- EC–5534. A communication from the Acting Dealer and Intermediary Oversight, Com- sources. Director of Human Resources, Office of modity Futures Trading Commission, trans- EC–5526. A communication from the Dep- Human Resources, Environmental Protec- mitting, pursuant to law, the report of a rule uty Chief of the National Forest System, De- tion Agency, transmitting, pursuant to law, entitled ‘‘Commodity Pool Operators and partment of Agriculture, transmitting, pur- a report relative to a vacancy in the position Commodity Trading Advisors: Compliance suant to law, a report relative to the de- of Assistant Administrator for Toxic Sub- Obligations’’ (RIN3038–AD30) received in the tailed boundary for the Allegheny Wild and stances, received in the Office of the Presi- Office of the President of the Senate on Scenic River in Pennsylvania, added to the dent of the Senate on March 27, 2012; to the March 26, 2012; to the Committee on Agri- National Wild and Scenic Rivers System; to Committee on Environment and Public culture, Nutrition, and Forestry. the Committee on Energy and Natural Re- Works. EC–5517. A communication from the Acting sources. EC–5535. A communication from the Acting Congressional Review Coordinator, Animal EC–5527. A communication from the Direc- Director of Human Resources, Office of and Plant Health Inspection Service, Depart- tor of the Regulatory Management Division, Human Resources, Environmental Protec- ment of Agriculture, transmitting, pursuant Environmental Protection Agency, transmit- tion Agency, transmitting, pursuant to law, to law, the report of a rule entitled ‘‘Tuber- ting, pursuant to law, the report of a rule en- a report relative to a vacancy in the position culosis in Cattle and Bison; State and Zone titled ‘‘Approval and Promulgation of Air of Assistant Administrator for Toxic Sub- Designations; New Mexico; Correction’’ Quality Implementation Plans; Maine; Re- stances, received in the Office of the Presi- (Docket No. APHIS–2008–0124) received in the gional Haze’’ (FRL No. 9652–1) received dur- dent of the Senate on March 27, 2012; to the Office of the President of the Senate on ing adjournment of the Senate in the Office Committee on Environment and Public March 26, 2012; to the Committee on Agri- of the President of the Senate on March 23, Works. culture, Nutrition, and Forestry. 2012; to the Committee on Environment and EC–5536. A communication from the Chief EC–5518. A communication from the Direc- Public Works. of the Trade and Commercial Regulations tor of the Regulatory Management Division, EC–5528. A communication from the Direc- Branch, Customs and Border Protection, De- Environmental Protection Agency, transmit- tor of the Regulatory Management Division, partment of Homeland Security, transmit- ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- titled ‘‘Bacillus pumilus strain GHA 180; Ex- ting, pursuant to law, the report of a rule en- titled ‘‘Interest on Untimely Paid Vessel Re- emption from the Requirement of a Toler- titled ‘‘Quality Assurance Requirements for pair Duties’’ (RIN1515–AD74) received during ance’’ (FRL No. 9343–1) received during ad- Continuous Opacity Monitoring Systems at adjournment of the Senate in the Office of journment of the Senate in the Office of the Stationary Sources’’ (FRL No. 9653–3) re- the President of the Senate on March 23, President of the Senate on March 23, 2012; to ceived during adjournment of the Senate in 2012; to the Committee on Finance. the Committee on Agriculture, Nutrition, the Office of the President of the Senate on EC–5537. A communication from the Sec- and Forestry. March 23, 2012; to the Committee on Environ- retary of Health and Human Services, trans- EC–5519. A communication from the Assist- ment and Public Works. mitting, pursuant to law, a report entitled ant Secretary, Office of Legislative Affairs, EC–5529. A communication from the Direc- ‘‘Report to the Congress on the Implementa- Department of State, transmitting, pursuant tor of the Regulatory Management Division, tion of the Medicare Self-Referral Disclosure to law, a report relative to Cooperative Environmental Protection Agency, transmit- Protocol’’; to the Committee on Finance. Threat Reduction Programs (DCN OSS–2012– ting, pursuant to law, the report of a rule en- EC–5538. A communication from the Sec- 0407); to the Committee on Armed Services. titled ‘‘Protection of Stratospheric Ozone: retary of Health and Human Services, trans- EC–5520. A communication from the Under Amendment to HFO–1234yf SNAP Rule for mitting, pursuant to law, a report entitled Secretary of Defense (Personnel and Readi- Motor Vehicle Air Conditioning Sector’’ ‘‘Plan to Implement a Home Health Agency ness), transmitting, pursuant to law, the De- (FRL No. 9651–3) received during adjourn- Value-Based Purchasing Program’’; to the partment of Defense’s fiscal year 2010–2018 ment of the Senate in the Office of the Presi- Committee on Finance. Strategic Workforce plan; to the Committee dent of the Senate on March 23, 2012; to the EC–5539. A communication from the Assist- on Armed Services. Committee on Environment and Public ant Secretary, Bureau of Legislative Affairs, EC–5521. A communication from the Dep- Works. Department of State, transmitting, pursuant uty Secretary of Defense, transmitting, pur- EC–5530. A communication from the Acting to law, a report relative to the establishment suant to law, the annual Developing Coun- Chief of the Listing Branch, Fish and Wild- of a Danger Pay Allowance for Nigeria; to tries Combined Exercise Program Report of life Service, Department of the Interior, the Committee on Foreign Relations. Expenditures for Fiscal Year 2011; to the transmitting, pursuant to law, the report of EC–5540. A communication from the Assist- Committee on Armed Services. a rule entitled ‘‘Endangered and Threatened ant Secretary, Office of Legislative Affairs, EC–5522. A communication from the Under Wildlife and Plants; Listing and Designation Department of State, transmitting, pursuant Secretary of Defense (Personnel and Readi- of Critical Habitat for the Chiricahua Leop- to law, certification for the export of defense

VerDate Mar 15 2010 05:00 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.010 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2240 CONGRESSIONAL RECORD — SENATE March 29, 2012 articles, to include technical data, and de- fice of the President of the Senate on March Report to Congress on the Disclosure of Fi- fense services related to the export of fire- 27, 2012; to the Committee on Armed Serv- nancial Interest and Recusal Requirements arms to the Government of India, Ministry ices. for Regional Fishery Management Councils of Home Affairs in the amount of $1,000,000 or EC–5549. A communication from the Direc- and Scientific and Statistical Committees; more; to the Committee on Foreign Rela- tor of Defense Procurement and Acquisition to the Committee on Commerce, Science, tions. Policy, Department of Defense, transmit- and Transportation. EC–5541. A communication from the Direc- ting, pursuant to law, the report of a rule en- EC–5558. A communication from the Sec- tor, Directorate of Standards and Guidance, titled ‘‘Defense Federal Acquisition Regula- retary of Veterans Affairs, transmitting, Occupational Safety and Health Administra- tion Supplement: Separation of Combined pursuant to law, the Department of Veterans tion, transmitting, pursuant to law, the re- Provisions and Clauses’’ ((RIN0750–AH38) Affairs Vehicle Fleet Report on Alternative port of a rule entitled ‘‘Revising Standards (DFARS Case 2011–D048)) received in the Of- Fuel Vehicles for fiscal year 2011; to the Referenced in the Acetylene Standard’’ fice of the President of the Senate on March Committee on Energy and Natural Re- (RIN1218–AC64) received in the Office of the 27, 2012; to the Committee on Armed Serv- sources. President of the Senate on March 19, 2012; to ices. EC–5559. A communication from the Chair- the Committee on Health, Education, Labor, EC–5550. A communication from the Assist- man, Defense Nuclear Facilities Safety and Pensions. ant Secretary, Office of Legislative Affairs, Board, transmitting, pursuant to law, a re- EC–5542. A communication from the Direc- Department of State, transmitting, pursuant port of the Board’s health and safety activi- tor of Regulations and Policy Management to law, a notification of intent to use fiscal ties relating to the Department of Energy’s Staff, Food and Drug Administration, De- year 2010 Nonproliferation, Anti-terrorism, defense nuclear facilities during calendar partment of Health and Human Services, Demining, and Related Programs (NADR) year 2011; to the Committee on Energy and transmitting, pursuant to law, the report of funds for Global Threat Reduction activities Natural Resources. a rule entitled ‘‘Revision of Organization and in Libya; to the Committee on Armed Serv- EC–5560. A communication from the Direc- Conforming Changes to Regulations’’ (Dock- ices. tor of the Regulatory Management Division, et No. FDA–2012–N–0222) received in the Of- EC–5551. A communication from the Senior Environmental Protection Agency, transmit- fice of the President of the Senate on March Program Analyst, Federal Aviation Adminis- ting, pursuant to law, the report of a rule en- 26, 2012; to the Committee on Health, Edu- tration, Department of Transportation, titled ‘‘Approval and Promulgation of Imple- cation, Labor, and Pensions. transmitting, pursuant to law, the report of mentation Plans; New Mexico; Construction EC–5543. A communication from a Member a rule entitled ‘‘Standard Instrument Ap- Permit Fees’’ (FRL No. 9654–2) received in of the Ronald Reagan Centennial Commis- proach Procedures; Miscellaneous Amend- the Office of the President of the Senate on sion, transmitting, pursuant to law, a report ments (7); Amdt. No. 3466’’ (RIN2120–AA65) March 28, 2012; to the Committee on Environ- relative to the Commission’s activities; to received in the Office of the President of the ment and Public Works. EC–5561. A communication from the Direc- the Committee on the Judiciary. Senate on March 28, 2012; to the Committee tor of the Regulatory Management Division, EC–5544. A communication from the Direc- on Commerce, Science, and Transportation. tor of the Regulatory Management Division, EC–5552. A communication from the Senior Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- Program Analyst, Federal Aviation Adminis- ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- tration, Department of Transportation, titled ‘‘Approval and Promulgation of Imple- mentation Plans; Commonwealth of Ken- titled ‘‘2-Propenoic acid, 2-methyl-, 2- transmitting, pursuant to law, the report of tucky; Regional Haze State Implementation ethylhexyl ester, telomer with 1- a rule entitled ‘‘Standard Instrument Ap- Plan’’ (FRL No. 9653–8) received in the Office dodecanethiol, ethenylbenzene and 2- proach Procedures; Miscellaneous Amend- of the President of the Senate on March 28, methyloxirane polymer with oxirane ments (30); Amdt. No. 30829’’ (RIN2120–AA65) 2012; to the Committee on Environment and monoether with 1,2-propanediol mono(2- received in the Office of the President of the Public Works. methyl-2-propenoate), hydrogen 2- Senate on March 28, 2012; to the Committee ′ EC–5562. A communication from the Direc- sulfobutanedioate, sodium salt, 2,2 -(1,2- on Commerce, Science, and Transportation. tor of the Regulatory Management Division, EC–5553. A communication from the Senior diazenediyl)bis[2-methylpropanenitrile]-ini- Environmental Protection Agency, transmit- Program Analyst, Federal Aviation Adminis- tiated; Tolerance Exemption’’ (FRL No. 9339– ting, pursuant to law, the report of a rule en- 9) received in the Office of the President of tration, Department of Transportation, titled ‘‘Approval and Promulgation of Air the Senate on March 28, 2012; to the Com- transmitting, pursuant to law, the report of Quality Implementation Plans; Pennsyl- mittee on Agriculture, Nutrition, and For- a rule entitled ‘‘Part 95 Instrument Flight vania; Determinations of Clean Data for the estry. Rules (4); Amdt. No. 499’’ (RIN2120–AA63) re- 2006 24-Hour Fine Particulate Standard for EC–5545. A communication from the Direc- ceived in the Office of the President of the the Harrisburg-Lebanon-Carlisle-York, Al- tor of the Regulatory Management Division, Senate on March 28, 2012; to the Committee lentown, Johnstown, and Lancaster Non- Environmental Protection Agency, transmit- on Commerce, Science, and Transportation. attainment Areas’’ (FRL No. 9654–1) received ting, pursuant to law, the report of a rule en- EC–5554. A communication from the Senior in the Office of the President of the Senate titled ‘‘Acetamiprid; Pesticide Tolerance’’ Program Analyst, Federal Aviation Adminis- on March 28, 2012; to the Committee on Envi- (FRL No. 9340–7) received in the Office of the tration, Department of Transportation, ronment and Public Works. President of the Senate on March 28, 2012; to transmitting, pursuant to law, the report of EC–5563. A communication from the Direc- the Committee on Agriculture, Nutrition, a rule entitled ‘‘Airworthiness Directives; tor of the Regulatory Management Division, and Forestry. BRP-Powertrain GmbH and Co KG Rotax Re- Environmental Protection Agency, transmit- EC–5546. A communication from the Direc- ciprocating Engines’’ ((RIN2120–AA64) (Dock- ting, pursuant to law, the report of a rule en- tor of Defense Procurement and Acquisition et No. FAA–2011–0836)) received in the Office titled ‘‘Secondary National Ambient Air Policy, Department of Defense, transmit- of the President of the Senate on March 28, Quality Standards for Oxides of Nitrogen and ting, pursuant to law, the report of a rule en- 2012; to the Committee on Commerce, Sulfur’’ (FRL No. 9654–4) received in the Of- titled ‘‘Defense Federal Acquisition Regula- Science, and Transportation. fice of the President of the Senate on March tion Supplement: New Threshold for Peer EC–5555. A communication from the Chief 28, 2012; to the Committee on Environment Reviews of Noncompetitive Contracts’’ of Staff, Media Bureau, Federal Communica- and Public Works. ((RIN0750–AH66) (DFARS Case 2012–D018)) re- tions Commission, transmitting, pursuant to EC–5564. A communication from the Chair- ceived in the Office of the President of the law, the report of a rule entitled ‘‘Creation man, Nuclear Regulatory Commission, trans- Senate on March 27, 2012; to the Committee of a Low Power Radio Service’’ (MB Docket mitting, pursuant to law, the Commission’s on Armed Services. No. 99–25; FCC 12–28) received in the Office of updated Strategic Plan for the period of fis- EC–5547. A communication from the Direc- the President of the Senate on March 28, cal year 2008 through fiscal year 2013; to the tor of Defense Procurement and Acquisition 2012; to the Committee on Commerce, Committee on Environment and Public Policy, Department of Defense, transmit- Science, and Transportation. Works. ting, pursuant to law, the report of a rule en- EC–5556. A communication from the Chief EC–5565. A communication from the Chief titled ‘‘Defense Federal Acquisition Regula- of Staff, Media Bureau, Federal Communica- of the Trade and Commercial Regulations tion Supplement: Repeal of Case-by-Case Re- tions Commission, transmitting, pursuant to Branch, Customs and Border Protection, De- porting’’ ((RIN0750–AH67) (DFARS Case 2012– law, the report of a rule entitled ‘‘Creation partment of Homeland Security, transmit- D020)) received in the Office of the President of a Low Power Radio Service; Amendment ting, pursuant to law, the report of a rule en- of the Senate on March 27, 2012; to the Com- of Service and Eligibility Rules for FM titled ‘‘United States-Korea Free Trade mittee on Armed Services. Broadcast Translator Stations’’ (MB Docket Agreement’’ (RIN1515–AD86) received in the EC–5548. A communication from the Direc- No. 99–25; FCC 12–29) received in the Office of Office of the President of the Senate on tor of Defense Procurement and Acquisition the President of the Senate on March 28, March 28, 2012; to the Committee on Finance. Policy, Department of Defense, transmit- 2012; to the Committee on Commerce, EC–5566. A communication from the Sec- ting, pursuant to law, the report of a rule en- Science, and Transportation. retary of Health and Human Services, trans- titled ‘‘Defense Federal Acquisition Regula- EC–5557. A communication from the Acting mitting, pursuant to law, a report entitled tion Supplement; Inflation Adjustment of Assistant Administrator for Fisheries, Na- ‘‘Tobacco Prevention and Control Activities Threshold for Acquisition of Right-Hand tional Oceanic and Atmospheric Administra- in the United States, 2008–2009’’; to the Com- Drive Passenger Sedans’’ ((RIN0750–AH65) tion, Department of Commerce, transmit- mittee on Health, Education, Labor, and (DFARS Case 2012–D016)) received in the Of- ting, pursuant to law, a report entitled ‘‘2011 Pensions.

VerDate Mar 15 2010 06:17 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.014 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2241 EC–5567. A communication from the Ad- EC–5579. A communication from the Direc- tions of the federal budget, we are breaking ministrator of the Small Business Adminis- tor, Facilities Services Directorate, Depart- our promise to the shippers paying the tax tration, transmitting, pursuant to law, the ment of Defense, transmitting, pursuant to and hurting our nation’s economic recovery; Administration’s Annual Report on The No- law, the Facilities Services Directorate/Pen- and tification and Federal Employee Anti- tagon Renovation and Construction Program Whereas, current congressional legislation discrimination and Retaliation Act for fiscal Office (PENREN) annual report; to the Com- (H.R. 104 and S. 412) would ensure that har- year 2011; to the Committee on Homeland Se- mittee on Armed Services. bor maintenance taxes are only used for curity and Governmental Affairs. EC–5580. A communication from the Chair- their intended purpose to maintain our na- EC–5568. A communication from the Chair- man, Federal Financial Institutions Exam- tion’s harbors; now, therefore, be it man of the Council of the District of Colum- ination Council, transmitting, pursuant to Resolved by the Senate, That we memori- bia, transmitting, pursuant to law, a report law, the Council’s 2011 Annual Report to alize the Congress of the United States to on D.C. Act 19–321, ‘‘Car Wash Employee Congress; to the Committee on Banking, enact legislation to ensure that amounts Overtime Amendment Act of 2012’’; to the Housing, and Urban Affairs. credited to the Harbor Maintenance Trust Committee on Homeland Security and Gov- EC–5581. A communication from the Direc- Fund are used solely for the dredging, infra- ernmental Affairs. tor of Regulations and Policy Management structure, operation, and maintenance of EC–5569. A communication from the Chair- Staff, Food and Drug Administration, De- federally-authorized ports, harbors, and wa- man of the Council of the District of Colum- partment of Health and Human Services, terways; and be it further bia, transmitting, pursuant to law, a report transmitting, pursuant to law, the report of Resolved, That copies of this resolution be on D.C. Act 19–322, ‘‘Lottery Amendment Re- a rule entitled ‘‘Medical Devices; Neuro- transmitted to the President of the United peal Amendment Act of 2012’’; to the Com- logical Devices; Classification of the Near In- States Senate, the Speaker of the United mittee on Homeland Security and Govern- frared Brain Hematoma Detector’’ (Docket States House of Representatives, and the mental Affairs. No. FDA–2012–M–0206) received in the Office members of the Michigan congressional dele- EC–5570. A communication from the Chair- of the President of the Senate on March 29, gation. man of the Council of the District of Colum- 2012; to the Committee on Health, Education, bia, transmitting, pursuant to law, a report Labor, and Pensions. POM–69. A concurrent resolution adopted on D.C. Act 19–323, ‘‘Moratorium on Estab- EC–5582. A communication from the Direc- by the Legislature of the State of Louisiana lishments Which Permit Nude Dancing Tem- tor of Regulations and Policy Management memorializing a request for an amendments porary Act of 2012’’; to the Committee on Staff, Food and Drug Administration, De- convention to be called for the purpose of Homeland Security and Governmental Af- partment of Health and Human Services, proposing an amendment to the U.S. Con- fairs. EC–5571. A communication from the Chair- transmitting, pursuant to law, the report of stitution which shall provide that an in- man of the Council of the District of Colum- a rule entitled ‘‘Agreements and Memoranda crease in the federal debt requires approval bia, transmitting, pursuant to law, a report of Understanding Between the Food and from a majority of the legislatures of the on D.C. Act 19–327, ‘‘Workforce Job Develop- Drug Administration and Other Depart- separate states; to the Committee on the Ju- ment Grant-Making Authority Temporary ments, Agencies, and Organizations’’ (Dock- diciary. Act of 2012’’; to the Committee on Homeland et No. FDA–2012–N–0205) received in the Of- HOUSE CONCURRENT RESOLUTION NO. 87 fice of the President of the Senate on March Security and Governmental Affairs. Whereas, Article V of the Constitution of 29, 2012; to the Committee on Health, Edu- EC–5572. A communication from the Chair- the United States provides authority for a cation, Labor, and Pensions. man of the Council of the District of Colum- convention to be called by the Congress of bia, transmitting, pursuant to law, a report f the United States for the purpose of pro- on D.C. Act 19–328, ‘‘Board of Elections and PETITIONS AND MEMORIALS posing amendments to the constitution upon Ethics Electoral Process Improvement application of two-thirds of the legislatures Amendment Act of 2012’’; to the Committee The following petitions and memo- of the several states, an ‘‘amendments con- on Homeland Security and Governmental Af- rials were laid before the Senate and vention’’; and fairs. were referred or ordered to lie on the Whereas, the legislature of the state of EC–5573. A communication from the Chair- Louisiana favors the proposal and ratifica- man of the Council of the District of Colum- table as indicated: tion of an amendment to said constitution bia, transmitting, pursuant to law, a report POM–68. A resolution adopted by the Sen- which shall provide that an increase in the on D.C. Act 19–329, ‘‘Unemployed Anti-Dis- ate of the State of Michigan memorializing federal debt requires approval from a major- crimination Act of 2012’’; to the Committee the Congress of the United States to enact ity of the legislatures of the separate states. on Homeland Security and Governmental Af- legislation to ensure that amounts credited therefore, be it fairs. to the Harbor Maintenance Trust Fund are Resolved, Section 1. That, as provided for in EC–5574. A communication from the Chair- used solely for the dredging, infrastructure, Article V of the Constitution of the United man of the Council of the District of Colum- operation, and maintenance of federally au- States, the legislature of the state of Lou- bia, transmitting, pursuant to law, a report thorized ports, harbors, and waterways; to isiana herewith respectfully applies for an on D.C. Act 19–330, ‘‘Civil Marriage Dissolu- the Committee on Environment and Public amendments convention to be called for the tion Equality Act of 2012’’; to the Committee Works. on Homeland Security and Governmental Af- purpose of proposing an amendment which SENATE RESOLUTION NO. 97 fairs. shall provide that an increase in the federal EC–5575. A communication from the Chair- Whereas, domestic shippers and importers debt requires approval from a majority of man of the Council of the District of Colum- using Great Lakes and coastal ports pay the legislatures of the separate states. bia, transmitting, pursuant to law, a report more than a billion dollars per year in fed- Section 2. That the amendments conven- on D.C. Act 19–331, ‘‘DDOT Omnibus Con- eral harbor maintenance taxes. Congress es- tion contemplated by this application shall forming Temporary Amendment Act of tablished the tax to fund harbor operation be entirely focused upon and exclusively lim- 2012’’; to the Committee on Homeland Secu- and maintenance, particularly dredging, at ited to the subject matter of proposing for rity and Governmental Affairs. these ports; and ratification an amendment to the constitu- EC–5576. A communication from the Chair- Whereas, despite a nearly $6 billion balance tion providing that an increase in the federal man of the Council of the District of Colum- in the Harbor Maintenance Trust Fund, our debt requires approval from a majority of bia, transmitting, pursuant to law, a report nation’s dredging needs are not being met. the legislatures of the separate States. on D.C. Act 19–332, ‘‘Unemployment Com- Throughout our nation and particularly in Section 3. This application constitutes a pensation Funds Appropriation Act of 2012’’; the Great Lakes region, the lack of dredging continuing application in accordance with to the Committee on Homeland Security and has forced shippers to operate inefficiently Article V of the Constitution of the United Governmental Affairs. and carry lighter loads, costing them mil- States until at least two-thirds of the legis- EC–5577. A communication from the Chair- lions of dollars each year; and latures of the several states have made appli- man of the Council of the District of Colum- Whereas, the Obama Administration has cation for an equivalently limited amend- bia, transmitting, pursuant to law, a report only budgeted about half of the revenue col- ments convention. on D.C. Act 19–333, ‘‘Targeted Retirement lected through the harbor maintenance tax Section 4. That a certified copy of this ap- Distribution Withholding Temporary Act of for maintaining our nation’s harbors. Last plication be dispatched by the secretary of 2012’’; to the Committee on Homeland Secu- year, nearly $1.5 billion were collected from state (or other responsible constitutional of- rity and Governmental Affairs. shippers, but only $758 million has been allo- ficer) to the president of the United States EC–5578. A communication from the Sec- cated for dredging harbors in Michigan and Senate, to the speaker of the United States retary to the Board, Railroad Retirement other coastal states; and House of Representatives, to each member of Board, transmitting, pursuant to law, the Whereas, during the current turbulent eco- the applicant’s delegation to the United Railroad Retirement Board’s fiscal year 2011 nomic conditions, we must make every effort States Congress, and to the presiding officers annual report relative to the Notification to support economic activity by maintaining of each house of the several state legisla- and Federal Employee Antidiscrimination the infrastructure necessary for commerce. tures, requesting their cooperation in apply- and Retaliation Act of 2002; to the Com- Essentially by, using harbor maintenance ing for the amendments convention limited mittee on Homeland Security and Govern- taxes placed in the Harbor Maintenance to the subject matter contemplated by this mental Affairs. Trust Fund to finance and balance other por- application.

VerDate Mar 15 2010 05:00 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.017 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2242 CONGRESSIONAL RECORD — SENATE March 29, 2012 REPORTS OF COMMITTEES gage loan debt; to the Committee on Fi- lish a revenue loss assistance program, re- nance. peal the direct payment and ACRE pro- The following reports of committees By Mr. BEGICH (for himself and Ms. grams, extend commodity programs through were submitted: MURKOWSKI): 2017, and for other purposes; to the Com- By Mr. LIEBERMAN, from the Committee S. 2251. A bill to designate the United mittee on Agriculture, Nutrition, and For- on Homeland Security and Governmental Af- States courthouse located at 709 West 9th estry. fairs, without amendment: Street, Juneau, Alaska, as the Robert By Mr. JOHNSON of South Dakota (for H.R. 2297. A bill to promote the develop- Boochever United States Courthouse; to the himself, Ms. MURKOWSKI, Mr. INOUYE, ment of the Southwest waterfront in the Dis- Committee on Environment and Public and Mr. BEGICH): trict of Columbia, and for other purposes Works. S. 2262. A bill to amend the Public Health (Rept. No. 112¥09154). By Mr. HARKIN: Service Act to reauthorize and extend the By Mr. LEAHY, from the Committee on S. 2252. A bill to rebuild the American mid- Fetal Alcohol Syndrome prevention and the Judiciary, with an amendment in the na- dle class by creating jobs, investing in our services program, and for other purposes; to ture of a substitute: future, building opportunity for working the Committee on Health, Education, Labor, S. 2159. A bill to extend the authorization families, and restoring balance to the tax and Pensions. of the Drug-Free Communities Support Pro- code; to the Committee on Finance. By Mr. CASEY (for himself and Mr. gram through fiscal year 2017. By Mr. DURBIN (for himself and Mr. BROWN of Ohio): FRANKEN): S. 2263. A bill to authorize the Secretary of f S. 2253. A bill to require individuals who Education to establish the National Program EXECUTIVE REPORTS OF file under the Ethics in Government Act of for Arts and Technology Act as a Federal COMMITTEES 1978 to disclose any financial accounts that program; to the Committee on Health, Edu- are or have been deposited in a country that cation, Labor, and Pensions. The following executive reports of is a tax haven; to the Committee on Home- By Mr. HOEVEN (for himself, Mr. nominations were submitted: land Security and Governmental Affairs. BLUNT, Ms. KLOBUCHAR, Mr. CRAPO, By Mr. JOHNSON of South Dakota, for the By Mr. PORTMAN (for himself and Mr. and Mr. JOHANNS): Committee on Banking, Housing, and Urban WHITEHOUSE): S. 2264. A bill to provide liability protec- Affairs. S. 2254. A bill to direct the Attorney Gen- tion for claims based on the design, manufac- Christy L. Romero, of Virginia, to be Spe- eral to establish uniform standards for the ture, sale, offer for sale, introduction into cial Inspector General for the Troubled Asset exchange of controlled substance and pre- commerce, or use of certain fuels and fuel Relief Program. scription information for the purpose of pre- additives, and for other purposes; to the *Richard B. Berner, of Massachusetts, to venting diversion, fraud, and abuse of con- Committee on Environment and Public trolled substances and other prescription be Director, Office of Financial Research, Works. drugs; to the Committee on Health, Edu- Department of the Treasury, for a term of By Mr. INHOFE: cation, Labor, and Pensions. six years. S. 2265. A bill to amend title XVIII of the By Mr. BURR (for himself and Mrs. Social Security Act to cover screening com- *Jeremy C. Stein, of Massachusetts, to be BOXER): puted tomography colonography as a a Member of the Board of Governors of the S. 2255. A bill to amend chapter 1 of title colorectal cancer screening test under the Federal Reserve System for the unexpired 36, United States Code, to add Welcome Medicare program; to the Committee on Fi- term of fourteen years from February 1, 2004. Home Vietnam Veterans Day as a patriotic nance. *Jerome H. Powell, of Maryland, to be a and National observance; to the Committee By Mr. BURR: Member of the Board of Governors of the on the Judiciary. S. 2266. A bill to improve sharing of immi- Federal Reserve System for the unexpired By Mr. REED (for himself and Ms. STA- gration information among Federal, State, term of fourteen years from February 1, 2000. BENOW): and local law enforcement officials, to im- *Jeremiah O’Hear Norton, of Virginia, to S. 2256. A bill to amend the Public Health prove State and local enforcement of immi- be a Member of the Board of Directors of the Service Act to provide grants for commu- gration laws, and for other purposes; to the Federal Deposit Insurance Corporation for nity-based mental health infrastructure im- Committee on the Judiciary. the remainder of the term expiring July 15, provement; to the Committee on Health, By Mrs. GILLIBRAND: 2013. Education, Labor, and Pensions. S. 2267. A bill to reauthorize the Hudson By Mr. LEAHY for the Committee on the By Ms. STABENOW (for herself and Valley National Heritage Area; to the Com- Judiciary. Mr. REED): mittee on Energy and Natural Resources. Gregory K. Davis, of Mississippi, to be S. 2257. A bill to increase access to commu- By Mrs. GILLIBRAND: United States Attorney for the Southern nity behavioral health services for all Amer- S. 2268. A bill to ensure that all items of- District of Mississippi for the term of four icans and to improve Medicaid reimburse- fered for sale in any gift shop of the National years. ment for community behavioral health serv- Park Service or of the National Archives and Richard Gary Taranto, of Maryland, to be ices; to the Committee on Health, Education, Records Administration are produced in the United States Circuit Judge for the Federal Labor, and Pensions. United States, and for other purposes; to the Circuit. By Ms. SNOWE (for herself, Ms. LAN- Committee on Energy and Natural Re- Gershwin A. Drain, of Michigan, to be DRIEU, Mrs. HUTCHISON, Mrs. BOXER, sources. United States District Judge for the Eastern Mr. ALEXANDER, and Mr. CORKER): By Mr. PAUL: District of Michigan. S. 2258. A bill to amend the Internal Rev- S. 2269. A bill to permit voluntary eco- Robin S. Rosenbaum, of Florida, to be enue Code of 1986 to make permanent the nomic activity; to the Committee on the Ju- United States District Judge for the South- rule providing 5-year amortization of ex- diciary. ern District of Florida. penses incurred in creating or acquiring By Mr. HARKIN (for himself, Mr. *Nomination was reported with rec- music or music copyrights; to the Com- FRANKEN, Ms. KLOBUCHAR, and Mr. mittee on Finance. CONRAD): ommendation that it be confirmed sub- By Mr. TESTER (for himself, Mrs. S. 2270. A bill to amend the Farm Security ject to the nominee’s commitment to MURRAY, Mr. BURR, Mr. BEGICH, Mr. and Rural Investment Act of 2002 to improve respond to requests to appear and tes- WEBB, Mr. ISAKSON, Mr. BROWN of energy programs; to the Committee on Agri- tify before any duly constituted com- Massachusetts, Mr. BOOZMAN, Mr. culture, Nutrition, and Forestry. mittee of the Senate. MORAN, Mr. WICKER, Mr. ROCKE- By Mr. FRANKEN (for himself, Ms. (Nominations without an asterisk FELLER, Mr. AKAKA, Mr. BROWN of SNOWE, and Mr. ENZI): S. 2271. A bill to amend the Internal Rev- were reported with the recommenda- Ohio, and Mr. SANDERS): S. 2259. A bill to provide for an increase, ef- enue Code of 1986 to extend the time for tion that they be confirmed.) fective December 1, 2012, in the rates of com- making S corporation elections, and for f pensation for veterans with service-con- other purposes; to the Committee on Fi- nance. INTRODUCTION OF BILLS AND nected disabilities and the rates of depend- ency and indemnity compensation for the By Ms. MURKOWSKI: JOINT RESOLUTIONS survivors of certain disabled veterans, and S. 2272. A bill to designate a mountain in The following bills and joint resolu- for other purposes; to the Committee on Vet- the State of Alaska as Mount Denali; to the tions were introduced, read the first erans’ Affairs. Committee on Energy and Natural Re- and second times by unanimous con- By Mr. HARKIN: sources. S. 2260. A bill to allow taxpayers the oppor- By Ms. MURKOWSKI: sent, and referred as indicated: tunity to specify their choice of Federal S. 2273. A bill to designate the Talkeetna By Ms. STABENOW (for herself, Mr. budget priorities, and for other purposes; to Ranger Station in Talkeetna, Alaska, as the HELLER, Mr. MENENDEZ, Mr. BROWN the Committee on Finance. Walter Harper Talkeetna Ranger Station; to of Ohio, Mr. MERKLEY, and Mr. ISAK- By Mr. CONRAD (for himself, Mr. the Committee on Energy and Natural Re- SON): HOEVEN, and Mr. BAUCUS): sources. S. 2250. A bill to prevent homeowners from S. 2261. A bill to amend the Food, Con- By Mr. ROBERTS (for himself, Ms. being forced to pay taxes on forgiven mort- servation, and Energy Act of 2008 to estab- STABENOW, and Mr. CONRAD):

VerDate Mar 15 2010 05:00 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.020 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2243 S. 2274. A bill to require the Secretary of By Mr. CASEY: NYN) was added as a cosponsor of S. 202, Agriculture to establish a nonprofit corpora- S. Res. 411. A resolution congratulating the a bill to require a full audit of the tion to be known as the Foundation for Food Pennsylvania State University IFC/Pan- Board of Governors of the Federal Re- and Agriculture Research; to the Committee hellenic Dance Marathon on its continued serve System and the Federal reserve on Agriculture, Nutrition, and Forestry. success in support of the Four Diamonds By Mrs. GILLIBRAND: Fund at Penn State Hershey Children’s Hos- banks by the Comptroller General of S. 2275. A bill to amend the Rural Elec- pital; to the Committee on the Judiciary. the United States before the end of trification Act of 1936 to establish a grant By Ms. LANDRIEU (for herself and Mr. 2012, and for other purposes. program within the rural broadband program BROWN of Ohio): S. 362 of the Department of Agriculture, and for S. Res. 412. A resolution commending the At the request of Mr. WHITEHOUSE, other purposes; to the Committee on Agri- African Union for committing to a coordi- the name of the Senator from Mary- culture, Nutrition, and Forestry. nated military response, comprised of 5,000 land (Mr. CARDIN) was added as a co- By Mr. GRASSLEY (for himself, Mr. troops from Uganda, the Central African Re- sponsor of S. 362, a bill to amend the COONS, Mr. COBURN, and Mr. SES- public, the Democratic Republic of Congo, Public Health Service Act to provide SIONS): and South Sudan, in order to fortify ongoing S. 2276. A bill to permit Federal officers to efforts to arrest Joseph Kony and senior for a Pancreatic Cancer Initiative, and remove cases involving crimes of violence to commanders of the Lord’s Resistance Army for other purposes. Federal court; to the Committee on the Judi- and to stop the crimes against humanity and S. 606 ciary. mass atrocities committed by them; to the At the request of Mr. CASEY, the By Mr. THUNE: Committee on Foreign Relations. name of the Senator from New York S. 2277. A bill to respond to the extreme By Mr. CASEY: (Mr. SCHUMER) was added as a cospon- fire hazard and unsafe conditions resulting S. Res. 413. A resolution supporting the from pine beetle infestation, drought, dis- sor of S. 606, a bill to amend the Fed- designation of April 2012 as National Autism eral Food, Drug, and Cosmetic Act to ease, or storm damage by declaring a state of Awareness Month; to the Committee on emergency and directing the Secretary of Health, Education, Labor, and Pensions. improve the priority review voucher in- Agriculture to immediately implement haz- By Mr. BURR (for himself and Mrs. centive program relating to tropical ardous fuels reduction projects in the man- HAGAN): and rare pediatric diseases. ner provided in title I of the Healthy Forests S. Res. 414. A resolution commemorating S. 700 Restoration Act of 2003, and for other pur- the 125th anniversary of the University of poses; to the Committee on Agriculture, Nu- At the request of Mr. KLOBUCHAR, the North Carolina at Pembroke; considered and name of the Senator from South Da- trition, and Forestry. agreed to. kota (Mr. THUNE) was added as a co- By Mr. VITTER: By Mr. WICKER (for himself and Mr. S. 2278. A bill to provide for an exemption sponsor of S. 700, a bill to amend the PRYOR): for community banks to certain escrow re- S. Res. 415. A resolution designating April Internal Revenue Code of 1986 to per- quirements under the Truth in Lending Act, 4, 2012, as ‘‘National Association of Junior manently extend the treatment of cer- and for other purposes; to the Committee on Auxiliaries Day’’; considered and agreed to. tain farming business machinery and Banking, Housing, and Urban Affairs. By Ms. STABENOW (for herself, Mr. equipment as 5–year property for pur- By Mr. KERRY (for himself and Mr. UDALL of Colorado, Mr. JOHANNS, Mr. ISAKSON): poses of depreciation. ISAKSON, Mr. BROWN of Ohio, Ms. S. 2279. A bill to amend the R.M.S. Titanic S. 1131 LANDRIEU, and Mrs. HUTCHISON): Maritime Memorial Act of 1986 to provide ad- At the request of Mrs. HAGAN, the S. Res. 416. A resolution supporting the ditional protection for the R.M.S. Titanic designation of April as Parkinson’s Aware- name of the Senator from New York and its wreck site, and for other purposes; to ness Month; considered and agreed to. (Mr. SCHUMER) was added as a cospon- the Committee on Commerce, Science, and sor of S. 1131, a bill to authorize the Transportation. By Mr. MERKLEY (for himself, Mrs. By Mr. DURBIN (for himself and Mr. FEINSTEIN, Mr. UDALL of New Mexico, Secretary of Health and Human Serv- Mr. AKAKA, Mr. COONS, Mr. TESTER, HARKIN): ices, acting through the Director of the S. 2280. A bill to amend the Truth in Lend- Mr. WYDEN, Mr. BEGICH, Mr. BROWN Centers for Disease Control and Pre- ing Act and the Higher Education Act of 1965 of Ohio, and Mr. JOHNSON of South vention, to establish and implement a to require certain creditors to obtain certifi- Dakota): birth defects prevention, risk reduc- S. Res. 417. A resolution supporting the cations from institutions of higher edu- tion, and public awareness program. cation, and for other purposes; to the Com- goals and ideals of National Public Health S. 1147 mittee on Banking, Housing, and Urban Af- Week; to the Committee on Health, Edu- fairs. cation, Labor, and Pensions. At the request of Mr. BLUMENTHAL, By Mr. WHITEHOUSE: By Mr. TOOMEY (for himself, Mr. VIT- the name of the Senator from New S. 2281. A bill to amend the Federal Food, TER, Mr. LEE, Mr. DEMINT, Mr. York (Mr. SCHUMER) was added as a co- Drug, and Cosmetic Act to strengthen the COBURN, Mr. BURR, Mr. KYL, and Mr. sponsor of S. 1147, a bill to amend the ability of the Food and Drug Administration RISCH): Department of Veterans Affairs Health to seek advice from external experts regard- S. Con. Res. 37. A concurrent resolution Care Programs Enhancement Act of ing rare diseases, the burden of rare diseases, setting forth the congressional budget for the United States Government for fiscal year 2001 and title 38, United States Code, to and the unmet medical needs of individuals require the provision of chiropractic with rare diseases; to the Committee on 2013, and setting forth the appropriate budg- Health, Education, Labor, and Pensions. etary levels for fiscal years 2014 through 2022; care and service to veterans at all De- By Mr. INHOFE (for himself, Mrs. to the Committee on the Budget. partment of Veterans Affairs medical BOXER, Mr. VITTER, Ms. LANDRIEU, By Mr. REID (for himself and Mr. centers and to expand access to such Mr. COCHRAN, Mr. JOHNSON of South MCCONNELL): care and services, and for other pur- Dakota, and Ms. KLOBUCHAR): S. Con. Res. 38. A concurrent resolution poses. providing for a conditional adjournment or S. 2282. A bill to extend the authorization S. 1174 of appropriations to carry out approved wet- recess of the Senate and an adjournment of At the request of Mr. ROBERTS, the lands conservation projects under the North the House of Representatives; considered and American Wetlands Conservation Act agreed to. name of the Senator from Mississippi through fiscal year 2017; to the Committee By Mr. PAUL (for himself, Mr. DEMINT, (Mr. COCHRAN) was added as a cospon- on Environment and Public Works. and Mr. LEE): sor of S. 1174, a bill to provide predict- By Mr. TESTER: S. Con. Res. 39. A concurrent resolution ability and certainty in the tax law, S. 2283. A bill to amend the Robert T. Staf- setting forth the congressional budget for create jobs, and encourage investment. the United States Government for fiscal year ford Disaster Relief and Emergency Assist- S. 1506 ance Act to include procedures for requests 2013, revising the appropriate budgetary lev- els for fiscal year 2012, and setting forth the At the request of Mr. RUBIO, the from Indian tribes for a major disaster or name of the Senator from Idaho (Mr. emergency declaration, and for other pur- appropriate budgetary levels for fiscal years poses; to the Committee on Homeland Secu- 2013 through 2022; to the Committee on the RISCH) was added as a cosponsor of S. rity and Governmental Affairs. Budget. 1506, a bill to prevent the Secretary of f f the Treasury from expanding United States bank reporting requirements SUBMISSION OF CONCURRENT AND ADDITIONAL COSPONSORS ON with respect to interest on deposits SENATE RESOLUTIONS MARCH 28, 2012 paid to nonresident aliens. The following concurrent resolutions S. 202 S. 1670 and Senate resolutions were read, and At the request of Mr. PAUL, the name At the request of Mr. CARDIN, the referred (or acted upon), as indicated: of the Senator from Texas (Mr. COR- name of the Senator from Colorado

VerDate Mar 15 2010 05:00 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.023 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2244 CONGRESSIONAL RECORD — SENATE March 29, 2012 (Mr. UDALL) was added as a cosponsor S. 2160 S. RES. 380 of S. 1670, a bill to eliminate racial At the request of Mr. MORAN, the At the request of Mr. GRAHAM, the profiling by law enforcement, and for names of the Senator from Wyoming names of the Senator from Minnesota other purposes. (Mr. BARRASSO) and the Senator from (Ms. KLOBUCHAR), the Senator from Ha- S. 1880 South Dakota (Mr. THUNE) were added waii (Mr. INOUYE) and the Senator from At the request of Mr. JOHANNS, his as cosponsors of S. 2160, a bill to im- Hawaii (Mr. AKAKA) were added as co- name was added as a cosponsor of S. prove the examination of depository in- sponsors of S. Res. 380, a resolution to 1880, a bill to repeal the health care stitutions, and for other purposes. express the sense of the Senate regard- law’s job-killing health insurance tax. S. 2165 ing the importance of preventing the OXER Government of Iran from acquiring nu- S. 1935 At the request of Mrs. B , the name of the Senator from North Da- clear weapons capability. At the request of Mrs. HAGAN, the name of the Senator from Ohio (Mr. kota (Mr. HOEVEN) was added as a co- AMENDMENT NO. 1952 sponsor of S. 2165, a bill to enhance At the request of Mr. SANDERS, the BROWN) was added as a cosponsor of S. 1935, a bill to require the Secretary of strategic cooperation between the name of the Senator from Arkansas the Treasury to mint coins in recogni- United States and Israel, and for other (Mr. PRYOR) was added as a cosponsor tion and celebration of the 75th anni- purposes. of amendment No. 1952 intended to be versary of the establishment of the S. 2168 proposed to S. 2204, a bill to eliminate March of Dimes Foundation. At the request of Mr. BLUMENTHAL, unnecessary tax subsidies and promote the name of the Senator from Hawaii renewable energy and energy conserva- S. 2066 (Mr. AKAKA) was added as a cosponsor tion. At the request of Ms. MURKOWSKI, the of S. 2168, a bill to amend the National AMENDMENT NO. 1953 name of the Senator from Mississippi Labor Relations Act to modify the defi- At the request of Mr. MENENDEZ, the (Mr. WICKER) was added as a cosponsor nition of supervisor. names of the Senator from Michigan of S. 2066, a bill to recognize the herit- S. 2197 (Ms. STABENOW) and the Senator from age of recreational fishing, hunting, At the request of Ms. MURKOWSKI, the Ohio (Mr. BROWN) were added as co- and shooting on Federal public land name of the Senator from Wyoming sponsors of amendment No. 1953 in- and ensure continued opportunities for (Mr. ENZI) was added as a cosponsor of tended to be proposed to S. 2204, a bill those activities. S. 2197, a bill to require the attorney to eliminate unnecessary tax subsidies S. 2112 for the Government to disclose favor- and promote renewable energy and en- At the request of Mr. BEGICH, the able information to the defendant in ergy conservation. names of the Senator from Connecticut criminal prosecutions brought by the AMENDMENT NO. 1955 (Mr. LIEBERMAN), the Senator from United States, and for other purposes. At the request of Mr. KOHL, the name North Dakota (Mr. HOEVEN), the Sen- S. 2213 of the Senator from Michigan (Ms. ator from Illinois (Mr. DURBIN) and the At the request of Mr. THUNE, the STABENOW) was added as a cosponsor of Senator from Arkansas (Mr. BOOZMAN) name of the Senator from Missouri amendment No. 1955 intended to be pro- were added as cosponsors of S. 2112, a (Mr. BLUNT) was added as a cosponsor posed to S. 2204, a bill to eliminate un- bill to amend title 10, United States of S. 2213, a bill to allow reciprocity for necessary tax subsidies and promote Code, to authorize space-available the carrying of certain concealed fire- renewable energy and energy conserva- travel on military aircraft for members arms. tion. of the reserve components, a member At the request of Mr. JOHANNS, his AMENDMENT NO. 1965 or former member of a reserve compo- name was added as a cosponsor of S. At the request of Mr. VITTER, the nent who is eligible for retired pay but 2213, supra. name of the Senator from Alaska (Ms. for age, widows and widowers of retired S. 2219 MURKOWSKI) was added as a cosponsor members, and dependents. At the request of Mr. WHITEHOUSE, of amendment No. 1965 intended to be S. 2121 the name of the Senator from South proposed to S. 2204, a bill to eliminate At the request of Ms. KLOBUCHAR, the Dakota (Mr. JOHNSON) was added as a unnecessary tax subsidies and promote name of the Senator from Montana cosponsor of S. 2219, a bill to amend the renewable energy and energy conserva- (Mr. BAUCUS) was added as a cosponsor Federal Election Campaign Act of 1971 tion. of S. 2121, a bill to modify the Depart- to provide for additional disclosure re- f ment of Defense Program Guidance re- quirements for corporations, labor or- lating to the award of Post-Deploy- ganizations, Super PACs and other en- ADDITIONAL COSPONSORS ment/Mobilization Respite Absence ad- tities, and for other purposes. S. 57 ministrative absence days to members S. 2221 At the request of Mr. INOUYE, the of the reserve components to exempt At the request of Mr. THUNE, the name of the Senator from Washington any member whose qualified mobiliza- name of the Senator from Minnesota (Mrs. MURRAY) was added as a cospon- tion commenced before October 1, 2011, (Ms. KLOBUCHAR) was added as a co- sor of S. 57, a bill to amend the Inter- and continued on or after that date, sponsor of S. 2221, a bill to prohibit the nal Revenue Code of 1986 to modify the from the changes to the program guid- Secretary of Labor from finalizing a application of the tonnage tax on cer- ance that took effect on that date. proposed rule under the Fair Labor tain vessels. S. 2134 Standards Act of 1938 relating to child S. 260 At the request of Mr. BLUMENTHAL, labor. At the request of Mr. NELSON of Flor- the name of the Senator from North S. 2222 ida, the name of the Senator from New Dakota (Mr. CONRAD) was added as a At the request of Mr. SANDERS, the Mexico (Mr. UDALL) was added as a co- cosponsor of S. 2134, a bill to amend name of the Senator from Arkansas sponsor of S. 260, a bill to amend title title 10, United States Code, to provide (Mr. PRYOR) was added as a cosponsor 10, United States Code, to repeal the for certain requirements relating to of S. 2222, a bill to require the Com- requirement for reduction of survivor the retirement, adoption, care, and rec- modity Futures Trading Commission annuities under the Survivor Benefit ognition of military working dogs, and to take certain actions to reduce exces- Plan by veterans’ dependency and in- for other purposes. sive speculation in energy markets. demnity compensation. S. 2159 S. 2233 S. 543 At the request of Mr. LEAHY, the At the request of Mr. SCHUMER, the At the request of Mr. WYDEN, the name of the Senator from Wisconsin name of the Senator from West Vir- name of the Senator from Arkansas (Mr. KOHL) was added as a cosponsor of ginia (Mr. MANCHIN) was added as a co- (Mr. PRYOR) was added as a cosponsor S. 2159, a bill to extend the authoriza- sponsor of S. 2233, a bill to amend the of S. 543, a bill to restrict any State or tion of the Drug-Free Communities Immigration and Nationality Act to local jurisdiction from imposing a new Support Program through fiscal year stimulate international tourism to the discriminatory tax on cell phone serv- 2017. United States. ices, providers, or property.

VerDate Mar 15 2010 05:00 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.050 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2245 S. 604 (Mr. WICKER) was added as a cosponsor S. 2065 At the request of Mr. WYDEN, the of S. 1718, a bill to amend title XVIII of At the request of Mr. KYL, the name name of the Senator from Hawaii (Mr. the Social Security Act with respect to of the Senator from Ohio (Mr. AKAKA) was added as a cosponsor of S. the application of Medicare secondary PORTMAN) was added as a cosponsor of 604, a bill to amend title XVIII of the payer rules for certain claims. S. 2065, a bill to amend the Balanced Social Security Act to provide for the S. 1737 Budget and Emergency Deficit Control coverage of marriage and family thera- At the request of Mr. BENNET, the Act of 1985 to modify the discretionary pist services and mental health coun- name of the Senator from Colorado spending limits to take into account selor services under part B of the Medi- (Mr. UDALL) was added as a cosponsor savings resulting from the reduction in care program, and for other purposes. of S. 1737, a bill to improve the accu- the number of Federal employees and S. 687 racy of mortgage underwriting used by extending the pay freeze for Federal At the request of Mr. CONRAD, the Federal mortgage agencies by ensuring employees. name of the Senator from New Jersey that energy costs are included in the S. 2072 (Mr. MENENDEZ) was added as a cospon- underwriting process, to reduce the At the request of Mr. FRANKEN, the sor of S. 687, a bill to amend the Inter- amount of energy consumed by homes, name of the Senator from Vermont nal Revenue Code of 1986 to perma- to facilitate the creation of energy effi- (Mr. LEAHY) was added as a cosponsor nently extend the 15-year recovery pe- ciency retrofit and construction jobs, of S. 2072, a bill to discourage disincen- riod for qualified leasehold improve- and for other purposes. tives to the housing missions of gov- ment property, qualified restaurant S. 1832 ernment sponsored enterprises and re- property, and qualified retail improve- quire consistent putback risks at the At the request of Mr. ENZI, the names ment property. enterprises to assist homeowners. of the Senator from Hawaii (Mr. S. 816 S. 2076 INOUYE) and the Senator from West At the request of Mr. BROWN of Ohio, Virginia (Mr. ROCKEFELLER) were added At the request of Mr. FRANKEN, the the name of the Senator from New as cosponsors of S. 1832, a bill to re- name of the Senator from Washington Mexico (Mr. UDALL) was added as a co- store States’ sovereign rights to en- (Ms. CANTWELL) was added as a cospon- sponsor of S. 816, a bill to facilitate na- force State and local sales and use tax sor of S. 2076, a bill to improve security tionwide availability of volunteer in- laws, and for other purposes. at State and local courthouses. come tax assistance for low-income S. 2103 S. 1910 and underserved populations, and for At the request of Mr. LEE, the names other purposes. At the request of Mr. LIEBERMAN, the names of the Senator from Hawaii (Mr. of the Senator from South Carolina S. 1174 (Mr. GRAHAM) and the Senator from AKAKA), the Senator from Connecticut At the request of Mr. ROBERTS, the Idaho (Mr. RISCH) were added as co- (Mr. BLUMENTHAL), the Senator from name of the Senator from Kansas (Mr. sponsors of S. 2103, a bill to amend title California (Mrs. BOXER), the Senator MORAN) was added as a cosponsor of S. 18, United States Code, to protect pain- from Maryland (Mr. CARDIN), the Sen- 1174, a bill to provide predictability and capable unborn children in the District ator from Pennsylvania (Mr. CASEY), certainty in the tax law, create jobs, of Columbia, and for other purposes. the Senator from Illinois (Mr. DURBIN), and encourage investment. the Senator from Minnesota (Mr. S. 2165 S. 1336 FRANKEN), the Senator from New York At the request of Mrs. BOXER, the At the request of Mrs. FEINSTEIN, the (Mrs. GILLIBRAND), the Senator from name of the Senator from Kansas (Mr. name of the Senator from Florida (Mr. Iowa (Mr. HARKIN), the Senator from MORAN) was added as a cosponsor of S. RUBIO) was added as a cosponsor of S. Massachusetts (Mr. KERRY), the Sen- 2165, a bill to enhance strategic co- 1336, a bill to prevent immigration ator from Minnesota (Ms. KLOBUCHAR), operation between the United States fraud and for other purposes. the Senator from New Jersey (Mr. LAU- and Israel, and for other purposes. S. 1421 TENBERG), the Senator from Vermont S. 2169 At the request of Mr. PORTMAN, the (Mr. LEAHY), the Senator from Michi- At the request of Mr. MCCONNELL, name of the Senator from Pennsyl- gan (Mr. LEVIN), the Senator from Or- the name of the Senator from Mis- vania (Mr. CASEY) was added as a co- egon (Mr. MERKLEY), the Senator from sissippi (Mr. WICKER) was added as a sponsor of S. 1421, a bill to authorize Maryland (Ms. MIKULSKI), the Senator cosponsor of S. 2169, a bill to require the Peace Corps Commemorative Foun- from Washington (Mrs. MURRAY), the the Director of the Bureau of Prisons dation to establish a commemorative Senator from Vermont (Mr. SANDERS), to be appointed by and with the advice work in the District of Columbia and the Senator from New Hampshire (Mrs. and consent of the Senate. its environs, and for other purposes. SHAHEEN), the Senator from Rhode Is- S. 2213 S. 1479 land (Mr. WHITEHOUSE) and the Senator At the request of Mr. THUNE, the At the request of Mr. CASEY, the from Washington (Ms. CANTWELL) were name of the Senator from Nevada (Mr. name of the Senator from Florida (Mr. added as cosponsors of S. 1910, a bill to HELLER) was added as a cosponsor of S. NELSON) was added as a cosponsor of S. provide benefits to domestic partners 2213, a bill to allow reciprocity for the 1479, a bill to preserve Medicare bene- of Federal employees. carrying of certain concealed firearms. ficiary choice by restoring and expand- S. 1990 S. 2245 ing Medicare open enrollment and At the request of Mr. LIEBERMAN, the At the request of Mr. BARRASSO, the disenrollment opportunities. names of the Senator from Montana names of the Senator from Utah (Mr. S. 1597 (Mr. BAUCUS) and the Senator from LEE), the Senator from Tennessee (Mr. At the request of Mr. BROWN of Ohio, Virginia (Mr. WEBB) were added as co- CORKER) and the Senator from Texas the name of the Senator from New sponsors of S. 1990, a bill to require the (Mrs. HUTCHISON) were added as cospon- Mexico (Mr. UDALL) was added as a co- Transportation Security Administra- sors of S. 2245, a bill to preserve exist- sponsor of S. 1597, a bill to provide as- tion to comply with the Uniformed ing rights and responsibilities with re- sistance for the modernization, renova- Services Employment and Reemploy- spect to waters of the United States. tion, and repair of elementary school ment Rights Act. S. RES. 356 and secondary school buildings in pub- S. 2062 At the request of Mr. JOHANNS, his lic school districts and community col- At the request of Mr. PAUL, the name name was added as a cosponsor of S. leges across the United States in order of the Senator from Mississippi (Mr. Res. 356, a resolution expressing sup- to support the achievement of im- WICKER) was added as a cosponsor of S. port for the people of Tibet. proved educational outcomes in those 2062, a bill to amend the Lacey Act S. RES. 380 schools, and for other purposes. Amendments of 1981 to repeal certain At the request of Mr. GRAHAM, the S. 1718 provisions relating to criminal pen- name of the Senator from Oklahoma At the request of Mr. WYDEN, the alties and violations of foreign laws, (Mr. COBURN) was added as a cosponsor name of the Senator from Mississippi and for other purposes. of S. Res. 380, a resolution to express

VerDate Mar 15 2010 05:00 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.025 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2246 CONGRESSIONAL RECORD — SENATE March 29, 2012 the sense of the Senate regarding the Senate and received his commission to That is why I am introducing the Fi- importance of preventing the Govern- the Federal bench about a month later. nancial Disclosure to Reduce Tax ment of Iran from acquiring nuclear This made Judge Boochever the first Haven Abuse Act of 2012, to require weapons capability. ever Alaskan to be a judge on the candidates for Federal office and cer- S. RES. 399 Ninth Circuit, a court he would serve tain Federal employees to disclose any At the request of Mr. MENENDEZ, the on for the next thirty years. financial interest they or their spouse name of the Senator from New Jersey Judge Boochever is well known for hold that is held in an offshore tax his commitment to the city and the haven. (Mr. LAUTENBERG) was added as a co- It might seem ridiculous that we sponsor of S. Res. 399, a resolution call- people of Juneau. He lived in Juneau don’t already know whether candidates ing upon the President to ensure that and maintained an office there for and Members of Congress are using off- the foreign policy of the United States most of his life. Even when he moved shore tax havens. However, under cur- reflects appropriate understanding and to California in his later years to fa- rent law, those individuals are not re- sensitivity concerning issues related to cilitate travel and communications, he still maintained his Juneau office and quired to account for where their fi- human rights, crimes against human- returned to it every year with his nancial interests are held. ity, ethnic cleansing, and genocide doc- clerks. A January 26, 2012, article in the Los umented in the United States record In addition to his impressive record Angeles Times reported that Mitt relating to the Armenian Genocide, of accomplishments and his years of Romney—a candidate for the Repub- and for other purposes. public service, Judge Boochever was lican nomination for President—failed S. RES. 402 known for his love and commitment for to disclose a number of accounts in At the request of Mr. COONS, the the law. He is well known as a tireless countries with very low tax burdens. name of the Senator from Alabama advocate for the rights of the disadvan- Specifically, according to a review of (Mr. SESSIONS) was added as a cospon- taged and for his strong commitment the candidate’s tax returns and finan- sor of S. Res. 402, a resolution con- to protecting individual freedoms and cial disclosure statements: demning Joseph Kony and the Lord’s First Amendment rights. At least 23 funds and partnerships listed in Resistance Army for committing Naming the Juneau Federal court- the couple’s 2010 tax returns did not show up crimes against humanity and mass house facility in Judge Boochever’s or were not listed in the same fashion on Romney’s most recent financial disclosure, atrocities, and supporting ongoing ef- honor is broadly supported by Alaskans including 11 based in low-tax foreign coun- forts by the United States Government and so appropriate because he kept his tries such as Bermuda, the Cayman Islands and governments in central Africa to chambers there for many years. In fact, and Luxembourg. remove Joseph Kony and Lord’s Resist- this effort has the support of the Ju- The Romney campaign called the dis- ance Army commanders from the bat- neau Bar Association, the Alaska Bar crepancies ‘‘trivial.’’ tlefield. Association’s Historians Committee, But this information is not trivial to f the Mayor of Juneau, and many of its the American people’s trust in govern- residents. ment, and the use of offshore tax ha- STATEMENTS ON INTRODUCED For all these reasons, today I am vens is not trivial to our economy. BILLS AND JOINT RESOLUTIONS proud to introduce this legislation to Studies have found that tax offshore By Mr. BEGICH (for himself and designate the United States Court- tax havens, and other similar loop- Ms. MURKOWSKI): house in Juneau as the Robert holes, cost taxpayers $100 billion per S. 2251. A bill to designate the United Boochever United States Courthouse. year. States courthouse located at 709 West He was a great man and this is a fine I want to commend Senators LEVIN 9th Street, Juneau, Alaska, as the Rob- way to remember all he did for my and CONRAD for the work they have ert Boochever United States Court- State. done to shine a light on these nefarious house; to the Committee on Environ- Mr. President, I ask unanimous con- practices. ment and Public Works. sent the text of the bill be printed in Those two Senators successfully in- the RECORD. Mr. BEGICH. Mr. President, I come cluded a provision in the Senate Trans- There being no objection, the text of to the floor today to introduce a piece portation bill that will give the Treas- the bill was ordered to be printed in of legislation honoring a great Alas- ury Department greater tools to crack the RECORD, as follows: kan. Robert Boochever was a giant of down on offshore tax haven abuse. It is S. 2251 an important step forward, but more my state’s judicial community for over Be it enacted by the Senate and House of must be done. 60 years—even longer than Alaska has Representatives of the United States of America The American people are rightly con- been a State. This legislation, naming in Congress assembled, cerned that the wealthy and well-con- the Juneau Federal courthouse facility SECTION 1. ROBERT BOOCHEVER UNITED nected are skirting our laws to avoid in Judge Boochever’s honor, is a fitting STATES COURTHOUSE. taxation, and they deserve to know tribute to his legacy. (a) DESIGNATION.—The United States court- house located at 709 West 9th Street, Juneau, that the people who hope to represent Robert Boochever first came to Alas- them in Washington—and those who ka in the 1946, after having fought in Alaska, shall be known and designated as the ‘‘Robert Boochever United States Court- are trying to attain those positions— World War II as a Captain in the U.S. house’’. aren’t cheating the system. Army. In territorial Alaska, he was an (b) REFERENCES.—Any reference in a law, Nothing in this bill impinges on an Assistant U.S. Attorney for two years, map, regulation, document, paper, or other individual’s right to hold financial in- before joining a private practice in Ju- record of the United States to the United terests within the global economy. If neau for almost 25 years, and was be- States courthouse referred to in subsection there is a legitimate reason for a can- (a) shall be deemed to be a reference to the fore long, one of the most respected didate or a Member of Congress or any lawyers in the state. He served as ‘‘Robert Boochever United States Court- house’’. other individual who files a financial President of the Juneau Bar Associa- disclosure to hold their money in an tion and the Alaska Bar Association. By Mr. DURBIN (for himself and account on the Cayman Islands, they In 1972, Governor Egan tapped Mr. FRANKEN): should have no problem explaining it Boochever to serve as an Associate S. 2253. A bill to require individuals to voters. But any individual who has Justice on the Alaska Supreme Court. who file under the Ethics in Govern- or wants to have the public’s trust He served on the court for eight years, ment Act of 1978 to disclose any finan- should be honest about practices they three of which he had the honor of cial accounts that are or have been de- have engaged in that cost the tax- being the fourth ever Chief Justice of posited in a country that is a tax payers they wish to represent billions the Alaska Supreme Court. haven; to the Committee on Homeland of dollars every year. This is an impor- President Jimmy Carter nominated Security and Governmental Affairs. tant step that we must take to restore Judge Boochever to be a Judge of the Mr. DURBIN. Mr. President, the old the public trust. United States Circuit Court of Appeals adage that sunlight is the best dis- Mr. President, I ask unanimous con- for the Ninth Circuit on May 22, 1980. infectant is an old adage for one main sent that the text of the bill be printed He was quickly confirmed by the U.S. reason: It is true. in the RECORD.

VerDate Mar 15 2010 05:00 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.026 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2247 There being no objection, the text of ing. Others need more space to be able ment of the plan and that will implement the bill was ordered to be printed in to meet current demand and prepare and monitor any grant awarded to the eligi- the RECORD as follows: for the expected increase in patients in ble entity under this section; 2014. These needs are true of commu- ‘‘(D) in the case of an eligible entity that S. 2253 is a State, includes a copy of the State plan Be it enacted by the Senate and House of nity mental health centers across the under section 1912(b) and section 1932(b); Representatives of the United States of America country. The Community-Based Mental ‘‘(E)(i) includes a listing of the projects to in Congress assembled, Health Infrastructure Improvements be funded by the grant; and SECTION 1. SHORT TITLE. Act would help ensure that Community ‘‘(ii) in the case of an eligible entity that This Act may be cited as the ‘‘Financial Mental Health Centers have the re- is a State, explains how each listed project Disclosure to Reduce Tax Haven Abuse Act sources to construct and modernize helps the State in accomplishing its goals of 2012’’. these mental and behavioral health fa- and objectives under the Community Mental SEC. 2. DISCLOSURE OF ACCOUNTS HELD IN TAX cilities. Health Services Block Grant under subpart I HAVENS. of part B of title XIX and the Substance I am pleased that this legislation has Abuse Prevention and Treatment Block Section 102(b)(1) of the Ethics in Govern- been included in a broader mental ment Act of 1978 (5 U.S.C. App.) is amended— Grant under subpart II of such part; (1) in subparagraph (A), by inserting ‘‘, health care bill, the Excellence in Men- ‘‘(F) includes assurances that the facilities with a specific accounting of any financial tal Health Act, that I joined Senator will be used for a period of not less than 10 interest held by the covered individual or STABENOW in introducing today. I look years for the provision of community-based their spouse in a country that is considered forward to working with my colleagues mental health or substance abuse services as a tax haven as listed by the Secretary of to improve our mental and behavioral for those who cannot pay for such services, the Treasury and made available to the health care delivery system, and urge subject to subsection (e); and filer’’ after ‘‘calendar year’’; and ‘‘(G) in the case of a facility that is not a my colleagues to support these impor- public facility, includes the name and execu- (2) inserting at the end the following: tant bills. ‘‘In compiling the list of tax havens under tive director of the entity who will provide subparagraph (A), the Secretary of the Mr. President, I ask unanimous con- services in the facility; and Treasury should consider for inclusion those sent that the text of the bill be printed ‘‘(2) with respect to each construction or jurisdictions which have been previously and in the RECORD. modernization project described in the appli- publicly identified by the Internal Revenue There being no objection, the text of cation— Service as secrecy jurisdictions in Federal the bill was ordered to be printed in ‘‘(A) a description of the site for the court proceedings.’’. the RECORD, as follows: project; ‘‘(B) plans and specifications for the S. 2256 By Mr. REED (for himself and project and State or tribal approval for the Be it enacted by the Senate and House of Rep- plans and specifications; Ms. STABENOW): resentatives of the United States of America in S. 2256. A bill to amend the Public ‘‘(C) assurance that the title for the site is Congress assembled, or will be vested with either the public enti- Health Service Act to provide grants SECTION 1. SHORT TITLE. ty or private nonprofit entity who will pro- for community-based mental health in- This Act may be cited as the ‘‘Community- vide the services in the facility; frastructure improvement; to the Com- Based Mental Health Infrastructure Im- ‘‘(D) assurance that adequate financial re- mittee on Health, Education, Labor, provements Act’’. sources will be available for the construction and Pensions. SEC. 2. COMMUNITY-BASED MENTAL HEALTH IN- or major rehabilitation of the project and for Mr. REED. Mr. President, today I in- FRASTRUCTURE IMPROVEMENT. the maintenance and operation of the facil- troduce, along with my colleague, Sen- Title V of the Public Health Service Act ity; (42 U.S.C. 280g et seq.) is amended by adding ‘‘(E) estimates of the cost of the project; ator STABENOW, the Community-Based at the end the following: and Mental Health Infrastructure Improve- ‘‘(F) the estimated length of time for com- ments Act. ‘‘PART H—COMMUNITY-BASED MENTAL HEALTH INFRASTRUCTURE IMPROVE- pletion of the project. According to the Mental Health As- MENTS ‘‘(d) SUBGRANTS BY STATES.— sociation of Rhode Island, 38,000 adults ‘‘SEC. 560. GRANTS FOR COMMUNITY-BASED MEN- ‘‘(1) IN GENERAL.—A State that receives a and 11,000 children in the state have a TAL HEALTH INFRASTRUCTURE IM- grant under this section may award a serious mental illness, and approxi- PROVEMENTS. subgrant to a qualified community program mately 15 percent of Rhode Island ‘‘(a) GRANTS AUTHORIZED.—The Secretary (as such term is used in section 1913(b)(1)). adults report suffering from serious may award grants to eligible entities to ex- ‘‘(2) USE OF FUNDS.—Subgrants awarded psychological distress every year. Un- pend funds for the construction or mod- pursuant to paragraph (1) may be used for fortunately, mental illness is often ernization of facilities used to provide men- activities such as— tal health and substance abuse services to linked to poor physical health—obe- ‘‘(A) the construction, expansion, and mod- individuals. ernization of facilities used to provide men- sity, high blood pressure, and high cho- ‘‘(b) ELIGIBLE ENTITY.—In this section, the tal health and substance abuse services to lesterol. term ‘eligible entity’ means— individuals; Community mental health centers ‘‘(1) a State that is the recipient of a Com- ‘‘(B) acquiring and leasing facilities and help these individuals get the mental munity Mental Health Services Block Grant equipment (including paying the costs of am- and behavioral health care that they under subpart I of part B of title XIX and a ortizing the principal of, and paying the in- need to lead healthier, more productive Substance Abuse Prevention and Treatment terest on, loans for such facilities and equip- lives through no or low-cost treat- Block Grant under subpart II of such part; or ment) to support or further the operation of ‘‘(2) an Indian tribe or a tribal organization ments. This cost structure has been the subgrantee; (as such terms are defined in sections 4(b) ‘‘(C) the construction and structural modi- particularly critical throughout the re- and 4(c) of the Indian Self-Determination fication (including equipment acquisition) of cent recession and as our economy con- and Education Assistance Act). facilities to permit the integrated delivery of tinues to recover. Individuals and fami- ‘‘(c) APPLICATION.—A eligible entity desir- behavioral health and primary care of spe- lies didn’t have to forgo health care be- ing a grant under this section shall submit cialty medical services to individuals with cause they lost their job or health in- to the Secretary an application at such time, co-occurring mental illnesses and chronic surance. The proof is in the numbers. in such manner, and containing— medical or surgical diseases at a single serv- In just the last 6 months of 2010, Com- ‘‘(1) a plan for the construction or mod- ice site; and ernization of facilities used to provide men- munity Mental Health Centers in ‘‘(D) acquiring information technology re- tal health and substance abuse services to quired to accommodate the clinical needs of Rhode Island treated nearly 30,000 indi- individuals that— primary and specialty care professionals. viduals. The demand for care will only ‘‘(A) designates a single State or tribal ‘‘(3) LIMITATION.—Not to exceed 15 percent grow as more Americans gain access to agency as the sole agency for the supervision of grant funds may be used for activities de- comprehensive, affordable health in- and administration of the grant; scribed in paragraph (2)(D). ‘‘(B) contains satisfactory evidence that surance in 2014. ‘‘(e) REQUEST TO TRANSFER OBLIGATION.— such agency so designated will have the au- It is critical that Community Mental An eligible entity that receives a grant Health Centers have the infrastructure thority to carry out the plan; ‘‘(C) provides for the designation of an ad- under this section may submit a request to necessary to treat every individual who visory council, which shall include rep- the Secretary for permission to transfer the needs care. In Rhode Island, some of resentatives of nongovernmental organiza- 10-year obligation of facility use, as de- the community mental health centers tions or groups, and of the relevant State or scribed in subsection (c)(1)(F), to another fa- are in older buildings that need updat- tribal agencies, that aided in the develop- cility.

VerDate Mar 15 2010 05:00 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.034 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2248 CONGRESSIONAL RECORD — SENATE March 29, 2012 ‘‘(f) AGREEMENT TO FEDERAL SHARE.—As a There being no objection, the text of ‘‘(ii) Person-centered treatment planning condition of receipt of a grant under this sec- the bill was ordered to be printed in or similar processes, including risk assess- tion, an eligible entity shall agree, with re- the RECORD as follows: ment and crisis planning. spect to the costs to be incurred by the enti- ‘‘(iii) Outpatient mental health and sub- ty in carrying out the activities for which S. 2257 stance use services, including screening, as- such grant is awarded, that the entity will Be it enacted by the Senate and House of Rep- sessment, diagnosis, psychotherapy, medica- make available non-Federal contributions resentatives of the United States of America in tion management, and integrated treatment (which may include State or local funds, or Congress assembled, for mental illness and substance abuse which funds from the qualified community pro- SECTION 1. SHORT TITLE. shall be evidence-based (including cognitive gram) in an amount equal to not less than $1 This Act may be cited as the ‘‘Excellence behavioral therapy and other such therapies for every $1 of Federal funds provided under in Mental Health Act’’. which are evidence-based). the grant. SEC. 2. ESTABLISHING COMMUNITY BEHAVIORAL ‘‘(iv) Outpatient clinic primary care ‘‘(g) REPORTING.— HEALTH CENTERS. screening and monitoring of key health indi- ‘‘(1) REPORTING BY STATES.—During the 10- Section 1913 of the Public Health Service cators and health risk (including screening year period referred to in subsection Act (42 U.S.C. 300x–2) is amended— for diabetes, hypertension, and cardio- (c)(1)(F), the Secretary shall require that a (1) in subsection (a)(2)(A), by striking vascular disease and monitoring of weight, State that receives a grant under this sec- ‘‘community mental health services’’ and in- height, body mass index (BMI), blood pres- tion submit, as part of the report of the serting ‘‘behavioral health services (of the sure, blood glucose or HbA1C, and lipid pro- State required under the Community Mental type offered by federally-qualified commu- file). Health Services Block Grant under subpart I nity behavioral health centers consistent ‘‘(v) Crisis mental health services, includ- of part B of title XIX and the Substance with subsection (c)(3))’’; ing 24-hour mobile crisis teams, emergency Abuse Prevention and Treatment Block (2) in subsection (b)— crisis intervention services, and crisis sta- Grant under subpart II of such part, a de- (A) by striking paragraph (1) and inserting bilization. scription of the progress on— the following: ‘‘(vi) Targeted case management (services ‘‘(A) the projects carried out pursuant to ‘‘(1) services under the plan will be pro- to assist individuals gaining access to needed the grant under this section; and vided only through appropriate, qualified medical, social, educational, and other serv- ‘‘(B) the assurances that the facilities in- community programs (which may include ices and applying for income security and volved continue to be used for the purpose federally-qualified community behavioral other benefits to which they may be enti- for which they were funded under such grant health centers, child mental health pro- tled). during such 10-year period. grams, psychosocial rehabilitation pro- ‘‘(vii) Psychiatric rehabilitation services ‘‘(2) REPORTING BY INDIAN TRIBES AND TRIB- grams, mental health peer-support programs, including skills training, assertive commu- AL ORGANIZATIONS.—The Secretary shall es- outpatient addiction treatment programs, nity treatment, family psychoeducation, dis- tablish reporting requirements for Indian acute detoxification services, and mental ability self-management, supported employ- tribes and tribal organizations that receive a health primary consumer-directed pro- ment, supported housing services, thera- grant under this section. Such reporting re- grams); and’’; and peutic foster care services, and such other quirements shall include that such Indian (B) in paragraph (2), by striking ‘‘commu- evidence-based practices as the Secretary tribe or tribal organization provide a de- nity mental health centers’’ and inserting may require. scription of the progress on— ‘‘federally-qualified community behavioral ‘‘(viii) Peer support and counselor services ‘‘(A) the projects carried out pursuant to health centers’’; and and family supports. the grant under this section; and (3) by striking subsection (c) and inserting ‘‘(G) Maintain linkages, and where possible ‘‘(B) the assurances that the facilities in- the following: enter into formal contracts with the fol- volved continue to be used for the purpose ‘‘(c) CRITERIA FOR FEDERALLY-QUALIFIED lowing: for which they were funded under such grant COMMUNITY BEHAVIORAL HEALTH CENTERS.— ‘‘(i) Federally qualified health centers. during the 10-year period referred to in sub- ‘‘(1) IN GENERAL.—The Administrator shall ‘‘(ii) Inpatient psychiatric facilities and section (c)(1)(F). certify, and recertify at least every 5 years, substance use detoxification, post-detoxifica- ‘‘(h) FAILURE TO MEET OBLIGATIONS.— federally-qualified community behavioral tion step-down services, and residential pro- ‘‘(1) IN GENERAL.—If an eligible entity that health centers as meeting the criteria speci- grams. receives a grant under this section fails to fied in this subsection. ‘‘(iii) Adult and youth peer support and meet any of the obligations of the entity re- ‘‘(2) REGULATIONS.—Not later than 18 counselor services. quired under this section, the Secretary months after the date of the enactment of ‘‘(iv) Family support services for families shall take appropriate steps, which may in- the Excellence in Mental Health Act, the Ad- of children with serious mental or substance clude— ministrator, in consultation with State Men- use disorders. ‘‘(A) requiring that the entity return the tal Health and Substance Abuse Authorities, ‘‘(v) Other community or regional services, unused portion of the funds awarded under shall issue final regulations for certifying supports, and providers, including schools, this section for the projects that are incom- non-profit or local government centers as child welfare agencies, juvenile and criminal plete; and centers under paragraph (1). justice agencies and facilities, housing agen- ‘‘(B) extending the length of time that the ‘‘(3) CRITERIA.—The criteria referred to in cies and programs, employers, and other so- entity must ensure that the facility involved subsection (b)(2) are that the center performs cial services. is used for the purposes for which it is in- each of the following: ‘‘(vi) Onsite or offsite access to primary tended, as described in subsection (c)(1)(F). ‘‘(A) Provide services in locations that en- care services. ‘‘(2) HEARING.—Prior to requesting the re- sure services will be available and accessible ‘‘(vii) Enabling services, including out- turn of the funds under paragraph (1)(B), the promptly and in a manner which preserves reach, transportation, and translation. Secretary shall provide the entity notice and human dignity and assures continuity of ‘‘(viii) Health and wellness services, in- opportunity for a hearing. care. cluding services for tobacco cessation. ‘‘(i) COLLABORATION.—The Secretary may ‘‘(B) Provide services in a mode of service ‘‘(4) RULE OF CONSTRUCTION.—Nothing in establish intergovernmental and inter- delivery appropriate for the target popu- paragraph (1) shall be construed as prohib- departmental memorandums of agreement as lation. iting States receiving funds appropriated necessary to carry out this section. ‘‘(C) Provide individuals with a choice of through the Community Mental Health Serv- ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— service options where there is more than one ices Block Grant under subpart I of part B of There is authorized to be appropriated to efficacious treatment. this title from financing qualified commu- carry out this section such sums as may be ‘‘(D) Employ a core staff of clinical staff nity programs (whether such programs meet necessary for each of fiscal years 2013 that is multidisciplinary and culturally and the definition of eligible programs prior to through 2017.’’. linguistically competent. or after the date of enactment of this sub- ‘‘(E) Provide services, within the limits of section). By Ms. STABENOW (for herself the capacities of the center, to any indi- ‘‘(5) LIMITATION.—With respect to feder- and Mr. REED): vidual residing or employed in the service ally-qualified behavioral health centers au- S. 2257. A bill to increase access to area of the center, regardless of the ability thorized under this subsection, 20 percent of community behavioral health services of the individual to pay. the total number of such centers shall be- for all Americans and to improve Med- ‘‘(F) Provide, directly or through contract, come newly eligible to receive reimburse- icaid reimbursement for community to the extent covered for adults in the State ment under this section in each of the first behavioral health services; to the Com- Medicaid plan under title XIX of the Social 5 years after the initial year of eligibility mittee on Health, Education, Labor, Security Act and for children in accordance through fiscal year 2022. In implementing with section 1905(r) of such Act regarding this paragraph, the Secretary shall ensure and Pensions. early and periodic screening, diagnosis, and geographic diversity of such sites, take into Ms. STABENOW. Mr. President, I ask treatment, each of the following services: account the ability of such sites to provide unanimous consent that the text of the ‘‘(i) Screening, assessment, and diagnosis, required services, and the ability of such bill be printed in the RECORD. including risk assessment. sites to report required data.’’.

VerDate Mar 15 2010 05:00 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.032 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2249

SEC. 3. MEDICAID COVERAGE AND PAYMENT FOR (c) DEFINITION OF FEDERALLY-QUALIFIED tive director of the entity who will provide COMMUNITY BEHAVIORAL HEALTH COMMUNITY BEHAVIORAL HEALTH CENTER services in the facility; and CENTER SERVICES. SERVICES.—Section 1905(l) of the Social Secu- ‘‘(2) with respect to each construction or (a) PAYMENT FOR SERVICES PROVIDED BY rity Act (42 U.S.C. 1396d(l)) is amended by modernization project described in the appli- FEDERALLY-QUALIFIED COMMUNITY BEHAV- adding at the end the following paragraph: cation— IORAL HEALTH CENTERS.—Section 1902(bb) of ‘‘(4)(A) The term ‘community behavioral ‘‘(A) a description of the site for the the Social Security Act (42 U.S.C. 1396a(bb)) health center services’ means services fur- project; is amended— nished to an individual at a federally-quali- ‘‘(B) plans and specifications for the (1) in the heading, by striking ‘‘AND RURAL fied community behavioral health center (as project and State or tribal approval for the HEALTH CLINICS’’ and inserting ‘‘, FEDER- defined by subparagraph (B)). plans and specifications; ALLY-QUALIFIED COMMUNITY BEHAVIORAL ‘‘(B) The term ‘federally qualified commu- ‘‘(C) assurance that the title for the site is HEALTH CENTERS, AND RURAL HEALTH CLIN- nity behavioral health center’ means an en- or will be vested with either the public enti- ICS’’; tity that is certified under section 1913(c) of ty or private nonprofit entity who will pro- (2) in paragraph (1), by inserting ‘‘(and be- the Public Health Service Act as meeting the vide the services in the facility; ginning with fiscal year 2013 with respect to criteria described in paragraph (3) of such ‘‘(D) assurance that adequate financial re- services furnished on or after January 1, 2013, section.’’. sources will be available for the construction and each succeeding fiscal year, for services or major rehabilitation of the project and for described in section 1905(a)(2)(D) furnished SEC. 4. COMMUNITY-BASED MENTAL HEALTH IN- FRASTRUCTURE IMPROVEMENT. the maintenance and operation of the facil- by a federally-qualified community behav- ity; ioral health center)’’ after ‘‘by a rural health Title V of the Public Health Service Act ‘‘(E) estimates of the cost of the project; clinic’’; (42 U.S.C. 280g et seq.) is amended by adding and (3) in paragraph (2)— at the end the following: ‘‘(F) the estimated length of time for com- (A) by striking the heading and inserting ‘‘PART H—COMMUNITY-BASED MENTAL pletion of the project. ‘‘INITIAL FISCAL YEAR’’; HEALTH INFRASTRUCTURE IMPROVE- ‘‘(d) SUBGRANTS BY STATES.— (B) by inserting ‘‘(or, in the case of serv- MENTS ‘‘(1) IN GENERAL.—A State that receives a ices described in section 1905(a)(2)(D) fur- ‘‘SEC. 560. GRANTS FOR COMMUNITY-BASED MEN- grant under this section may award a nished by a federally-qualified community TAL HEALTH INFRASTRUCTURE IM- subgrant to a qualified community program behavioral health center, for services fur- PROVEMENTS. (as such term is used in section 1913(b)(1)). nished on and after January 1, 2013, during ‘‘(a) GRANTS AUTHORIZED.—The Secretary ‘‘(2) USE OF FUNDS.—Subgrants awarded fiscal year 2013)’’ after ‘‘January 1, 2001, dur- may award grants to eligible entities to ex- pursuant to paragraph (1) may be used for ing fiscal year 2001’’; pend funds for the construction or mod- activities such as— (C) by inserting ‘‘(or, in the case of services ernization of facilities used to provide men- ‘‘(A) the construction, expansion, and mod- described in section 1905(a)(2)(D) furnished tal health and substance abuse services to ernization of facilities used to provide men- by a federally-qualified community behav- individuals. tal health and substance abuse services to ioral health center, during fiscal years 2010 ‘‘(b) ELIGIBLE ENTITY.—In this section, the individuals; and 2011)’’ after ‘‘1999 and 2000’’; and term ‘eligible entity’ means— ‘‘(B) acquiring and leasing facilities and (D) by inserting ‘‘(or, in the case of serv- ‘‘(1) a State that is the recipient of a Com- equipment (including paying the costs of am- ices described in section 1905(a)(2)(D) fur- munity Mental Health Services Block Grant ortizing the principal of, and paying the in- nished by a federally-qualified community under subpart I of part B of title XIX and a terest on, loans for such facilities and equip- behavioral health center, during fiscal year Substance Abuse Prevention and Treatment ment) to support or further the operation of 2013)’’ before the period; Block Grant under subpart II of such part; or the subgrantee; (4) in paragraph (3)— ‘‘(2) an Indian tribe or a tribal organization ‘‘(C) the construction and structural modi- (A) in the heading, by striking ‘‘FISCAL (as such terms are defined in sections 4(b) fication (including equipment acquisition) of YEAR 2002 AND SUCCEEDING’’ and inserting and 4(c) of the Indian Self-Determination facilities to permit the integrated delivery of ‘‘SUCCEEDING’’; and and Education Assistance Act). behavioral health and primary care of spe- (B) by inserting ‘‘(or, in the case of serv- ‘‘(c) APPLICATION.—A eligible entity desir- cialty medical services to individuals with ices described in section 1905(a)(2)(D) fur- ing a grant under this section shall submit co-occurring mental illnesses and chronic nished by a federally-qualified community to the Secretary an application at such time, medical or surgical diseases at a single serv- behavioral health center, for services fur- in such manner, and containing— ice site; and nished during fiscal year 2013 or a succeeding ‘‘(1) a plan for the construction or mod- ‘‘(D) acquiring information technology re- fiscal year)’’ after ‘‘2002 or a succeeding fis- ernization of facilities used to provide men- quired to accommodate the clinical needs of cal year’’; tal health and substance abuse services to primary and specialty care professionals. (5) in paragraph (4)— individuals that— ‘‘(3) LIMITATION.—Not to exceed 15 percent (A) by inserting ‘‘(or as a federally-quali- ‘‘(A) designates a single State or tribal of grant funds may be used for activities de- fied community behavioral health center agency as the sole agency for the supervision and administration of the grant; scribed in paragraph (2)(D). after fiscal year 2011)’’ after ‘‘or rural health ‘‘(e) REQUEST TO TRANSFER OBLIGATION.— ‘‘(B) contains satisfactory evidence that clinic after fiscal year 2000’’; An eligible entity that receives a grant such agency so designated will have the au- (B) by striking ‘‘furnished by the center under this section may submit a request to thority to carry out the plan; or’’ and inserting ‘‘furnished by the federally the Secretary for permission to transfer the ‘‘(C) provides for the designation of an ad- qualified health center, services described in 10-year obligation of facility use, as de- section 1905(a)(2)(D) furnished by the feder- visory council, which shall include rep- scribed in subsection (c)(1)(F), to another fa- ally-qualified community behavioral health resentatives of nongovernmental organiza- cility. center, or’’; tions or groups, and of the relevant State or ‘‘(f) AGREEMENT TO FEDERAL SHARE.—As a (C) in the second sentence, by striking ‘‘or tribal agencies, that aided in the develop- condition of receipt of a grant under this sec- rural health clinic’’ and inserting ‘‘, feder- ment of the plan and that will implement tion, an eligible entity shall agree, with re- ally-qualified community behavioral health and monitor any grant awarded to the eligi- spect to the costs to be incurred by the enti- center, or rural health clinic’’; ble entity under this section; ty in carrying out the activities for which (6) in paragraph (5), in each of subpara- ‘‘(D) in the case of an eligible entity that such grant is awarded, that the entity will graphs (A) and (B), by striking ‘‘or rural is a State, includes a copy of the State plan make available non-Federal contributions health clinic’’ and inserting ‘‘, federally- under section 1912(b) and section 1932(b); (which may include State or local funds, or qualified community behavioral health cen- ‘‘(E)(i) includes a listing of the projects to funds from the qualified community pro- ter, or rural health clinic’’; and be funded by the grant; and gram) in an amount equal to not less than $1 (7) in paragraph (6), by striking ‘‘or to a ‘‘(ii) in the case of an eligible entity that for every $1 of Federal funds provided under rural health clinic’’ and inserting ‘‘, to a fed- is a State, explains how each listed project the grant. erally-qualified community behavioral helps the State in accomplishing its goals ‘‘(g) REPORTING.— health center for services described in sec- and objectives under the Community Mental ‘‘(1) REPORTING BY STATES.—During the 10- tion 1905(a)(2)(D), or to a rural health clin- Health Services Block Grant under subpart I year period referred to in subsection ic’’. of part B of title XIX and the Substance (c)(1)(F), the Secretary shall require that a (b) INCLUSION OF COMMUNITY BEHAVIORAL Abuse Prevention and Treatment Block State that receives a grant under this sec- HEALTH CENTER SERVICES IN THE TERM MED- Grant under subpart II of such part; tion submit, as part of the report of the ICAL ASSISTANCE.—Section 1905(a)(2) of the ‘‘(F) includes assurances that the facilities State required under the Community Mental Social Security Act (42 U.S.C. 1396d(a)(2)) is will be used for a period of not less than 10 Health Services Block Grant under subpart I amended— years for the provision of community-based of part B of title XIX and the Substance (1) by striking ‘‘and’’ before ‘‘(C)’’; and mental health or substance abuse services Abuse Prevention and Treatment Block (2) by inserting before the semicolon at the for those who cannot pay for such services, Grant under subpart II of such part, a de- end the following: ‘‘, and (D) federally-quali- subject to subsection (e); and scription of the progress on— fied community behavioral health center ‘‘(G) in the case of a facility that is not a ‘‘(A) the projects carried out pursuant to services (as defined in subsection (l)(4))’’. public facility, includes the name and execu- the grant under this section; and

VerDate Mar 15 2010 05:00 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.035 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2250 CONGRESSIONAL RECORD — SENATE March 29, 2012 ‘‘(B) the assurances that the facilities in- lieve we need to do to truly have an en- Canada and the United States over the volved continue to be used for the purpose ergy security plan for our country. next 15 years. for which they were funded under such grant I wish to take a few minutes to talk The key is this: We have to imple- during such 10-year period. about the Domestic Fuels Act. We are ment the kind of energy policy that ‘‘(2) REPORTING BY INDIAN TRIBES AND TRIB- going to start with a quick review of will help us produce more energy, oil AL ORGANIZATIONS.—The Secretary shall es- tablish reporting requirements for Indian gas prices. As we all very well know, and gas, and from all sources, tradi- tribes and tribal organizations that receive a gas prices are high, and they continue tional and renewable. That is what we grant under this section. Such reporting re- to go higher. AAA indicated this week are talking about with this Domestic quirements shall include that such Indian the national average for a gallon of Fuels Act. tribe or tribal organization provide a de- gasoline is $3.91 a gallon. Gasoline The third bar on this chart shows scription of the progress on— prices, over the last 3 years of the cur- that just from oil and gas, with the ‘‘(A) the projects carried out pursuant to rent administration, have more than right kinds of policies over the next 15 the grant under this section; and doubled from about roughly $1.87 to the years—this is a 15-year timeframe—we ‘‘(B) the assurances that the facilities in- volved continue to be used for the purpose national average today of more than can produce more oil and gas in Canada for which they were funded under such grant $3.90. I believe there are nine States and the United States than we con- during the 10-year period referred to in sub- right now where, on average, gas is sume. So before we bring in other types section (c)(1)(F). more than $4 a gallon. In Chicago, for of energy—biofuels and any other ‘‘(h) FAILURE TO MEET OBLIGATIONS.— example, I believe it is about $4.68. types, any renewable energy we want ‘‘(1) IN GENERAL.—If an eligible entity that Over here, a few blocks from the Cap- to include, just from oil and gas, with receives a grant under this section fails to itol, I checked not too long ago and it the right kinds of policies in Canada meet any of the obligations of the entity re- quired under this section, the Secretary was $4.39 a gallon. and the United States, over the next 15 shall take appropriate steps, which may in- This puts enormous pressure and years we can produce more energy than clude— strain on American consumers, hard- we consume. ‘‘(A) requiring that the entity return the working Americans, every day, when Think what that means in terms of unused portion of the funds awarded under they are being forced to fill their car at helping bring down the price of gaso- this section for the projects that are incom- the gas pump and spend close to $4 per line and in terms of creating jobs in plete; and gallon. Some predictions are that later our country; think of what that means ‘‘(B) extending the length of time that the this summer, it may go to $5 a gallon. in terms of national security, not need- entity must ensure that the facility involved ing to depend on crude oil from the is used for the purposes for which it is in- Clearly, we have to find a way to help tended, as described in subsection (c)(1)(F). with gasoline prices across this coun- Middle East. That is just with the right ‘‘(2) HEARING.—Prior to requesting the re- try. policies to develop more oil and gas. Of turn of the funds under paragraph (1)(B), the What it comes down to is supply and course, we can develop all the other Secretary shall provide the entity notice and demand. More supply creates downward types of energy resources as well. opportunity for a hearing. pressure on gasoline prices; more de- Let’s not take 15 years to get this ‘‘(i) COLLABORATION.—The Secretary may mand, of course, pushes prices higher. done. Let’s have a plan for national en- establish intergovernmental and inter- So we have to find ways to increase the ergy security that gets it done in the departmental memorandums of agreement as next 5 to 7 years. There is no question necessary to carry out this section. supply and increase the supply in a de- ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— pendable way. That means not only in- we can do it. We can absolutely do it. There is authorized to be appropriated to creasing supply now but having poli- How do we do it? Very simple and very carry out this section such sums as may be cies in place that increase supply now common sense. When we talk about necessary for each of fiscal years 2013 and in the future. producing ‘‘all of the above,’’ let’s ac- through 2017.’’. We need to send signals to the mar- tually do that. Let’s not say ‘‘all of the SEC. 5. EXPANDED PARTICIPATION IN 340B PRO- ket that we are serious about growing above’’ and then block energy produc- GRAM. our supply of energy—all types of en- tion. Let’s have the kinds of energy Section 340B(a)(4) of the Public Health Service Act (42 U.S.C. 256b(a)(4)) is amended ergy—certainly gas and oil but all policies in place, traditional sources by adding at the end the following: types of energy in this country, as well and renewable sources, on a bipartisan ‘‘(P) An entity receiving funds under sub- as working with our neighbors we can basis. Let’s put the types of policies in part I of part B of title XIX of this Act for count on, such as Canada, for more place that will truly help us get to en- the provision of community mental health supplies to help reduce the price of gas- ergy security, and let’s do it over the services. oline and, frankly, reduce the cost of next 5 to 7 years. Let’s increase oil pro- ‘‘(Q) An entity receiving funds under sub- all types of energy to help get the duction in the United States and Can- part II of part B of title XIX of this Act for economy going, to have more national ada. Let’s have the policies that help the provision of treatment services for sub- stance abuse.’’. security and more jobs to put the 13 us produce more oil onshore and off. million people who are unemployed Let’s increase natural gas production By Mr. HOEVEN (for himself, Mr. back to work. Energy is a key aspect of and usage. BLUNT, Ms. KLOBUCHAR, Mr. creating the type of economic environ- Again, let’s join with Canada and do CRAPO, and Mr. JOHANNS): ment that will help us do that. this with North American energy. We S. 2264. A bill to provide liability pro- This chart shows our current level of have incredible potential with Canada. tection for claims based on the design, crude oil production. The first bar We are the closest friends and allies in manufacture, sale, offer for sale, intro- shows that between ourselves and Can- the world. Let’s increase the renewable duction into commerce, or use of cer- ada, we produce just under 10 million fuels we produce right here at home. tain fuels and fuel additives, and for barrels of crude and crude equivalent We can do that with a market-based other purposes; to the Committee on right now. In North America—Canada approach. Let’s increase our use of re- Environment and Public Works. and the United States—we produce newable fuels with market-based ap- Mr. HOEVEN. Mr. President, I rise to under 10 million barrels of crude today. proaches that work. Let’s use tech- introduce bipartisan energy legisla- That comes not only from conventional nology to drive energy production— tion, the Domestic Fuels Act. This leg- oil but oil shale, tight oil, oil sands, produce more energy—with better envi- islation is designed to help hard-work- Arctic, and offshore—all these different ronmental stewardship. ing Americans with the high fuel sources. We can do all these things. When we prices, the high gas prices they are Under the current policies, we can talk about an energy security plan or paying at the pump. This legislation see by looking at this next bar that the path to energy security in our will truly help us do ‘‘all of the above’’ over the next 15 years the supply of oil country, these are very commonsense when it comes to producing and pro- and gas coming from Canada and the steps. I have bills, as do other Members viding lower cost energy for American United States will shrink. Under the of this body, on a bipartisan basis, to consumers, American businesses, and current policies and the current ap- do all these things—increase oil pro- to fuel our economy, help create jobs, proach, without the kind of energy pol- duction, increase the use of natural and also to create greater national en- icy we need in this country, we actu- gas, increase renewables with market- ergy security. It is part of what I be- ally will have less oil and gas from based approaches, and use technology

VerDate Mar 15 2010 05:00 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.035 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2251 to drive energy and do it with better set of piping, and different dispensers it comes to energy development. This environmental stewardship. for each type of fuel, then they have to is about doing it. This is about making One of the things I submitted legisla- make a choice, don’t they. They can a difference for the American con- tion to do is approve the Keystone maybe offer gasoline from petroleum, sumer, and we can do it. Pipeline. It is an issue that has been they can maybe offer some ethanol This legislation is bipartisan legisla- very much in the national discussion. blend, they can maybe offer biodiesel, tion. I am very pleased Senator ROY It has gotten a lot of attention. It is a or maybe they try natural gas; right? BLUNT of Missouri is cosponsoring it straightforward concept. It simply says But if they have to have tanks and with me, along with AMY KLOBUCHAR of let’s develop the infrastructure in our pumps and piping for each one, think of Minnesota, MIKE CRAPO of Idaho, and I country, so that as we produce more oil the cost—hundreds of thousands of dol- believe we will have many others join- in Canada—Canada has the third larg- lars. ing us on both sides of the aisle. Also, est oil reserves in the world. No. 1 is So how do you get consumer choice? we are working with Representative Saudi Arabia, No. 2 is Venezuela, and How do you get consumer choice in JOHN SHIMKUS in the House who will be No. 3 is Canada. Let’s work with Can- there? Also, how do you get the lowest introducing companion legislation as ada to tap and use more of that oil. If price? If petroleum-based gasoline well. we don’t, it will go to China. But we versus ethanol-based is cheaper, well, The other point I want to make in can do it. We simply have to develop then, maybe they want to offer concluding is that we have broad-based the infrastructure and work with Can- straight petroleum, not have a blend. support from companies and people ada. But if they can mix it with ethanol, who work in the traditional energy sec- What has the opposition to that oil offer even up to E85, and that is cheap- tor as well as the renewable energy sec- development been? A number of argu- er, they may want to offer that. If they tor, who make the equipment that dis- ments have come up. The main one be- want to offer biodiesel rather than tra- pense gasoline and other types of fuel hind it is, some people say we don’t ditional diesel or if they want to offer products and the people who sell gaso- want to produce oil in the oil sands; we natural gas—because increasingly we line and all types of fuel. They are all don’t want to do that. The concern, in have trucks and buses particularly in onboard. their opinion, is greenhouse gas. It has our urban areas using natural gas—how Let me give an example. From the re- about a 6-percent higher greenhouse do they do it? That is the point. newable fuels energy sector, we have gas emission than conventional drilling What this act provides is that the the Renewable Fuels Association en- production. EPA has to streamline the process so a dorsing this legislation, and also The important point is—going back service station or gas station can use Growth Energy. From traditional oil to the last chart, which I mentioned in their existing tanks and equipment so and gas, the American Petroleum Insti- the national energy security plan is they can decide to offer any one of tute has endorsed this legislation, as let’s use technology to produce more those products. Now we have more con- has Tesoro Corporation and energy with better stewardship. What I sumer choice and we have a way to ExxonMobil, and there are many oth- mean is, when we talk about the oil drive down prices at the pump—drive ers. From the service stations—the sands, rather than using the current down the cost of gasoline, drive down marketers that actually dispense the excavation method, 80 percent of the the cost of biofuels, drive down the product—endorsing this legislation is the National Association of Conven- new development is going to in situ, cost of natural gas, or whatever it is— ience Stores, the Society of Inde- which is essentially drilling. So it is consumer choice, lower prices, and that pendent Gasoline Marketers of Amer- basically the same footprint and same extends back through the production ica, the Petroleum Marketers Associa- greenhouse gas emissions as conven- chain as well. If I produce ethanol, if I tion of America, and the National As- tional drilling for oil and gas. So let’s produce biodiesel, if I produce gasoline sociation of Truck Stop Operators. use that new technology to produce or natural gas, I know I am going to be From the people who make the equip- more energy, more oil in the Canadian able to market those products to con- ment, the manufacturers that make oil sands, and do it with better envi- sumers. the equipment, we have received en- ronmental stewardship. This is about looking to the future dorsements as well from the American We will then be getting oil from a de- instead of looking to the past. This Fuel and Petrochemical Manufacturers pendable ally, rather than getting 30 isn’t about government spending any and also the Outdoor Power Equipment percent of our crude from the Middle more money. This is about the govern- ment empowering industry, empow- Institute. East and Venezuela. It is just common Look, everybody is onboard. Now we ering entrepreneurship, empowering sense. We win with more energy at a need to get to work and get it in place. the energy sector, and empowering our lower cost. We win with job creation, This is about building the right kind of consumers with choice and lower costs and we win with better environmental energy future for our country. We have at the pump. It is just common sense. stewardship. We need to just get the to get going. Gasoline prices are $4 at It is just common sense. We give the right policies, the right law, and the the pump, and they are going higher. marketer a way to market whatever right approach to how we regulate We can do something about it, and that product makes the most sense and these things in place. is exactly what we need to do. That is what the Domestic Fuels Act whatever best serves the consumers at I urge my colleagues to join me in is all about. It is an example of exactly the best price. We give them liability this effort on behalf of the American how we do that. The Domestic Fuels protection so they know they can go people. Act essentially says, all right, when we forward and offer these different prod- pull up to the gas station, we should be ucts without worrying about being By Mr. FRANKEN (for himself, able to get whatever fuel provides the sued and losing their livelihood so they Ms. SNOWE, and Mr. ENZI): best energy for what we need at the are willing to do it. We provide a clear S. 2271. A bill to amend the Internal best possible price. and simple pathway so they know what Revenue Code of 1986 to extend the It is about consumer choice, and it is they have to accomplish in order to time for making S corporation elec- about lowering the cost at the pump. best serve their consumers and build tions, and for other purposes; to the Right now, when you pull in, very their business. Committee on Finance. often the petroleum retail marketer This is about the right kind of legal Mr. FRANKEN. Mr. President, today has multiple tanks in order to dispense framework. This is about the right I am introducing the Small Business various types of fuel. It might be tradi- kind of legislation that is clear, under- Election Simplification Act with my tional gasoline from petroleum, it standable, and empowering. This is friends, Senators SNOWE and ENZI. might be some blend of petroleum and how we get government working for I want to thank them for this col- ethanol, he might have biodiesel, and people rather than people working for laboration, and I especially want to ac- increasingly service stations, gas sta- government. This is how we build the knowledge Senator SNOWE for her lead- tions, are looking to market natural right kind of energy future based on all ership. As Ranking Member of the gas. But think about it. If they have to of the above. This isn’t just about say- Committee on Small Business and En- have a different set of tanks, different ing, hey, let’s do all of the above when trepreneurship, Senator SNOWE is one

VerDate Mar 15 2010 05:00 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.032 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2252 CONGRESSIONAL RECORD — SENATE March 29, 2012 of the Senate’s experts on small busi- would eliminate the need for business for such year and on or before the due date ness issues. She is always working to owners to fill out an additional elec- (with extensions) for filing the return for the make sure that the Federal Govern- tion form. following taxable year, ment meets the needs of small busi- Here in the Senate, we are always then such election shall be treated as made nesses and is committed to creating saying that small businesses are the for the following taxable year. the best possible environment for en- engine of our economy; that they are ‘‘(2) RULES FOR EXISTING C CORPORATIONS.— trepreneurs. the job creators; and that we need to In the case of any small business corporation That is exactly what our legislation which was a C corporation for the taxable support entrepreneurs coming up with year prior to the taxable year for which the is about—making it easier and more the next big idea that will get our election is made under subsection (a), the straightforward for entrepreneurs to economy growing again. rules under this paragraph shall apply in lieu start small businesses. Passing the Small Business Election of the rules under paragraph (1): When starting up a new business, en- Simplification Act is one thing we can ‘‘(A) IN GENERAL.—An election under sub- trepreneurs often choose to organize do to help them. It can make a dif- section (a) may be made by a small business their business as an S Corporation be- ference right now. By making it easier corporation for any taxable year— cause of its simplicity. Owners of S and more straightforward for new ‘‘(i) at any time during the preceding tax- Corporations report business income on small businesses to become S Corpora- able year, or their individual tax returns. So instead tions, our legislation would free busi- ‘‘(ii) at any time during the taxable year of having their business profits taxed and on or before the 15th day of the 3d month ness owners to concentrate on the im- of the taxable year. at the corporate level of 35 percent, portant stuff—like growing their busi- ‘‘(B) CERTAIN ELECTIONS MADE DURING 1ST they pay taxes at their individual in- ness and hiring new workers, instead of 21⁄2 MONTHS TREATED AS MADE FOR NEXT TAX- come tax rate. Not only is this simpler, worrying about IRS election form ABLE YEAR.—If— but it also often saves small business deadlines and learning about com- ‘‘(i) an election under subsection (a) is owners money. plicated business tax rules. made for any taxable year during such year To become an S Corporation, small I urge my colleagues to support this and on or before the 15th day of the 3d month business owners have to go through legislation and send it to the Presi- of such year, but what’s called an ‘‘election process’’ and dent’s desk to be signed into law as ‘‘(ii) either— ‘‘(I) on 1 or more days in such taxable year submit an election form to the IRS. soon as possible. The deadline to submit this election and before the day on which the election was Mr. President, I ask unanimous con- made the corporation did not meet the re- form is currently set a year in advance sent that the text of the bill be printed quirements of subsection (b) of section 1361, of the tax return deadline for busi- in the RECORD. or nesses. This means that a new small There being no objection, the text of ‘‘(II) 1 or more of the persons who held business owner must know to submit the bill was ordered to be printed in stock in the corporation during such taxable the election form a full year before the RECORD, as follows: year and before the election was made did not consent to the election, they have to do their taxes. S. 2271 Unsurprisingly, many first-time busi- then such election shall be treated as made Be it enacted by the Senate and House of Rep- for the following taxable year. ness owners are unaware of this rule resentatives of the United States of America in ‘‘(C) ELECTION MADE AFTER 1ST 21⁄2 MONTHS and therefore miss the election dead- Congress assembled, TREATED AS MADE FOR FOLLOWING TAXABLE line. These taxpayers must wait an ad- SECTION 1. SHORT TITLE. YEAR.—If— ditional year before their business be- This Act may be cited as the ‘‘Small Busi- comes an S Corporation, which can ‘‘(i) a small business corporation makes an ness Election Simplification Act’’. election under subsection (a) for any taxable have serious tax consequences. Or they SEC. 2. EXTENSION OF TIME FOR MAKING S COR- year, and must go through a late election process PORATION ELECTIONS. ‘‘(ii) such election is made after the 15th with the IRS, which can be time-con- (a) IN GENERAL.—Subsection (b) of section day of the 3d month of the taxable year and suming and costly. 1362 of the Internal Revenue Code of 1986 is on or before the 15th day of the 3rd month of This is a real problem. In 2009, nearly amended to read as follows: the following taxable year, ‘‘(b) WHEN MADE.— 100,000 S Corporation returns could not then such election shall be treated as made ‘‘(1) RULES FOR NEW CORPORATIONS.—Except be processed as filed. That was almost as provided in paragraph (2)— for the following taxable year. ‘‘(D) TAXABLE YEARS OF 21⁄2 MONTHS OR a quarter of all new S Corporation fill- ‘‘(A) IN GENERAL.—An election under sub- ings. Missing or late elections is one of section (a) may be made by a small business LESS.—For purposes of this paragraph, an the main reasons that returns are re- corporation for any taxable year at any time election for a taxable year made not later jected as filed. during the period— than 2 months and 15 days after the first day The National Taxpayer Advocate— ‘‘(i) beginning on the first day of the tax- of the taxable year shall be treated as timely made during such year. whose job is to watch out for the needs able year for which made, and ‘‘(ii) ending on the due date (with exten- ‘‘(3) AUTHORITY TO TREAT LATE ELECTIONS, of taxpayers—described the current S ETC., AS TIMELY.—If— Corporation election process as an sions) for filing the return for the taxable year. ‘‘(A) an election under subsection (a) is undue burden on small businesses. Sim- ‘‘(B) CERTAIN ELECTIONS TREATED AS MADE made for any taxable year after the date pre- plifying the S Corporation election FOR NEXT TAXABLE YEAR.—If— scribed by this subsection for making such process was one of 11 legislative rec- ‘‘(i) an election under subsection (a) is election for such taxable year or no such ommendations outlined in the National made for any taxable year within the period election is made for any taxable year, and Taxpayer Advocate’s 2011 Annual Re- described in subparagraph (A), but ‘‘(B) the Secretary determines that there port to Congress. ‘‘(ii) either— was reasonable cause for the failure to time- Our legislation does just that. The ‘‘(I) on 1 or more days in such taxable year ly make such election, Small Business Election Simplification and before the day on which the election was the Secretary may treat such an election as made the corporation did not meet the re- Act would extend and coordinate S timely made for such taxable year. quirements of subsection (b) of section 1361, ‘‘(4) MANNER OF ELECTION.—Elections may Corporation deadlines. It would match or be made at any time as provided in this sub- the S Corporation election deadline for ‘‘(II) 1 or more of the persons who held section by filing a form prescribed by the new businesses with the deadline for stock in the corporation during such taxable Secretary. For purposes of any election de- tax returns. This would reduce the year and before the election was made did scribed under paragraph (1), the Secretary number of taxpayers who inadvertently not consent to the election, shall provide that the election may be made miss the S Corporation election dead- then such election shall be treated as made on any timely filed small business corpora- line and suffer negative tax con- for the following taxable year. tion return for such taxable year, with the sequences. ‘‘(C) ELECTION MADE AFTER DUE DATE consents of all persons who held stock in the To further simplify the process and TREATED AS MADE FOR FOLLOWING TAXABLE corporation during such taxable year in- cluded therewith. reduce paperwork, our legislation YEAR.—If— ‘‘(i) a small business corporation makes an ‘‘(5) SECRETARIAL AUTHORITY.—The Sec- would also allow new small businesses election under subsection (a) for any taxable retary may prescribe such regulations, rules, to elect to become an S Corporation year, and or other guidance as may be necessary or ap- simply by designating the election on ‘‘(ii) such election is made after the due propriate for purposes of applying this sub- their S Corporation tax return. This date (with extensions) for filing the return section.’’.

VerDate Mar 15 2010 05:00 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.039 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2253 (b) REVOCATIONS.—Paragraph (1) of section er’s historic climb. It would truly be prosecution and damage to his career. 1362(d) of the Internal Revenue Code of 1986 special for Alaska and Alaskans to That might lead him to hesitate. This is amended— have this designation in place by that is contrary to good public policy. If we (1) by striking ‘‘subparagraph (D)’’ in sub- date. were the victim in this scenario, every paragraph (C) and inserting ‘‘subparagraphs one of us would want that Federal law (D) and (E)’’, and By Mr. GRASSLEY (for himself, (2) by adding at the end the following new enforcement officer to help us. subparagraph: Mr. COONS, Mr. COBURN, and Mr. If a Federal agent acts to protect an ‘‘(E) AUTHORITY TO TREAT LATE REVOCA- SESSIONS): individual in his presence from a crime TIONS AS TIMELY.—If— S. 2276. A bill to permit Federal offi- of violence, as taxpayer dollars have ‘‘(i) a revocation under subparagraph (A) is cers to remove cases involving crimes trained him to do, and then is indicted made for any taxable year after the date pre- of violence to Federal court; to the in State court for that act, he should scribed by this paragraph for making such Committee on the Judiciary. have the right to defend himself within revocation for such taxable year or no such Mr. GRASSLEY. Mr. President, I rise the Federal court system. revocation is made for any taxable year, and today in support of a bill that I am in- ‘‘(ii) the Secretary determines that there So the Officer Safety Act amends the was reasonable cause for the failure to time- troducing on behalf of a bipartisan removal statute, found in Title 28, ly make such revocation, group of Senators, the Officer Safety United States Code, Section 1442, to the Secretary may treat such a revocation as Act of 2012, S. 2276. This bill allows a clarify when a Federal law enforce- timely made for such taxable year.’’. Federal law enforcement agent, who ment officer is acting under the color (c) EFFECTIVE DATE.—The amendments stops a violent crime while off-duty of his office. This bill does not provide made by this section shall apply to elections and is indicted in a State court for immunity for law enforcement agents, for taxable years beginning after the date of those actions, to petition for the State and it does not grant them additional the enactment of this Act. criminal prosecution against him to be authority. It doesn’t even guarantee removed to Federal court. By Ms. MURKOWSKI: that the case will be moved from State S. 2273. A bill to designate the The bill effectuates this change by to Federal court: the State will be Talkeetna Ranger Station in amending the Federal removal statute, heard and its position will be weighed Talkeetna, Alaska, as the Walter Har- found in 28 United States Code, Section by the judge before deciding if removal per Talkeetna Ranger Station; to the 1442, to clarify when a Federal law en- is appropriate. It does allow a Federal Committee on Energy and Natural Re- forcement officer is acting under the law enforcement officer/agent, who is sources. color of his office. indicted in a State court for actions re- Ms. MURKOWSKI. Mr. President, I As a 2003 Judiciary Committee report lated to his protection of a victim of a rise today to introduce legislation that stated, ‘‘Law enforcement officers are violent crime that is committed in the would officially rename the Talkeetna never ‘off-duty.’ ’’ Many are required to officer’s presence, to petition for that Ranger Station in Talkeetna, Alaska, carry an off-duty weapon. When they criminal case to be removed to Federal the Walter Harper Talkeetna Ranger fly on personal business, they are ex- court, where the officer will be re- Station. pected to carry their weapon and quired to defend his actions. The Talkeetna Ranger Station, check-in with the airline as a Federal Current law provides that removal is which is the home of Denali National law enforcement agent so they can de- proper so long as defendants dem- Park’s mountaineering rangers, sits fend the pilots and passengers if some- onstrate that they are officers of the just about 100 miles south of the en- thing bad happens. In fact, Federal United States that acted ‘‘under color trance to the park. Of course, the land- agents are specifically paid to be avail- of’’ their office and have a ‘‘colorable mark that’s most commonly linked to able 24 hours a day, 7 days a week. federal defense’’. both the park and the ranger station Agents can be disciplined if they are In general, a Federal agent acts itself happens to be the mountain that not available when called. ‘‘under color of’’ his office when he features a summit which represents the They are not even allowed to engage takes actions that are necessary and highest point in North America: in activities on their personal time reasonable for the discharge of his Fed- Denali. that regular citizens take for granted, eral responsibilities. Accordingly, the In fact, anybody who intends to at- like coaching their kids’ sports teams, prototypical example of a Federal offi- tempt a climb of Mt. McKinley is re- if it might interfere with their ability cer acting under color of his office is a quired to first stop at the Talkeetna to respond to a crisis. Federal law enforcement officer who Ranger Station for their permit and Federal law enforcement agents are kills someone while performing an act mountain orientation. extensively trained, at the expense of related to Federal law enforcement It is only fitting, then, that we honor the taxpayer for the benefit of the tax- and, in the subsequent State homicide the memory of Alaska Native Walter payer. They not only train in basic prosecution, claims he was acting in Harper by forever linking his name academies, but they are required to self-defense and/or is entitled to offi- with this specific ranger station. It was participate in additional and regular cial immunity. The Supreme Court has Mr. Harper, that 100 years ago next training and re-certifications many upheld this prototypical example as ap- year became the first person to reach times each year. If training is missed propriate for removal from State court the summit of Mt. McKinley. or if standards are not up to par, the to Federal court. My bill is a simple one, and it is not agent is disciplined or removed. Fed- The primary restraint on the current likely to gain much notice outside of eral law enforcement agencies take statute’s scope is its limitation to de- Alaska. Within my home state, how- training requirements very seriously. fendants who acted under color of Fed- ever, this small gesture means a great The United States is known for having eral office or, in other words, while per- deal. Alaskans, like the people who call the best trained Federal law enforce- forming official duties. Defendants any other state home, are proud of the ment officers in the world. must show in their petition for re- historical accomplishments of their So what if one of these exceptionally moval that there is a causal nexus be- fellow Alaskans. Walter Harper was trained Federal law enforcement tween the actions challenged and their one such Alaskan, and his feat is one agents walks into the grocery store on Federal duties. that will always be remembered. a Saturday and witnesses a woman The history of the removal statute Certainly, officially designating the being repeatedly hit by her husband; do explains why this is important. The Talkeetna Ranger Station—the very we want him to walk past the woman? statute dates back to 1815. It was building where any hiker today plan- No. The taxpayers spend money on his passed in response to the New England ning to climb Mt. McKinley is required training so that he can protect victims, States’ opposition to the trade embar- to first stop—the Walter Harper not walk away from them. In this situ- go with England during the War of 1812. Talkeetna Ranger Station is a fitting ation, we all hope that he would use his The law provided for the removal to tribute to the man himself, as well as training to protect the victim. But Federal court of any suit or prosecu- his spot in our state’s history books. when he steps in to protect the victim tion commenced in State court against June 7 of next year, 2013, will mark from a crime of violence occurring in a Federal customs officer or other per- the 100 year anniversary of Mr. Harp- his presence, he risks state criminal sons enforcing Federal customs laws.

VerDate Mar 15 2010 05:05 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.037 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2254 CONGRESSIONAL RECORD — SENATE March 29, 2012 Thus, Federal agents did not need to individual who suffered or is about to Yesterday, at the Subcommittee on fear performing their jobs because the suffer imminent bodily harm; and when Financial Services and General Gov- local authorities opposed the embargo the officer prevents the escape of an in- ernment hearing focusing on student and wanted to stop them from enforc- dividual the officer reasonably believes debt, Treasury Secretary Geithner ing it. committed or was about to commit, in came to talk about it. While the over- A few decades later, the U.S. Govern- the presence of the officer, a crime of all growth of student indebtedness is ment encountered a similar problem in violence that resulted in or was likely troubling, the most pressing concern is South Carolina, which in 1833 declared to result in serious bodily injury. I be- private student loans. certain Federal tariff laws unenforce- lieve that in these situations, the Fed- Secretary Geithner also recognized able within its borders. Congress re- eral courts should always determine that private student loans do not come sponded by authorizing the removal of that the law enforcement officer acted with any of the consumer protections any suit or prosecution commenced in under the color of his or her office for that Federal loans do. Private student a State court against an officer of the purposes of determining whether to loans are far riskier. Federal student United States for the enforcement of grant the officer’s removal petition. loans have fixed, affordable interest the Federal revenue laws. But the courts remain free to deter- rates—3.4 percent. They also have a va- During the Civil War and the Recon- mine under current law that there are riety of consumer protections. The struction era, Congress’ disenchant- other circumstances in which an officer Federal loans have forbearance in ment with State courts in the South seeking removal satisfies the color of times of economic hardship, and they led to new Federal officer removal office standard. offer manageable repayment options, laws. In the 1863 Habeas Corpus Act, So the bill is a modest change that such as the income-based repayment Congress provided for the removal of nevertheless provides an important plan. suits or prosecutions against persons layer of safety for the people who risk Private student loans, on the other acting under Federal authority for ac- their lives day-in and day-out to pro- hand, often have high variable interest tions, or failures to act, during the tect us. It will help make our commu- rates—some have been quoted at 18 per- Civil War. In addition, Congress passed nities safer and protect those who are cent, the kind of rates you are careful a removal statute similar to those of sworn to guard and serve the American about when it comes to your credit— 1815 and 1833, authorizing the removal public. and they have hefty origination fees of suits or prosecutions commenced in This principle and this bill are sup- and a lack of repayment options. Pri- State court against Federal officers for ported by the Federal Law Enforce- vate lenders have targeted low-income actions, or omissions, related to the ment Officers Association, the Federal borrowers with some of the riskiest, collection of Federal revenue. However, Bureau of Investigation Agents Asso- highest cost loans. it was not until the enactment of the ciation, and the National Border Patrol In many respects, private student Judicial Code of 1948 that Congress ex- Council. loans are like credit cards—except un- I want to thank Senator COONS, a tended the statute to cover all Federal like credit card debt, private student member of the Committee on the Judi- officers. loan debt can never be discharged in The courts view the history behind ciary, who co-chairs the Senate Law bankruptcy. In 2005, Congress changed section 1442 and its statutory prede- Enforcement Caucus, and is a co-spon- the bankruptcy laws. I want to make a cessors as justification for construing sor on this bill. He understands the point here: I voted against it. Congress the statute broadly to assure the su- need to support law enforcement offi- changed the bankruptcy laws and in- premacy of U.S. law and protect Fed- cers who risk their lives every day so cluded a provision making private stu- that we can sleep safely at night. eral operations against interference dent loan debts nondischargeable in Further, I want to thank Senators from State judicial proceedings. bankruptcy, except in the rarest of cir- COBURN and SESSIONS, also members of This bill does not infringe upon the Judiciary Committee and co-spon- cumstances. I have never found one States’ rights, as they retain the same sors. They, too, understand this allows that qualifies. That means students are due process rights to be heard on the us to support Federal agents without stuck with their loans for life. question of removal that have existed While the volume of private student spending a dollar. since the early 1800s. In fact, this Con- ‘‘Law enforcement officers are never loans is down from its peak a few years gress passed a bill by unanimous con- ‘off-duty.’ ’’ To expect them to standby ago when it accounted for 26 percent of sent that amended this statute, with- while a victim suffers violent acts in all student loans, private lending is out a word about States’ rights. his presence is contrary to the oath still aggressively promoted by the for- Today, Federal law enforcement offi- they take to protect and renders their profit college industry. The Project on cers, whether or not in uniform, re- tax-funded training wasted as a citizen Student Debt reports that 42 percent of quire protections when they take ac- becomes a victim. Please join me in for-profit college students had private tions to assist citizens. Civil liability protecting those who protect us. loans in 2008, up from 12 percent 5 years protections are provided to officers earlier. For-profit college students also under The Good Samaritan Act, codi- By Mr. DURBIN (for himself and graduate with more debt than their fied at Title 28, United States Code, Mr. HARKIN): peers who graduate from public or pri- Section 2671. This bill, the Officer Safe- S. 2280. A bill to amend the Truth in vate and non-private colleges. Many ty Act, while modeled on the Good Sa- Lending Act and the Higher Education for-profit colleges employ a business maritan Act, is narrower, more restric- Act of 1965 to require certain creditors model that steers students into private tive, and provides no liability protec- to obtain certifications from institu- student loans because of the 90/10 rule. tion. Rather, this bill clarifies the tions of higher education, and for other For the record, private for-profit ‘‘color of law’’ prong required in the re- purposes; to the Committee on Bank- schools can only receive 90 percent of moval process, as courts have invited ing, Housing, and Urban Affairs. their revenue from the Federal Govern- Congress to clarify. Mr. DURBIN. Mr. President, last ment. They are the closest darn thing The bill makes no change to the cur- week, the Consumer Financial Protec- to a Federal agency you have ever rent standards governing when removal tion Bureau reported that outstanding seen, except they are making millions is permissible, and therefore leaves student loan debt in America has hit of dollars at the expense of the govern- alone existing standards and case law. the $1 trillion mark—student loans. ment and unsuspecting students and But it provides that in three situa- A CFPB official was cited by their families. So to find the 10 percent tions, the law enforcement officer who Bloomberg News saying that ‘‘exces- of nonfederal money, for-profit schools is a defendant in a State criminal pros- sive student debt could slow the recov- get the students to sign up to pay for 10 ecution will be deemed to have acted ery of the housing market, as young percent of their education in private under color of his or her office: when people repay money for their education student loans, even if they qualify for the officer protects a victim from a rather than buying homes.’’ Massive Federal loans, which are a much better violent crime committed in the pres- student debt is also affecting con- deal. ence of the officer; when the officer sumers’ ability to purchase goods and The 90/10 rule that requires at least 10 provides immediate assistance to an services. percent of revenue from non-Federal

VerDate Mar 15 2010 05:05 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.048 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2255 student aid sources makes this an im- When students such as Kari contact dent loans—40 percent. Sixty percent perative for many for-profit schools. As my office about their student loans, are not. Some are still in school, I will a result, many students are encouraged they often don’t know the difference concede that point, but many of them to take up private loans when they are between the two types of loans. They just can’t do it. We pile this debt on, still eligible for Federal loans—even said: ‘‘It was just a student loan, Sen- we give them preferred treatment in when the lenders know the students ator.’’ Most go on to say that if they the Bankruptcy Court so the lenders are going to default—so schools can had known, they would have thought can’t have the debt discharged, and we comply with the 90/10 rule. more carefully about a private student sit there and watch as the lives of Kari Schaab contacted my office loan and the debt they were incurring. these young people deteriorate. seeking relief from her burdensome For those students who do decide to As one young lady testified at my student debt. She received a bachelor take out a private student loan, the hearing that she borrowed $37,625 from of arts from the International Acad- bill requires lenders to provide the bor- the Federal government, $40,925 in pri- emy of Design and Technology, a for- rower with quarterly up-to-date infor- vate loans. She went to the Harrington profit college. When she spoke to an mation about their balance and inter- College of Design in the suburbs of Chi- admissions representative, she was en- est rate. cago and ended up with a worthless di- rolled almost immediately. Looking Finally, the bill requires lenders to ploma—worthless. Five years later, her back, she says of the school: ‘‘They report information to the Consumer Fi- debt is no longer $78,000; it is $98,000. It take whoever is willing to pay.’’ nancial Protection Bureau about how just keeps going up. She pays $830 a She was assured she would be able to many students are taking out loans month, and the private student loan obtain a position in her field that and at what rates. There is very little debt is exploding right in front of her. would help her pay off her student information about private student She can’t pay it. She doesn’t know debt. Reflecting on her experience, she loans currently available. More infor- what she is going to do. She said she is said: ‘‘I was young and didn’t under- mation will help Congress and the going to have to give up the little stand how much I would owe or what CFPB effectively inform consumers home she and her husband just bought. the loans were. I trusted them.’’ about these private student loans. It looks pretty desperate for her, and After completing her BA program, This legislation is supported by a her desperate situation faces her at the she decided that she would pursue a huge coalition of education, student, age of 32—32. master’s in her field. What she found and consumer organizations. I want to How do we let this happen? Don’t we out shocked her. No schools would ac- thank TOM HARKIN for his work on this have an obligation as a government, as cept her degree. It was a worthless di- bill, especially all of the hard work he a people, to stop this exploitation of ploma. With no job, no future in her has put in on these for-profit colleges. children and their families? That is chosen field, and about $58,000 in debt, Mr. President, it is finally dawning what is going on. she decided to switch careers entirely on a lot of Members of Congress as This bill I have put in today will re- so that she would be able to pay off her they see programs such as ‘‘Frontline’’ quire these schools—all schools—to tell student loans. talking about the for-profit college in- the students first that they have Fed- She currently attends Oaktown Com- dustry, and as they meet these stu- eral loan eligibility left. It is 3.4 per- munity College for nursing. She is un- dents who are going to these worthless cent, not 18 percent. There is loan for- able to get a mortgage because of her for-profit colleges—students who are giveness if they become a nurse or a old student loan debt of $58,000. Worse just stacking up debt for a worthless teacher. It is based on the amount of yet, her parents, trying to help her out, diploma—it is time for our Federal income they have later in life what took out $19,000 in loans to help pay Government to step up. How can we their repayment is going to be. If they her tuition. Her parents are currently blame a student or their family if they do get into trouble, they can have a in chapter 13 bankruptcy, but that loan are going to a school where we, the delay in payment without watching won’t be discharged. their loan just stack up. These are Federal Government, are willing to We need to begin now to address this basic things we build into the law to offer Pell grants and Federal loans? looming student debt bomb crisis. We help students. Students and their fami- What is a student to think? Well, if it need to protect students and prevent lies ought to know that, and that is is good enough for the Federal Govern- more students from stepping into the what this bill is about. same traps that have caught so many ment to loan money, it must be a good I commend this bill to my colleagues. school. others. I hope they will join Senator HARKIN In fact, in many instances—in most Today, Senator TOM HARKIN and I are and me. I want to offer this on the Sen- instances—these for-profit schools are introducing the Know Before You Owe ate floor, and I want some colleagues Private Student Loan Act of 2012. Here not good schools. They are not offering to go home and face this student loan is what it says: It requires the prospec- a good education. There are exceptions, issue and listen to the families they tive borrower’s school to confirm the but too many of them are just bad op- represent. We are hearing from our student’s enrollment status, the cost of erations. We subsidize them. Ninety to Web site, and I invite students and attendance, and the estimated Federal ninety-five percent of their revenue families to come to my official Web financial aid assistance before the pri- comes straight from the Federal Gov- site to tell their stories. As we learn vate student loan is approved. Often, ernment. When they talk about freez- what it is all about, we see the need to students haven’t applied for Federal ing Federal employees’ salaries, we move on this, and move quickly. student aid before they are asked to ought to freeze the employees at these Mr. President, I ask unanimous con- apply for private student loans, which for-profit schools. They are the closest sent that the text of the bill be printed are not nearly as generous or flexible. thing to Federal employees we have—95 in the RECORD. Requiring school certifications also percent Federal. We don’t hear that There being no objection, the text of gives the school the opportunity to from the other side of the aisle. But it the bill was ordered to be printed in make students aware of Federal Gov- is a fact. the RECORD as follows: ernment student aid options. I will tell you this: This student loan S. 2280 The bill requires schools to counsel debt bomb we are facing, which I Be it enacted by the Senate and House of Rep- the student about their options, tell talked to Secretary of the Treasury resentatives of the United States of America in them how the private student loan will Geithner about yesterday, is going to Congress assembled, affect those options, and what it will explode on us, just as the subprime SECTION 1. SHORT TITLE. cost to repay the loans. Basics. market loans did. More and more stu- This Act may be cited as the ‘‘Know Before In addition, schools will be required dents are going into default. They You Owe Private Student Loan Act of 2012’’. to inform students about the dif- can’t pay back these student loans, and SEC. 2. AMENDMENTS TO THE TRUTH IN LEND- ferences between Federal and private they are going to face life decisions ING ACT. (a) IN GENERAL.—Section 128(e) of the student loans. And the differences are that will change their futures and the Truth in Lending Act (15 U.S.C. 1638(e)) is dramatic. This will give students time future of the American economy. amended— to weigh their options, make a choice, We now have 40 percent of students (1) by striking paragraph (3) and inserting and be informed. who are making payments on their stu- the following:

VerDate Mar 15 2010 05:05 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.067 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2256 CONGRESSIONAL RECORD — SENATE March 29, 2012

‘‘(3) INSTITUTIONAL CERTIFICATION RE- consultation with the Secretary of Edu- ‘‘(II) The borrower’s ability to select a pri- QUIRED.— cation.’’. vate educational lender of the borrower’s ‘‘(A) IN GENERAL.—Except as provided in (b) DEFINITION OF PRIVATE EDUCATION choice. subparagraph (B), before a creditor may LOAN.—Section 140(a)(7)(A) of the Truth in ‘‘(III) The impact of a proposed private issue any funds with respect to an extension Lending Act (15 U.S.C. 1650(a)(7)(A)) is education loan on the borrower’s potential of credit described in this subsection, the amended— eligibility for other financial assistance, in- creditor shall obtain from the relevant insti- (1) by redesignating clause (ii) as clause cluding Federal financial assistance under tution of higher education where such loan is (iii); this title. to be used for a student, such institution’s (2) in clause (i), by striking ‘‘and’’ after the ‘‘(IV) The borrower’s right to accept or re- certification of— semicolon; and ject a private education loan within the 30- ‘‘(i) the enrollment status of the student; (3) by adding after clause (i) the following: day period following a private educational ‘‘(ii) the student’s cost of attendance at ‘‘(ii) is not made, insured, or guaranteed lender’s approval of a borrower’s application the institution as determined by the institu- under title VII or title VIII of the Public and about a borrower’s 3-day right to cancel tion under part F of title IV of the Higher Health Service Act (42 U.S.C. 292 et seq. and period. Education Act of 1965; and 296 et seq.); and’’. ‘‘(C) For purposes of this paragraph, the ‘‘(iii) the difference between— terms ‘private educational lender’ and ‘pri- (c) REGULATIONS.—Not later than 365 days vate education loan’ have the meanings ‘‘(I) such cost of attendance; and after the date of enactment of this Act, the ‘‘(II) the student’s estimated financial as- given such terms in section 140 of the Truth Consumer Financial Protection Bureau shall in Lending Act (15 U.S.C. 1650).’’. sistance, including such assistance received issue regulations in final form to implement under title IV of the Higher Education Act of (b) EFFECTIVE DATE.—The amendment paragraphs (3) and (9) of section 128(e) of the made by subsection (a) shall take effect on 1965 and other financial assistance known to Truth in Lending Act (15 U.S.C. 1638(e)), as the institution, as applicable. the effective date of the regulations de- amended by subsection (a). Such regulations scribed in section 2(c). ‘‘(B) EXCEPTION.—Notwithstanding sub- shall become effective not later than 6 SEC. 4. REPORT. paragraph (A), a creditor may issue funds months after their date of issuance. with respect to an extension of credit de- Not later than 24 months after the issuance scribed in this subsection without obtaining SEC. 3. AMENDMENT TO THE HIGHER EDU- of regulations under section 2(c), the Direc- from the relevant institution of higher edu- CATION ACT OF 1965. tor of the Consumer Financial Protection Bureau and the Secretary of Education shall cation such institution’s certification if such (a) AMENDMENT TO THE HIGHER EDUCATION jointly submit to Congress a report on the institution fails to provide within 15 business ACT OF 1965.—Section 487(a) of the Higher days of the creditor’s request for such cer- Education Act of 1965 (20 U.S.C. 1094(a)) is compliance of institutions of higher edu- tification— amended by striking paragraph (28) and in- cation and private educational lenders with ‘‘(i) the requested certification; or serting the following: section 128(e)(3) of the Truth in Lending Act ‘‘(ii) notification that the institution has ‘‘(28)(A) The institution shall— (15 U.S.C. 1638(e)), as amended by section 2, and section 487(a)(28) of the Higher Edu- received the request for certification and ‘‘(i) upon the request of a private edu- cation Act of 1965 (20 U.S.C. 1094(a)), as will need additional time to comply with the cational lender, acting in connection with an amended by section 3. Such report shall in- certification request. application initiated by a borrower for a pri- clude information about the degree to which ‘‘(C) LOANS DISBURSED WITHOUT CERTIFI- vate education loan in accordance with sec- specific institutions utilize certifications in CATION.—If a creditor issues funds without tion 128(e)(3) of the Truth in Lending Act, effectively encouraging the exhaustion of obtaining a certification, as described in sub- provide certification to such private edu- Federal student loan eligibility and lowering paragraph (B), such creditor shall report the cational lender— student private education loan debt. issuance of such funds in a manner deter- ‘‘(I) that the student who initiated the ap- mined by the Director of the Consumer Fi- plication for the private education loan, or By Mr. INHOFE (for himself, Mrs. nancial Protection Bureau.’’; on whose behalf the application was initi- BOXER, Mr. VITTER, Ms. LAN- (2) by redesignating paragraphs (9), (10), ated, is enrolled or is scheduled to enroll at and (11) as paragraphs (10), (11), and (12), re- the institution; DRIEU, Mr. COCHRAN, Mr. JOHN- spectively; and ‘‘(II) of such student’s cost of attendance SON of South Dakota, and Ms. (3) by inserting after paragraph (8) the fol- at the institution as determined under part KLOBUCHAR): lowing: F of this title; and S. 2282. A bill to extend the author- ‘‘(9) PROVISION OF INFORMATION.— ‘‘(III) of the difference between— ization of appropriations to carry out ‘‘(A) PROVISION OF INFORMATION TO STU- ‘‘(aa) the cost of attendance at the institu- approved wetlands conservation DENTS.— tion; and projects under the North American ‘‘(i) LOAN STATEMENT.—A creditor that ‘‘(bb) the student’s estimated financial as- Wetlands Conservation Act through fis- issues any funds with respect to an extension sistance received under this title and other of credit described in this subsection shall assistance known to the institution, as ap- cal year 2017; to the Committee on En- send loan statements, where such loan is to plicable; and vironment and Public Works. be used for a student, to borrowers of such ‘‘(ii) provide the certification described in Mr. INHOFE. Mr. President, today I funds not less than once every 3 months dur- clause (i), or notify the creditor that the in- am pleased to introduce the reauthor- ing the time that such student is enrolled at stitution has received the request for certifi- ization of the North American Wet- an institution of higher education. cation and will need additional time to com- lands Conservation Act, NAWCA. This ‘‘(ii) CONTENTS OF LOAN STATEMENT.—Each ply with the certification request— bill has overwhelming bipartisan sup- statement described in clause (i) shall— ‘‘(I) within 15 business days of receipt of port, and I am pleased to have Senators ‘‘(I) report the borrower’s total remaining such certification request; and BOXER, VITTER, LANDRIEU, COCHRAN, debt to the creditor, including accrued but ‘‘(II) only after the institution has com- unpaid interest and capitalized interest; pleted the activities described in subpara- JOHNSON, and KLOBUCHAR as original ‘‘(II) report any debt increases since the graph (B). cosponsors. last statement; and ‘‘(B) The institution shall, upon receipt of In fact, this is a conservation pro- ‘‘(III) list the current interest rate for each a certification request described in subpara- gram that has long enjoyed support on loan. graph (A)(i), and prior to providing such cer- both sides of the aisle. Back in 2006, I ‘‘(B) NOTIFICATION OF LOANS DISBURSED tification— worked with my colleagues to pass the WITHOUT CERTIFICATION.—On or before the ‘‘(i) determine whether the student who last reauthorization of this program by date a creditor issues any funds with respect initiated the application for the private edu- unanimous consent and was pleased to an extension of credit described in this cation loan, or on whose behalf the applica- that President Bush signed the bill subsection, the creditor shall notify the rel- tion was initiated, has applied for and ex- evant institution of higher education, in hausted the Federal financial assistance into law. writing, of the amount of the extension of available to such student under this title and This bill also has the support of credit and the student on whose behalf credit inform the student accordingly; and many conservation and hunting groups is extended. The form of such written notifi- ‘‘(ii) provide the borrower whose loan ap- including: Archery Trade Association, cation shall be subject to the regulations of plication has prompted the certification re- Association of Fish and Wildlife Agen- the Consumer Financial Protection Bureau. quest by a private education lender, as de- cies, Boone and Crockett Club, ‘‘(C) ANNUAL REPORT.—A creditor that scribed in subparagraph (A)(i), with the fol- Bowhunting Preservation Alliance, issues funds with respect to an extension of lowing information and disclosures: Catch-A-Dream Foundation, Congres- credit described in this subsection shall pre- ‘‘(I) The availability of, and the borrower’s sional Sportsmen’s Foundation, Con- pare and submit an annual report to the Con- potential eligibility for, Federal financial as- sumer Financial Protection Bureau con- sistance under this title, including disclosing servation Force, Dallas Safari Club, taining the required information about pri- the terms, conditions, interest rates, and re- Delta Waterfowl, Ducks Unlimited, vate student loans to be determined by the payment options and programs of Federal Izaak Walton League of America, Mule Consumer Financial Protection Bureau, in student loans. Deer Foundation, National Assembly of

VerDate Mar 15 2010 05:05 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.038 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2257 Sportsmen’s Caucuses, National Rifle ferred to in this preamble as ‘‘THON’’) is the ting crimes against humanity against civil- Association, National Trappers Asso- largest student-run philanthropy in the ian populations, including women and chil- ciation, National Wild Turkey Founda- world, with 700 dancers, more than 300 sup- dren, and believed to be operating since 2006 tion, North American Bear Founda- porting organizations, and more than 15,000 in the Central African Republic, the Demo- volunteers involved in the annual event; cratic Republic of Congo, and what would be- tion, North American Grouse Partner- Whereas student volunteers at the Penn- come South Sudan; ship, Orion-The Hunters’ Institute, sylvania State University annually collect Whereas the ongoing atrocities committed Pheasants Forever, Pope and Young money and dance for 46 consecutive hours at by LRA members target innocent civilians, Club, Public Lands Foundation, Quail the Bryce Jordan Center for THON, bringing including women and children, and include Forever, Quality Deer Management As- energy and excitement to the Pennsylvania abduction, murder, mutilation, burning and sociation, Rocky Mountain Elk Foun- State University campus for the mission of looting of villages, and destruction of com- dation, Ruffed Grouse Society, Safari conquering pediatric cancer and promoting munities and livelihoods, causing the mas- Club International, Texas Wildlife As- awareness of the disease to thousands of in- sive displacement of human populations and creating a humanitarian crisis; sociation, The Conservation Fund, dividuals; Whereas all THON activities support the Whereas the abduction of children and Theodore Roosevelt Conservation Part- mission of the Four Diamonds Fund at Penn their forced conversion into LRA fighters is nership, Whitetails Unlimited, Wildlife State Hershey Children’s Hospital, which an LRA hallmark and involves initiating Forever, and Wildlife Management In- provides financial and emotional support to children into combat through brutal meth- stitute pediatric cancer patients and their families ods and brainwashing and subjects girls to NAWCA was first enacted in 1989 and and funds research on pediatric cancer; forced sexual slavery and servitude; incentivizes non-federal contributions Whereas, each year, THON is the largest Whereas the governments of those coun- to maintain and restore wetland habi- donor to the Four Diamonds Fund at Penn tries most affected by the LRA’s reign of ter- ror for over twenty years, including Uganda, tat throughout North America. Since State Hershey Children’s Hospital, having raised more than $88,000,000 since 1977, when the Central African Republic, the Demo- its inception, each Federal dollar has cratic Republic of Congo, and what would be- been matched, on average, by $3.20 in the 2 organizations first became affiliated; Whereas, in 2012, THON set a new fund- come Southern Sudan, are leading efforts, state and private funds. Not only do raising record of $10,686,924.83, surpassing the with international support, to apprehend these funds help to support waterfowl previous record of $9,563,016.09, set in 2011; Kony and neutralize the LRA; populations that were once nearing all Whereas THON— Whereas the African Union convened a re- time lows, these voluntary projects (1) has helped more than 2,000 families gional ministerial meeting in October 2010 to also support nearly 7,500 new jobs an- through the Four Diamonds Fund; bring together countries affected by the LRA, the United Nations, and international nually. (2) is helping to build a new Pediatric Can- cer Pavilion at Penn State Hershey Chil- partners to address the LRA threat and pro- The success of this program lies in mote humanitarian assistance and develop- the fact that these projects are not top dren’s Hospital; and (3) has supported pediatric cancer research ment aid to affected populations, and subse- down regulations coming from the Fed- quently authorized, in November 2011, the that has caused some pediatric cancer sur- Regional Cooperation Initiative for the eral Government. These projects in- vival rates to increase to nearly 90 percent; Elimination of the Lord’s Resistance Army volve multiple partners from private and (RCI-LRA), with a mission to strengthen the organizations and the Federal Govern- Whereas THON has inspired similar events operational capabilities of the affected coun- ment who work together voluntarily to and organizations across the United States, tries and create an environment conducive protect and restore millions of acres of including at high schools and institutions of to stabilizing those areas; higher education, and continues to encour- wetlands. Whereas, on March 5, 2012, the nonprofit age students across the United States to vol- In my home State of Oklahoma, organization Invisible Children reinvigorated unteer and stay involved in great charitable NAWCA currently has 12 projects ei- the national and global dialogue on the LRA ther completed or underway. These causes in their communities: Now, therefore, and Kony by engaging millions of young citi- projects have conserved 26,869 acres of be it zens via creative social media and inspiring Resolved, That the Senate— wildlife habitat and leveraged $11.3 them to demand action and accountability of (1) congratulates the Pennsylvania State global leaders, which in turn has mobilized million in partner contributions. These University IFC/Panhellenic Dance Marathon projects benefit outdoor recreation, leaders within and outside of the United (referred to in this resolution as ‘‘THON’’) on States Government in support of these con- hunting and fishing, as well as boosting its continued success in support of the Four cerns; local economies. Diamonds Fund at Penn State Hershey Chil- Whereas, on March 24, 2012, the African NAWCA is a great example of how en- dren’s Hospital; and Union’s Special Envoy for the LRA, Fran- vironmental conservation should be (2) commends the Pennsylvania State Uni- cisco Madeira, and Head of the United Na- achieved. This program should put to versity students, volunteers, and supporting tion’s Regional Office for Central Africa, rest the notion that voluntary efforts organizations who worked hard to put to- Abou Moussa, launched the operational gether another record-breaking THON. aren’t successful. I would argue that phase of RCI-LRA by formally announcing these voluntary programs have been f the planned deployment of up to 5,000 sol- more successful and more cost effective SENATE RESOLUTION 412—COM- diers to advance anti-LRA and anti-Kony ef- forts, and the next day formally inaugurated than other mandatory Federal regula- MENDING THE AFRICAN UNION the Headquarters of the Regional Task Force tions. FOR COMMITTING TO A COORDI- in South Sudan to coordinate efforts to I look forward to this reauthoriza- NATED MILITARY RESPONSE, eliminate Kony and neutralize the LRA; tion moving quickly through the Sen- COMPRISED OF 5,000 TROOPS Whereas, in December 2008, Operation ate. Thank you. FROM UGANDA, THE CENTRAL Lightning Thunder, a multinational effort, f AFRICAN REPUBLIC, THE DEMO- failed to capture and kill Kony in northern Congo, and escaping LRA fighters killed SUBMITTED RESOLUTIONS CRATIC REPUBLIC OF CONGO, AND SOUTH SUDAN, IN ORDER more than 800 civilians, abducted at least 160 children, and pillaged villages en route to TO FORTIFY ONGOING EFFORTS the Central African Republic in an incident SENATE RESOLUTION 411—CON- TO ARREST JOSEPH KONY AND known as the Christmas Massacres, accord- GRATULATING THE PENNSYL- SENIOR COMMANDERS OF THE ing to Human Rights Watch; and VANIA STATE UNIVERSITY IFC/ LORD’S RESISTANCE ARMY AND Whereas enhanced international and re- PANHELLENIC DANCE MARA- TO STOP THE CRIMES AGAINST gional cooperation and coordination are nec- THON ON ITS CONTINUED SUC- HUMANITY AND MASS ATROC- essary to apprehend Kony and LRA leaders CESS IN SUPPORT OF THE FOUR ITIES COMMITTED BY THEM while protecting civilian populations against devastating retaliatory attacks: Now, there- DIAMONDS FUND AT PENN Ms. LANDRIEU (for herself and Mr. fore, be it STATE HERSHEY CHILDREN’S BROWN of Ohio) submitted the fol- Resolved, That the Senate— HOSPITAL lowing resolution; which was referred (1) commends the African Union for com- Mr. CASEY submitted the following to the Committee on Foreign Rela- mitting to enhanced troop deployments that resolution; which was referred to the tions: will fortify the military response to the Lord’s Resistance Army, in coordination Committee on the Judiciary: S. RES. 412 with the Governments of Uganda, the Cen- S. RES. 411 Whereas the Lord’s Resistance Army tral African Republic, the Democratic Re- Whereas the Pennsylvania State Univer- (LRA) is one of Africa’s oldest and most vio- public of Congo, and the Republic of South sity IFC/Panhellenic Dance Marathon (re- lent armed groups, responsible for commit- Sudan, in order to strengthen ongoing efforts

VerDate Mar 15 2010 05:05 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.043 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2258 CONGRESSIONAL RECORD — SENATE March 29, 2012

to arrest Joseph Kony and senior com- tism, resulting in marked functional impair- S. RES. 414 manders of the Lord’s Resistance Army; ment in all activities of daily living; Whereas the University of North Carolina (2) supports increasing collaboration and Whereas these conditions may include epi- at Pembroke (referred to in this preamble as coordination between the African Union and lepsy, Down syndrome, fragile X syndrome, ‘‘the University’’) was founded on March 7, the Governments of Uganda, the Central Af- gastrointestinal problems, immune-system 1887, in Robeson County, North Carolina by rican Republic, the Democratic Republic of disorders, sleep disturbance, sensory integra- an act of the General Assembly of North Congo, and the Republic of South Sudan so tion dysfunction, and metabolic disorders; Carolina; that together they may swiftly and effec- Whereas many individuals on the autism Whereas the University, originally named tively implement RCI-LRA and bring Kony’s spectrum face co-occurring mental-health the Croatan Normal School, was created in criminal spree to an end; challenges, including anxiety, obsessive com- response to a petition from the Indian people (3) supports ongoing efforts by members of pulsions, and depression; of Robeson County; the United States Armed Forces currently Whereas individuals living with autism are Whereas the University was founded for deployed to serve as advisors to and partners highly valued and deserve the highest level the purpose of training American Indian of these national militaries and African of dignity and acceptance by society; and school teachers; Union forces; and Whereas April 2012 would be an appropriate Whereas the University opened in the fall (4) supports continued efforts by the Sec- month to designate as National Autism of 1887 with 15 students and 1 teacher; retary of State, the Secretary of Defense, Awareness Month to increase public aware- Whereas the University moved to its and other representatives of the United ness of the need to support individuals with present location in Pembroke, North Caro- States Government to work with partner na- autism and the family members and medical lina in 1909; tions and the international community to professionals who care for individuals with Whereas a 2-year program beyond high strengthen the operational capabilities of autism: Now, therefore, be it school was added to the University in 1926; African Union and other regional military Resolved, That the Senate— Whereas the length of the program of col- forces deployed as part of RCI-LRA to pro- (1) expresses support designating April 2012 lege studies at the University was extended tect civilians and neutralize the leadership as National Autism Awareness Month; to 4 years in 1939; of the Lord’s Resistance Army. (2) recognizes and commends both individ- Whereas, in 1941, the General Assembly of f uals living with autism and the parents and North Carolina changed the name of the Uni- relatives of those individuals for the sac- SENATE RESOLUTION 413—SUP- versity to Pembroke State College for Indi- rifice and dedication in providing for the spe- ans; PORTING THE DESIGNATION OF cial needs of autistic individuals and for ab- Whereas, until 1953, the University was the APRIL 2012 AS NATIONAL AUTISM sorbing financial costs for specialized edu- only State-supported 4-year college for Indi- AWARENESS MONTH cation, medical clinical interventions, and ans in the United States; support services; Mr. CASEY submitted the following Whereas, in 1969, the General Assembly of (3) recognizes that— North Carolina changed the name of the Uni- resolution; which was referred to the (A) autism is a major public health crisis Committee on Health, Education, versity to Pembroke State University and that is taking an enormous toll on millions made the University a regional State univer- Labor, and Pensions: of families who need answers that can come sity that provided instruction at both the S. RES. 413 only through further research; undergraduate level and the graduate level; Whereas autism is a general term used to (B) meeting the education, employment, Whereas, in 1972, the General Assembly of describe a group of complex developmental and service-provision needs of individuals on North Carolina established the 17-campus brain disorders known as pervasive develop- the autism spectrum is a clear and compel- University of North Carolina system and mental disorders, commonly known as au- ling public policy issue that requires a rapid made Pembroke State University 1 of the tism spectrum disorders; national response; and constituent institutions of the system; Whereas autism is a neurodevelopmental (C) individuals and families are desperate Whereas, on July 1, 1996, Pembroke State disorder that results in difficulties with to access services that are, at this point, in- University became the University of North communication and social interaction, as adequate to meet the current and growing Carolina at Pembroke; well as repetitive behaviors; needs of individuals with autism; Whereas, today, approximately 6,000 stu- Whereas autism affects individuals dif- (4) stresses the need to begin early inter- dents from diverse backgrounds are enrolled ferently, mildly affecting some and signifi- vention services soon after a child has been in 41 undergraduate programs and 17 grad- cantly disabling others; diagnosed with autism, noting that there is uate programs at the University of North Whereas according to a 2012 report pub- a strong consensus that intensive treatment Carolina at Pembroke; and lished by the Centers for Disease Control and as soon as possible following diagnosis can Whereas March 7, 2012, marks the 125th an- Prevention, as of 2008, autism affects an esti- significantly improve cognitive functioning, niversary of the founding of the University mated 1 in every 88 children in the United language, and adaptive behavior, reduce the of North Carolina at Pembroke: Now, there- States, including 1 in 54 boys, which is a 23 cost of lifetime care, and yield the most fore, be it percent increase from 2006; positive life outcomes for children with au- Resolved, That the Senate commemorates Whereas autism is 4 times more likely to tism; the 125th anniversary of the University of be diagnosed in boys than in girls; (5) recognizes— North Carolina at Pembroke. Whereas autism can affect anyone regard- (A) the importance of assistance in the areas of comprehensive early intervention, less of race, ethnicity, or other factors; f Whereas the lifetime incremental cost of health, recreation, job training, employ- caring for a person with autism is $3,200,000; ment, housing, transportation, and early, Whereas the cost nationally of caring for primary, and secondary education; and SENATE RESOLUTION 415—DESIG- persons affected by autism is estimated to be (B) that with access to, and assistance NATING APRIL 4, 2012, AS ‘‘NA- at least $90,000,000,000 per year; with, this type of service and support, indi- TIONAL ASSOCIATION OF JUNIOR viduals with autism can live rich, full, and Whereas the number of autistic adults AUXILIARIES DAY’’ grows daily and, absent fundamental break- productive lives; throughs, will continue to increase in the (6) recognizes that services for Mr. WICKER (for himself and Mr. years and decades ahead; transitioning youth and adults with autism PRYOR) submitted the following resolu- Whereas it is both a moral and fiscal im- are an especially pressing need, as are serv- tion; which was considered and agreed perative that services be made available that ices that enhance the safety of individuals to: maximize the potential of each unique adult with autism of any age; and living with autism to contribute to the (7) recognizes that by providing adequate S. RES. 415 greatest extent possible to the society and service and support at crucial points in life, Whereas the National Association of Jun- economy of the United States; adults with autism can become tax-paying ior Auxiliaries and the members of the Na- Whereas it is well established that early citizens with productive and rewarding lives. tional Association of Junior Auxiliaries pro- intervention can improve outcomes by sig- f vide valuable service and leadership opportu- nificantly improving the cognitive, lan- nities for women who wish to take an active guage, and adaptive skills of people with au- SENATE RESOLUTION 414—COM- role in their communities; tism; MEMORATING THE 125TH ANNI- Whereas the mission of the National Asso- Whereas the promise of early intervention VERSARY OF THE UNIVERSITY ciation of Junior Auxiliaries is to encourage is not being realized as close to 80 percent of OF NORTH CAROLINA AT PEM- member chapters to render charitable serv- adults with autism, even those without an BROKE ices that— intellectual disability, are unemployed and (1) are beneficial to the general public; and living at home with relatives rather than Mr. BURR (for himself and Mrs. (2) place a particular emphasis on pro- independently; HAGAN) submitted the following resolu- viding for the needs of children; and Whereas a variety of physical, medical, and tion; which was considered and agreed Whereas since the founding of the National mental-health issues may accompany au- to: Association of Junior Auxiliaries in 1941, the

VerDate Mar 15 2010 05:05 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.045 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2259 organization has provided strength and in- SENATE RESOLUTION 417—SUP- SENATE CONCURRENT RESOLU- spiration to women who want to effect posi- PORTING THE GOALS AND TION 37—SETTING FORTH THE tive change in their communities: Now, IDEALS OF NATIONAL PUBLIC CONGRESSIONAL BUDGET FOR therefore, be it Resolved, That the Senate— HEALTH WEEK THE UNITED STATES GOVERN- (1) designates April 4, 2012, as ‘‘National MENT FOR FISCAL YEAR 2013, Association of Junior Auxiliaries Day’’; Mr. MERKLEY (for himself, Mrs. AND SETTING FORTH THE AP- (2) recognizes the great contributions made FEINSTEIN, Mr. UDALL of New Mexico, PROPRIATE BUDGETARY LEVELS by members of the National Association of Mr. AKAKA, Mr. COONS, Mr. TESTER, Mr. FOR FISCAL YEARS 2014 Junior Auxiliaries to their communities and WYDEN, Mr. BEGICH, Mr. BROWN of Ohio, THROUGH 2022 to the people of the United States; and (3) especially commends the work of the and Mr. JOHNSON of South Dakota) sub- Mr. TOOMEY (for himself, Mr. VIT- members of the National Association of Jun- mitted the following resolution; which TER, Mr. LEE, Mr. DEMINT, Mr. COBURN, ior Auxiliaries to better the lives of children was referred to the Committee on Mr. BURR, Mr. KYL, and Mr. RISCH) sub- in the United States. Health, Education, Labor, and Pen- mitted the following concurrent resolu- f sions: tion; which was referred to the Com- mittee on the Budget: SENATE RESOLUTION 416—SUP- S. RES. 417 PORTING THE DESIGNATION OF S. CON. RES. 37 Whereas the week of April 2, 2012, through APRIL AS PARKINSON’S AWARE- Resolved by the Senate (the House of Rep- April 8, 2012, is National Public Health Week; resentatives concurring), NESS MONTH Whereas the theme for National Public SECTION 1. CONCURRENT RESOLUTION ON THE Ms. STABENOW (for herself, Mr. Health Week in 2012 is ‘‘A Healthier America BUDGET FOR FISCAL YEAR 2013. UDALL of Colorado, Mr. JOHANNS, Mr. Begins Today: Join the Movement’’; (a) DECLARATION.—Congress declares that ISAKSON, Mr. BROWN of Ohio, Ms. LAN- Whereas since 1995, public health organiza- this resolution is the concurrent resolution DRIEU, and Mrs. HUTCHISON) submitted tions have used National Public Health Week on the budget for fiscal year 2013 and that the following resolution; which was to educate the public, policymakers, and this resolution sets forth the appropriate considered and agreed to: public health professionals about issues that budgetary levels for fiscal years 2014 through S. RES. 416 are important to improving the health of 2022. people in the United States; (b) TABLE OF CONTENTS.—The table of con- Whereas Parkinson’s disease is the second Whereas preventing diseases and injuries is tents for this concurrent resolution is as fol- most common neurodegenerative disease in critical to helping people live longer, lows: the United States, second only to Alz- heimer’s disease; healthier lives while managing health-re- Sec. 1. Concurrent resolution on the budget Whereas there is inadequate comprehen- lated costs; for fiscal year 2013. sive data on the incidence and prevalence of Whereas chronic diseases, such as heart TITLE I—RECOMMENDED LEVELS AND Parkinson’s disease, as of 2011, it is esti- disease, cancer, and diabetes are responsible AMOUNTS mated that the disease affects from 500,000 to for millions of premature deaths and cause Sec. 101. Recommended levels and amounts. 1,500,000 people in the United States; the people in the United States to miss Sec. 102. Social Security. Whereas although research suggests the 2,500,000,000 days of work each year, resulting Sec. 103. Postal Service discretionary ad- cause of Parkinson’s disease is a combina- in lost productivity totaling more than ministrative expenses. tion of genetic and environmental factors, $1,000,000,000,000; Sec. 104. Major functional categories. the exact cause and progression of the dis- Whereas in 2012, people in the United TITLE II—RESERVE FUNDS ease is still unknown; States are living 78 years on average, but Sec. 201. Deficit-reduction reserve fund for Whereas there is no objective test for Par- only 69 of these years are spent in good improper payments. kinson’s disease, and the rate of misdiag- health; nosis can be high; Whereas despite providing some of the best TITLE III—BUDGET PROCESS Whereas symptoms of Parkinson’s disease health care in the world, the United States Subtitle A—Budget Enforcement vary from person to person and include trem- still ranks below many countries in life ex- Sec. 301. Discretionary spending limits for ors, slowness, difficulty with balance, swal- pectancy, infant mortality, and many other fiscal years 2013 through 2022. lowing, chewing, speaking, rigidity, cog- indicators of healthy life; Sec. 302. Point of order against advance ap- nitive problems, dementia, mood disorders, Whereas studies have shown that small propriations. such as depression and anxiety, constipation, strategic investments in prevention could re- Sec. 303. Emergency legislation. skin problems, and sleep disruptions; sult in significant savings in health-care Sec. 304. Adjustments for the extension of Whereas medications mask some symp- certain current policies. toms of Parkinson’s disease for a limited costs; and Whereas in communities across the United Sec. 305. Budgetary treatment of certain dis- amount of time each day, often with dose- cretionary administrative ex- limiting side effects; States, more people are changing the way they care for their health by avoiding to- penses. Whereas ultimately the medications and Sec. 306. Application and effect of changes bacco use, eating healthier, becoming more treatments lose their effectiveness, gen- in allocations and aggregates. physically active, and preventing uninten- erally after 4 to 8 years, leaving the person Sec. 307. Adjustments to reflect changes in tional injuries at home and in the workplace: unable to move, speak, or swallow; concepts and definitions. Whereas there is no cure, therapy, or drug Now, therefore, be it Sec. 308. Exercise of rulemaking powers. to slow or halt the progression of Parkin- Resolved, That the Senate— son’s disease; and TITLE I—RECOMMENDED LEVELS AND (1) supports the goals and ideals of Na- Whereas increased education and research AMOUNTS tional Public Health Week; are needed to help find more effective treat- SEC. 101. RECOMMENDED LEVELS AND (2) recognizes the efforts of public-health ments with fewer side effects and, ulti- AMOUNTS. mately, an effective treatment or cure for professionals, the Federal Government, The following budgetary levels are appro- Parkinson’s disease: Now, therefore, be it States, municipalities, local communities, priate for each of fiscal years 2013 through Resolved, That the Senate— and every person in the United States in pre- 2022: (1) supports the designation of April as venting disease and injury; (1) FEDERAL REVENUES.—For purposes of Parkinson’s Awareness Month; (3) recognizes the role of public health in the enforcement of this resolution: (2) supports the goals and ideals of Parkin- improving the health of people in the United (A) The recommended levels of Federal son’s Awareness Month; States; revenues are as follows: (3) continues to support research to find (4) encourages increased efforts and re- Fiscal year 2013: $2,060,819,000,000. better treatments, and eventually, a cure for sources to improve the health of people in Fiscal year 2014: $2,222,217,000,000. Parkinson’s disease; the United States through— Fiscal year 2015: $2,462,866,000,000. (4) recognizes the people living with Par- (A) strategies to promote community Fiscal year 2016: $2,651,643,000,000. kinson’s who participate in vital clinical health and prevent disease and injury; and Fiscal year 2017: $2,812,231,000,000. trials to advance knowledge of the disease; (B) strengthening of the public health sys- Fiscal year 2018: $2,947,218,000,000. and tem of the United States; and Fiscal year 2019: $3,089,164,000,000. (5) commends the dedication of local and (5) encourages the people of the United Fiscal year 2020: $3,244,913,000,000. regional organizations, volunteers, and mil- Fiscal year 2021: $3,407,296,000,000. States to learn about the role of the public lions of Americans across the country work- Fiscal year 2022: $3,575,255,000,000. health system in improving health in the ing to improve the quality of life of persons (B) The amounts by which the aggregate United States. living with Parkinson’s disease and their levels of Federal revenues should be changed families. are as follows:

VerDate Mar 15 2010 05:05 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.053 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2260 CONGRESSIONAL RECORD — SENATE March 29, 2012 Fiscal year 2013: –$232,519,000,000. Fiscal year 2014: $731,427,000,000. (A) New budget authority, $270,000,000. Fiscal year 2014: –$328,967,000,000. Fiscal year 2015: $772,640,000,000. (B) Outlays, $270,000,000. Fiscal year 2015: –$353,418,000,000. Fiscal year 2016: $821,698,000,000. Fiscal year 2020: Fiscal year 2016: –$364,462,000,000. Fiscal year 2017: $872,014,000,000. (A) New budget authority, $280,000,000. Fiscal year 2017: –$382,107,000,000. Fiscal year 2018: $919,303,000,000. (B) Outlays, $280,000,000. Fiscal year 2018: –$405,071,000,000. Fiscal year 2019: $965,008,000,000. Fiscal year 2021: Fiscal year 2019: –$429,409,000,000. Fiscal year 2020: $1,010,593,000,000. (A) New budget authority, $290,000,000. Fiscal year 2020: –$463,107,000,000. Fiscal year 2021: $1,055,547,000,000. (B) Outlays, $290,000,000. Fiscal year 2021: –$499,656,000,000. Fiscal year 2022: $1,102,093,000,000. Fiscal year 2022: Fiscal year 2022: –$540,226,000,000. (b) SOCIAL SECURITY OUTLAYS.—For pur- (A) New budget authority, $290,000,000. poses of Senate enforcement under sections (2) NEW BUDGET AUTHORITY.—For purposes (B) Outlays, $290,000,000. 302 and 311 of the Congressional Budget Act of the enforcement of this resolution, the ap- SEC. 104. MAJOR FUNCTIONAL CATEGORIES. propriate levels of total new budget author- of 1974, the amounts of outlays of the Fed- eral Old-Age and Survivors Insurance Trust Congress determines and declares that the ity are as follows: appropriate levels of new budget authority Fiscal year 2013: $2,843,410,000,000. Fund and the Federal Disability Insurance Trust Fund are as follows: and outlays for fiscal years 2013 through 2022 Fiscal year 2014: $2,740,320,000,000. for each major functional category are: Fiscal year 2015: $2,759,701,000,000. Fiscal year 2013: $759,733,000,000. Fiscal year 2014: $824,066,000,000. (1) National Defense (050): Fiscal year 2016: $2,864,230,000,000. Fiscal year 2015: $865,245,000,000. Fiscal year 2013: Fiscal year 2017: $2,939,983,000,000. Fiscal year 2016: $909,347,000,000. (A) New budget authority, $553,906,000,000. Fiscal year 2018: $3,016,732,000,000. Fiscal year 2017: $959,079,000,000. (B) Outlays, $587,915,000,000. Fiscal year 2019: $3,164,003,000,000. Fiscal year 2018: $1,013,231,000,000. Fiscal year 2014: Fiscal year 2020: $3,285,545,000,000. Fiscal year 2019: $1,072,290,000,000. (A) New budget authority, $564,056,000,000. Fiscal year 2021: $3,393,042,000,000. Fiscal year 2020: $1,136,188,000,000. (B) Outlays, $577,237,000,000. Fiscal year 2022: $3,561,218,000,000. Fiscal year 2021: $1,202,306,000,000. Fiscal year 2015: (3) BUDGET OUTLAYS.—For purposes of the Fiscal year 2022: $1,271,585,000,000. (A) New budget authority, $574,318,000,000. enforcement of this resolution, the appro- (c) SOCIAL SECURITY ADMINISTRATIVE EX- (B) Outlays, $573,792,000,000. priate levels of total budget outlays are as PENSES.—In the Senate, the amounts of new Fiscal year 2016: follows: budget authority and budget outlays of the (A) New budget authority, $585,563,000,000. Fiscal year 2013: $2,883,512,000,000. Federal Old-Age and Survivors Insurance (B) Outlays, $584,659,000,000. Fiscal year 2014: $2,759,155,000,000. Trust Fund and the Federal Disability Insur- Fiscal year 2017: Fiscal year 2015: $2,755,846,000,000. ance Trust Fund for administrative expenses (A) New budget authority, $598,824,000,000. Fiscal year 2016: $2,860,688,000,000. are as follows: (B) Outlays, $590,418,000,000. Fiscal year 2017: $2,920,044,000,000. Fiscal year 2013: Fiscal year 2018: Fiscal year 2018: $2,995,110,000,000. (A) New budget authority, $5,767,000,000. (A) New budget authority, $612,080,000,000. Fiscal year 2019: $3,133,308,000,000. (B) Outlays, $5,879,000,000. (B) Outlays, $605,148,000,000. Fiscal year 2020: $3,240,510,000,000. Fiscal year 2014: Fiscal year 2019: Fiscal year 2021: $3,361,584,000,000. (A) New budget authority, $6,005,000,000. (A) New budget authority, $625,346,000,000. Fiscal year 2022: $3,529,438,000,000. (B) Outlays, $6,010,000,000. (B) Outlays, $618,413,000,000. (4) DEFICITS(ON-BUDGET).—For purposes of Fiscal year 2015: Fiscal year 2020: the enforcement of this resolution, the (A) New budget authority, $6,075,000,000. (A) New budget authority, $639,645,000,000. amounts of the deficits are as follows: (B) Outlays, $6,060,000,000. (B) Outlays, $629,709,000,000. Fiscal year 2013: $822,692,000,000. Fiscal year 2016: Fiscal year 2021: Fiscal year 2014: $536,938,000,000. (A) New budget authority, $6,100,000,000. (A) New budget authority, $653,946,000,000. Fiscal year 2015: $292,980,000,000. (B) Outlays, $6,120,000,000. (B) Outlays, $641,009,000,000. Fiscal year 2016: $209,045,000,000. Fiscal year 2017: Fiscal year 2022: Fiscal year 2017: $107,812,000,000. (A) New budget authority, $6,120,000,000. (A) New budget authority, $664,275,000,000. Fiscal year 2018: $47,892,000,000. (B) Outlays, $6,110,000,000. (B) Outlays, $653,333,000,000. Fiscal year 2019: $44,144,000,000. Fiscal year 2018: (2) International Affairs (150): Fiscal year 2020: –$4,403,000,000. (A) New budget authority, $6,140,000,000. Fiscal year 2013: Fiscal year 2021: –$45,712,000,000. (B) Outlays, $6,130,000,000. (A) New budget authority, $26,373,000,000. Fiscal year 2022: –$45,817,000,000. Fiscal year 2019: (B) Outlays, $36,907,000,000. (5) PUBLIC DEBT.—Pursuant to section (A) New budget authority, $6,150,000,000. Fiscal year 2014: 301(a)(5) of the Congressional Budget Act of (B) Outlays, $6,120,000,000. (A) New budget authority, $24,356,000,000. 1974, the appropriate levels of the public debt Fiscal year 2020: (B) Outlays, $26,031,000,000. are as follows: (A) New budget authority, $6,170,000,000. Fiscal year 2015: Fiscal year 2013: $16,899,735,000,000. (B) Outlays, $6,150,000,000. (A) New budget authority, $20,850,000,000. Fiscal year 2014: $17,623,701,000,000. Fiscal year 2021: (B) Outlays, $21,977,000,000. Fiscal year 2015: $18,107,497,000,000. (A) New budget authority, $6,190,000,000. Fiscal year 2016: Fiscal year 2016: $18,496,863,000,000. (B) Outlays, $6,170,000,000. (A) New budget authority, $18,951,000,000. Fiscal year 2017: $18,791,789,000,000. Fiscal year 2022: (B) Outlays, $21,968,000,000. Fiscal year 2018: $19,055,263,000,000. (A) New budget authority, $6,230,000,000. Fiscal year 2017: Fiscal year 2019: $19,364,135,000,000. (B) Outlays, $6,220,000,000. (A) New budget authority, $20,534,000,000. Fiscal year 2020: $19,655,060,000,000. SEC. 103. POSTAL SERVICE DISCRETIONARY AD- (B) Outlays, $22,351,000,000. Fiscal year 2021: $19,829,669,000,000. MINISTRATIVE EXPENSES. Fiscal year 2018: Fiscal year 2022: $20,012,601,000,000. In the Senate, the amounts of new budget (A) New budget authority, $21,570,000,000. (6) DEBT HELD BY THE PUBLIC.—The appro- authority and budget outlays of the Postal (B) Outlays, $22,387,000,000. priate levels of debt held by the public are as Service for discretionary administrative ex- Fiscal year 2019: follows: penses are as follows: (A) New budget authority, $21,587,000,000. Fiscal year 2013: $12,263,719,000,000. Fiscal year 2013: (B) Outlays, $20,726,000,000. Fiscal year 2014: $12,888,838,000,000. (A) New budget authority, $260,000,000. Fiscal year 2020: Fiscal year 2015: $13,276,755,000,000. (B) Outlays, $260,000,000. (A) New budget authority, $21,571,000,000. Fiscal year 2016: $13,567,838,000,000. Fiscal year 2014: (B) Outlays, $19,641,000,000. Fiscal year 2017: $13,754,302,000,000. (A) New budget authority, $260,000,000. Fiscal year 2021: Fiscal year 2018: $13,878,371,000,000. (B) Outlays, $260,000,000. (A) New budget authority, $21,726,000,000. Fiscal year 2019: $14,000,008,000,000. Fiscal year 2015: (B) Outlays, $19,594,000,000. Fiscal year 2020: $14,081,861,000,000. (A) New budget authority, $260,000,000. Fiscal year 2022: Fiscal year 2021: $14,055,939,000,000. (B) Outlays, $260,000,000. (A) New budget authority, $22,150,000,000. Fiscal year 2022: $14,049,329,000,000. Fiscal year 2016: (B) Outlays, $19,958,000,000. SEC. 102. SOCIAL SECURITY. (A) New budget authority, $260,000,000. (3) General Science, Space, and Technology (a) SOCIAL SECURITY REVENUES.—For pur- (B) Outlays, $260,000,000. (250): poses of Senate enforcement under sections Fiscal year 2017: Fiscal year 2013: 302 and 311 of the Congressional Budget Act (A) New budget authority, $260,000,000. (A) New budget authority, $25,020,000,000. of 1974, the amounts of revenues of the Fed- (B) Outlays, $260,000,000. (B) Outlays, $27,356,000,000. eral Old-Age and Survivors Insurance Trust Fiscal year 2018: Fiscal year 2014: Fund and the Federal Disability Insurance (A) New budget authority, $270,000,000. (A) New budget authority, $25,200,000,000. Trust Fund are as follows: (B) Outlays, $270,000,000. (B) Outlays, $26,215,000,000. Fiscal year 2013: $675,120,000,000. Fiscal year 2019: Fiscal year 2015:

VerDate Mar 15 2010 05:05 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.054 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2261 (A) New budget authority, $25,150,000,000. (A) New budget authority, $20,359,000,000. Fiscal year 2022: (B) Outlays, $25,420,000,000. (B) Outlays, $23,551,000,000. (A) New budget authority, $77,753,000,000. Fiscal year 2016: Fiscal year 2014: (B) Outlays, $77,753,000,000. (A) New budget authority, $25,210,000,000. (A) New budget authority, $19,737,000,000. (9) Community and Regional Development (B) Outlays, $25,310,000,000. (B) Outlays, $19,688,000,000. (450): Fiscal year 2017: Fiscal year 2015: Fiscal year 2013: (A) New budget authority, $25,180,000,000. (A) New budget authority, $18,606,000,000. (A) New budget authority, $10,910,000,000. (B) Outlays, $25,160,000,000. (B) Outlays, $18,202,000,000. (B) Outlays, $18,067,000,000. Fiscal year 2018: Fiscal year 2016: Fiscal year 2014: (A) New budget authority, $25,130,000,000. (A) New budget authority, $17,235,000,000. (A) New budget authority, $11,070,000,000. (B) Outlays, $25,150,000,000. (B) Outlays, $17,184,000,000. (B) Outlays, $14,760,000,000. Fiscal year 2019: Fiscal year 2017: Fiscal year 2015: (A) New budget authority, $25,250,000,000. (A) New budget authority, $17,264,000,000. (A) New budget authority, $11,156,000,000. (B) Outlays, $25,120,000,000. (B) Outlays, $17,104,000,000. (B) Outlays, $13,652,000,000. Fiscal year 2020: Fiscal year 2018: Fiscal year 2016: (A) New budget authority, $25,120,000,000. (A) New budget authority, $17,647,000,000. (A) New budget authority, $11,180,000,000. (B) Outlays, $25,110,000,000. (B) Outlays, $17,201,000,000. (B) Outlays, $12,140,000,000. Fiscal year 2021: Fiscal year 2019: Fiscal year 2017: (A) New budget authority, $25,110,000,000. (A) New budget authority, $17,565,000,000. (A) New budget authority, $11,469,000,000. (B) Outlays, $25,140,000,000. (B) Outlays, $17,106,000,000. (B) Outlays, $11,305,000,000. Fiscal year 2022: Fiscal year 2020: Fiscal year 2018: (A) New budget authority, $25,120,000,000. (A) New budget authority, $17,771,000,000. (A) New budget authority, $11,373,000,000. (B) Outlays, $25,110,000,000. (B) Outlays, $17,436,000,000. (B) Outlays, $11,151,000,000. (4) Energy (270): Fiscal year 2021: Fiscal year 2019: Fiscal year 2013: (A) New budget authority, $16,799,000,000. (A) New budget authority, $11,328,000,000. (A) New budget authority, $4,073,000,000. (B) Outlays, $16,405,000,000. (B) Outlays, $11,120,000,000. (B) Outlays, $9,874,000,000. Fiscal year 2022: Fiscal year 2020: Fiscal year 2014: (A) New budget authority, $14,776,000,000. (A) New budget authority, $11,213,000,000. (A) New budget authority, $2,354,000,000. (B) Outlays, $14,386,000,000. (B) Outlays, $11,088,000,000. (B) Outlays, $4,854,000,000. (7) Commerce and Housing Credit (370): Fiscal year 2021: Fiscal year 2015: Fiscal year 2013: (A) New budget authority, $11,209,000,000. (A) New budget authority, $1,389,000,000. (A) New budget authority, $3,014,000,000. (B) Outlays, $11,083,000,000. (B) Outlays, $2,272,000,000. (B) Outlays, $6,719,000,000. Fiscal year 2022: Fiscal year 2016: Fiscal year 2014: (A) New budget authority, $11,094,000,000. (A) New budget authority, $1,272,000,000. (A) New budget authority, $7,953,000,000. (B) Outlays, $11,020,000,000. (B) Outlays, $1,582,000,000. (B) Outlays, –$1,763,000,000. (10) Education, Training, Employment, and Fiscal year 2017: Fiscal year 2015: Social Services (500): (A) New budget authority, $893,000,000. (A) New budget authority, $5,163,000,000. Fiscal year 2013: (B) Outlays, $1,269,000,000. (B) Outlays, ¥$5,843,000,000. (A) New budget authority, $62,036,000,000. Fiscal year 2018: Fiscal year 2016: (B) Outlays, $73,744,000,000. (A) New budget authority, $598,000,000. (A) New budget authority, $3,169,000,000. Fiscal year 2014: (B) Outlays, $454,000,000. (B) Outlays, –$11,077,000,000. (A) New budget authority, $54,249,000,000. Fiscal year 2019: Fiscal year 2017: (B) Outlays, $63,575,000,000. (A) New budget authority, $448,000,000. (A) New budget authority, $3,191,000,000. Fiscal year 2015: (B) Outlays, $424,000,000. (B) Outlays, –$12,668,000,000. (A) New budget authority, $58,206,000,000. Fiscal year 2020: Fiscal year 2018: (B) Outlays, $60,760,000,000. (A) New budget authority, $297,000,000. (A) New budget authority, $3,069,000,000. Fiscal year 2016: (B) Outlays, $166,000,000. (B) Outlays, –$13,522,000,000. (A) New budget authority, $64,259,000,000. Fiscal year 2021: Fiscal year 2019: (B) Outlays, $64,638,000,000. (A) New budget authority, $139,000,000. (A) New budget authority, $2,633,000,000. Fiscal year 2017: (B) Outlays, –$37,000,000. (B) Outlays, –$19,742,000,000. (A) New budget authority, $72,102,000,000. Fiscal year 2022: Fiscal year 2020: (B) Outlays, $70,124,000,000. (A) New budget authority, $115,000,000. (A) New budget authority, $2,416,000,000. Fiscal year 2018: (B) Outlays, –$90,000,000. (B) Outlays, –$20,586,000,000. (A) New budget authority, $74,092,000,000. (5) Natural Resources and Environment Fiscal year 2021: (B) Outlays, $74,522,000,000. (300): (A) New budget authority, $1,191,000,000. Fiscal year 2019: Fiscal year 2013: (B) Outlays, –$14,782,000,000. (A) New budget authority, $75,745,000,000. (A) New budget authority, $29,491,000,000. Fiscal year 2022: (B) Outlays, $76,082,000,000. (B) Outlays, $33,124,000,000. (A) New budget authority, $3,373,000,000. Fiscal year 2020: Fiscal year 2014: (B) Outlays, –$13,896,000,000. (A) New budget authority, $73,441,000,000. (A) New budget authority, $27,246,000,000. (8) Transportation (400): (B) Outlays, $75,069,000,000. (B) Outlays, $30,762,000,000. Fiscal year 2013: Fiscal year 2021: Fiscal year 2015: (A) New budget authority, $83,447,000,000. (A) New budget authority, $84,685,000,000. (A) New budget authority, $27,288,000,000. (B) Outlays, $83,477,000,000. (B) Outlays, $86,222,000,000. (B) Outlays, $29,079,000,000. Fiscal year 2014: Fiscal year 2022: Fiscal year 2016: (A) New budget authority, $83,714,000,000. (A) New budget authority, $85,935,000,000. (A) New budget authority, $26,336,000,000. (B) Outlays, $83,714,000,000. (B) Outlays, $87,210,000,000. (B) Outlays, $27,547,000,000. Fiscal year 2015: (11) Health (550): Fiscal year 2017: (A) New budget authority, $73,132,000,000. Fiscal year 2013: (A) New budget authority, $26,614,000,000. (B) Outlays, $73,132,000,000. (A) New budget authority, $351,276,000,000. (B) Outlays, $27,433,000,000. Fiscal year 2016: (B) Outlays, $348,874,000,000. Fiscal year 2018: (A) New budget authority, $74,224,000,000. Fiscal year 2014: (A) New budget authority, $27,123,000,000. (B) Outlays, $74,224,000,000. (A) New budget authority, $359,806,000,000. (B) Outlays, $27,235,000,000. Fiscal year 2017: (B) Outlays, $350,469,000,000. Fiscal year 2019: (A) New budget authority, $75,369,000,000. Fiscal year 2015: (A) New budget authority, $27,100,000,000. (B) Outlays, $75,369,000,000. (A) New budget authority, $355,012,000,000. (B) Outlays, $26,990,000,000. Fiscal year 2018: (B) Outlays, $351,167,000,000. Fiscal year 2020: (A) New budget authority, $75,471,000,000. Fiscal year 2016: (A) New budget authority, $27,091,000,000. (B) Outlays, $75,471,000,000. (A) New budget authority, $337,600,000,000. (B) Outlays, $26,965,000,000. Fiscal year 2019: (B) Outlays, $341,489,000,000. Fiscal year 2021: (A) New budget authority, $75,491,000,000. Fiscal year 2017: (A) New budget authority, $26,233,000,000. (B) Outlays, $75,491,000,000. (A) New budget authority, $340,444,000,000. (B) Outlays, $26,415,000,000. Fiscal year 2020: (B) Outlays, $343,524,000,000. Fiscal year 2022: (A) New budget authority, $76,594,000,000. Fiscal year 2018: (A) New budget authority, $25,101,000,000. (B) Outlays, $76,594,000,000. (A) New budget authority, $349,829,000,000. (B) Outlays, $24,779,000,000. Fiscal year 2021: (B) Outlays, $350,156,000,000. (6) Agriculture (350): (A) New budget authority, $76,679,000,000. Fiscal year 2019: Fiscal year 2013: (B) Outlays, $76,679,000,000. (A) New budget authority, $356,785,000,000.

VerDate Mar 15 2010 05:05 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.054 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2262 CONGRESSIONAL RECORD — SENATE March 29, 2012 (B) Outlays, $357,360,000,000. Fiscal year 2018: (A) New budget authority, $21,490,000,000. Fiscal year 2020: (A) New budget authority, $47,590,000,000. (B) Outlays, $21,737,000,000. (A) New budget authority, $374,642,000,000. (B) Outlays, $47,590,000,000. Fiscal year 2017: (B) Outlays, $364,901,000,000. Fiscal year 2019: (A) New budget authority, $21,037,000,000. Fiscal year 2021: (A) New budget authority, $52,429,000,000. (B) Outlays, $21,077,000,000. (A) New budget authority, $372,368,000,000. (B) Outlays, $52,429,000,000. Fiscal year 2018: (B) Outlays, $372,596,000,000. Fiscal year 2020: (A) New budget authority, $21,163,000,000. Fiscal year 2022: (A) New budget authority, $57,425,000,000. (B) Outlays, $21,155,000,000. (A) New budget authority, $381,779,000,000. (B) Outlays, $57,425,000,000. Fiscal year 2019: (B) Outlays, $381,829,000,000. Fiscal year 2021: (A) New budget authority, $21,284,000,000. (12) Medicare (570): (A) New budget authority, $62,604,000,000. (B) Outlays, $21,310,000,000. Fiscal year 2013: (B) Outlays, $62,604,000,000. Fiscal year 2020: (A) New budget authority, $522,984,000,000. Fiscal year 2022: (A) New budget authority, $21,297,000,000. (B) Outlays, $522,403,000,000. (A) New budget authority, $68,079,000,000. (B) Outlays, $21,417,000,000. Fiscal year 2014: (B) Outlays, $68,079,000,000. Fiscal year 2021: (A) New budget authority, $548,036,000,000. (15) Veterans Benefits and Services (700): (A) New budget authority, $21,403,000,000. (B) Outlays, $547,168,000,000. Fiscal year 2013: (B) Outlays, $21,376,000,000. Fiscal year 2015: (A) New budget authority, $134,495,000,000. Fiscal year 2022: (A) New budget authority, $572,325,000,000. (B) Outlays, $133,755,000,000. (A) New budget authority, $21,500,000,000. (B) Outlays, $571,965,000,000. Fiscal year 2014: (B) Outlays, $21,477,000,000. Fiscal year 2016: (A) New budget authority, $136,990,000,000. (18) Net Interest (900): (A) New budget authority, $621,067,000,000. (B) Outlays, $136,084,000,000. Fiscal year 2013: (B) Outlays, $620,947,000,000. Fiscal year 2015: (A) New budget authority, $356,871,000,000. Fiscal year 2017: (A) New budget authority, $139,829,000,000. (B) Outlays, $356,871,000,000. (A) New budget authority, $639,206,000,000. (B) Outlays, $139,039,000,000. Fiscal year 2014: (B) Outlays, $638,574,000,000. Fiscal year 2016: (A) New budget authority, $372,006,000,000. Fiscal year 2018: (A) New budget authority, $148,058,000,000. (B) Outlays, $372,006,000,000. (A) New budget authority, $662,055,000,000. (B) Outlays, $147,074,000,000. Fiscal year 2015: (B) Outlays, $661,696,000,000. Fiscal year 2017: (A) New budget authority, $406,919,000,000. Fiscal year 2019: (A) New budget authority, $146,491,000,000. (B) Outlays, $406,919,000,000. (A) New budget authority, $724,868,000,000. (B) Outlays, $145,327,000,000. Fiscal year 2016: (B) Outlays, $724,716,000,000. Fiscal year 2018: (A) New budget authority, $460,941,000,000. Fiscal year 2020: (A) New budget authority, $144,633,000,000. (B) Outlays, $460,941,000,000. (A) New budget authority, $777,760,000,000. (B) Outlays, $143,406,000,000. Fiscal year 2017: (B) Outlays, $777,070,000,000. Fiscal year 2019: (A) New budget authority, $515,503,000,000. Fiscal year 2021: (A) New budget authority, $153,640,000,000. (B) Outlays, $515,503,000,000. (A) New budget authority, $830,549,000,000. (B) Outlays, $152,378,000,000. Fiscal year 2018: (B) Outlays, $830,135,000,000. Fiscal year 2020: (A) New budget authority, $553,551,000,000. Fiscal year 2022: (A) New budget authority, $157,369,000,000. (B) Outlays, $553,551,000,000. (A) New budget authority, $917,881,000,000. (B) Outlays, $156,086,000,000. Fiscal year 2019: (B) Outlays, $917,837,000,000. Fiscal year 2021: (A) New budget authority, $599,832,000,000. (13) Income Security (600): (A) New budget authority, $161,120,000,000. (B) Outlays, $599,832,000,000. Fiscal year 2013: (B) Outlays, $159,802,000,000. Fiscal year 2020: (A) New budget authority, $513,373,000,000. Fiscal year 2022: (A) New budget authority, $636,232,000,000. (B) Outlays, $515,821,000,000. (A) New budget authority, $171,001,000,000. (B) Outlays, $636,232,000,000. Fiscal year 2014: (B) Outlays, $169,302,000,000. Fiscal year 2021: (A) New budget authority, $461,277,000,000. (16) Administration of Justice (750): (A) New budget authority, $658,704,000,000. (B) Outlays, $463,340,000,000. Fiscal year 2013: (B) Outlays, $658,704,000,000. Fiscal year 2015: (A) New budget authority, $57,081,000,000. Fiscal year 2022: (A) New budget authority, $451,283,000,000. (B) Outlays, $54,641,000,000. (A) New budget authority, $680,273,000,000. (B) Outlays, $453,210,000,000. Fiscal year 2014: (B) Outlays, $680,273,000,000. Fiscal year 2016: (A) New budget authority, $47,580,000,000. (19) Allowances (920): (A) New budget authority, $446,514,000,000. (B) Outlays, $50,298,000,000. Fiscal year 2013: (B) Outlays, $447,559,000,000. Fiscal year 2015: (A) New budget authority, $0. Fiscal year 2017: (A) New budget authority, $47,260,000,000. (B) Outlays, $0. (A) New budget authority, $432,177,000,000. (B) Outlays, $49,154,000,000. Fiscal year 2014: (B) Outlays, $432,813,000,000. Fiscal year 2016: (A) New budget authority, $0. Fiscal year 2018: (A) New budget authority, $48,935,000,000. (B) Outlays, $0. (A) New budget authority, $423,429,000,000. (B) Outlays, $50,540,000,000. Fiscal year 2015: (B) Outlays, $424,396,000,000. Fiscal year 2017: (A) New budget authority, $0. Fiscal year 2019: (A) New budget authority, $47,052,000,000. (B) Outlays, $0. (A) New budget authority, $433,742,000,000. (B) Outlays, $48,728,000,000. Fiscal year 2016: (B) Outlays, $434,038,000,000. Fiscal year 2018: (A) New budget authority, $0. Fiscal year 2020: (A) New budget authority, $46,895,000,000. (B) Outlays, $0. (A) New budget authority, $433,849,000,000. (B) Outlays, $48,529,000,000. Fiscal year 2017: (B) Outlays, $434,361,000,000. Fiscal year 2019: (A) New budget authority, $0. Fiscal year 2021: (A) New budget authority, $46,775,000,000. (B) Outlays, $0. (A) New budget authority, $438,811,000,000. (B) Outlays, $47,360,000,000. Fiscal year 2018: (B) Outlays, $438,911,000,000. Fiscal year 2020: (A) New budget authority, $0. Fiscal year 2022: (A) New budget authority, $46,691,000,000. (B) Outlays, $0. (A) New budget authority, $458,886,000,000. (B) Outlays, $46,705,000,000. Fiscal year 2019: (B) Outlays, $459,223,000,000. Fiscal year 2021: (A) New budget authority, $0. (14) Social Security (650): (A) New budget authority, $46,934,000,000. (B) Outlays, $0. Fiscal year 2013: (B) Outlays, $46,896,000,000. Fiscal year 2020: (A) New budget authority, $53,216,000,000. Fiscal year 2022: (A) New budget authority, $0. (B) Outlays, $53,216,000,000. (A) New budget authority, $51,782,000,000. (B) Outlays, $0. Fiscal year 2014: (B) Outlays, $51,510,000,000. Fiscal year 2021: (A) New budget authority, $31,892,000,000. (17) General Government (800): (A) New budget authority, $0. (B) Outlays, $31,892,000,000. Fiscal year 2013: (B) Outlays, $0. Fiscal year 2015: (A) New budget authority, $22,220,000,000. Fiscal year 2022: (A) New budget authority, $35,135,000,000. (B) Outlays, $22,962,000,000. (A) New budget authority, $0. (B) Outlays, $35,135,000,000. Fiscal year 2014: (B) Outlays, $0. Fiscal year 2016: (A) New budget authority, $21,995,000,000. (20) Undistributed Offsetting Receipts (950): (A) New budget authority, $38,953,000,000. (B) Outlays, $22,022,000,000. Fiscal year 2013: (B) Outlays, $38,953,000,000. Fiscal year 2015: (A) New budget authority, ¥$76,736,000,000. Fiscal year 2017: (A) New budget authority, $21,710,000,000. (B) Outlays, ¥$76,736,000,000. (A) New budget authority, $43,140,000,000. (B) Outlays, $21,844,000,000. Fiscal year 2014: (B) Outlays, $43,140,000,000. Fiscal year 2016: (A) New budget authority, ¥$79,197,000,000.

VerDate Mar 15 2010 05:05 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.054 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2263

(B) Outlays, ¥$79,197,000,000. (1) IN GENERAL.—Except as otherwise pro- amount not to exceed $28,500,000,000 in new Fiscal year 2015: vided in this section, it shall not be in order budget authority in each year; and (A) New budget authority, ¥$85,031,000,000. in the Senate to consider any bill or joint (2) for the Department of Veterans Affairs (B) Outlays, ¥$85,031,000,000. resolution (or amendment, motion, or con- for the Medical Services, Medical Support Fiscal year 2016: ference report on that bill or joint resolu- and Compliance, and Medical Facilities ac- (A) New budget authority, ¥$86,726,000,000. tion) that would cause the discretionary counts of the Veterans Health Administra- (B) Outlays, ¥$86,726,000,000. spending limits other than those allocated to tion. Fiscal year 2017: function 970 for war efforts overseas in this (c) SUPERMAJORITY WAIVER AND APPEAL.— (A) New budget authority, ¥$96,507,000,000. section to be exceeded. (1) WAIVER.—In the Senate, subsection (a) (B) Outlays, ¥$96,507,000,000. (2) SUPERMAJORITY WAIVER AND APPEALS.— may be waived or suspended only by an af- Fiscal year 2018: (A) WAIVER.—This subsection may be firmative vote of three-fifths of the Mem- (A) New budget authority, waived or suspended in the Senate only by bers, duly chosen and sworn. ¥$100,566,000,000. the affirmative vote of two-thirds of the (2) APPEAL.—An affirmative vote of three- (B) Outlays, ¥$100,566,000,000. Members, duly chosen and sworn. fifths of the Members of the Senate, duly Fiscal year 2019: (B) APPEALS.—Appeals in the Senate from chosen and sworn, shall be required to sus- (A) New budget authority, the decisions of the Chair relating to any tain an appeal of the ruling of the Chair on ¥$107,845,000,000. provision of this subsection shall be limited a point of order raised under subsection (a). (B) Outlays, ¥$107,845,000,000. to 1 hour, to be equally divided between, and (d) FORM OF POINT OF ORDER.—A point of Fiscal year 2020: controlled by, the appellant and the manager order under subsection (a) may be raised by (A) New budget authority, of the bill or joint resolution. An affirmative a Senator as provided in section 313(e) of the ¥$114,878,000,000. vote of two-thirds of the Members of the Congressional Budget Act of 1974. (B) Outlays, ¥$114,878,000,000. Senate, duly chosen and sworn, shall be re- (e) CONFERENCE REPORTS.—When the Sen- Fiscal year 2021: quired to sustain an appeal of the ruling of ate is considering a conference report on, or (A) New budget authority, the Chair on a point of order raised under an amendment between the Houses in rela- ¥$117,168,000,000. this subsection. tion to, a bill, upon a point of order being made by any Senator pursuant to this sec- (B) Outlays, ¥$117,168,000,000. (b) SENATE DISCRETIONARY SPENDING LIM- tion, and such point of order being sustained, Fiscal year 2022: ITS.—In the Senate and as used in this sec- such material contained in such conference (A) New budget authority, tion, the term ‘‘discretionary spending report shall be deemed stricken, and the Sen- ¥$119,655,000,000. limit’’ means— ate shall proceed to consider the question of (B) Outlays, ¥$119,655,000,000. (1) for fiscal year 2013, $985,469,000,000 in whether the Senate shall recede from its (21) Global War on Terror and Related Ac- new budget authority and $1,118,113,000,000 in amendment and concur with a further tivities (970): outlays; amendment, or concur in the House amend- Fiscal year 2013: (2) for fiscal year 2014, $995,547,000,000 in ment with a further amendment, as the case (A) New budget authority, $90,000,000,000. new budget authority and $1,079,448,000,000 in may be, which further amendment shall con- (B) Outlays, $51,000,000,000. outlays; sist of only that portion of the conference re- Fiscal year 2014: (3) for fiscal year 2015, $1,004,921,000,000 in port or House amendment, as the case may (A) New budget authority, $20,000,000,000. new budget authority and $1,053,804,000,000 in be, not so stricken. Any such motion in the (B) Outlays, $20,000,000,000. outlays; Senate shall be debatable. In any case in Fiscal year 2015: (4) for fiscal year 2016, $1,015,924,000,000 in which such point of order is sustained (A) New budget authority, $0. new budget authority and $1,060,609,000,000 in against a conference report (or Senate (B) Outlays, $0. outlays; amendment derived from such conference re- Fiscal year 2016: (5) for fiscal year 2017, $1,030,766,000,000 in port by operation of this subsection), no fur- (A) New budget authority, $0. new budget authority and $1,066,221,000,000 in ther amendment shall be in order. (B) Outlays, $0. outlays; (f) INAPPLICABILITY.—In the Senate, section Fiscal year 2017: (6) for fiscal year 2018, $1,043,364,000,000 in 402 of S. Con. Res. 13 (111th Congress) shall (A) New budget authority, $0. new budget authority and $1,080,039,000,000 in no longer apply. (B) Outlays, $0. outlays; SEC. 303. EMERGENCY LEGISLATION. Fiscal year 2018: (7) for fiscal year 2019, $1,056,286,000,000 in (a) AUTHORITY TO DESIGNATE.—In the Sen- (A) New budget authority, $0. new budget authority and $1,091,895,000,000 in ate, with respect to a provision of direct (B) Outlays, $0. outlays; spending or receipts legislation or appropria- Fiscal year 2019: (8) for fiscal year 2020, $1,069,722,000,000 in tions for discretionary accounts that Con- (A) New budget authority, $0. new budget authority and $1,104,053,000,000 in gress designates as an emergency require- (B) Outlays, $0. outlays; ment in such measure, the amounts of new Fiscal year 2020: (9) for fiscal year 2021, $1,085,565,000,000 in budget authority, outlays, and receipts in all (A) New budget authority, $0. new budget authority and $1,115,780,000,000 in fiscal years resulting from that provision (B) Outlays, $0. outlays; and shall be treated as an emergency require- Fiscal year 2021: (10) for fiscal year 2022, $1,103,426,000,000 in ment for the purpose of this section. (A) New budget authority, $0. new budget authority and $1,134,954,000,000 in (b) EXEMPTION OF EMERGENCY PROVI- (B) Outlays, $0. outlays. SIONS.—Any new budget authority, outlays, Fiscal year 2022: SEC. 302. POINT OF ORDER AGAINST ADVANCE and receipts resulting from any provision (A) New budget authority, $0. APPROPRIATIONS. designated as an emergency requirement, (B) Outlays, $0. (a) IN GENERAL.— pursuant to this section, in any bill, joint TITLE II—RESERVE FUNDS (1) POINT OF ORDER.—Except as provided in resolution, amendment, or conference report SEC. 201. DEFICIT-REDUCTION RESERVE FUND subsection (b), it shall not be in order in the shall not count for purposes of sections 302 FOR IMPROPER PAYMENTS. Senate to consider any bill, joint resolution, and 311 of the Congressional Budget Act of The Chairman of the Committee on the motion, amendment, or conference report 1974, section 201 of S. Con. Res. 21 (110th Con- Budget of the Senate may reduce the alloca- that would provide an advance appropria- gress) (relating to pay-as-you-go), section 311 tions of a committee or committees, aggre- tion. of S. Con. Res. 70 (110th Congress) (relating gates, and other appropriate levels and lim- (2) DEFINITION.—In this section, the term to long-term deficits), and section 404 of S. its in this resolution for one or more bills, ‘‘advance appropriation’’ means any new Con. Res. 13 (111th Congress) (relating to joint resolutions, amendments, motions, or budget authority provided in a bill or joint short-term deficits), and section 301 of this conference reports that achieve savings by resolution making appropriations for fiscal resolution (relating to discretionary spend- eliminating or reducing improper payments year 2012 that first becomes available for any ing). Designated emergency provisions shall and use such savings to reduce the deficit. fiscal year after 2012, or any new budget au- not count for the purpose of revising alloca- The Chairman may also make adjustments thority provided in a bill or joint resolution tions, aggregates, or other levels pursuant to to the Senate’s pay-as-you-go ledger over 6 making general appropriations or continuing procedures established under section 301(b)(7) and 11 years to ensure that the deficit reduc- appropriations for fiscal year 2013, that first of the Congressional Budget Act of 1974 for tion achieved is used for deficit reduction becomes available for any fiscal year after deficit-neutral reserve funds and revising only. The adjustments authorized under this 2013. discretionary spending limits set pursuant to section shall be of the amount of deficit re- (b) EXCEPTIONS.—Advance appropriations section 301 of this resolution. duction achieved. may be provided— (c) DESIGNATIONS.—If a provision of legisla- (1) for fiscal years 2013 and 2014 for pro- tion is designated as an emergency require- TITLE III—BUDGET PROCESS grams, projects, activities, or accounts iden- ment under this section, the committee re- Subtitle A—Budget Enforcement tified in the joint explanatory statement of port and any statement of managers accom- SEC. 301. DISCRETIONARY SPENDING LIMITS FOR managers accompanying this resolution panying that legislation shall include an ex- FISCAL YEARS 2013 THROUGH 2022. under the heading ‘‘Accounts Identified for planation of the manner in which the provi- (a) SENATE POINT OF ORDER.— Advance Appropriations’’ in an aggregate sion meets the criteria in subsection (f).

VerDate Mar 15 2010 05:05 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.054 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2264 CONGRESSIONAL RECORD — SENATE March 29, 2012

(d) DEFINITIONS.—In this section, the terms the concurrent resolution on the budget for (2) take effect upon the enactment of that ‘‘direct spending’’, ‘‘receipts’’, and ‘‘appro- fiscal year 2010, shall no longer apply. measure; and priations for discretionary accounts’’ mean SEC. 304. ADJUSTMENTS FOR THE EXTENSION OF (3) be published in the Congressional any provision of a bill, joint resolution, CERTAIN CURRENT POLICIES. Record as soon as practicable. amendment, motion, or conference report (a) ADJUSTMENT.—For the purposes of de- (b) EFFECT OF CHANGED ALLOCATIONS AND that affects direct spending, receipts, or ap- termining points of order specified in sub- AGGREGATES.—Revised allocations and ag- propriations as those terms have been de- section (b), the Chairman of the Committee gregates resulting from these adjustments fined and interpreted for purposes of the Bal- on the Budget of the Senate may adjust the shall be considered for the purposes of the anced Budget and Emergency Deficit Control estimate of the budgetary effects of a bill, Congressional Budget Act of 1974 as alloca- Act of 1985. joint resolution, amendment, motion, or con- tions and aggregates contained in this reso- (e) POINT OF ORDER.— ference report that contains one or more pro- lution. (1) IN GENERAL.—When the Senate is con- visions meeting the criteria of subsection (c) (c) BUDGET COMMITTEE DETERMINATIONS.— sidering a bill, resolution, amendment, mo- to exclude the amounts of qualifying budg- For purposes of this resolution the levels of tion, or conference report, if a point of order etary effects. new budget authority, outlays, direct spend- is made by a Senator against an emergency (b) COVERED POINTS OF ORDER.—The Chair- ing, new entitlement authority, revenues, designation in that measure, that provision man of the Committee on the Budget of the deficits, and surpluses for a fiscal year or pe- making such a designation shall be stricken Senate may make adjustments pursuant to riod of fiscal years shall be determined on from the measure and may not be offered as this section for the following points of order the basis of estimates made by the Com- an amendment from the floor. only: mittee on the Budget of the Senate. (2) SUPERMAJORITY WAIVER AND APPEALS.— (1) Section 201 of S. Con. Res. 21 (110th Con- SEC. 307. ADJUSTMENTS TO REFLECT CHANGES (A) WAIVER.—Paragraph (1) may be waived gress) (relating to pay-as-you-go). IN CONCEPTS AND DEFINITIONS. or suspended in the Senate only by an af- (2) Section 311 of S. Con. Res. 70 (110th Con- Upon the enactment of a bill or joint reso- firmative vote of three-fifths of the Mem- gress) (relating to long-term deficits). lution providing for a change in concepts or bers, duly chosen and sworn. (3) Section 404 of S. Con. Res. 13 (111th Con- definitions, the Chairman of the Committee (B) APPEALS.—Appeals in the Senate from gress) (relating to short-term deficits). on the Budget of the Senate may make ad- the decisions of the Chair relating to any (c) QUALIFYING LEGISLATION.—The Chair- justments to the levels and allocations in provision of this subsection shall be limited man of the Committee on the Budget of the this resolution in accordance with section to 1 hour, to be equally divided between, and Senate may make adjustments authorized 251(b) of the Balanced Budget and Emergency controlled by, the appellant and the manager under subsection (a) for legislation con- Deficit Control Act of 1985 (as in effect prior taining provisions that— of the bill or joint resolution, as the case to September 30, 2002). (1) amend or supersede the system for up- may be. An affirmative vote of three-fifths of SEC. 308. EXERCISE OF RULEMAKING POWERS. dating payments made under subsections the Members of the Senate, duly chosen and Congress adopts the provisions of this 1848 (d) and (f) of the Social Security Act, sworn, shall be required to sustain an appeal title— consistent with section 7(c) of the Statutory of the ruling of the Chair on a point of order (1) as an exercise of the rulemaking power Pay-As-You-Go Act of 2010 (Public Law 111– raised under this subsection. of the Senate, and as such they shall be con- 139); (3) DEFINITION OF AN EMERGENCY DESIGNA- sidered as part of the rules of the Senate and (2) amend the Estate and Gift Tax under TION.—For purposes of paragraph (1), a provi- such rules shall supersede other rules only to subtitle B of the Internal Revenue Code of sion shall be considered an emergency des- the extent that they are inconsistent with 1986, consistent with section 7(d) of the Stat- ignation if it designates any item as an such other rules; and utory Pay-As-You-Go Act of 2010; emergency requirement pursuant to this sub- (2) with full recognition of the constitu- (3) extend relief from the Alternative Min- section. tional right of the Senate to change those imum Tax for individuals under sections 55– (4) FORM OF THE POINT OF ORDER.—A point rules at any time, in the same manner, and 59 of the Internal Revenue Code of 1986, con- of order under paragraph (1) may be raised to the same extent as is the case of any other sistent with section 7(e) of the Statutory by a Senator as provided in section 313(e) of rule of the Senate. the Congressional Budget Act of 1974. Pay-As-You-Go Act of 2010; and f (5) CONFERENCE REPORTS.—When the Sen- (4) extend middle-class tax cuts made in ate is considering a conference report on, or the Economic Growth and Tax Relief Rec- SENATE CONCURRENT RESOLU- an amendment between the Houses in rela- onciliation Act of 2001 (Public Law 107–16) TION 38—PROVIDING FOR A CON- tion to, a bill, upon a point of order being and the Jobs and Growth Tax Relief and Rec- onciliation Act of 2003 (Public Law 108–27), DITIONAL ADJOURNMENT OR RE- made by any Senator pursuant to this sec- CESS OF THE SENATE AND AN tion, and such point of order being sustained, consistent with section 7(f) of the Statutory such material contained in such conference Pay-As-You-Go Act of 2010. ADJOURNMENT OF THE HOUSE report shall be deemed stricken, and the Sen- (d) LIMITATION.—The Chairman shall make OF REPRESENTATIVES ate shall proceed to consider the question of any adjustments pursuant to this section in Mr. REID (for himself and Mr. whether the Senate shall recede from its a manner consistent with the limitations de- scribed in sections 4(c) and 7(h) of the Statu- MCCONNELL) submitted the following amendment and concur with a further concurrent resolution; which was con- amendment, or concur in the House amend- tory Pay-As-You-Go Act of 2010 (Public Law ment with a further amendment, as the case 111–139). sidered and agreed to: (e) DEFINITION.—For the purposes of this may be, which further amendment shall con- S. CON. RES. 38 section, the terms ‘‘budgetary effects’’ or sist of only that portion of the conference re- Resolved by the Senate (the House of Rep- ‘‘effects’’ mean the amount by which a provi- port or House amendment, as the case may resentatives concurring), That when the Sen- sion changes direct spending or revenues rel- be, not so stricken. Any such motion in the ate recesses or adjourns on any day from ative to the baseline. Thursday, March 29, 2012, through Sunday, Senate shall be debatable. In any case in (f) SUNSET.—This section shall expire on April 1, 2012, on a motion offered pursuant to which such point of order is sustained December 31, 2011. against a conference report (or Senate this concurrent resolution by its Majority SEC. 305. BUDGETARY TREATMENT OF CERTAIN Leader or his designee, it stand recessed or amendment derived from such conference re- DISCRETIONARY ADMINISTRATIVE port by operation of this subsection), no fur- EXPENSES. adjourned until 12:00 noon on Monday, April ther amendment shall be in order. In the Senate, notwithstanding section 16, 2012, or such other time on that day as (f) CRITERIA.— 302(a)(1) of the Congressional Budget Act of may be specified by its Majority Leader or (1) IN GENERAL.—For purposes of this sec- 1974, section 13301 of the Budget Enforcement his designee in the motion to recess or ad- tion, any provision is an emergency require- Act of 1990, and section 2009a of title 39, journ, or until the time of any reassembly ment if the situation addressed by such pro- United States Code, the joint explanatory pursuant to section 2 of this concurrent reso- vision is— statement accompanying the conference re- lution, whichever occurs first; and that when (A) necessary, essential, or vital (not mere- port on any concurrent resolution on the the House adjourns on any legislative day ly useful or beneficial); budget shall include in its allocations under through Friday, April 13, 2012, on a motion (B) sudden, quickly coming into being, and section 302(a) of the Congressional Budget offered pursuant to this concurrent resolu- not building up over time; Act of 1974 to the Committees on Appropria- tion by its majority leader or his designee, it (C) an urgent, pressing, and compelling tions amounts for the discretionary adminis- stand adjourned until 2 p.m. on Monday, need requiring immediate action; trative expenses of the Social Security Ad- April 16, 2012, or until the time of any re- (D) subject to subparagraph (B), unfore- ministration and of the Postal Service. assembly pursuant to section 2 of this con- seen, unpredictable, and unanticipated; and SEC. 306. APPLICATION AND EFFECT OF current resolution, whichever occurs first. (E) not permanent, temporary in nature. CHANGES IN ALLOCATIONS AND AG- SEC. 2. The Majority Leader of the Senate (2) UNFORESEEN.—An emergency that is GREGATES. and the Speaker of the House, or their re- part of an aggregate level of anticipated (a) APPLICATION.—Any adjustments of allo- spective designees, acting jointly after con- emergencies, particularly when normally es- cations and aggregates made pursuant to sultation with the Minority Leader of the timated in advance, is not unforeseen. this resolution shall— Senate and the Minority Leader of the (g) INAPPLICABILITY.—In the Senate, sec- (1) apply while that measure is under con- House, shall notify the Members of the Sen- tion 403 of S. Con. Res. 13 (111th Congress), sideration; ate and House, respectively, to reassemble at

VerDate Mar 15 2010 05:38 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.054 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2265 such place and time as they may designate Sec. 402. Directive to the Committee on the Fiscal year 2017: ¥$111,000,000,000. if, in their opinion, the public interest shall Budget of the Senate to replace Fiscal year 2018: ¥$285,000,000,000. warrant it. the sequester established by the Fiscal year 2019: ¥$302,000,000,000. ¥ f Budget Control Act of 2011. Fiscal year 2020: $395,000,000,000. TITLE V—CONGRESSIONAL POLICY Fiscal year 2021: ¥$504,000,000,000. SENATE CONCURRENT RESOLU- CHANGES Fiscal year 2022: ¥$501,000,000,000. TION 39—SETTING FORTH THE (5) PUBLIC DEBT.—Pursuant to section Sec. 501. Policy statement on social secu- 301(a)(5) of the Congressional Budget Act of CONGRESSIONAL BUDGET FOR rity. 1974, the appropriate levels of the public debt THE UNITED STATES GOVERN- Sec. 502. Policy statement on medicare. are as follows: MENT FOR FISCAL YEAR 2013, Sec. 503. Policy statement on tax reform. REVISING THE APPROPRIATE Fiscal year 2012: $11,368,000,000,000. TITLE VI—SENSE OF CONGRESS Fiscal year 2013: $12,197,000,000,000. BUDGETARY LEVELS FOR FIS- Sec. 601. Regulatory reform. Fiscal year 2014: $12,912,000,000,000. CAL YEAR 2012, AND SETTING TITLE I—RECOMMENDED LEVELS AND Fiscal year 2015: $13,084,000,000,000. FORTH THE APPROPRIATE AMOUNTS Fiscal year 2016: $13,230,000,000,000. BUDGETARY LEVELS FOR FIS- Fiscal year 2017: $13,147,000,000,000. SEC. 101. RECOMMENDED LEVELS AND CAL YEARS 2013 THROUGH 2022 AMOUNTS. Fiscal year 2018: $12,912,000,000,000. The following budgetary levels are appro- Fiscal year 2019: $12,631,000,000,000. Mr. PAUL (for himself, Mr. DEMINT, Fiscal year 2020: $12,261,000,000,000. and Mr. LEE) submitted the following priate for each of fiscal years 2012 through 2022: Fiscal year 2021: $11,787,000,000,000. concurrent resolution; which was re- Fiscal year 2022: $11,328,000,000,000. ferred to the Committee on the Budget: (1) FEDERAL REVENUES.—For purposes of the enforcement of this resolution: (6) DEBT HELD BY THE PUBLIC.—The appro- S. CON. RES. 39 (A) The recommended levels of Federal priate levels of debt held by the public are as Resolved by the Senate (the House of Rep- revenues are as follows: follows: resentatives concurring), Fiscal year 2012: $1,896,000,000,000. Fiscal year 2012: $11,242,000,000,000. Fiscal year 2013: $12,089,000,000,000. SECTION 1. CONCURRENT RESOLUTION ON THE Fiscal year 2013: $1,615,000,000,000. BUDGET FOR FISCAL YEAR 2013. Fiscal year 2014: $1,740,000,000,000. Fiscal year 2014: $12,812,000,000,000. (a) DECLARATION.—Congress declares that Fiscal year 2015: $2,261,000,000,000. Fiscal year 2015: $12,966,000,000,000. this resolution is the concurrent resolution Fiscal year 2016: $2,406,000,000,000. Fiscal year 2016: $13,076,000,000,000. on the budget for fiscal year 2013 and that Fiscal year 2017: $2,651,000,000,000. Fiscal year 2017: $13,017,000,000,000. this resolution sets forth the appropriate Fiscal year 2018: $2,965,000,000,000. Fiscal year 2018: $12,784,000,000,000. budgetary levels for fiscal years 2013 through Fiscal year 2019: $3,186,000,000,000. Fiscal year 2019: $12,534,000,000,000. 2022. Fiscal year 2020: $3,419,000,000,000. Fiscal year 2020: $12,191,000,000,000. (b) TABLE OF CONTENTS.—The table of con- Fiscal year 2021: $3,663,000,000,000. Fiscal year 2021: $11,739,000,000,000. tents for this concurrent resolution is as fol- Fiscal year 2022: $3,822,000,000,000. Fiscal year 2022: $11,290,000,000,000. lows: (B) The amounts by which the aggregate SEC. 102. SOCIAL SECURITY. Sec. 1. Concurrent resolution on the budget levels of Federal revenues should be changed (a) SOCIAL SECURITY REVENUES.—For pur- for fiscal year 2013. are as follows: poses of Senate enforcement under sections Fiscal year 2012: ¥$23,000,000,000. 302 and 311 of the Congressional Budget Act TITLE I—RECOMMENDED LEVELS AND Fiscal year 2013: ¥$675,000,000,000. of 1974, the amounts of revenues of the Fed- AMOUNTS Fiscal year 2014: ¥$845,000,000,000. eral Old-Age and Survivors Insurance Trust Sec. 101. Recommended levels and amounts. Fiscal year 2015: ¥$537,000,000,000. Fund and the Federal Disability Insurance Sec. 102. Social Security. Fiscal year 2016: ¥$559,000,000,000. Trust Fund are as follows: Sec. 103. Major functional categories. Fiscal year 2017: ¥$521,000,000,000. Fiscal year 2012: $627,000,000,000. TITLE II—RESERVE FUNDS Fiscal year 2018: ¥$365,000,000,000. Fiscal year 2013: $698,000,000,000. Sec. 201. Deficit-reduction reserve fund for Fiscal year 2019: ¥$312,000,000,000. Fiscal year 2014: $728,000,000,000. the sale of unused or vacant Fiscal year 2020: ¥$257,000,000,000. Fiscal year 2015: $770,000,000,000. Federal properties. Fiscal year 2021: ¥$214,000,000,000. Fiscal year 2016: $819,000,000,000. Sec. 202. Deficit-reduction reserve fund for Fiscal year 2022: ¥$263,000,000,000. Fiscal year 2017: $868,000,000,000. selling excess Federal land. (2) NEW BUDGET AUTHORITY.—For purposes Fiscal year 2018: $914,000,000,000. Sec. 203. Deficit-reduction reserve fund for of the enforcement of this resolution, the ap- Fiscal year 2019: $958,000,000,000. the repeal of Davis-Bacon pre- propriate levels of total new budget author- Fiscal year 2020: $1,004,000,000,000. vailing wage laws. ity are as follows: Fiscal year 2021: $1,049,000,000,000. Sec. 204. Deficit-reduction reserve fund for Fiscal year 2012: $3,519,858,000,000. Fiscal year 2022: $1,096,000,000,000. the reduction of purchasing and Fiscal year 2013: $3,084,004,000,000. (b) SOCIAL SECURITY OUTLAYS.—For pur- maintaining Federal vehicles. Fiscal year 2014: $3,106,658,000,000. poses of Senate enforcement under sections Sec. 205. Deficit-reduction reserve fund for Fiscal year 2015: $3,117,000,000,000. 302 and 311 of the Congressional Budget Act the sale of financial assets pur- Fiscal year 2016: $3,283,243,000,000. of 1974, the amounts of outlays of the Fed- chased through the Troubled Fiscal year 2017: $3,458,011,000,000. eral Old-Age and Survivors Insurance Trust Asset Relief Program. Fiscal year 2018: $3,659,956,000,000. Fund and the Federal Disability Insurance TITLE III—BUDGET PROCESS Fiscal year 2019: $3,893,357,000,000. Trust Fund are as follows: Subtitle A—Budget Enforcement Fiscal year 2020: $4,090,845,000,000. Fiscal year 2012: $770,420,000,000. Sec. 301. Discretionary spending limits for Fiscal year 2021: $4,262,660,000,000. Fiscal year 2013: $813,569,000,000. fiscal years 2012 through 2022, Fiscal year 2022: $4,464,458,000,000. Fiscal year 2014: $857,048,000,000. program integrity initiatives, (3) BUDGET OUTLAYS.—For purposes of the Fiscal year 2015: $901,705,000,000. and other adjustments. enforcement of this resolution, the appro- Fiscal year 2016: $950,000,000,000. Sec. 302. Point of order against advance ap- priate levels of total budget outlays are as Fiscal year 2017: $1,004,219,000,000. propriations. follows: Fiscal year 2018: $1,063,321,000,000. Sec. 303. Emergency legislation. Fiscal year 2012: $3,565,725,000,000. Fiscal year 2019: $1,127,719,000,000. Sec. 304. Adjustments for the extension of Fiscal year 2013: $3,109,085,000,000. Fiscal year 2020: $1,197,313,000,000. certain current policies. Fiscal year 2014: $3,098,368,000,000. Fiscal year 2021: $1,269,310,000,000. Sec. 305. Point of order against any budget Fiscal year 2015: $3,092,240,000,000. Fiscal year 2022: $1,345,264,000,000. resolution without the passage Fiscal year 2016: $3,256,795,000,000. (c) SOCIAL SECURITY ADMINISTRATIVE EX- of a balance budget amend- Fiscal year 2017: $3,408,942,000,000. PENSES.—In the Senate, the amounts of new ment. Fiscal year 2018: $3,594,222,000,000. budget authority and budget outlays of the Fiscal year 2019: $3,842,333,000,000. Federal Old-Age and Survivors Insurance Subtitle B—Other Provisions Fiscal year 2020: $4,027,530,000,000. Trust Fund and the Federal Disability Insur- Sec. 311. Oversight of Government perform- Fiscal year 2021: $4,208,224,000,000. ance Trust Fund for administrative expenses ance. Fiscal year 2022: $4,417,978,000,000. are as follows: Sec. 312. Application and effect of changes (4) DEFICITS.—For purposes of the enforce- Fiscal year 2012: in allocations and aggregates. ment of this resolution, the amounts of the (A) New budget authority, $5,822,000,000. Sec. 313. Adjustments to reflect changes in deficits are as follows: (B) Outlays, $5,793,000,000. concepts and definitions. Fiscal year 2012: $1,043,000,000,000. Fiscal year 2013: Sec. 314. Rescind unspent or unobligated Fiscal year 2013: $795,000,000,000. (A) New budget authority, $5,868,000,000. balances after 36 months. Fiscal year 2014: $631,000,000,000. (B) Outlays, $6,108,000,000. TITLE IV—RECONCILIATION Fiscal year 2015: $62,000,000,000. Fiscal year 2014: Sec. 401. Reconciliation in the Senate. Fiscal year 2016: $31,000,000,000. (A) New budget authority, $6,043,000,000.

VerDate Mar 15 2010 05:38 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.062 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2266 CONGRESSIONAL RECORD — SENATE March 29, 2012 (B) Outlays, $6,269,000,000. (A) New budget authority, $14,318,000,000. Fiscal year 2014: Fiscal year 2015: (B) Outlays, $14,318,000,000. (A) New budget authority, $23,864,000,000. (A) New budget authority, $6,223,000,000. Fiscal year 2020: (B) Outlays, $23,928,000,000. (B) Outlays, $6,386,000,000. (A) New budget authority, $14,619,000,000. Fiscal year 2015: Fiscal year 2016: (B) Outlays, $11,335,000,000. (A) New budget authority, $24,441,000,000. (A) New budget authority, $6,418,000,000. Fiscal year 2021: (B) Outlays, $22,864,000,000. (B) Outlays, $6,379,000,000. (A) New budget authority, $14,921,000,000. Fiscal year 2016: Fiscal year 2017: (B) Outlays, $11,541,000,000. (A) New budget authority, $24,912,000,000. (A) New budget authority, $6,616,000,000. Fiscal year 2022: (B) Outlays, $23,178,000,000. (B) Outlays, $6,379,000,000. (A) New budget authority, $15,217,000,000. Fiscal year 2017: Fiscal year 2018: (B) Outlays, $11,742,000,000. (A) New budget authority, $25,401,000,000. (A) New budget authority, $6,838,000,000. (3) General Science, Space, and Technology (B) Outlays, $23,571,000,000. (B) Outlays, $6,794,000,000. (250): Fiscal year 2018: Fiscal year 2019: Fiscal year 2012: (A) New budget authority, $26,392,000,000. (A) New budget authority, $7,071,000,000. (A) New budget authority, $29,836,000,000. (B) Outlays, $24,430,000,000. (B) Outlays, $7,024,000,000. (B) Outlays, $31,175,000,000. Fiscal year 2019: Fiscal year 2020: Fiscal year 2013: (A) New budget authority, $26,745,000,000. (A) New budget authority, $7,304,000,000. (A) New budget authority, $19,605,000,000. (B) Outlays, $24,747,000,000. (B) Outlays, $7,257,000,000. (B) Outlays, $18,914,000,000. Fiscal year 2020: Fiscal year 2021: Fiscal year 2014: (A) New budget authority, $27,636,000,000. (A) New budget authority, $7,543,000,000. (A) New budget authority, $19,962,000,000. (B) Outlays, $25,441,000,000. (B) Outlays, $7,494,000,000. (B) Outlays, $19,222,000,000. Fiscal year 2021: Fiscal year 2022: Fiscal year 2015: (A) New budget authority, $27,558,000,000. (A) New budget authority, $7,796,000,000. (A) New budget authority, $20,319,000,000. (B) Outlays, $25,561,000,000. (B) Outlays, $7,745,000,000. (B) Outlays, $18,518,000,000. Fiscal year 2022: Fiscal year 2016: (A) New budget authority, $27,904,000,000. SEC. 103. MAJOR FUNCTIONAL CATEGORIES. (A) New budget authority, $20,682,000,000. (B) Outlays, $25,787,000,000. Congress determines and declares that the (B) Outlays, $18,849,000,000. (6) Agriculture (350): appropriate levels of new budget authority Fiscal year 2017: Fiscal year 2012: and outlays for fiscal years 2011 through 2021 (A) New budget authority, $21,052,000,000. (A) New budget authority, $22,686,000,000. for each major functional category are: (B) Outlays, $19,186,000,000. (B) Outlays, $19,646,000,000. (1) National Defense (050): Fiscal year 2018: Fiscal year 2013: Fiscal year 2012: (A) New budget authority, $21,249,000,000. (A) New budget authority, $20,143,000,000. (A) New budget authority, $549,397,000,000. (B) Outlays, $19,529,000,000. (B) Outlays, $22,255,000,000. (B) Outlays, $559,626,000,000. Fiscal year 2019: Fiscal year 2014: Fiscal year 2013: (A) New budget authority, $21,812,000,000. (A) New budget authority, $20,600,000,000. (A) New budget authority, $562,462,000,000. (B) Outlays, $19,878,000,000. (B) Outlays, $19,523,000,000. (B) Outlays, $587,049,000,000. Fiscal year 2020: Fiscal year 2015: Fiscal year 2014: (A) New budget authority, $22,203,000,000. (A) New budget authority, $20,545,000,000. (A) New budget authority, $562,462,000,000. (B) Outlays, $20,234,000,000. (B) Outlays, $20,545,000,000. (B) Outlays, $587,807,000,000. Fiscal year 2021: Fiscal year 2016: Fiscal year 2015: (A) New budget authority, $22,600,000,000. (A) New budget authority, $20,567,000,000. (A) New budget authority, $570,643,000,000. (B) Outlays, $20,596,000,000. (B) Outlays, $19,628,000,000. (B) Outlays, $574,208,000,000. Fiscal year 2022: Fiscal year 2017: Fiscal year 2016: (A) New budget authority, $23,005,000,000. (A) New budget authority, $20,518,000,000. (A) New budget authority, $579,797,000,000. (B) Outlays, $20,964,000,000. (B) Outlays, $19,549,000,000. (B) Outlays, $580,181,000,000. (4) Energy (270): Fiscal year 2018: Fiscal year 2017: Fiscal year 2012: (A) New budget authority, $20,811,000,000. (A) New budget authority, $591,058,000,000. (A) New budget authority, $9,886,000,000. (B) Outlays, $19,765,000,000. (B) Outlays, $583,077,000,000. (B) Outlays, $18,342,000,000. Fiscal year 2019: Fiscal year 2018: Fiscal year 2013: (A) New budget authority, $21,010,000,000. (A) New budget authority, $602,310,000,000. (A) New budget authority, $923,000,000. (B) Outlays, $19,990,000,000. (B) Outlays, $587,825,000,000. (B) Outlays, $2,882,000,000. Fiscal year 2020: Fiscal year 2019: Fiscal year 2014: (A) New budget authority, $21,275,000,000. (A) New budget authority, $613,550,000,000. (A) New budget authority, $976,000,000. (B) Outlays, $20,266,000,000. (B) Outlays, $603,494,000,000. (B) Outlays, $2,349,000,000. Fiscal year 2021: Fiscal year 2020: Fiscal year 2015: (A) New budget authority, $21,560,000,000. (A) New budget authority, $625,785,000,000. (A) New budget authority, $1,003,000,000. (B) Outlays, $20,514,000,000. (B) Outlays, $615,208,000,000. (B) Outlays, $1,649,000,000. Fiscal year 2022: Fiscal year 2021: Fiscal year 2016: (A) New budget authority, $21,631,000,000. (A) New budget authority, $638,070,000,000. (A) New budget authority, $857,000,000. (B) Outlays, $20,583,000,000. (B) Outlays, $627,214,000,000. (B) Outlays, $801,000,000. (7) Commerce and Housing Credit (370): Fiscal year 2022: Fiscal year 2017: Fiscal year 2012: (A) New budget authority, $651,718,000,000. (A) New budget authority, $886,000,000. (A) New budget authority, $42,288,000,000. (B) Outlays, $645,558,000,000. (B) Outlays, $829,000,000. (B) Outlays, $42,685,000,000. (2) International Affairs (150): Fiscal year 2018: Fiscal year 2013: Fiscal year 2012: (A) New budget authority, $914,000,000. (A) New budget authority, $12,386,000,000. (A) New budget authority, $57,684,000,000. (B) Outlays, $856,000,000. (B) Outlays, $11,996,000,000. (B) Outlays, $50,501,000,000. Fiscal year 2019: Fiscal year 2014: Fiscal year 2013: (A) New budget authority, $944,000,000. (A) New budget authority, $12,332,000,000. (A) New budget authority, $14,024,000,000. (B) Outlays, $885,000,000. (B) Outlays, ¥$552,000,000. (B) Outlays, $20,680,000,000. Fiscal year 2020: Fiscal year 2015: Fiscal year 2014: (A) New budget authority, $973,000,000. (A) New budget authority, $12,332,000,000. (A) New budget authority, $20,680,000,000. (B) Outlays, $912,000,000. (B) Outlays, ¥$1,240,000,000. (B) Outlays, $15,069,000,000. Fiscal year 2021: Fiscal year 2016: Fiscal year 2015: (A) New budget authority, $1,003,000,000. (A) New budget authority, $11,997,000,000. (A) New budget authority, $11,666,000,000. (B) Outlays, $940,000,000. (B) Outlays, ¥$4,202,000,000. (B) Outlays, $11,423,000,000. Fiscal year 2022: Fiscal year 2017: Fiscal year 2016: (A) New budget authority, $1,021,000,000. (A) New budget authority, $15,199,000,000. (A) New budget authority, $11,423,000,000. (B) Outlays, $955,000,000. (B) Outlays, ¥$4,255,000,000. (B) Outlays, $12,347,000,000. (5) Natural Resources and Environment Fiscal year 2018: Fiscal year 2017: (300): (A) New budget authority, $15,864,000,000. (A) New budget authority, $12,746,000,000. Fiscal year 2012: (B) Outlays, ¥$5,765,000,000. (B) Outlays, $13,359,000,000. (A) New budget authority, $37,109,000,000. Fiscal year 2019: Fiscal year 2018: (B) Outlays, $42,242,000,000. (A) New budget authority, $16,368,000,000. (A) New budget authority, $13,359,000,000. Fiscal year 2013: (B) Outlays, $2,829,000,000. (B) Outlays, $13,471,000,000. (A) New budget authority, $24,206,000,000. Fiscal year 2020: Fiscal year 2019: (B) Outlays, $23,864,000,000. (A) New budget authority, $16,930,000,000.

VerDate Mar 15 2010 05:38 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.058 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2267 (B) Outlays, $2,174,000,000. (A) New budget authority, $32,868,000,000. Fiscal year 2022: Fiscal year 2021: (B) Outlays, $29,490,000,000. (A) New budget authority, $0. (A) New budget authority, $17,448,000,000. Fiscal year 2016: (B) Outlays, $0. (B) Outlays, $1,283,000,000. (A) New budget authority, $33,437,000,000. (13) Income Security (600): Fiscal year 2022: (B) Outlays, $29,870,000,000. Fiscal year 2012: (A) New budget authority, $17,820,000,000. Fiscal year 2017: (A) New budget authority, $534,107,000,000. (B) Outlays, $230,000,000. (A) New budget authority, $42,660,000,000. (B) Outlays, $533,175,000,000. (8) Transportation (400): (B) Outlays, $37,022,000,000. Fiscal year 2013: Fiscal year 2012: Fiscal year 2018: (A) New budget authority, $355,125,000,000. (A) New budget authority, $88,325,000,000. (A) New budget authority, $46,337,000,000. (B) Outlays, $347,966,000,000. (B) Outlays, $91,171,000,000. (B) Outlays, $43,104,000,000. Fiscal year 2014: Fiscal year 2013: Fiscal year 2019: (A) New budget authority, $362,716,000,000. (A) New budget authority, $77,499,000,000. (A) New budget authority, $49,313,000,000. (B) Outlays, $355,966,000,000. (B) Outlays, $80,200,000,000. (B) Outlays, $45,960,000,000. Fiscal year 2015: Fiscal year 2014: Fiscal year 2020: (A) New budget authority, $362,163,000,000. (A) New budget authority, $76,644,000,000. (A) New budget authority, $49,859,000,000. (B) Outlays, $357,163,000,000. (B) Outlays, $80,149,000,000. (B) Outlays, $47,385,000,000. Fiscal year 2016: Fiscal year 2015: Fiscal year 2021: (A) New budget authority, $369,163,000,000. (A) New budget authority, $77,240,000,000. (A) New budget authority, $50,122,000,000. (B) Outlays, $369,695,000,000. (B) Outlays, $81,869,000,000. (B) Outlays, $50,122,000,000. Fiscal year 2017: Fiscal year 2016: Fiscal year 2022: (A) New budget authority, $368,254,000,000. (A) New budget authority, $78,217,000,000. (A) New budget authority, $50,554,000,000. (B) Outlays, $364,817,000,000. (B) Outlays, $83,149,000,000. (B) Outlays, $47,920,000,000. Fiscal year 2018: Fiscal year 2017: (11) Health (550): (A) New budget authority, $371,087,000,000. (A) New budget authority, $79,069,000,000. Fiscal year 2012: (B) Outlays, $636,453,000,000. (B) Outlays, $84,439,000,000. (A) New budget authority, $357,821,000,000. Fiscal year 2019: Fiscal year 2018: (B) Outlays, $358,737,000,000. (A) New budget authority, $385,838,000,000. (A) New budget authority, $79,014,000,000. Fiscal year 2013: (B) Outlays, $383,743,000,000. (B) Outlays, $83,270,000,000. (A) New budget authority, $338,159,000,000. Fiscal year 2020: Fiscal year 2019: (B) Outlays, $334,163,000,000. (A) New budget authority, $396,715,000,000. (A) New budget authority, $80,669,000,000. Fiscal year 2014: (B) Outlays, $395,180,000,000. (B) Outlays, $84,969,000,000. (A) New budget authority, $348,397,000,000. Fiscal year 2021: Fiscal year 2020: (B) Outlays, $338,935,000,000. (A) New budget authority, $408,219,000,000. (A) New budget authority, $81,266,000,000. Fiscal year 2015: (B) Outlays, $407,134,000,000. (B) Outlays, $85,940,000,000. (A) New budget authority, $359,620,000,000. Fiscal year 2022: Fiscal year 2021: (B) Outlays, $357,023,000,000. (A) New budget authority, $422,855,000,000. (A) New budget authority, $81,783,000,000. Fiscal year 2016: (B) Outlays, $427,176,000,000. (B) Outlays, $87,078,000,000. (A) New budget authority, $365,157,000,000. (14) Social Security (650): Fiscal year 2022: (B) Outlays, $364,094,000,000. Fiscal year 2012: (A) New budget authority, $82,635,000,000. Fiscal year 2017: (A) New budget authority, $779,797,000,000. (B) Outlays, $88,495,000,000. (A) New budget authority, $374,943,000,000. (B) Outlays, $776,213,000,000. (9) Community and Regional Development (B) Outlays, $373,308,000,000. Fiscal year 2013: (450): Fiscal year 2018: (A) New budget authority, $823,017,000,000. Fiscal year 2012: (A) New budget authority, $385,894,000,000. (B) Outlays, $819,677,000,000. (A) New budget authority, $18,783,000,000. (B) Outlays, $381,726,000,000. Fiscal year 2014: (B) Outlays, $24,628,000,000. Fiscal year 2019: (A) New budget authority, $866,901,000,000. Fiscal year 2013: (A) New budget authority, $397,015,000,000. (B) Outlays, $863,317,000,000. (A) New budget authority, $11,998,000,000. (B) Outlays, $392,850,000,000. Fiscal year 2015: (B) Outlays, $13,439,000,000. Fiscal year 2020: (A) New budget authority, $912,103,000,000. Fiscal year 2014: (A) New budget authority, $417,710,000,000. (B) Outlays, $908,091,000,000. (A) New budget authority, $12,036,000,000. (B) Outlays, $403,283,000,000. Fiscal year 2016: (B) Outlays, $13,336,000,000. Fiscal year 2021: (A) New budget authority, $960,918,000,000. Fiscal year 2015: (A) New budget authority, $419,586,000,000. (B) Outlays, $956,379,000,000. (A) New budget authority, $12,256,000,000. (B) Outlays, $415,086,000,000. Fiscal year 2017: (B) Outlays, $12,761,000,000. Fiscal year 2022: (A) New budget authority, $1,075,559,000,000. Fiscal year 2016: (A) New budget authority, $431,913,000,000. (B) Outlays, $1,010,794,000,000. (A) New budget authority, $12,478,000,000. (B) Outlays, $427,453,000,000. Fiscal year 2018: (B) Outlays, $12,725,000,000. (12) Medicare (570): (A) New budget authority, $1,075,559,000,000. Fiscal year 2017: Fiscal year 2012: (B) Outlays, $1,070,115,000,000. (A) New budget authority, $12,701,000,000. (A) New budget authority, $487,762,000,000. Fiscal year 2019: (B) Outlays, $11,854,000,000. (B) Outlays, $487,661,000,000. (A) New budget authority, $1,140,590,000,000. Fiscal year 2018: Fiscal year 2013: (B) Outlays, $1,134,743,000,000. (A) New budget authority, $12,932,000,000. (A) New budget authority, $509,976,000,000. Fiscal year 2020: (B) Outlays, $11,621,000,000. (B) Outlays, $510,212,000,000. (A) New budget authority, $1,210,617,000,000. Fiscal year 2019: Fiscal year 2014: (B) Outlays, $1,204,570,000,000. (A) New budget authority, $13,163,000,000. (A) New budget authority, $0. Fiscal year 2021: (B) Outlays, $11,835,000,000. (B) Outlays, $0. (A) New budget authority, $1,283,153,000,000. Fiscal year 2020: Fiscal year 2015: (B) Outlays, $1,276,804,000,000. (A) New budget authority, $13,401,000,000. (A) New budget authority, $0. Fiscal year 2022: (B) Outlays, $12,073,000,000. (B) Outlays, $0. (A) New budget authority, $1,360,160,000,000. Fiscal year 2021: Fiscal year 2016: (B) Outlays, $1,353,009,000,000. (A) New budget authority, $13,645,000,000. (A) New budget authority, $0. (15) Veterans Benefits and Services (700): (B) Outlays, $12,325,000,000. (B) Outlays, $0. Fiscal year 2012: Fiscal year 2022: Fiscal year 2017: (A) New budget authority, $126,263,000,000. (A) New budget authority, $13,890,000,000. (A) New budget authority, $0. (B) Outlays, $126,262,000,000. (B) Outlays, $12,647,000,000. (B) Outlays, $0. Fiscal year 2013: (10) Education, Training, Employment, and Fiscal year 2018: (A) New budget authority, $132,924,000,000. Social Services (500): (A) New budget authority, $0. (B) Outlays, $133,660,000,000. Fiscal year 2012: (B) Outlays, $0. Fiscal year 2014: (A) New budget authority, $88,578,000,000. Fiscal year 2019: (A) New budget authority, $135,032,000,000. (B) Outlays, $105,484,000,000. (A) New budget authority, $0. (B) Outlays, $135,471,000,000. Fiscal year 2013: (B) Outlays, $0. Fiscal year 2015: (A) New budget authority, $33,898,000,000. Fiscal year 2020: (A) New budget authority, $138,369,000,000. (B) Outlays, $42,292,000,000. (A) New budget authority, $0. (B) Outlays, $138,367,000,000. Fiscal year 2014: (B) Outlays, $0. Fiscal year 2016: (A) New budget authority, $30,868,000,000. Fiscal year 2021: (A) New budget authority, $147,201,000,000. (B) Outlays, $32,933,000,000. (A) New budget authority, $0. (B) Outlays, $146,698,000,000. Fiscal year 2015: (B) Outlays, $0. Fiscal year 2017:

VerDate Mar 15 2010 05:38 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.058 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2268 CONGRESSIONAL RECORD — SENATE March 29, 2012 (A) New budget authority, $146,175,000,000. (A) New budget authority, $224,064,000,000. (B) Outlays, ¥$117,921,000,000. (B) Outlays, $145,526,000,000. (B) Outlays, $224,064,000,000. Fiscal year 2018: Fiscal year 2018: Fiscal year 2013: (A) New budget authority, (A) New budget authority, $145,004,000,000. (A) New budget authority, $183,281,000,000. ¥$123,045,000,000. (B) Outlays, $144,303,000,000. (B) Outlays, $183,281,000,000. (B) Outlays, ¥$123,045,000,000. Fiscal year 2019: Fiscal year 2014: Fiscal year 2019: (A) New budget authority, $154,685,000,000. (A) New budget authority, $184,653,000,000. (A) New budget authority, (B) Outlays, $153,943,000,000. (B) Outlays, $184,653,000,000. ¥$133,352,000,000. Fiscal year 2020: Fiscal year 2015: (B) Outlays, ¥$133,352,000,000. (A) New budget authority, $159,160,000,000. (A) New budget authority, $211,497,000,000. Fiscal year 2020: (B) Outlays, $158,409,000,000. (B) Outlays, $211,497,000,000. (A) New budget authority, Fiscal year 2021: Fiscal year 2016: ¥$138,451,000,000. (A) New budget authority, $163,701,000,000. (A) New budget authority, $293,109,000,000. (B) Outlays, ¥$138,451,000,000. (B) Outlays, $163,701,000,000. (B) Outlays, $293,109,000,000. Fiscal year 2021: Fiscal year 2022: Fiscal year 2017: (A) New budget authority, (A) New budget authority, $173,802,000,000. (A) New budget authority, $361,394,000,000. ¥$144,197,000,000. (B) Outlays, $172,995,000,000. (B) Outlays, $361,394,000,000. (B) Outlays, ¥$144,197,000,000. (16) Administration of Justice (750): Fiscal year 2018: Fiscal year 2022: Fiscal year 2012: (A) New budget authority, $440,040,000,000. (A) New budget authority, (A) New budget authority, $51,700,000,000. (B) Outlays, $440,040,000,000. ¥$150,911,000,000. (B) Outlays, $54,471,000,000. Fiscal year 2019: (B) Outlays, ¥$150,911,000,000. Fiscal year 2013: (A) New budget authority, $501,224,000,000. (21) Global War on Terrorism (970): (A) New budget authority, $50,998,000,000. (B) Outlays, $501,224,000,000. Fiscal year 2012: (B) Outlays, $38,113,000,000. Fiscal year 2020: (A) New budget authority, $126,544,000,000. Fiscal year 2014: (A) New budget authority, $536,534,000,000. (B) Outlays, $126,544,000,000. (A) New budget authority, $41,766,000,000. (B) Outlays, $536,534,000,000. Fiscal year 2013: (B) Outlays, $40,926,000,000. Fiscal year 2021: (A) New budget authority, $50,000,000,000. Fiscal year 2015: (A) New budget authority, $565,473,000,000. (B) Outlays, $50,000,000,000. (A) New budget authority, $42,296,000,000. (B) Outlays, $565,473,000,000. Fiscal year 2014: (B) Outlays, $40,215,000,000. Fiscal year 2022: (A) New budget authority, $0. Fiscal year 2016: (A) New budget authority, (B) Outlays, $0. (A) New budget authority, $45,028,000,000. ¥$588,933,000,000. Fiscal year 2015: (B) Outlays, $42,812,000,000. (B) Outlays, ¥$588,933,000,000. (A) New budget authority, $0. Fiscal year 2017: (19) Allowances (920): (B) Outlays, $0. (A) New budget authority, $43,922,000,000. Fiscal year 2012 Fiscal year 2016: (B) Outlays, $41,759,000,000. (A) New budget authority, ¥$45,400,000,000. (A) New budget authority, $0. Fiscal year 2018: (B) Outlays, ¥$45,400,000,000. (B) Outlays, $0. (A) New budget authority, $44,527,000,000. Fiscal year 2013: Fiscal year 2017: (B) Outlays, $42,294,000,000. (A) New budget authority, ¥$57,358,000,000. (A) New budget authority, $0. Fiscal year 2019: (B) Outlays, ¥$57,358,000,000. (B) Outlays, $0. (A) New budget authority, $45,216,000,000. Fiscal year 2014: Fiscal year 2018: (B) Outlays, $41,863,000,000. (A) New budget authority, ¥$71,118,000,000. (A) New budget authority, $0. Fiscal year 2020: (B) Outlays, ¥$71,118,000,000. (B) Outlays, $0. (A) New budget authority, $45,915,000,000. Fiscal year 2015: Fiscal year 2019: (B) Outlays, $41,951,000,000. (A) New budget authority, ¥$79,148,000,000. (A) New budget authority, $0. Fiscal year 2021: (B) Outlays, ¥$79,148,000,000. (B) Outlays, $0. (A) New budget authority, $46,787,000,000. Fiscal year 2016: Fiscal year 2020: (B) Outlays, $42,718,000,000. (A) New budget authority, ¥$92,742,000,000. (A) New budget authority, $0. Fiscal year 2022: (B) Outlays, ¥$92,742,000,000. (B) Outlays, $0. (A) New budget authority, $51,306,000,000. Fiscal year 2017: Fiscal year 2021: (B) Outlays, $47,151,000,000. (A) New budget authority, ¥$91,236,000,000. (A) New budget authority, $0. (17) General Government (800): (B) Outlays, ¥$91,236,000,000. (B) Outlays, $0. Fiscal year 2012: Fiscal year 2018: Fiscal year 2022: (A) New budget authority, (A) New budget authority, ¥$86,010,000,000. (A) New budget authority, $0. $24,163,000,000,000. (B) Outlays, ¥$86,010,000,000. (B) Outlays, $0. (B) Outlays, $30,033,000,000. Fiscal year 2019: (22) Congressional Health Insurance for Fiscal year 2013: (A) New budget authority, ¥$56,114,000,000. Seniors (990): (A) New budget authority, $21,262,000,000. (B) Outlays, ¥$56,114,000,000. Fiscal year 2012: (B) Outlays, $18,354,000,000. Fiscal year 2020: (A) New budget authority, $0. Fiscal year 2014: (A) New budget authority, ¥$58,063,000,000. (B) Outlays, $0. (A) New budget authority, $21,414,000,000. (B) Outlays, ¥$58,063,000,000. Fiscal year 2013: (B) Outlays, $19,949,000,000. Fiscal year 2021: (A) New budget authority, $3,125,000,000. Fiscal year 2015: (A) New budget authority, ¥$58,990,000,000. (B) Outlays, $3,125,000,000. (A) New budget authority, $21,586,000,000. (B) Outlays, ¥$58,990,000,000. Fiscal year 2014: (B) Outlays, $20,149,000,000. Fiscal year 2022: (A) New budget authority, $539,435,000,000. Fiscal year 2016: (A) New budget authority, ¥$55,589,000,000. (B) Outlays, $532,135,000,000. (A) New budget authority, $21,762,000,000. (B) Outlays, ¥$55,589,000,000. Fiscal year 2015: (B) Outlays, $20,373,000,000. (20) Undistributed Offsetting Receipts (950): (A) New budget authority, $466,210,000,000. Fiscal year 2017: Fiscal year 2012: (B) Outlays, $468,810,000,000. (A) New budget authority, $22,114,000,000. (A) New budget authority, ¥$91,535,000,000. Fiscal year 2016: (B) Outlays, $20,531,000,000. (B) Outlays, ¥$91,535,000,000. (A) New budget authority, $494,278,000,000. Fiscal year 2018: Fiscal year 2013: (B) Outlays, $494,278,000,000. (A) New budget authority, $22,470,000,000. (A) New budget authority, ¥$95,678,000,000. Fiscal year 2017: (B) Outlays, $20,836,000,000. (B) Outlays, ¥$95,678,000,000. (A) New budget authority, $513,342,000,000. Fiscal year 2019: Fiscal year 2014: (B) Outlays, $511,342,000,000. (A) New budget authority, $22,893,000,000. (A) New budget authority, ¥$96,030,000,000. Fiscal year 2018: (B) Outlays, $21,252,000,000. (B) Outlays, ¥$96,030,000,000. (A) New budget authority, $544,406,000,000. Fiscal year 2020: Fiscal year 2015: (B) Outlays, $542,406,000,000. (A) New budget authority, $23,227,000,000. (A) New budget authority, Fiscal year 2019: (B) Outlays, $21,614,000,000. ¥$101,010,000,000. (A) New budget authority, $577,470,000,000. Fiscal year 2021: (B) Outlays, ¥$101,010,000,000. (B) Outlays, $575,470,000,000. (A) New budget authority, $23,622,000,000. Fiscal year 2016: Fiscal year 2020: (B) Outlays, $21,904,000,000. (A) New budget authority, (A) New budget authority, $623,534,000,000. Fiscal year 2022: ¥$104,680,000,000. (B) Outlays, $623,534,000,000. (A) New budget authority, $23,933,000,000. (B) Outlays, ¥$104,680,000,000. Fiscal year 2021: (B) Outlays, $22,217,000,000. Fiscal year 2017: (A) New budget authority, $666,598,000,000. (18) Net Interest (900): (A) New budget authority, (B) Outlays, $664,598,000,000. Fiscal year 2012: ¥$117,921,000,000. Fiscal year 2022:

VerDate Mar 15 2010 05:38 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.058 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2269 (A) New budget authority, $712,662,000,000. Program. The Chairman may also make ad- 302(a) of the Congressional Budget Act of (B) Outlays, $710,662,000,000. justments to the Senate’s pay-as-you-go 1974, by the amount of new budget authority TITLE II—RESERVE FUNDS ledger over 10 years to ensure that the def- in that measure for that purpose and the SEC. 201. DEFICIT-REDUCTION RESERVE FUND icit reduction achieved is used for deficit re- outlays flowing therefrom; and FOR THE SALE OF UNUSED OR VA- duction only. The adjustments authorized (B) following any adjustment under sub- CANT FEDERAL PROPERTIES. under this section shall be of the amount of paragraph (A), the Committee on Appropria- The Chairman of the Committee on the deficit reduction achieved. tions of the Senate may report appropriately Budget of the Senate may reduce the alloca- TITLE III—BUDGET PROCESS revised suballocations pursuant to section tions of a committee or committees, aggre- Subtitle A—Budget Enforcement 302(b) of the Congressional Budget Act of 1974 gates, and other appropriate levels and lim- to carry out this subsection. SEC. 301. DISCRETIONARY SPENDING LIMITS FOR (2) ADJUSTMENTS TO SUPPORT ONGOING its in this resolution for one or more bills, FISCAL YEARS 2012 THROUGH 2022, joint resolutions, amendments, motions, or PROGRAM INTEGRITY INITIATIVES, OVERSEAS DEPLOYMENTS AND OTHER ACTIVI- conference reports that achieve savings by AND OTHER ADJUSTMENTS. TIES.— selling any unused or vacant Federal prop- (a) SENATE POINT OF ORDER.— (A) ADJUSTMENTS.—The Chairman of the erties. The Chairman may also make adjust- (1) IN GENERAL.—Except as otherwise pro- Committee on the Budget of the Senate may ments to the Senate’s pay-as-you-go ledger vided in this section, it shall not be in order adjust the discretionary spending limits, al- over 10 years to ensure that the deficit re- in the Senate to consider any bill or joint locations to the Committee on Appropria- duction achieved is used for deficit reduction resolution (or amendment, motion, or con- tions of the Senate, and aggregates for one only. The adjustments authorized under this ference report on that bill or joint resolu- or more— section shall be of the amount of deficit re- tion) that would cause the discretionary (i) bills reported by the Committee on Ap- duction achieved. spending limits in this section to be exceed- propriations of the Senate or passed by the SEC. 202. DEFICIT-REDUCTION RESERVE FUND ed. House of Representatives; FOR SELLING EXCESS FEDERAL (2) SUPERMAJORITY WAIVER AND APPEALS.— (ii) joint resolutions or amendments re- LAND. (A) WAIVER.—This subsection may be ported by the Committee on Appropriations The Chairman of the Committee on the waived or suspended in the Senate only by of the Senate; Budget of the Senate may reduce the alloca- the affirmative vote of two-thirds of the (iii) amendments between the Houses re- tions of a committee or committees, aggre- Members, duly chosen and sworn. ceived from the House of Representatives or gates, and other appropriate levels and lim- (B) APPEALS.—Appeals in the Senate from Senate amendments offered by the authority its in this resolution for one or more bills, the decisions of the Chair relating to any of the Committee on Appropriations of the joint resolutions, amendments, motions, or provision of this subsection shall be limited Senate; or conference reports that achieve savings by to 1 hour, to be equally divided between, and (iv) conference reports; selling any excess Federal land. The Chair- controlled by, the appellant and the manager making appropriations for overseas deploy- man may also make adjustments to the Sen- of the bill or joint resolution. An affirmative ments and other activities in the amounts ate’s pay-as-you-go ledger over 10 years to vote of two-thirds of the Members of the specified in subparagraph (B). ensure that the deficit reduction achieved is Senate, duly chosen and sworn, shall be re- (B) AMOUNTS SPECIFIED.—The amounts used for deficit reduction only. The adjust- quired to sustain an appeal of the ruling of specified are— ments authorized under this section shall be the Chair on a point of order raised under (i) for fiscal year 2012, $126,544,000,000 in of the amount of deficit reduction achieved. this subsection. new budget authority and the outlays flow- SEC. 203. DEFICIT-REDUCTION RESERVE FUND (b) SENATE DISCRETIONARY SPENDING LIM- ing therefrom; FOR THE REPEAL OF DAVIS-BACON ITS.—In the Senate and as used in this sec- (ii) for fiscal year 2013, $50,000,000,000 in PREVAILING WAGE LAWS. tion, the term ‘‘discretionary spending new budget authority and the outlays flow- The Chairman of the Committee on the limit’’ means— ing therefrom; Budget of the Senate may reduce the alloca- (1) for fiscal year 2012, $1,201,863,000,000 in (iii) for fiscal year 2014, $0 in new budget tions of a committee or committees, aggre- new budget authority and $1,308,512,000,000 in authority and the outlays flowing therefrom; gates, and other appropriate levels and lim- outlays; (iv) for fiscal year 2015, $0 in new budget its in this resolution for one or more bills, (2) for fiscal year 2013, $934,104,000,000 in authority and the outlays flowing therefrom; joint resolutions, amendments, motions, or new budget authority and $1,023,435,000,000 in (v) for fiscal year 2016, $0 in new budget au- conference reports from savings achieved by outlays; thority and the outlays flowing therefrom; repealing the Davis-Bacon prevailing wage (3) for fiscal year 2014, $891,861,000,000 in (vi) for fiscal year 2017, $0 in new budget laws. The Chairman may also make adjust- new budget authority and $965,519,000,000 in authority and the outlays flowing therefrom; ments to the Senate’s pay-as-you-go ledger outlays; (vii) for fiscal year 2018, $0 in new budget over 10 years to ensure that the deficit re- (4) for fiscal year 2015, $906,188,000,000 in authority and the outlays flowing therefrom; duction achieved is used for deficit reduction new budget authority and $943,141,000,000 in (viii) for fiscal year 2019, $0 in new budget only. The adjustments authorized under this outlays; authority and the outlays flowing therefrom; section shall be of the amount of deficit re- (5) for fiscal year 2016 $921,824,000,000 in new (ix) for fiscal year 2020, $0 in new budget duction achieved. budget authority and $955,362,000,000 in out- authority and the outlays flowing therefrom; SEC. 204. DEFICIT-REDUCTION RESERVE FUND lays; (x) for fiscal year 2021, $0 in new budget au- FOR THE REDUCTION OF PUR- (6) for fiscal year 2017, $939,918,000,000 in thority and the outlays flowing therefrom; CHASING AND MAINTAINING FED- new budget authority and $964,874,000,000 in ERAL VEHICLES. and outlays; The Chairman of the Committee on the (xi) for fiscal year 2022, $0 in new budget (7) for fiscal year 2018, $958,654,000,000 in Budget of the Senate may reduce the alloca- authority and the outlays flowing therefrom. new budget authority and $974,728,000,000 in tions of a committee or committees, aggre- SEC. 302. POINT OF ORDER AGAINST ADVANCE outlays; gates, and other appropriate levels and lim- APPROPRIATIONS. (8) for fiscal year 2019, $977,693,000,000 in its in this resolution for one or more bills, (a) POINT OF ORDER.—It shall not be in new budget authority and $998,696,000,000 in joint resolutions, amendments, motions, or order in the Senate to consider any bill, outlays; conference reports that achieve savings by joint resolution, motion, amendment, or con- (9) for fiscal year 2020, $997,939,000,000 in reducing the federal vehicles fleet. The ference report that would provide an advance new budget authority and $1,018,172,000,000 in Chairman may also make adjustments to the appropriation. outlays; (b) DEFINITION.—In this section, the term Senate’s pay-as-you-go ledger over 10 years (10) for fiscal year 2021, $1,018,340,000,000 in ‘‘advance appropriation’’ means any new to ensure that the deficit reduction achieved new budget authority and $1,038,189,000,000 in budget authority provided in a bill or joint is used for deficit reduction only. The adjust- outlays; and resolution making appropriations for fiscal ments authorized under this section shall be (11) for fiscal year 2022, $1,040,081,000,000 in year 2013 that first becomes available for any of the amount of deficit reduction achieved. new budget authority and $1,064,838,000,000 in fiscal year after 2012, or any new budget au- SEC. 205. DEFICIT-REDUCTION RESERVE FUND outlays; thority provided in a bill or joint resolution FOR THE SALE OF FINANCIAL AS- SETS PURCHASED THROUGH THE as adjusted in conformance with the adjust- making general appropriations or continuing TROUBLED ASSET RELIEF PRO- ment procedures in subsection (c). appropriations for fiscal year 2013, that first GRAM. (c) ADJUSTMENTS IN THE SENATE.— becomes available for any fiscal year after The Chairman of the Committee on the (1) IN GENERAL.—After the reporting of a 2013. Budget of the Senate may reduce the alloca- bill or joint resolution relating to any mat- SEC. 303. EMERGENCY LEGISLATION. tions of a committee or committees, aggre- ter described in paragraph (2), or the offering (a) AUTHORITY TO DESIGNATE.—In the Sen- gates, and other appropriate levels and lim- of an amendment or motion thereto or the ate, with respect to a provision of direct its in this resolution for one or more bills, submission of a conference report thereon— spending or receipts legislation or appropria- joint resolutions, amendments, motions, or (A) the Chairman of the Committee on the tions for discretionary accounts that Con- conference reports that achieve savings by Budget of the Senate may adjust the discre- gress designates as an emergency require- selling financial instruments and equity ac- tionary spending limits, budgetary aggre- ment in such measure, the amounts of new cumulated through the Troubled Asset Relief gates, and allocations pursuant to section budget authority, outlays, and receipts in all

VerDate Mar 15 2010 05:38 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.058 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2270 CONGRESSIONAL RECORD — SENATE March 29, 2012 fiscal years resulting from that provision amendment and concur with a further SEC. 305. POINT OF ORDER AGAINST ANY BUDG- shall be treated as an emergency require- amendment, or concur in the House amend- ET RESOLUTION WITHOUT THE PAS- ment for the purpose of this section. ment with a further amendment, as the case SAGE OF A BALANCE BUDGET (b) EXEMPTION OF EMERGENCY PROVI- may be, which further amendment shall con- AMENDMENT. (a) POINT OF ORDER.—It shall not be in SIONS.—Any new budget authority, outlays, sist of only that portion of the conference re- order in the Senate to consider any budget and receipts resulting from any provision port or House amendment, as the case may resolution following the enactment of this designated as an emergency requirement, be, not so stricken. Any such motion in the resolution until a balance budget amend- pursuant to this section, in any bill, joint Senate shall be debatable. In any case in ment to the Constitution has been adopted. resolution, amendment, or conference report which such point of order is sustained (b) SUPERMAJORITY WAIVER AND APPEALS IN shall not count for purposes of sections 302 against a conference report (or Senate THE SENATE.— and 311 of the Congressional Budget Act of amendment derived from such conference re- (1) WAIVER.—This section may be waived or 1974, section 201 of S. Con. Res. 21 (110th Con- port by operation of this subsection), no fur- suspended only by an affirmative vote of gress) (relating to pay-as-you-go), section 311 ther amendment shall be in order. of S. Con. Res. 70 (110th Congress) (relating two-thirds of the Members, duly chosen and (f) CRITERIA.— to long-term deficits), and section 404 of S. sworn. (1) IN GENERAL.—For purposes of this sec- Con. Res. 13 (111th Congress) (relating to (2) APPEALS.—An affirmative vote of two- tion, any provision is an emergency require- thirds of the Members of the Senate, duly short-term deficits), and section 301 of this ment if the situation addressed by such pro- resolution (relating to discretionary spend- chosen and sworn, shall be required to sus- vision is— ing). Designated emergency provisions shall tain an appeal of the ruling of the Chair on (A) necessary, essential, or vital (not mere- not count for the purpose of revising alloca- a point of order raised under this section. ly useful or beneficial); tions, aggregates, or other levels pursuant to (c) SUNSET.—This section shall expire after (B) sudden, quickly coming into being, and procedures established under section 301(b)(7) the ratification of an amendment to the Con- not building up over time; of the Congressional Budget Act of 1974 for stitution requiring a balanced budget. (C) an urgent, pressing, and compelling deficit-neutral reserve funds and revising Subtitle B—Other Provisions need requiring immediate action; discretionary spending limits set pursuant to (D) subject to subparagraph (B), unfore- SEC. 311. OVERSIGHT OF GOVERNMENT PER- section 301 of this resolution. FORMANCE. seen, unpredictable, and unanticipated; and (c) DESIGNATIONS.—If a provision of legisla- In the Senate, all committees are directed (E) not permanent, temporary in nature. tion is designated as an emergency require- to review programs and tax expenditures (2) UNFORESEEN.—An emergency that is ment under this section, the committee re- within their jurisdiction to identify waste, part of an aggregate level of anticipated port and any statement of managers accom- fraud, abuse or duplication, and increase the emergencies, particularly when normally es- panying that legislation shall include an ex- use of performance data to inform com- timated in advance, is not unforeseen. planation of the manner in which the provi- mittee work. Committees are also directed sion meets the criteria in subsection (f). (g) INAPPLICABILITY.—In the Senate, sec- to review the matters for congressional con- (d) DEFINITIONS.—In this section, the terms tion 403 of S. Con. Res. 13 (111th Congress), sideration identified on the Government Ac- ‘‘direct spending’’, ‘‘receipts’’, and ‘‘appro- the concurrent resolution on the budget for countability Office’s High Risk list reports. priations for discretionary accounts’’ mean fiscal year 2010, shall no longer apply. Based on these oversight efforts and per- any provision of a bill, joint resolution, SEC. 304. ADJUSTMENTS FOR THE EXTENSION OF formance reviews of programs within their amendment, motion, or conference report CERTAIN CURRENT POLICIES. jurisdiction, committees are directed to in- that affects direct spending, receipts, or ap- (a) ADJUSTMENT.—For the purposes of de- clude recommendations for improved govern- propriations as those terms have been de- termining points of order specified in sub- mental performance in their annual views fined and interpreted for purposes of the Bal- section (b), the Chairman of the Committee and estimates reports required under section anced Budget and Emergency Deficit Control on the Budget of the Senate may adjust the 301(d) of the Congressional Budget Act of 1974 Act of 1985. estimate of the budgetary effects of a bill, to the Committees on the Budget. (e) POINT OF ORDER.— joint resolution, amendment, motion, or con- SEC. 312. APPLICATION AND EFFECT OF (1) IN GENERAL.—When the Senate is con- ference report that contains one or more pro- CHANGES IN ALLOCATIONS AND AG- sidering a bill, resolution, amendment, mo- visions meeting the criteria of subsection (c) GREGATES. tion, or conference report, if a point of order to exclude the amounts of qualifying budg- (a) APPLICATION.—Any adjustments of allo- is made by a Senator against an emergency etary effects. cations and aggregates made pursuant to designation in that measure, that provision this resolution shall— making such a designation shall be stricken (b) COVERED POINTS OF ORDER.—The Chair- man of the Committee on the Budget of the (1) apply while that measure is under con- from the measure and may not be offered as sideration; an amendment from the floor. Senate may make adjustments pursuant to this section for the following points of order (2) take effect upon the enactment of that (2) SUPERMAJORITY WAIVER AND APPEALS.— only: measure; and (A) WAIVER.—Paragraph (1) may be waived (3) be published in the Congressional or suspended in the Senate only by an af- (1) Section 201 of S. Con. Res. 21 (110th Con- gress) (relating to pay-as-you-go). Record as soon as practicable. firmative vote of two-thirds of the Members, (b) EFFECT OF CHANGED ALLOCATIONS AND (2) Section 311 of S. Con. Res. 70 (110th Con- duly chosen and sworn. AGGREGATES.—Revised allocations and ag- gress) (relating to long-term deficits). (B) APPEALS.—Appeals in the Senate from gregates resulting from these adjustments (3) Section 404 of S. Con. Res. 13 (111th Con- the decisions of the Chair relating to any shall be considered for the purposes of the gress) (relating to short-term deficits). provision of this subsection shall be limited Congressional Budget Act of 1974 as alloca- to 1 hour, to be equally divided between, and (c) QUALIFYING LEGISLATION.—The Chair- tions and aggregates contained in this reso- controlled by, the appellant and the manager man of the Committee on the Budget of the lution. of the bill or joint resolution, as the case Senate may make adjustments authorized (c) BUDGET COMMITTEE DETERMINATIONS.— may be. An affirmative vote of three-fifths of under subsection (a) for legislation con- For purposes of this resolution the levels of the Members of the Senate, duly chosen and taining provisions that— new budget authority, outlays, direct spend- sworn, shall be required to sustain an appeal (1) amend or supersede the system for up- ing, new entitlement authority, revenues, of the ruling of the Chair on a point of order dating payments made under subsections deficits, and surpluses for a fiscal year or pe- raised under this subsection. 1848 (d) and (f) of the Social Security Act, riod of fiscal years shall be determined on (3) DEFINITION OF AN EMERGENCY DESIGNA- consistent with section 7(c) of the Statutory the basis of estimates made by the Com- TION.—For purposes of paragraph (1), a provi- Pay-As-You-Go Act of 2010 (Public Law 111– mittee on the Budget of the Senate. 139); sion shall be considered an emergency des- SEC. 313. ADJUSTMENTS TO REFLECT CHANGES ignation if it designates any item as an (2) amend the Internal Revenue Code of IN CONCEPTS AND DEFINITIONS. emergency requirement pursuant to this sub- 1986, in order to establish a single, flat tax Upon the enactment of a bill or joint reso- section. rate of 17 percent consistent with section lution providing for a change in concepts or (4) FORM OF THE POINT OF ORDER.—A point 7(d) of the Statutory Pay-As-You-Go Act of definitions, the Chairman of the Committee of order under paragraph (1) may be raised 2010; and on the Budget of the Senate may make ad- by a Senator as provided in section 313(e) of (3) extend relief from the Alternative Min- justments to the levels and allocations in the Congressional Budget Act of 1974. imum Tax for individuals under sections 55– this resolution in accordance with section (5) CONFERENCE REPORTS.—When the Sen- 59 of the Internal Revenue Code of 1986, con- 251(b) of the Balanced Budget and Emergency ate is considering a conference report on, or sistent with section 7(e) of the Statutory Deficit Control Act of 1985 (as in effect prior an amendment between the Houses in rela- Pay-As-You-Go Act of 2010. to September 30, 2002). tion to, a bill, upon a point of order being (d) DEFINITION.—For the purposes of this SEC. 314. RESCIND UNSPENT OR UNOBLIGATED made by any Senator pursuant to this sec- section, the terms ‘‘budgetary effects’’ or BALANCES AFTER 36 MONTHS. tion, and such point of order being sustained, ‘‘effects’’ mean the amount by which a provi- (a) APPLICATION.—Any adjustments of allo- such material contained in such conference sion changes direct spending or revenues rel- cations and aggregates made pursuant to report shall be deemed stricken, and the Sen- ative to the baseline. this resolution shall require that any unobli- ate shall proceed to consider the question of (e) SUNSET.—This section shall expire on gated or unspent allocations be rescinded whether the Senate shall recede from its December 31, 2012. after 36 months.

VerDate Mar 15 2010 05:38 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.058 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2271

(b) EFFECT OF CHANGED ALLOCATIONS AND SEC. 402. DIRECTIVE TO THE COMMITTEE ON THE (7) High-income seniors will be provided AGGREGATES.—Revised allocations and ag- BUDGET OF THE SENATE TO RE- less premium support than low-income sen- gregates resulting from these adjustments PLACE THE SEQUESTER ESTAB- iors. LISHED BY THE BUDGET CONTROL resulting from the required rescissions shall SEC. 503. POLICY STATEMENT ON TAX REFORM. ACT OF 2011. be considered for the purposes of the Con- It is the policy of this concurrent resolu- (a) SUBMISSION.—In the Senate, the Com- gressional Budget Act of 1974 as allocations tion that Congress and the relevant commit- mittee on the Budget shall report to the Sen- and aggregates contained in this resolution. tees of jurisdiction enact legislation to en- ate a bill carrying out the directions set (c) BUDGET COMMITTEE DETERMINATIONS.— sure a tax reform that broadens the tax base, For purposes of this resolution the levels of forth in subsection (b). reduces tax complexity, includes a consump- new budget authority, outlays, direct spend- (b) DIRECTIONS.—The bill referred to in sub- tion-based income tax, and a globally com- ing, new entitlement authority, revenues, section (a) shall include the following provi- petitive flat tax as follows: deficits, and surpluses for a fiscal year or pe- sions: (1) This concurrent resolution shall elimi- riod of fiscal years shall be determined on (1) REPLACING THE SEQUESTER ESTABLISHED nate all tax brackets and have one standard the basis of estimates made by the Com- BY THE BUDGET CONTROL ACT OF 2011.—The lan- flat tax rate of 17 percent on adjusted gross mittee on the Budget of the Senate. guage shall amend section 251A of the Bal- income. The individual tax code shall re- TITLE IV—RECONCILIATION anced Budget and Emergency Deficit Control move all credits and deductions, with excep- Act of 1985 to replace the sequester estab- SEC. 401. RECONCILIATION IN THE SENATE. tion to the mortgage interest deduction, off- lished under that section consistent with (a) SUBMISSION TO PROVIDE FOR THE RE- setting these with a substantially higher this concurrent resolution. FORM OF MANDATORY SPENDING.— standard deduction and personal exemption. PPLICATION OF PROVISIONS (1) IN GENERAL.—Not later than September (2) A .—The bill The standard deduction for joint filers is 1, 2012, the Senate committees named in referred to in subsection (a) shall include $30,320, $19,350 for head of household, and paragraph (2) shall submit their rec- language making it application contingent $15,160 for single filers. The personal exemp- ommendations to the Committee on the upon the enactment of the reconciliation bill tion amount is $6,530. This proposal elimi- Budget of the United States Senate. After re- referred to in section 401. nates the individual alternative minimum ceiving those recommendations from the ap- TITLE V—CONGRESSIONAL POLICY tax (AMT). The tax reform would repeal all plicable committees of the Senate, the Com- CHANGES tax on savings and investments, including mittee on the Budget shall report to the Sen- SEC. 501. POLICY STATEMENT ON SOCIAL SECU- capital gains, qualified and ordinary divi- ate a reconciliation bill carrying out all such RITY. dends, estate, gift, and interest saving taxes. recommendations without substantive revi- It is the policy of this concurrent resolu- (2) This concurrent resolution shall elimi- sion. tion that Congress and the relevant commit- nate all tax brackets and have one standard (2) INSTRUCTIONS.— tees of jurisdiction enact legislation to en- flat tax of 17 percent on adjusted gross in- (A) COMMITTEE ON FOREIGN RELATIONS.— sure the Social Security System achieves come. The business tax code shall remove all The Committee on Foreign Relations shall solvency over the 75 year window as follows: credits and deductions, offsetting these with report changes in law within its jurisdiction (1) The legislation must modify the Pri- a lower tax rate and immediate expensing of sufficient to reduce direct spending by mary Insurance Amount formula between all business inputs. Such inputs shall be de- $2,864,000,000 for the period of fiscal years 2018 and 2055 to gradually reduce benefits on termined by total revenue from the sale of good and services less purchases of inputs 2013 through 2022. a progressive basis for works with career-av- from other firms less wages, salaries, and (B) COMMITTEE ON COMMERCE, SCIENCE, AND erage earnings above the 40th percentile of pensions paid to workers less purchases of TRANSPORTATION.—The Committee on Com- new retired workers. plant and equipment. merce, Science, and Transportation shall re- (2) The normal retirement age will in- (3) The individuals and businesses would be port changes in law within its jurisdiction crease by 3 months each year starting with subject to taxation on only those incomes sufficient to reduce direct spending outlays individuals reaching age 62 in 2017 and stop- that are produced or derived, as a territorial by $2,432,000,000 for the period of fiscal years ping with the normal retirement age reaches system in the United States. The aggregate 2013 through 2022. the age of 70 for individuals reaching the age taxes paid should provide the ability to fill (C) COMMITTEE ON AGRICULTURE, NUTRITION, of 62 in 2032. out a tax return no larger than a postcard. AND ENERGY.—The Committee on Agri- (3) The earliest eligibility age will be in- culture, Nutrition, and Energy shall report creased by 3 months per year starting with TITLE VI—SENSE OF CONGRESS changes in law within its jurisdiction suffi- individuals reaching age 62 in 2021 and will SEC. 601. REGULATORY REFORM. cient to reduce direct spending outlays by stop with the reaches age 64 for individuals It is the policy of this concurrent resolu- $6,100,000,000 for the period of fiscal years reaching the age 62 in 2028 or later. tion that Congress and the relevant commit- 2013 through 2022. tees of jurisdiction enact legislation to en- SEC. 502. POLICY STATEMENT ON MEDICARE. (D) COMMITTEE ON ENVIRONMENT AND PUBLIC sure a regulatory reform as follows: It is the policy of this concurrent resolu- WORKS.—The Committee on Environment (1) APPLY REGULATORY ANALYSIS REQUIRE- tion that Congress and the relevant commit- and Public Works shall report changes in MENTS TO INDEPENDENT AGENCIES.—It shall be laws within its jurisdiction sufficient to re- tees of jurisdiction enact legislation to en- the policy of Congress to pass into law a re- duce direct spending outlays by $3,422,000,000 sure a reduction in the unfunded liabilities quirement for independent agencies to abide for the period of fiscal years 2013 through of Medicare as follows: by the same regulatory analysis requirement 2022. (1) Enrolls seniors in the same health care as those required by executive branch agen- (E) COMMITTEE ON HEALTH, EDUCATION, plan as Federal employees and Members of cies LABOR, AND PENSIONS.—The Committee on Congress, similar to the Federal Employee (2) ADOPT THE REGULATIONS FROM THE EXEC- Health, Education, Labor, and Pensions shall Health Benefits Plan (FEHBP). UTIVE IN NEED OF SCRUTINY ACT (REINS).—It report changes in laws within its jurisdiction (2) Beginning on January 1, 2014, the Direc- shall be the of Congress to vote on the Exec- sufficient to reduce direct spending outlays tor of the Office of Personnel Management utive In Need of Scrutiny Act, legislation by $1,584,000,000,000 for the period of fiscal shall ensure seniors currently enrolled or eli- that would require all regulations that im- years 2013 through 2022. gible for Medicare will have access to Con- pose a burden greater than $100 million in (F) COMMITTEE ON FINANCE.—The Com- gressional Health Care for Seniors Act. economic aggregate may not be implement mittee on Finance shall report changes in (3) Prevents the Office of Personnel and as law unless Congress gives their consent by laws within its jurisdiction sufficient to re- Management from placing onerous new man- voting on the rule. duce direct spending outlays by dates on health insurance plans, but allows (3) SUNSET ALL REGULATIONS.—It shall be $3,473,634,000,000 for the period of fiscal years the agency to continue to enforce reasonable the policy of Congress that regulations im- 2013 through 2022. minimal stands for plans, ensure the plans posed by the Federal Government shall auto- (G) COMMITTEE ON ENERGY AND NATURAL RE- are fiscally solvent, and enforces rules for matically sunset every 2 years unless re- SOURCES.—The Committee on Energy and consumer protections. promulgated by Congress. Natural Resources shall report changes in (4) The legislation must create a new (4) PROCESS REFORM.—It shall be the policy laws within its jurisdiction sufficient to re- ‘‘high-risk pool’’ for the highest cost pa- of Congress to implement regulatory process duce direct spending outlays by $7,818,000,000 tients, providing a direct reimbursement to reform by instituting statutorily require for the period of fiscal years 2013 through health care plans that enroll the costliest 5 regulatory impact analysis for all agencies, 2022. percent of patients. require the publication of regulatory impact (b) SUBMISSION OF REVISED ALLOCATIONS.— (5) Ensures that every senior can afford the analysis before the regulation is finalized, Upon the submission to the Committee on high-quality insurance offered by FEHBP, and ensure that not only are regulatory im- the Budget of the Senate of a recommenda- providing support for 75 percent of the total pact analysis conducted, but applied to the tion that has complied with its reconcili- costs, providing additional premium assist- issued regulation or rulemaking. ation instructions solely by virtue of section ance to those who cannot afford the remain- (5) INCORPORATION OF FORMAL RULEMAKING 310(c) of the Congressional Budget Act of ing share. FOR MAJOR RULES.—It shall be the policy of 1974, the chairman of that committee may (6) The legislation must increase the age of Congress to apply formal rulemaking proce- file with the Senate revised allocations eligibility gradually over 20 years, increas- dures to all major regulations or those regu- under section 302(a) of such Act and revised ing the age from 65 to 70, resulting in a 3- lations that exceed $100,000,000 in aggregate functional levels and aggregates. month increase per year. economic costs.

VerDate Mar 15 2010 05:38 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.058 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2272 CONGRESSIONAL RECORD — SENATE March 29, 2012 AMENDMENTS SUBMITTED AND AUTHORITY FOR COMMITTEES TO by Casting Light on Spending in Elec- PROPOSED MEET tions Act of 2012 (DISCLOSE Act of SA 1998. Mr. REID (for Mr. LIEBERMAN) COMMITTEE ON ARMED SERVICES 2012).’’ proposed an amendment to the bill H.R. 2297, Mr. DURBIN. Mr. President, I ask The PRESIDING OFFICER. Without to promote the development of the South- unanimous consent that the Com- objection, it is so ordered. west waterfront in the District of Columbia, mittee on Armed Services be author- COMMITTEE ON SMALL BUSINESS AND and for other purposes. ized to meet during the session of the ENTREPRENEURSHIP SA 1999. Mr. REID (for Mr. PAUL) proposed Mr. DURBIN. Mr. President, I ask an amendment to the resolution S. Res. 80, Senate on March 29, 2012, at 9:30 a.m. The PRESIDING OFFICER. Without unanimous consent that the Com- condemning the Government of Iran for its mittee on Small Business and Entre- state-sponsored persecution of its Baha’i mi- objection, it is so ordered. preneurship be authorized to meet dur- nority and its continued violation of the COMMITTEE ON BANKING, HOUSING, AND URBAN International Covenants on Human Rights. AFFAIRS ing the session of the Senate on March Mr. DURBIN. Mr. President, I ask 29, 2012, at 10 a.m. in room 432 of the f unanimous consent that the Com- Russell Senate Office building to con- duct a hearing entitled ‘‘The FY 2013 TEXT OF AMENDMENTS mittee on Banking, Housing, and Urban Affairs be authorized to meet Budget Request for the Small Business SA 1998. Mr. REID (for Mr. LIEBER- during the session of the Senate on Administration.’’ MAN) proposed an amendment to the March 29, 2012, at 10 a.m. The PRESIDING OFFICER. Without bill H.R. 2297, to promote the develop- The PRESIDING OFFICER. Without objection, it is so ordered. ment of the Southwest waterfront in objection, it is so ordered. AD HOC SUBCOMMITTEE ON CONTRACTING the District of Columbia, and for other OVERSIGHT COMMITTEE ON ENERGY AND NATURAL purposes; as follows: RESOURCES Mr. DURBIN. Mr. President, I ask On page 5, after line 6, add the following: Mr. DURBIN. Mr. President, I ask unanimous consent that the Ad Hoc SEC. 4. PROJECT FOR NAVIGATION, WASHINGTON unanimous consent that the Com- Subcommittee on Contracting Over- CHANNEL, DISTRICT OF COLUMBIA. mittee on Energy and Natural Re- sight of the Committee on Homeland (a) IN GENERAL.—The portion of the project sources be authorized to meet during Security and Governmental Affairs be for navigation of the Corps of Engineers at the session of the Senate on March 29, authorized to meet during the session Potomac River, Washington Channel, Dis- of the Senate on March 29, 2012, at 10 trict of Columbia, as authorized by the Act 2012, at 9:30 a.m., in room 366 of the of August 30, 1935 (chapter 831; 49 Stat. 1028), Dirksen Senate Office Building. a.m. to conduct a hearing entitled and described in subsection (b), is deauthor- The PRESIDING OFFICER. Without ‘‘Contracts: How Much Are They Cost- ized. objection, it is so ordered. ing the Government?’’ (b) DESCRIPTION OF PROJECT.—The de- COMMITTEE ON FOREIGN RELATIONS The PRESIDING OFFICER. Without authorized portion of the project for naviga- Mr. DURBIN. Mr. President, I ask objection, it is so ordered. tion is as follows: Beginning at Washington SELECT COMMITTEE ON INTELLIGENCE Harbor Channel Geometry Centerline of the unanimous consent that the Com- 400-foot-wide main navigational ship chan- mittee on Foreign Relations be author- Mr. DURBIN. Mr. President, I ask nel, Centerline Station No. 103+73.12, coordi- ized to meet during the session of the unanimous consent that the Select nates North 441948.20, East 1303969.30, as stat- Senate on March 29, 2012, at 2:15 p.m., Committee on Intelligence be author- ed and depicted on the Condition Survey to hold a African Affairs Sub- ized to meet during the session of the Anacostia, Virginia, Washington and Maga- committee hearing entitled, ‘‘A Closer Senate on March 29, 2012, at 2:30 p.m. zine Bar Shoal Channels, Washington, D.C., Look at Nigeria: Security, Governance, The PRESIDING OFFICER. Without Sheet 6 of 6, prepared by the United States and Trade.’’ objection, it is so ordered. Army Corps of Engineers, Baltimore district, July 2007; thence departing the aforemen- The PRESIDING OFFICER. Without f tioned centerline traveling the following objection, it is so ordered. PRIVILEGES OF THE FLOOR courses and distances: N. 40 degrees 10 min- COMMITTEE ON HEALTH, EDUCATION, LABOR, utes 45 seconds E., 200.00 feet to a point, on AND PENSIONS Mr. ISAKSON. Mr. President, I ask the outline of said 400-foot-wide channel Mr. DURBIN. Mr. President, I ask unanimous consent that Cate Cravath, thence binding on said outline the following unanimous consent that the Com- Katie Hoppe, and Michael Finn, interns 3 courses and distances: S. 49 degrees 49 min- mittee on Health, Education, Labor, with the Budget Committee, be granted utes 15 seconds E., 1,507.86 feet to a point, and Pensions be authorized to meet, the privilege of the floor during the re- thence; S. 29 degrees 44 minutes 42 seconds mainder of today’s session. E., 2,083.17 feet to a point, thence; S. 11 de- during the session of Senate, in order to conduct a hearing entitled, ‘‘FDA The PRESIDING OFFICER. Without grees 27 minutes 04 seconds E., 363.00 feet to objection, it is so ordered. a point, thence; S. 78 degrees 32 minutes 56 User Fee Agreements: Strengthening seconds W., 200.00 feet to a point binding on FDA and the Medical Products Indus- Mr. HARKIN. Mr. President, I ask the centerline of the 400-foot-wide main try for the Benefit of Patients’’ on unanimous consent that Lucy Stein navigational channel at computed Centerline March 29, 2012, at 10 a.m., in room 216 and Sarah Newman of my staff be Station No. 65+54.31, coordinates North of the Hart Senate Office Building. granted floor privileges for the dura- 438923.9874, East 1306159.9738, thence; con- The PRESIDING OFFICER. Without tion of today’s session. tinuing with the aforementioned centerline objection, it is so ordered. The PRESIDING OFFICER. Without the following courses and distances: N. 11 de- objection, it is so ordered. grees 27 minutes 04 seconds W., 330.80 feet to COMMITTEE ON THE JUDICIARY a point, Centerline Station No. 68+85.10, Mr. DURBIN. Mr. President, I ask f thence; N. 29 degrees 44 minutes 42 seconds unanimous consent that the Com- EXECUTIVE SESSION W., 2,015.56 feet to a point, Centerline Sta- mittee on the Judiciary be authorized tion No. 89+00.67, thence; N. 49 degrees 49 to meet during the session of the Sen- minutes 15 seconds W., 1,472.26 feet to the ate on March 29, 2012, at 9:30 a.m. in EXECUTIVE CALENDAR point of beginning, the area in total con- taining a computed area of 777,284 square SD–226 of the Dirksen Senate Office Mr. REID. I ask unanimous consent feet or 17.84399 acres of riparian water way. Building, to conduct an executive busi- that the Senate proceed to executive ness meeting. session to consider Calendar Nos. 344, SA 1999. Mr. REID (for Mr. PAUL) The PRESIDING OFFICER. Without 346, 422, 493, 494, 495, 496, 499, 500, 504, proposed an amendment to the resolu- objection, it is so ordered. 505, 506, 507, 511, 514, 515, 516, 517, 520, tion S. Res. 80, condemning the Gov- COMMITTEE ON RULES AND ADMINISTRATION 521, 522, 523, 524, 525, 526, 541, 543, 544, ernment of Iran for its state-sponsored Mr. DURBIN. Mr. President, I ask 546, 547, 548, 549, 550, 551, 553, 554, 555, persecution of its Baha’i minority and unanimous consent that the Com- 556, 557, 558, 559, 560, 561, 562, 563, 564, its continued violation of the Inter- mittee on Rules and Administration be 565, 608, 614, 629, 630, 631, 632, 633, 634, national Covenants on Human Rights; authorized to meet during the session 635, 636, 637, 638, 639, 641, 642, 643, 648, as follows: of the Senate on March 29, 2012, at 10 649, and all nominations placed on the On page 5, line 4, strike the words ‘‘all a.m., to conduct a hearing entitled ‘‘S. Secretary’s desk in the Foreign Serv- available’’. 2219, the ‘‘Democracy Is Strengthened ice; that the nominations be confirmed

VerDate Mar 15 2010 05:38 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.055 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2273 en bloc; the motions to reconsider be DEPARTMENT OF STATE INTER-AMERICAN FOUNDATION considered made and laid upon the Roberta S. Jacobson, of Maryland, a Career Eduardo Arriola, of Florida, to be a Mem- table, with no intervening action or de- Member of the Senior Executive Service, to ber of the Board of Directors of the Inter- bate; that no further motions be in be an Assistant Secretary of State (Western American Foundation for a term expiring Hemisphere Affairs). October 6, 2016. order to any of the nominations; that Elizabeth M. Cousens, of Washington, to be J. Kelly Ryan, of Maryland, to be a Mem- any related statements be printed in Representative of the United States of Amer- ber of the Board of Directors of the Inter- the RECORD; and that the President be ica on the Economic and Social Council of American Foundation for the remainder of immediately notified of the Senate’s the United Nations, with the rank of Ambas- the term expiring September 20, 2012. action. sador. OVERSEAS PRIVATE INVESTMENT CORPORATION The PRESIDING OFFICER. Is there Elizabeth M. Cousens, of Washington, to be Michael James Warren, of the District of objection? an Alternate Representative of the United Columbia, to be a Member of the Board of Di- States of America to the Sessions of the rectors of the Overseas Private Investment The Republican leader. General Assembly of the United Nations, Mr. MCCONNELL. Mr. President, I Corporation for a term expiring December 17, during her tenure of service as Representa- 2014. will not be objecting, but I do want to tive of the United States of America on the briefly make a comment. This is the Economic and Social Council of the United SAINT LAWRENCE SEAWAY DEVELOPMENT result of a successful discussion among Nations. CORPORATION David J. McMillan, of Minnesota, to be a the majority leader, the White House, DEPARTMENT OF JUSTICE Member of the Advisory Board of the Saint and myself. Based on the White House Michael E. Horowitz, of Maryland, to be In- Lawrence Seaway Development Corporation, assurance that there will be no recess spector General, Department of Justice. vice Scott Kevin Walker. appointments during the upcoming ad- DEPARTMENT OF COMMERCE Wenona Singel, of Michigan, to be a Mem- journment, I will not be objecting. Rebecca M. Blank, of Maryland, to be Dep- ber of the Advisory Board of the Saint Law- I wish to say to my friend, the major- uty Secretary of Commerce. rence Seaway Development Corporation. ity leader, this is the way we ought to FEDERAL TRADE COMMISSION DEPARTMENT OF JUSTICE be conducting business. I think it was Jon D. Leibowitz, of Maryland, to be a Fed- Anuj Chang Desai, of Wisconsin, to be a a successful negotiation, and I cer- eral Trade Commissioner for a term of seven Member of the Foreign Claims Settlement tainly do not object. years from September 26, 2010. Commission of the United States for the Maureen K. Ohlhausen, of Virginia, to be a term expiring September 30, 2011. The PRESIDING OFFICER. Without Federal Trade Commissioner for a term of Anuj Chang Desai, of Wisconsin, to be a objection, it is so ordered. seven years from September 26, 2011. Member of the Foreign Claims Settlement Mr. REID. Mr. President, very quick- DEPARTMENT OF JUSTICE Commission of the United States for the ly—I know the Republican leader is in Kathryn Keneally, of New York, to be an term expiring September 30, 2014. Dennis J. Erby, of Mississippi, to be United a hurry—I agree. This is the way we Assistant Attorney General. should legislate. I hope—maybe not in States Marshal for the Northern District of DEPARTMENT OF HOUSING AND URBAN Mississippi for the term of four years. the 2-week period we come back, but DEVELOPMENT after that—we start doing appropria- UNITED STATES AGENCY FOR INTERNATIONAL Maurice A. Jones, of Virginia, to be Dep- DEVELOPMENT tions bills. We are both committed— uty Secretary of Housing and Urban Devel- Earl W. Gast, of California, to be an Assist- opment. the Republican leader and I—we are ant Administrator of the United States committed to doing appropriations FEDERAL DEPOSIT INSURANCE CORPORATION Agency for International Development. bills this year, and we have to do that. Thomas Hoenig, of Missouri, to be a Mem- DEPARTMENT OF STATE ber of the Board of Directors of the Federal We cannot let other things stand in the Anne Claire Richard, of New York, to be an Deposit Insurance Corporation for a term of way of getting them done. I appreciate Assistant Secretary of State (Population, six years. the cooperation of the White House and Refugees, and Migration). my friend the Republican leader. NATIONAL FOUNDATION ON THE ARTS AND THE Tara D. Sonenshine, of Maryland, to be The nominations considered and con- HUMANITIES Under Secretary of State for Public Diplo- firmed are as follows: Deepa Gupta, of Illinois, to be a Member of macy. the National Council on the Arts for a term Robert E. Whitehead, of Florida, a Career FEDERAL DEPOSIT INSURANCE CORPORATION expiring September 3, 2016. Member of the Senior Foreign Service, Class Martin J. Gruenberg, of Maryland, to be a Christopher Merrill, of Iowa, to be a Mem- of Minister-Counselor, to be Ambassador Ex- Member of the Board of Directors of the Fed- ber of the National Council on the Human- traordinary and Plenipotentiary of the eral Deposit Insurance Corporation for a ities for a term expiring January 26, 2016. United States of America to the Togolese term expiring December 27, 2018. NATIONAL COUNCIL ON DISABILITY Republic. Larry Leon Palmer, of Georgia, a Career DEPARTMENT OF THE TREASURY Stephanie Orlando, of New York, to be a Member of the National Council on Dis- Member of the Senior Foreign Service, Class Thomas J. Curry, of Massachusetts, to be of Minister-Counselor, to be Ambassador Ex- ability for the remainder of the term expir- Comptroller of the Currency for a term of traordinary and Plenipotentiary of the five years. ing September 17, 2011. Stephanie Orlando, of New York, to be a United States of America to Barbados, and DEPARTMENT OF STATE Member of the National Council on Dis- to serve concurrently and without additional Michael A. Hammer, of the District of Co- ability for a term expiring September 17, compensation as Ambassador Extraordinary lumbia, a Career Member of the Senior For- 2014. and Plenipotentiary of the United States of eign Service, Class of Counselor to be an As- Gary Blumenthal, of Massachusetts, to be America to St. Kitts and Nevis, Saint Lucia, sistant Secretary of State (Public Affairs). a Member of the National Council on Dis- Antigua and Barbuda, the Commonwealth of DEPARTMENT OF ENERGY ability for a term expiring September 17, Dominica, Grenada, and Saint Vincent and 2013. the Grenadines. Charles DeWitt McConnell, of Ohio, to be Jonathan Don Farrar, of California, a Ca- an Assistant Secretary of Energy (Fossil En- CORPORATION FOR NATIONAL AND COMMUNITY reer Member of the Senior Foreign Service, ergy). SERVICE Class of Minister-Counselor, to be Ambas- David T. Danielson, of California, to be an Wendy M. Spencer, of Florida, to be Chief sador Extraordinary and Plenipotentiary of Assistant Secretary of Energy (Energy Effi- Executive Officer of the Corporation for Na- the United States of America to the Republic ciency and Renewable Energy). tional and Community Service. of Panama. LaDoris Guess Harris, of Georgia, to be Di- DEPARTMENT OF THE TREASURY Phyllis Marie Powers, of Virginia, a Career rector of the Office of Minority Economic Mary John Miller, of Maryland, to be an Member of the Senior Foreign Service, Class Impact, Department of Energy. Under Secretary of the Treasury. of Minister-Counselor, to be Ambassador Ex- Gregory Howard Woods, of New York, to be traordinary and Plenipotentiary of the UNITED STATES TAX COURT General Counsel of the Department of En- United States of America to the Republic of ergy. Kathleen Kerrigan, of Massachusetts, to be Nicaragua. a Judge of the United States Tax Court for STATE JUSTICE INSTITUTE Nancy J. Powell, of Iowa, a Career Member the term of fifteen years. James R. Hannah, of Arkansas, to be a of the Senior Foreign Service, Personal DEPARTMENT OF THE TREASURY Member of the Board of Directors of the Rank of Career Ambassador, to be Ambas- State Justice Institute for a term expiring Alastair M. Fitzpayne, of Maryland, to be sador Extraordinary and Plenipotentiary of September 17, 2013. a Deputy Under Secretary of the Treasury. the United States of America to India. Daniel J. Becker, of Utah, to be a Member DEPARTMENT OF HOMELAND SECURITY FARM CREDIT ADMINISTRATION of the Board of Directors of the State Justice Margaret Ann Sherry, of Virginia, to be Bruce J. Sherrick, of Illinois, to be a Mem- Institute for a term expiring September 17, Chief Financial Officer, Department of ber of the Board of Directors of the Federal 2013. Homeland Security. Agricultural Mortgage Corporation.

VerDate Mar 15 2010 06:17 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.123 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2274 CONGRESSIONAL RECORD — SENATE March 29, 2012 Chester John Culver, of Iowa, to be a Mem- Federal Deposit Insurance Corporation for To be captain ber of the Board of Directors of the Federal the remainder of the term expiring July 15, Patrick K. Aboagye, 6749 Agricultural Mortgage Corporation. 2013. David R. Allen, 2274 JAMES MADISON MEMORIAL FELLOWSHIP DEPARTMENT OF JUSTICE William F. Csisar, 6055 FOUNDATION Gregory K. Kavis, of Mississippi, to be f Catherine Allgor, of California, to be a United States Attorney for the Southern Member of the Board of Trustees of the District of Mississippi for the term of four EXECUTIVE CALENDAR James Madison Memorial Fellowship Foun- years. Mr. REID. Mr. President, I ask unan- dation for a term expiring September 27, OMINATIONS PLACED ON THE SECRETARY’S imous consent that the Senate proceed 2014. N DESK to the consideration of the following DEPARTMENT OF JUSTICE IN THE FOREIGN SERVICE nominations: Calendar Nos. 258, 259, Thomas M. Harrigan, of New York, to be 262, and 264; that the nominations be Deputy Administrator of Drug Enforcement. PN1345 FOREIGN SERVICE nominations (4) beginning Olga Ford, and ending Mar- confirmed en bloc, the motions to re- DEPARTMENT OF STATE garet Shu Teasdale, which nominations were consider be considered made and laid Gina K. Abercrombie-Winstanley, of Ohio, received by the Senate and appeared in the a Career Member of the Senior Foreign Serv- upon the table, there be no intervening Congressional Record of February 2, 2012. ice, Class of Minister-Counselor, to be Am- action or debate; that no motions be in PN1347 FOREIGN SERVICE nominations bassador Extraordinary and Plenipotentiary order to any of the nominations; that (65) beginning Terry L. Murphree, and ending of the United States of America to the Re- any related statements be printed in Andrew J. Wylie, which nominations were public of Malta. the RECORD and President Obama be Julissa Reynoso, of New York, to be Am- received by the Senate and appeared in the Congressional Record of February 2, 2012. immediately notified of the Senate’s bassador Extraordinary and Plenipotentiary action. of the United States of America to the Ori- PN1408 FOREIGN SERVICE nominations ental Republic of Uruguay. (2) beginning Morgan D. Haas, and ending The PRESIDING OFFICER. Without William E. Todd, of Virginia, a Career Stephen L. Wixom, which nominations were objection, it is so ordered. Member of the Senior Executive Service, to received by the Senate and appeared in the The nominations considered and con- be Ambassador Extraordinary and Pleni- Congressional Record of February 29, 2012. firmed are as follows: potentiary of the United States of America f CORPORATION FOR NATIONAL AND COMMUNITY to the Kingdom of Cambodia. SERVICE NOMINATIONS DISCHARGED Jacob Walles, of Delaware, a Career Mem- Phyllis Nichamoff Segal, of Massachusetts, ber of the Senior Foreign Service, Class of Mr. REID. Mr. President, I ask unan- to be a Member of the Board of Directors of Minister-Counselor, to be Ambassador Ex- the Corporation for National and Commu- traordinary and Plenipotentiary of the imous consent that the Commerce nity Service for a term expiring October 6, United States of America to the Tunisian Committee be discharged from further consideration of and the Senate pro- 2013. Republic. Lisa M. Quiroz, of New York, to be a Mem- Pamela A. White, of Maine, a Career Mem- ceed to the consideration of Presi- ber of the Board of Directors of the Corpora- ber of the Senior Foreign Service, Class of dential nominations 1134, 1135, 1136, tion for National and Community Service for Career Minister, to be Ambassador Extraor- 1137, and 1312; that the nominations be a term expiring February 8, 2014. dinary and Plenipotentiary of the United confirmed, the motions to reconsider Marguerite W. Kondracke, of Tennessee, to States of America to the Republic of Haiti. be a Member of the Board of Directors of the John Christopher Stevens, of California, a be considered made and laid upon the Corporation for National and Community Career Member of the Senior Foreign Serv- table, there be no intervening action or ice, Class of Counselor, to be Ambassador Ex- debate; that no further motions be in Service for a term expiring June 10, 2014. Richard Christman, of Kentucky, to be a traordinary and Plenipotentiary of the order to the nominations; that any re- Member of the Board of Directors of the Cor- United States of America to Libya. lated statements be printed in the Tracey Ann Jacobson, of the District of poration for National and Community Serv- RECORD and the President be imme- Columbia, a Career Member of the Senior ice for the remainder of the term expiring Foreign Service, Class of Minister-Counselor, diately notified of the Senate’s action. October 6, 2012. to be Ambassador Extraordinary and Pleni- The PRESIDING OFFICER. Without Mr. REID. I know there is one Sen- potentiary of the United States of America objection, it is so ordered. ator very happy about that. That is to the Republic of Kosovo. The nominations considered and con- Senator MIKULSKI. I am glad we were Kenneth Merten, of Virginia, a Career firmed are as follows: able to get this done. Member of the Senior Foreign Service, Class IN THE COAST GUARD of Minister-Counselor, to be Ambassador Ex- f traordinary and Plenipotentiary of the The following named officer for appoint- NOMINATION DISCHARGED United States of America to the Republic of ment as Vice Commandant of the United Croatia. States Coast Guard and to the grade indi- Mr. REID. Mr. President, I ask unan- Mark A. Pekala, of Maryland, a Career cated under Title 14, U.S.C., Section 47: imous consent that the Homeland Se- Member of the Senior Foreign Service, Class To be vice admiral curity and Governmental Affairs Com- of Minister-Counselor, to be Ambassador Ex- Vice Adm. John P. Currier, 0852 mittee be discharged from further con- traordinary and Plenipotentiary of the The following named officer for appoint- sideration of and the Senate proceed to United States of America to the Republic of the consideration of Presidential nomi- Latvia. ment to a position of importance and respon- Richard B. Norland, of Iowa, a Career sibility in the U.S. Coast Guard and to the nation 1311, Christy L. Romero, of Vir- Member of the Senior Foreign Service, Class grade indicated under Title 14, U.S.C., Sec- ginia, to be special inspector general of Minister-Counselor, to be Ambassador Ex- tion 50: for the Troubled Asset Relief Program, traordinary and Plenipotentiary of the To be vice admiral which was reported out by the Banking United States of America to Georgia. Rear Adm. Paul F. Zukunft, 7122 Committee today; that the nomination Jeffrey D. Levine, of California, a Career be confirmed, the motion to reconsider Member of the Senior Foreign Service, Class The following named officer for appoint- of Minister-Counselor, to be Ambassador Ex- ment to a position of importance and respon- be considered made and laid upon the traordinary and Plenipotentiary of the sibility in the U.S. Coast Guard and to the table, there be no intervening action or United States of America to the Republic of grade indicated under Title 14, U.S.C., Sec- debate; that no further motions be in Estonia. tion 50: order to the nomination; that any re- DEPARTMENT OF STATE To be vice admiral lated statements be printed in the Frederick D. Barton, of Maine, to be an As- Vice Adm. Manson K. Brown, 6734 RECORD; that the President be imme- sistant Secretary of State (Conflict and Sta- The following named officer for appoint- diately notified of the Senate’s action bilization Operations). ment to a position of importance and respon- and the Senate then resume legislative Frederick D. Barton, of Maine, to be Coor- sibility in the U.S. Coast Guard and to the session. dinator for Reconstruction and Stabiliza- grade indicated under Title 14, U.S.C., Sec- The PRESIDING OFFICER. Without tion. tion 50: Linda Thomas-Greenfield, of Louisiana, a objection, it is so ordered. Career Member of the Senior Foreign Serv- To be vice admiral The nomination considered and con- ice, Class of Minister-Counselor, to be Direc- Rear Adm. Peter V. Neffenger, 7652 firmed is as follows: tor General of the Foreign Service. The following named officers for appoint- DEPARTMENT OF THE TREASURY FEDERAL DEPOSIT INSURANCE CORPORATION ment to the grade indicated in the United Christy L. Romero, of Virginia, to be Spe- Jeremiah O’Hear Norton, of Virginia, to be States Coast Guard Reserve under Title 10, cial Inspector General for the Troubled Asset a Member of the Board of Directors of the U.S.C., Section 12203(A): Relief Program.

VerDate Mar 15 2010 06:41 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.069 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2275 LEGISLATIVE SESSION lution, whichever occurs first; and that when 3 courses and distances: S. 49 degrees 49 min- the House adjourns on any legislative day utes 15 seconds E., 1,507.86 feet to a point, The PRESIDING OFFICER. The Sen- through Friday, April 13, 2012, on a motion thence; S. 29 degrees 44 minutes 42 seconds ate will now return to legislative ses- offered pursuant to this concurrent resolu- E., 2,083.17 feet to a point, thence; S. 11 de- sion. tion by its majority leader or his designee, it grees 27 minutes 04 seconds E., 363.00 feet to f stand adjourned until 2 p.m. on Monday, a point, thence; S. 78 degrees 32 minutes 56 April 16, 2012, or until the time of any re- seconds W., 200.00 feet to a point binding on UNANIMOUS CONSENT AGREE- assembly pursuant to section 2 of this con- the centerline of the 400-foot-wide main MENT—EXECUTIVE CALENDAR current resolution, whichever occurs first. navigational channel at computed Centerline NO. 460 SEC. 2. The Majority Leader of the Senate Station No. 65+54.31, coordinates North and the Speaker of the House, or their re- 438923.9874, East 1306159.9738, thence; con- Mr. REID. Mr. President, I ask unan- spective designees, acting jointly after con- tinuing with the aforementioned centerline imous consent that on Monday, April sultation with the Minority Leader of the the following courses and distances: N. 11 de- 16, 2012, at 4:30 p.m., the Senate proceed Senate and the Minority Leader of the grees 27 minutes 04 seconds W., 330.80 feet to to executive session to consider Cal- House, shall notify the members of the Sen- a point, Centerline Station No. 68+85.10, endar No. 460; that there be 60 minutes ate and House, respectively, to reassemble at thence; N. 29 degrees 44 minutes 42 seconds for debate equally divided in the usual such place and time as they may designate W., 2,015.56 feet to a point, Centerline Sta- if, in their opinion, the public interest shall tion No. 89+00.67, thence; N. 49 degrees 49 form; that upon the use or yielding warrant it. back of that time, the Senate proceed minutes 15 seconds W., 1,472.26 feet to the to vote with no intervening action or f point of beginning, the area in total con- debate on Calendar No. 460; that the PROMOTING THE DEVELOPMENT taining a computed area of 777,284 square motion to reconsider be considered OF THE SOUTHWEST WATER- feet or 17.84399 acres of riparian water way. made and laid upon the table, with no FRONT IN THE DISTRICT OF CO- The amendment was ordered to be intervening action or debate; that no LUMBIA engrossed and the bill to be read a further motions be in order; that any Mr. REID. Mr. President, I ask unan- third time. related statements be printed in the imous consent that the Senate proceed The bill (H.R. 2297), as amended, was RECORD; that the President be imme- to the consideration of Calendar No. read the third time and passed, as fol- diately notified of the Senate’s action 352, H.R. 2297. lows: and the Senate then resume legislative The PRESIDING OFFICER. The session. clerk will report the bill by title. H.R. 2297 The PRESIDING OFFICER. Without The assistant legislative clerk read Resolved, That the bill from the House of objection, it is so ordered. as follows: Representatives (H.R. 2297) entitled ‘‘An Act f A bill (H.R. 2297) to promote the develop- to promote the development of the South- ment of the Southwest waterfront in the Dis- west waterfront in the District of Columbia, PROVIDING FOR A CONDITIONAL trict of Columbia, and for other purposes. and for other purposes.’’, do pass with the following amendment: ADJOURNMENT OR RECESS OF There being no objection, the Senate THE SENATE AND ADJOURN- proceeded to consider the bill. On page 5, after line 10, add the following: MENT OF THE HOUSE OF REP- Mr. REID. Mr. President, I ask unan- RESENTATIVES SEC. 4. PROJECT FOR NAVIGATION, WASHINGTON imous consent that the Lieberman CHANNEL, DISTRICT OF COLUMBIA. Mr. REID. Mr. President, I ask unan- amendment, which is at the desk, be (a) IN GENERAL.—The portion of the project imous consent that the Senate proceed agreed to, the bill, as amended, be read for navigation of the Corps of Engineers at Po- to the immediate consideration of S. the third time and passed, the motion tomac River, Washington Channel, District of Con. Res. 38, the adjournment resolu- to reconsider be laid upon the table, Columbia, as authorized by the Act of August tion, which was submitted earlier with no intervening action or debate, 30, 1935 (chapter 831; 49 Stat. 1028), and de- today. and that any related statements be scribed in subsection (b), is deauthorized. The PRESIDING OFFICER. Without printed in the RECORD as if read. (b) DESCRIPTION OF PROJECT.—The deauthor- objection, it is so ordered. The clerk The PRESIDING OFFICER. Without ized portion of the project for navigation is as will report. objection, it is so ordered. follows: Beginning at Washington Harbor Chan- The assistant legislative clerk read The amendment (No. 1998) was agreed nel Geometry Centerline of the 400-foot-wide as follows: to, as follows: main navigational ship channel, Centerline Sta- tion No. 103+73.12, coordinates North 441948.20, A concurrent resolution (S. Con. Res. 38) to (Purpose: To deauthorize a portion of the East 1303969.30, as stated and depicted on the provide for the conditional adjournment or project for navigation of the Corps of Engi- Condition Survey Anacostia, Virginia, Wash- recess of the Senate and an adjournment of neers at Potomac River, Washington Chan- ington and Magazine Bar Shoal Channels, the House of Representatives. nel, District of Columbia) Washington, D.C., Sheet 6 of 6, prepared by the There being no objection, the Senate On page 5, after line 6, add the following: United States Army Corps of Engineers, Balti- proceeded to consider the concurrent SEC. 4. PROJECT FOR NAVIGATION, WASHINGTON more district, July 2007; thence departing the resolution. CHANNEL, DISTRICT OF COLUMBIA. aforementioned centerline traveling the fol- Mr. REID. Mr. President, I ask unan- (a) IN GENERAL.—The portion of the project lowing courses and distances: N. 40 degrees 10 for navigation of the Corps of Engineers at minutes 45 seconds E., 200.00 feet to a point, on imous consent that the concurrent res- Potomac River, Washington Channel, Dis- the outline of said 400-foot-wide channel thence olution be agreed to and the motion to trict of Columbia, as authorized by the Act binding on said outline the following 3 courses reconsider be laid upon the table, with of August 30, 1935 (chapter 831; 49 Stat. 1028), and distances: S. 49 degrees 49 minutes 15 sec- no intervening action or debate. and described in subsection (b), is deauthor- onds E., 1,507.86 feet to a point, thence; S. 29 de- The PRESIDING OFFICER. Without ized. grees 44 minutes 42 seconds E., 2,083.17 feet to a objection, it is so ordered. (b) DESCRIPTION OF PROJECT.—The de- point, thence; S. 11 degrees 27 minutes 04 sec- The concurrent resolution (S. Con. authorized portion of the project for naviga- onds E., 363.00 feet to a point, thence; S. 78 de- Res. 38) was agreed to, as follows: tion is as follows: Beginning at Washington grees 32 minutes 56 seconds W., 200.00 feet to a Harbor Channel Geometry Centerline of the point binding on the centerline of the 400-foot- S. CON. RES. 38 400-foot-wide main navigational ship chan- wide main navigational channel at computed Resolved by the Senate (the House of Rep- nel, Centerline Station No. 103+73.12, coordi- Centerline Station No. 65+54.31, coordinates resentatives concurring), That when the Sen- nates North 441948.20, East 1303969.30, as stat- North 438923.9874, East 1306159.9738, thence; ate recesses or adjourns on any day from ed and depicted on the Condition Survey continuing with the aforementioned centerline Thursday, March 29, 2012, through Sunday, Anacostia, Virginia, Washington and Maga- the following courses and distances: N. 11 de- April 1, 2012, on a motion offered pursuant to zine Bar Shoal Channels, Washington, D.C., grees 27 minutes 04 seconds W., 330.80 feet to a this concurrent resolution by its Majority Sheet 6 of 6, prepared by the United States point, Centerline Station No. 68+85.10, thence; Leader or his designee, it stand recessed or Army Corps of Engineers, Baltimore district, N. 29 degrees 44 minutes 42 seconds W., 2,015.56 adjourned until 12:00 noon on Monday, April July 2007; thence departing the aforemen- feet to a point, Centerline Station No. 89+00.67, 16, 2012, or such other time on that day as tioned centerline traveling the following thence; N. 49 degrees 49 minutes 15 seconds W., may be specified by its Majority Leader or courses and distances: N. 40 degrees 10 min- 1,472.26 feet to the point of beginning, the area his designee in the motion to recess or ad- utes 45 seconds E., 200.00 feet to a point, on in total containing a computed area of 777,284 journ, or until the time of any reassembly the outline of said 400-foot-wide channel square feet or 17.84399 acres of riparian water pursuant to section 2 of this concurrent reso- thence binding on said outline the following way.

VerDate Mar 15 2010 05:38 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00089 Fmt 4624 Sfmt 6333 E:\CR\FM\G29MR6.103 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2276 CONGRESSIONAL RECORD — SENATE March 29, 2012 CONDEMNING THE GOVERNMENT Whereas, on December 21, 2010, the United Act of 2010 and Executive Order 13553, to OF IRAN FOR HUMAN RIGHTS Nations General Assembly adopted a resolu- sanction officials of the Government of Iran VIOLATIONS tion (A/RES/65/226) noting ‘‘serious ongoing and other individuals directly responsible for and recurring human rights violations’’ in egregious human rights violations in Iran, Mr. REID. Mr. President, I ask unan- Iran, including against the Baha’i commu- including against the Baha’i community. imous consent that the Senate proceed nity; f to the consideration of Calendar No. Whereas, in November 2007, the Ministry of 345, S. Res. 80. Information of Iran in Shiraz jailed Baha’is EXPRESSING SUPPORT FOR THE The PRESIDING OFFICER. The Ms. Raha Sabet, 33, Mr. Sasan Taqva, 32, and PEOPLE OF TIBET Ms. Haleh Roohi, 29, for educating under- Mr. REID. Mr. President, I ask unan- clerk will report the resolution by privileged children, and gave them 4-year title. prison terms; imous consent that the Senate now The assistant legislative clerk read Whereas Ms. Sabet remains imprisoned in proceed to consideration of Calendar as follows: Iran; No. 347, S. Res. 356. A resolution (S. Res. 80) condemning the Whereas Ms. Sabet, Mr. Taqva, and Ms. The PRESIDING OFFICER. The Government of Iran for its state-sponsored Roohi were targeted solely on the basis of clerk will report the resolution by persecution of the Baha’i minority and its their religion; title. continued violation of the International Cov- Whereas, in March and May of 2008, intel- The assistant legislative clerk read enants on Human Rights. ligence officials of the Government of Iran in as follows: Mashhad and Tehran arrested and impris- There being no objection, the Senate A resolution (S. Res. 356) expressing sup- oned Mrs. Fariba Kamalabadi, Mr. port for the people of Tibet. proceeded to consider the resolution. Jamaloddin Khanjani, Mr. Afif Naeimi, Mr. AMENDMENT NO. 1999 Saeid Rezaie, Mr. Behrouz Tavakkoli, Mrs. There being no objection, the Senate Mr. REID. Mr. President, I ask unan- Mahvash Sabet, and Mr. Vahid Tizfahm, the proceeded to consider the resolution, imous consent that the Paul amend- members of the coordinating group for the which had been reported by the Com- ment, which is at the desk, be agreed Baha’i community in Iran; mittee on Foreign Relations without Whereas, in August 2010, the Revolutionary to and that the Senate proceed imme- amendment and an amendment to the Court in Tehran sentenced the 7 Baha’i lead- preamble, as follows: diately to a voice vote on adoption of ers to 20-year prison terms on charges of [Omit the part printed in boldface the resolution, as amended. ‘‘spying for Israel, insulting religious sanc- brackets and insert the part printed in The PRESIDING OFFICER. Without tities, propaganda against the regime and Italic.] objection, it is so ordered. spreading corruption on earth’’; S. RES. 356 The amendment (No. 1999) was agreed Whereas the lawyer for these 7 leaders, to, as follows: Mrs. Shirin Ebadi, the Nobel Laureate, has Whereas Tibet is the center of Tibetan On page 5, line 4, strike the words ‘‘all been denied all access to the prisoners and Buddhism, and His Holiness the Dalai Lama, available’’. their files; Tenzin Gyatso, is the most revered figure in The PRESIDING OFFICER. The Whereas these 7 Baha’i leaders were tar- Tibetan Buddhism; geted solely on the basis of their religion; Whereas the Government of the People’s question is on agreeing to the resolu- Whereas, in February 2011, the Revolu- Republic of China continues to enforce poli- tion, as amended. tionary Court in Tehran sentenced human cies that infringe on fundamental freedoms The resolution (S. Res. 80), as amend- rights activist and follower of the Baha’i of Tibetans, including punitive security ed, was agreed to. faith, Navid Khanjani, to a 12-year prison measures against monasteries, mass arrests, Mr. REID. Mr. President, I further term on charges of ‘‘propaganda against the and restrictions on freedom to practice reli- ask unanimous consent that the pre- regime by publishing news, reports, and gion; amble be agreed to, the motion to re- interviews with foreign TV and radio,’’ Whereas both the Dalai Lama and the Kalon Tripa, Dr. Lobsang Sangay, the prime consider be laid upon the table with no among others; Whereas the Government of Iran is party minister democratically elected by the Ti- intervening action or debate, and that to the International Covenants on Human betan exile community, have specifically any related statements be printed in Rights; and stated that they do not seek independence the RECORD. Whereas the Comprehensive Iran Sanc- for Tibet from China; The PRESIDING OFFICER. Without tions, Accountability, and Divestment Act of Whereas, in his inaugural address on Au- objection, it is so ordered. 2010 (Public Law 111–195) authorizes the gust 8, 2011, Kalon Tripa Sangay stated that The preamble was agreed to. President and the Secretary of State to im- he will ‘‘continue the Middle-Way policy, The resolution, as amended, with its pose sanctions on ‘‘the officials of the Gov- which seeks genuine autonomy for Tibet preamble reads as follows: ernment of Iran and other individuals who within the People’s Republic of China’’; are responsible for continuing and severe Whereas, according to the Department of S. RES. 80 violations of human rights and religious State’s 2011 Report on Tibet Negotiations, Whereas, in 1982, 1984, 1988, 1990, 1992, 1994, freedom in Iran’’: Now, therefore, be it since 2002, nine rounds of talks between the 1996, 2000, 2006, 2008, and 2009, Congress de- Resolved, That the Senate— Government of the People’s Republic of clared that it deplored the religious persecu- (1) condemns the Government of Iran for China and envoys of the Dalai Lama ‘‘have tion by the Government of Iran of the Baha’i its state-sponsored persecution of its Baha’i not borne concrete results’’; community and would hold the Government minority and its continued violation of the Whereas, despite persistent efforts by the of Iran responsible for upholding the rights International Covenants on Human Rights; Dalai Lama and his representatives, the Gov- of all Iranian nationals, including members (2) calls on the Government of Iran to im- ernment of the People’s Republic of China of the Baha’i faith; mediately release the seven leaders and all and envoys of the Dalai Lama have not held Whereas the 2010 Department of State other prisoners held solely on account of any formal dialogue since January 2010; International Religious Freedom Report their religion, including Mrs. Fariba øWhereas, since March 2011, at least 16 Ti- stated, ‘‘Since the 1979 Islamic Revolution, Kamalabadi, Mr. Jamaloddin Khanjani, Mr. betans have set themselves on fire, and at more than 200 Baha’is have been killed, and Afif Naeimi, Mr. Saeid Rezaie, Mr. Behrouz least 12 have died;¿ many have faced regular raids and confisca- Tavakkoli, Mrs. Mahvash Sabet, Mr. Vahid Whereas, since March 2011, more than two tion of property.’’; Tizfahm, Ms. Raha Sabet, and Mr. Navid dozen Tibetans have set themselves on fire, and Whereas the 2009 Department of State Khanjani; at least 19 have died; Human Rights Report stated, ‘‘The govern- (3) calls on the President and Secretary of Whereas the repressive policies of the Gov- ment [of Iran] continued to repress Baha’is State, in cooperation with the international ernment of the People’s Republic of China and prevent them from meeting in homes to community, to immediately condemn the have created an environment of despair, worship. It banned them from government Government of Iran’s continued violation of hopelessness, and frustration among many and military leadership posts, the social pen- human rights and demand the immediate re- Tibetans; sion system, and public schools and univer- lease of prisoners held solely on account of Whereas, on November 1, 2011, the United sities unless they concealed their faith.’’; their religion, including Mrs. Fariba Nations Special Rapporteur on Freedom of Whereas, on October 15, 2010, the United Kamalabadi, Mr. Jamaloddin Khanjani, Mr. Religion or Belief, Heiner Bielefeldt, ex- Nations Secretary-General issued a special Afif Naeimi, Mr. Saeid Rezaie, Mr. Behrouz pressed concern over ‘‘restrictive measures’’ report on human rights in Iran, stating that Tavakkoli, Mrs. Mahvash Sabet, Mr. Vahid implemented by the Government of the Peo- ‘‘the Baha’i, who comprise the country’s Tizfahm, Ms. Raha Sabet, and Mr. Navid ple’s Republic of China in Tibetan mon- largest non-Muslim religious minority, face Khanjani; and asteries, stating that such measures ‘‘not multiple forms of discrimination and harass- (4) urges the President and Secretary of only curtail the right to freedom of religion ment, including denial of employment, Gov- State to utilize measures, such as those or belief, but further exacerbate the existing ernment benefits and access to higher edu- available under the Comprehensive Iran tensions, and are counterproductive’’ and af- cation’’; Sanctions, Accountability, and Divestment firming that ‘‘the right of members of the

VerDate Mar 15 2010 05:38 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.107 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2277 monastic community, and the wider commu- to the resolution be printed in the linquish his last remaining governmental du- nity to freely practice their religion, should RECORD. ties in the Central Tibetan Administration, be fully respected and guaranteed by the Chi- The committee-reported amendment and would turn over political authority to nese Government’’; to the preamble was agreed to. the leadership democratically elected by Ti- betans in exile; Whereas, on January 24, 2012, Maria Otero, The preamble, as amended, was Under Secretary for Civilian Security, De- Whereas, on March 20, 2011, the Tibetan mocracy and Human Rights, and United agreed to. government in exile conducted competitive States Special Coordinator for Tibetan The resolution, with its preamble, as democratic elections that were monitored by Issues, issued a statement expressing con- amended, reads as follows: international observers and deemed free, cern about ‘‘reports of violence and con- S. RES. 356 fair, and consistent with international tinuing heightened tensions in Tibetan areas Whereas Tibet is the center of Tibetan standards; of China, including reports of security forces Buddhism, and His Holiness the Dalai Lama, Whereas nearly 50,000 people in over 30 in Sichuan province opening fire on pro- Tenzin Gyatso, is the most revered figure in countries, more than half of all the eligible testers, killing some and injuring others’’; Tibetan Buddhism; Tibetan exiles voters, participated in the Whereas the Constitution of the People’s Whereas the Government of the People’s March 20, 2011, elections; Republic of China guarantees freedom of re- Republic of China continues to enforce poli- Whereas Dr. Lobsang Sangay was elected Kalon Tripa, or prime minister, of the Cen- ligious belief for all citizens, but the July- cies that infringe on fundamental freedoms tral Tibetan Administration after receiving December 2010 International Religious Free- of Tibetans, including punitive security 55 percent of votes in the March 20, 2011, dom Report of the Department of State measures against monasteries, mass arrests, election and was inaugurated on August 8, states that ‘‘the [Chinese] government’s re- and restrictions on freedom to practice reli- 2011; pression of religious freedom remained se- gion; Whereas Kalon Tripa Sangay was selected vere in the Tibet Autonomous Region and Whereas both the Dalai Lama and the to study in the United States under the De- other Tibetan areas’’; Kalon Tripa, Dr. Lobsang Sangay, the prime partment of State’s Tibetan Scholarship Whereas, on March 10, 2011, His Holiness minister democratically elected by the Ti- Program, earning a doctorate in law from the Dalai Lama announced that he would re- betan exile community, have specifically linquish his last remaining governmental du- Harvard University, and served as a Senior stated that they do not seek independence Fellow at the East Asian Legal Studies Pro- ties in the Central Tibetan Administration, for Tibet from China; and would turn over political authority to gram at Harvard Law School; Whereas, in his inaugural address on Au- Whereas Kalon Tripa Sangay, while at Har- the leadership democratically elected by Ti- gust 8, 2011, Kalon Tripa Sangay stated that betans in exile; vard University, promoted dialogue among he will ‘‘continue the Middle-Way policy, Tibetan exiles and Chinese students and vis- Whereas, on March 20, 2011, the Tibetan which seeks genuine autonomy for Tibet government in exile conducted competitive iting Chinese scholars to enhance mutual un- within the People’s Republic of China’’; derstanding and advance the prospects for democratic elections that were monitored by Whereas according to the Department of international observers and deemed free, reconciliation; and State’s 2011 Report on Tibet Negotiations, Whereas it is the objective of the United fair, and consistent with international since 2002, nine rounds of talks between the standards; States Government, consistent across ad- Government of the People’s Republic of ministrations of different political parties Whereas nearly 50,000 people in over 30 China and envoys of the Dalai Lama ‘‘have and as articulated in the Tibetan Policy Act countries, more than half of all the eligible not borne concrete results’’; of 2002 (subtitle B of title VI of Public Law Tibetan exiles voters, participated in the Whereas despite persistent efforts by the 107–228; 22 U.S.C. 6901 note) to promote a sub- March 20, 2011, elections; Dalai Lama and his representatives, the Gov- stantive dialogue between the Government Whereas Dr. Lobsang Sangay was elected ernment of the People’s Republic of China of the People’s Republic of China and the Kalon Tripa, or prime minister, of the Cen- and envoys of the Dalai Lama have not held Dalai Lama or his representatives in order to tral Tibetan Administration after receiving any formal dialogue since January 2010; secure genuine autonomy for the Tibetan 55 percent of votes in the March 20, 2011, Whereas, since March 2011, more than two people within China: Now, therefore, be it election and was inaugurated on August 8, dozen Tibetans have set themselves on fire, Resolved, That the Senate— 2011; and at least 19 have died; (1) mourns the death of Tibetans who have Whereas Kalon Tripa Sangay was selected Whereas the repressive policies of the Gov- self-immolated and deplores the repressive to study in the United States under the De- ernment of the People’s Republic of China policies targeting Tibetans; partment of State’s Tibetan Scholarship have created an environment of despair, (2) calls on the Government of the People’s Program, earning a doctorate in law from hopelessness, and frustration among many Republic of China to suspend implementa- Harvard University, and served as a Senior Tibetans; tion of religious control regulations, reassess Fellow at the East Asian Legal Studies Pro- Whereas, on November 1, 2011, the United religious and security policies implemented gram at Harvard Law School; Nations Special Rapporteur on Freedom of since 2008 in Tibet, and resume a dialogue Whereas Kalon Tripa Sangay, while at Har- Religion or Belief, Heiner Bielefeldt, ex- with Tibetan Buddhist leaders, including the vard University, promoted dialogue among pressed concern over ‘‘restrictive measures’’ Dalai Lama or his representatives, to resolve Tibetan exiles and Chinese students and vis- implemented by the Government of the Peo- underlying grievances; iting Chinese scholars to enhance mutual un- ple’s Republic of China in Tibetan mon- (3) calls on the Government of the People’s derstanding and advance the prospects for asteries, stating that such measures ‘‘not Republic of China to release all persons that reconciliation; and only curtail the right to freedom of religion have been arbitrarily detained; to cease the Whereas it is the objective of the United or belief, but further exacerbate the existing intimidation, harassment and detention of States Government, consistent across ad- tensions, and are counterproductive’’ and af- peaceful protestors; and to allow unre- ministrations of different political parties firming that ‘‘the right of members of the stricted access to journalists, foreign dip- and as articulated in the Tibetan Policy Act monastic community, and the wider commu- lomats, and international organizations to of 2002 (subtitle B of title VI of Public Law nity to freely practice their religion, should Tibet; 107–228; 22 U.S.C. 6901 note) to promote a sub- be fully respected and guaranteed by the Chi- (4) calls on the Secretary of State to seek stantive dialogue between the Government nese Government’’; from the Government of the People’s Repub- of the People’s Republic of China and the Whereas, on January 24, 2012, Maria Otero, lic of China a full accounting of the forcible Dalai Lama or his representatives in order to Under Secretary for Civilian Security, De- removal of monks from Kirti Monastery, in- secure genuine autonomy for the Tibetan mocracy and Human Rights, and United cluding an explanation of the pretext or con- people within China: States Special Coordinator for Tibetan ditions under which monks were removed Mr. REID. I ask unanimous consent Issues, issued a statement expressing con- and their current whereabouts; that the Senate proceed to a vote on cern about ‘‘reports of violence and con- (5) commends His Holiness the Dalai Lama this matter. tinuing heightened tensions in Tibetan areas for his decision to devolve his political power of China, including reports of security forces in favor of a democratic system; The PRESIDING OFFICER. Without in Sichuan province opening fire on pro- (6) congratulates Tibetans living in exile objection, the question is on agreeing testers, killing some and injuring others’’; for holding, on March 20, 2011, a competitive, to the resolution. Whereas the Constitution of the People’s multi-candidate election that was free, fair, The resolution (No. 356) was agreed Republic of China guarantees freedom of re- and met international electoral standards; to. ligious belief for all citizens, but the July- (7) reaffirms the unwavering friendship be- Mr. REID. I ask unanimous consent December 2010 International Religious Free- tween the people of the United States and that the committee-reported amend- dom Report of the Department of State the people of Tibet; and ment to the preamble be agreed to; the states that ‘‘the [Chinese] government’s re- (8) both— pression of religious freedom remained se- (A) calls on the Department of State to preamble, as amended, be agreed to; vere in the Tibet Autonomous Region and fully implement the Tibetan Policy Act of the motions to reconsider be laid upon other Tibetan areas’’; 2002 (subtitle B of title VI of Public Law 107– the table, with no intervening action Whereas, on March 10, 2011, His Holiness 228; 22 U.S.C. 6901 note), including the stipu- or debate; and any statements relating the Dalai Lama announced that he would re- lation that the Secretary of State seek ‘‘to

VerDate Mar 15 2010 06:41 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.080 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2278 CONGRESSIONAL RECORD — SENATE March 29, 2012 establish an office in Lhasa, Tibet, to mon- mascus died on January 3, 2012, in Damascus, The preamble, as amended, was itor political, economic, and cultural devel- Syria from a gunshot wound to the head he agreed to. opments in Tibet’’, and also to provide con- suffered four days earlier; The resolution, with its preamble, as sular protection and citizen services in emer- Whereas Gilles Jacquier, a correspondent amended, reads as follows: gencies; and with France 2 television, was killed in a gre- S. RES. 391 (B) urges that the agreement to permit nade explosion on January 11, 2012, while China to open further diplomatic missions in covering demonstrations in the city of Homs; Whereas United Nations Security Council the United States should be contingent upon Whereas freelance journalist Mazhar Resolution 1738 (2006) stresses the obligations the establishment of a United States Govern- Tayyara, a videographer and photojournalist of states under international law to ensure ment consulate in Lhasa, Tibet. who contributed to Agence France-Presse the safety of journalists in war zones; Whereas, since the uprisings in Syria f and other international outlets, was killed by government forces’ fire in the city of began in January 2011, the Government of CONDEMNING VIOLENCE BY SYRIA Homs on February 4, 2012; Syria has denied entry to foreign journalists AGAINST JOURNALISTS AND EX- Whereas New York Times correspondent and arrested, abducted, beaten, tortured, and PRESSING SENSE OF THE SEN- Anthony Shadid died of an asthma attack on killed journalists, photographers, and February 16, 2012, while attempting to leave bloggers to prevent the free flow of accurate ATE FOR FREEDOM OF THE information to the outside world; PRESS IN SYRIA Syria after reporting inside the country for a week, gathering information on the Free Whereas restrictions imposed by the Gov- Mr. REID. Mr. President, I ask unan- Syrian Army and other armed elements of ernment of Syria on media have made it ex- imous consent that the Senate proceed the resistance to the government of Presi- traordinarily difficult to verify death tolls and the exact nature and course of events to the immediate consideration of Cal- dent Bashar al-Assad; within the country; Whereas freelance journalist Rami al- endar No. 348, S. Res. 391. Whereas Syrian state media reports differ Sayed, who filmed videos of Syrian security The PRESIDING OFFICER. The significantly from the few independent re- forces’ repressive acts, was killed on Feb- clerk will report the resolution by ports that make their way out of Syria; ruary 21, 2012, while covering the bombard- title. Whereas Reporters Without Borders, an ment of the city of Homs by Government of The assistant legislative clerk read international nongovernmental organization Syria forces; as follows: that advocates freedom of the press and free- Whereas journalist Marie Colvin of the dom of information, has listed Bashar al- A resolution (S. Res. 391) condemning vio- Sunday Times, a United States citizen, and lence by the Government of Syria against Assad as a Predator of Freedom of the Press; freelance photojournalist Remi Ochlik were Whereas the League of Arab States called journalists, and expressing the sense of the killed on February 22, 2012, after their make- Senate on freedom of the press in Syria. for the media to be allowed into Syria during shift press center in Homs was struck by its monitoring mission that was suspended There being no objection, the Senate rockets fired by Government of Syria forces; indefinitely on January 28, 2012, due to the proceeded to consider the resolution Whereas, on February 22, 2012, Department ‘‘critical deterioration of the situation’’ in which had been reported by the Com- of State Spokesman Mark Toner stated, Syria; mittee on Foreign Relations without ‘‘[T]oday, we’re also clearly deeply troubled Whereas freelance journalist Ferzat Jarban amendment and an amendment to the and saddened by reports that American jour- was tortured and killed on November 19 or nalist Marie Colvin and French journalist preamble, as follows: 20, 2011, after filming protests in Al-Qassir, Remi Ochlik were killed today in Homs as a Syria; [Omit the part printed in boldface result of the intense shelling, the ongoing in- brackets and insert the part printed in Whereas videographer Basil al-Sayed died tense shelling by the Syrian regime. . . . We, on December 27, 2011, from a gunshot wound italic.] of course, extend our deepest condolences to he suffered 5 days earlier at a checkpoint in S. RES. 391 their families and loved ones and just note the Baba Amr neighborhood in the city of øWhereas United Nations Security Council that their sacrifice in chronicling the daily Homs, Syria; Resolution 1738 (2006) obliges states to ensure suffering of the people of Homs stands as a Whereas Shukri Abu al-Burghul of the the safety of journalists in war zones;¿ testament to journalism’s highest stand- state-owned daily Al Thawra and Radio Da- Whereas United Nations Security Council Res- ards.’’; mascus died on January 3, 2012, in Damascus, olution 1738 (2006) stresses the obligations of Whereas 13 opposition activists in Syria Syria from a gunshot wound to the head he states under international law to ensure the were killed during a weeklong attempt to suffered four days earlier; safety of journalists in war zones; rescue 4 foreign journalists, 2 of whom were Whereas Gilles Jacquier, a correspondent Whereas, since the uprisings in Syria injured, who were trapped in Homs as a re- with France 2 television, was killed in a gre- began in January 2011, the Government of sult of the bombardment by the Government nade explosion on January 11, 2012, while Syria has denied entry to foreign journalists of Syria that killed Marie Colvin and Remi covering demonstrations in the city of Homs; and arrested, abducted, beaten, tortured, and Ochlik; Whereas freelance journalist Mazhar killed journalists, photographers, and Whereas videographer Anas al-Tarsha, who Tayyara, a videographer and photojournalist bloggers to prevent the free flow of accurate documented unrest in the besieged city of who contributed to Agence France-Presse information to the outside world; Homs, was killed by a mortar round while and other international outlets, was killed Whereas restrictions imposed by the Gov- filming the bombardment of the city’s by government forces’ fire in the city of ernment of Syria on media have made it ex- Qarabees district on February 24, 2012; Homs on February 4, 2012; traordinarily difficult to verify death tolls Whereas, from 1992 through 2010, zero jour- Whereas New York Times correspondent and the exact nature and course of events nalists were killed in Syria according to the Anthony Shadid died of an asthma attack on within the country; Committee to Protect Journalists; and February 16, 2012, while attempting to leave Whereas Syrian state media reports differ Whereas the Government of Syria has con- Syria after reporting inside the country for a significantly from the few independent re- tinued to arbitrarily arrest and detain week, gathering information on the Free ports that make their way out of Syria; prominent Syrian journalists and bloggers: Syrian Army and other armed elements of Whereas Reporters Without Borders, an Mr. REID. I ask that the Senate now the resistance to the government of Presi- international nongovernmental organization vote on this matter. dent Bashar al-Assad; that advocates freedom of the press and free- The PRESIDING OFFICER. The Whereas freelance journalist Rami al- dom of information, has listed Bashar al- question is on agreeing to the resolu- Sayed, who filmed videos of Syrian security Assad as a Predator of Freedom of the Press; tion. forces’ repressive acts, was killed on Feb- Whereas the League of Arab States called The resolution (S. Res. 391) was ruary 21, 2012, while covering the bombard- for the media to be allowed into Syria during ment of the city of Homs by Government of its monitoring mission that was suspended agreed to. Syria forces; indefinitely on January 28, 2012, due to the Mr. REID. I ask unanimous consent Whereas journalist Marie Colvin of the ‘‘critical deterioration of the situation’’ in that the committee-reported amend- Sunday Times, a United States citizen, and Syria; ment to the preamble be agreed to; the freelance photojournalist Remi Ochlik were Whereas freelance journalist Ferzat Jarban preamble, as amended, be agreed to; killed on February 22, 2012, after their make- was tortured and killed on November 19 or the motions to reconsider be laid upon shift press center in Homs was struck by 20, 2011, after filming protests in Al-Qassir, the table, with no intervening action rockets fired by Government of Syria forces; Syria; or debate; and any statements relating Whereas, on February 22, 2012, Department Whereas videographer Basil al-Sayed died to the resolution be printed in the of State Spokesman Mark Toner stated, on December 27, 2011, from a gunshot wound ‘‘[T]oday, we’re also clearly deeply troubled he suffered 5 days earlier at a checkpoint in RECORD. and saddened by reports that American jour- the Baba Amr neighborhood in the city of The PRESIDING OFFICER. Without nalist Marie Colvin and French journalist Homs, Syria; objection, it is so ordered. Remi Ochlik were killed today in Homs as a Whereas Shukri Abu al-Burghul of the The committee-reported amendment result of the intense shelling, the ongoing in- state-owned daily Al Thawra and Radio Da- to the preamble was agreed to. tense shelling by the Syrian regime. . . . We,

VerDate Mar 15 2010 06:41 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.081 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2279 of course, extend our deepest condolences to amendment and an amendment to the or debate; and any statements relating their families and loved ones and just note preamble, as follows: to the resolution be printed in the that their sacrifice in chronicling the daily [Omit the part printed in boldface RECORD. suffering of the people of Homs stands as a brackets and insert the part printed in The PRESIDING OFFICER. Without testament to journalism’s highest stand- italic.] objection, it is so ordered. ards.’’; The committee-reported amendment Whereas 13 opposition activists in Syria S. RES. 395 were killed during a weeklong attempt to Whereas the North Atlantic Treaty, signed was agreed to. rescue 4 foreign journalists, 2 of whom were April 4, 1949, in Washington, District of Co- The preamble, as amended, was injured, who were trapped in Homs as a re- lumbia, which created the North Atlantic agreed to. sult of the bombardment by the Government Treaty Organization (referred to in this pre- The resolution, with its preamble, as of Syria that killed Marie Colvin and Remi amble as ‘‘NATO’’), proclaims: ‘‘[Members] amended, reads as follows: Ochlik; are determined to safeguard the freedom, S. RES. 395 common heritage and civilisation of their Whereas videographer Anas al-Tarsha, who Whereas the North Atlantic Treaty, signed peoples, founded on the principles of democ- documented unrest in the besieged city of April 4, 1949, in Washington, District of Co- racy, individual liberty and the rule of law. Homs, was killed by a mortar round while lumbia, which created the North Atlantic They seek to promote stability and well- filming the bombardment of the city’s Treaty Organization (referred to in this pre- being in the North Atlantic area. They are Qarabees district on February 24, 2012; amble as ‘‘NATO’’), proclaims: ‘‘[Members] resolved to unite their efforts for collective Whereas, from 1992 through 2010, zero jour- are determined to safeguard the freedom, defence and for the preservation of peace and nalists were killed in Syria according to the common heritage and civilisation of their security.’’; Committee to Protect Journalists; and peoples, founded on the principles of democ- Whereas NATO has been the cornerstone of Whereas the Government of Syria has con- racy, individual liberty and the rule of law. transatlantic security cooperation and an tinued to arbitrarily arrest and detain They seek to promote stability and well- enduring instrument for promoting stability prominent Syrian journalists and bloggers: being in the North Atlantic area. They are in Europe and throughout the world for over Now, therefore, be it resolved to unite their efforts for collective 60 years; Resolved, That the Senate— defence and for the preservation of peace and Whereas the NATO summit in Chicago, Il- (1) calls on the Government of Syria to im- security.’’; linois, is an opportunity to enhance and mediately open the country up to inde- Whereas NATO has been the cornerstone of more deeply entrench those principles, which pendent and foreign journalists and imme- transatlantic security cooperation and an continue to bind the alliance together and diately end its media blackout; enduring instrument for promoting stability guide our efforts today; (2) condemns in the strongest possible in Europe and throughout the world for over Whereas the new Strategic Concept, ap- terms the Government of Syria’s abuse, in- 60 years; proved in Lisbon, øSpain¿ Portugal in Novem- timidation, and violence towards journalists, Whereas the NATO summit in Chicago, Il- ber 2010, affirms that all NATO members videographers, and bloggers; linois, is an opportunity to enhance and ‘‘are determined that NATO will continue to (3) calls on the Government of Syria to im- more deeply entrench those principles, which play its unique and essential role in ensuring mediately release all journalists, continue to bind the alliance together and our common defence and security’’ and that videographers, and bloggers who have been guide our efforts today; NATO ‘‘continues to be effective in a chang- detained, arrested, or imprisoned; Whereas the new Strategic Concept, ap- ing world, against new threats, with new ca- (4) pays tribute to the journalists who have proved in Lisbon, Portugal in November 2010, pabilities and new partners’’; lost their lives while reporting on the con- affirms that all NATO members ‘‘are deter- Whereas the Chicago Summit will mark a flict in Syria; mined that NATO will continue to play its critical turning point for NATO and a chance (5) commends the bravery and courage of unique and essential role in ensuring our to focus on current operations, future capa- journalists who continue to operate in common defence and security’’ and that bilities, and the relationship between NATO harm’s way; NATO ‘‘continues to be effective in a chang- and partners around the world; (6) supports the people of Syria seeking ac- ing world, against new threats, with new ca- Whereas the Chicago Summit will be the cess to a free flow of accurate news and other pabilities and new partners’’; first NATO summit held in the United States forms of information; Whereas the Chicago Summit will mark a since the 50th anniversary summit was held (7) recognizes the critical role that tech- critical turning point for NATO and a chance in Washington, District of Columbia, in 1999 nology plays in helping independent journal- to focus on current operations, future capa- and the first NATO summit held outside of ists report the facts on the ground; bilities, and the relationship between NATO Washington, District of Columbia; (8) condemns all acts of censorship and and partners around the world; Whereas NATO Secretary General Anders other restrictions on freedom of the press, Whereas the Chicago Summit will be the Fogh Rasmussen said, ‘‘Chicago is a city freedom of speech, and freedom of expression first NATO summit held in the United States built upon diversity, and on determination. in Syria; since the 50th anniversary summit was held Those are values that underpin NATO too.’’; (9) strongly condemns all nations that as- in Washington, District of Columbia, in 1999 Whereas the Chicago Summit presents an sist or enable the Government of Syria’s on- and the first NATO summit held outside of opportunity to show to the world the Heart- going repression of the media; and Washington, District of Columbia; land of the United States—the site of the (10) reaffirms the centrality of press free- Whereas NATO Secretary General Anders first elevated railway, the first skyscraper in dom to efforts by the United States Govern- Fogh Rasmussen said, ‘‘Chicago is a city the world, the busiest futures exchange in ment to support democracy and promote built upon diversity, and on determination. the world, and the starting point for historic good governance around the world. Those are values that underpin NATO too.’’; Route 66; f Whereas the Chicago Summit presents an Whereas the thousands of visitors to the opportunity to show to the world the Heart- EXPRESSING SENSE OF SENATE IN Chicago Summit will have the opportunity land of the United States—the site of the SUPPORT OF NATO AND NATO to enjoy the hospitality of the city of Chi- first elevated railway, the first skyscraper in cago, the 77 distinct neighborhoods in Chi- SUMMIT BEING HELD MAY 20 the world, the busiest futures exchange in cago, and the State of Illinois; and THROUGH 21, 2012 the world, and the starting point for historic Whereas the contributions of generations Route 66; Mr. REID. Mr. President, I ask unan- of immigrants have made the city of Chicago Whereas the thousands of visitors to the imous consent that the Senate now and the State of Illinois what they are today Chicago Summit will have the opportunity proceed to the immediate consider- and the ancestral homelands of the immi- to enjoy the hospitality of the city of Chi- grants now contribute to making NATO the ation of Calendar No. 349, S. Res. 395. cago, the 77 distinct neighborhoods in Chi- organization it is today: The PRESIDING OFFICER. The cago, and the State of Illinois; and clerk will report the resolution by Mr. REID. I ask that we now have a Whereas the contributions of generations title. vote on this matter, Mr. President. of immigrants have made the city of Chicago The assistant legislative clerk read The PRESIDING OFFICER. The and the State of Illinois what they are today as follows: question is on agreeing to the resolu- and the ancestral homelands of the immi- A resolution (S. Res. 395) expressing the tion. grants now contribute to making NATO the sense of the Senate in support of the North The resolution (No. 395) was agreed organization it is today: Now, therefore, be Atlantic Treaty Organization and the NATO to. it summit to be held in Chicago, Illinois, from Mr. REID. I ask unanimous consent Resolved, That the Senate— May 20 through 21, 2012. (1) recognizes the service of the brave men that the committee-reported amend- and women who have served to safeguard the There being no objection, the Senate ment to the preamble be agreed to; the freedom and security of the United States proceeded to consider the resolution preamble, as amended, be agreed to; and the whole of the transatlantic alliance; which had been reported by the Com- the motions to reconsider be laid upon (2) honors the sacrifices of United States mittee on Foreign Relations without the table, with no intervening action personnel, allies of the North American

VerDate Mar 15 2010 06:41 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.083 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2280 CONGRESSIONAL RECORD — SENATE March 29, 2012 Treaty Organization (referred to in this reso- øWhereas the Famine Early Warning Sys- Whereas the Government of Sudan has re- lution as ‘‘NATO’’), and partners in Afghani- tems Network (FEWSNET), funded by the fused repeated requests by the United States stan; United States Agency for International De- Government, the United Nations, the African (3) remembers the 63 years NATO has velopment, estimated in March 2012 that Union, the League of Arab States, nongovern- served to ensure peace, security, and sta- conflict-affected areas of South Kordofan mental organizations, and others to allow hu- bility in Europe and throughout the world; would deteriorate further in coming weeks manitarian access to the conflict areas; (4) reaffirms that NATO, through the new to Phase 4 emergency levels of food insecu- Whereas the Governments of Sudan and Strategic Concept, is oriented for the chang- rity (one step before being classified as a South Sudan signed a memorandum of under- ing international security environment and famine), due mainly to conflict and govern- standing on non-aggression and cooperation in the challenges of the future; ment policies that have limited cultivation, Addis Ababa on February 12, 2012, agreeing to (5) urges all NATO members to take con- displaced the population, restricted trade, respect each other’s sovereignty and refrain crete steps to implement the Strategic Con- and refused access for international humani- from launching any attack against the other, cept and to utilize the NATO summit in Chi- tarian assistance; including bombardment; ø cago, Illinois, to address current NATO oper- Whereas the United Nations Security Whereas the United Nations estimates that ations, future capabilities and burden-shar- Council issued a statement on February 14, more than 130,000 refugees have fled Southern ing issues, and the relationship between 2012, expressing deep and growing alarm with Kordofan and Blue Nile for South Sudan, Ethi- NATO and partners around the world; the rising levels of malnutrition and food in- opia, and elsewhere since June 2011, and hun- (6) conveys appreciation for the steadfast security in some areas of Southern Kordofan dreds of thousands more have been internally partnership between NATO and the United and Blue Nile, calling on the Government of displaced or severely affected by conflict; States; and Sudan to allow immediate access to United Whereas the Government of Sudan bombed the (7) expresses support for the 2012 NATO Nations personnel, and urging the Govern- Yida refugee camp in South Sudan on November summit in Chicago. ment of Sudan and the Sudan People’s Lib- 10, 2011; eration Movement-North to agree to an im- f Whereas both the Government of Sudan and mediate cessation of hostilities and return to the Sudan People’s Liberation Movement-North PROMOTING PEACE AND talks to address the issues that have fueled STABILITY IN SUDAN the current conflict; have reportedly prevented civilians from leaving ø Blue Nile and Southern Kordofan; Mr. REID. Mr. President, I ask unan- Whereas the United Nations High Com- missioner for Refugees appealed urgently to Whereas the Famine Early Warning Systems imous consent that the Senate now donors in February 2012 for $145,000,000 to as- Network (FEWSNET), funded by the United proceed to the immediate consider- sist refugees from South Kordofan and Blue States Agency for International Development, ation of Calendar No. 350, S. Res. 397. Nile; estimated in March 2012 that conflict-affected The PRESIDING OFFICER. The øWhereas President Barack Obama re- areas of Southern Kordofan would deteriorate clerk will report the resolution by leased a statement in June 2011 calling on further in coming weeks to Phase 4 emergency title. the Government of Sudan and the Sudan levels of food insecurity (one step before being The assistant legislative clerk read People’s Liberation Movement-North to classified as a famine), due mainly to conflict as follows: agree immediately to a ceasefire, end re- and government policies that have limited cul- tivation, displaced the population, restricted A resolution (S. Res. 397) promoting peace strictions on humanitarian access and United Nations movements, and agree on se- trade, and refused access for international hu- and stability in Sudan, and for other pur- manitarian assistance; poses. curity arrangements for Southern Kordofan and Blue Nile States through direct, high- Whereas the United Nations Security Council There being no objection, the Senate level negotiations as opposed to the use of issued a statement on February 14, 2012, ex- proceeded to consider the resolution force; pressing deep and growing alarm with the rising which had been reported by the Com- øWhereas President Obama released a levels of malnutrition and food insecurity in mittee on Foreign Relations with an statement on February 2, 2012, strongly con- some areas of Southern Kordofan and Blue Nile, amendment and an amendment to the demning the bombing by the Armed Forces calling on the Government of Sudan to allow preamble, as follows: of Sudan of civilian populations in Southern immediate access to United Nations personnel, [Strike all after the enacting clause Kordofan and Blue Nile States in Sudan, and urging the Government of Sudan and the and the preamble (the part in boldface which stated that aerial attacks on civilian Sudan People’s Liberation Movement-North to agree to an immediate cessation of hostilities brackets) and insert the part printed in targets are unjustified, unacceptable, and a violation of international law and compound and return to talks to address the issues that italic.] the ongoing crisis in these areas; have fueled the current conflict; S. RES. 397 øWhereas neither South Kordofan nor Blue Whereas the United Nations High Commis- øWhereas conflict between the Government Nile were able to complete the popular con- sioner for Refugees appealed urgently to donors of Sudan and the Sudan People’s Liberation sultation process with the Government of in February 2012 for $145,000,000 to assist refu- Movement-North (SPLM–N) has been ongo- Sudan as stipulated in the Comprehensive gees from Southern Kordofan and Blue Nile; ing since June 2011 in Sudan’s border state of Peace Agreement (CPA) before violence Whereas President Barack Obama released a South Kordofan and since September 2011 in broke out; statement in June 2011 calling on the Govern- the border state of Blue Nile, resulting in a øWhereas, despite the independence of ment of Sudan and the Sudan People’s Libera- humanitarian crisis; South Sudan on July 9, 2011, many key issues tion Movement-North to agree immediately to a øWhereas the Government of Sudan has re- between Sudan and South Sudan remain un- ceasefire, end restrictions on humanitarian ac- fused repeated requests by the United States resolved, including transit fees for oil pipe- cess and United Nations movements, and agree Government, the United Nations, the African line use, citizenship, the status of Abyei, and on security arrangements for Southern Union, the League of Arab States, non- border demarcation; Kordofan and Blue Nile States through direct, governmental organizations, and others to øWhereas the goal of democratic govern- high-level negotiations as opposed to the use of allow humanitarian access to the conflict ance reform in Sudan as envisioned in the force; areas; CPA has not been met; Whereas President Obama released a state- øWhereas the Governments of Sudan and øWhereas, in addition to the growing con- ment on February 2, 2012, strongly condemning South Sudan signed a memorandum of un- flict-induced humanitarian and human the bombing by the Armed Forces of Sudan of derstanding on non-aggression and coopera- rights crisis in Sudan’s southern border civilian populations in Southern Kordofan and tion in Addis Ababa on February 12, 2012, states, the humanitarian crisis and ongoing Blue Nile States in Sudan, which stated that agreeing to respect each other’s sovereignty insecurity in Darfur continues; and aerial attacks on civilian targets are unjustified, and refrain from launching any attack øWhereas the United Nations High Com- unacceptable, and a violation of international against the other, including bombardment; missioner for Refugees estimates that more law and compound the ongoing crisis in these øWhereas the United Nations estimates than 4,000,000 people in Sudan remain inter- areas; that more than 130,000 refugees have fled nally displaced, and in 2011, though for the Whereas neither Southern Kordofan nor Blue South Kordofan and Blue Nile for South first time since the Darfur conflict began, Nile were able to complete the popular consulta- Sudan, Ethiopia, and elsewhere since June more Darfuris voluntarily returned to their tion process with the Government of Sudan as 2011, and hundreds of thousands more have homes (87,000) than were newly displaced stipulated in the Comprehensive Peace Agree- been internally displaced or severely affected (70,000), and additional tens of thousands are ment (CPA) before violence broke out; by conflict; being displaced in southern Sudan:¿ Now, Whereas, despite the independence of South øWhereas the Government of Sudan therefore, be it Sudan on July 9, 2011, many key issues between bombed the Yida refugee camp in South Whereas conflict between the Government of Sudan and South Sudan remain unresolved, in- Sudan on November 10, 2011; Sudan and the Sudan People’s Liberation Move- cluding transit fees for oil pipeline use, citizen- øWhereas both the Government of Sudan ment-North (SPLM–N) has been ongoing since ship, the status of Abyei, and border demarca- and the Sudan People’s Liberation Move- June 2011 in Sudan’s border state of Southern tion; ment-North have reportedly prevented civil- Kordofan and since September 2011 in the bor- Whereas the goal of democratic governance re- ians from leaving Blue Nile and Southern der state of Blue Nile, resulting in a humani- form in Sudan as envisioned in the CPA has not Kordofan; tarian crisis; been met;

VerDate Mar 15 2010 06:00 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.085 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2281 Whereas, in addition to the growing conflict- Mr. REID. I ask unanimous consent Whereas the United Nations Security induced humanitarian and human rights crisis that the committee-reported substitute Council issued a statement on February 14, in Sudan’s southern border states, the humani- be agreed to. 2012, expressing deep and growing alarm with tarian crisis and ongoing insecurity in Darfur The PRESIDING OFFICER. Is there the rising levels of malnutrition and food in- continues; and objection? security in some areas of Southern Kordofan Whereas the United Nations High Commis- and Blue Nile, calling on the Government of sioner for Refugees estimates that, although for Without objection, it is so ordered. Sudan to allow immediate access to United the first time since the Darfur conflict began, The committee amendment in the Nations personnel, and urging the Govern- more Darfuris (87,000) voluntarily returned to nature of a substitute was agreed to. ment of Sudan and the Sudan People’s Lib- their homes than were newly displaced (70,000), Mr. REID. I ask the Senate now vote eration Movement-North to agree to an im- tens of thousands of additional people are still on adoption of the resolution, as mediate cessation of hostilities and return to being displaced in southern Sudan and more amended. talks to address the issues that have fueled than 4,000,000 people in Sudan remain inter- The PRESIDING OFFICER. The the current conflict; nally displaced in total: Now, therefore, be it question is on agreeing to the resolu- Whereas the United Nations High Commis- ø Resolved, That the Senate— tion, as amended. sioner for Refugees appealed urgently to do- ø(1) welcomes the memorandum of under- The resolution (No. 397), as amended, nors in February 2012 for $145,000,000 to assist standing on non-aggression and cooperation refugees from Southern Kordofan and Blue signed between the Governments of Sudan was agreed to. Nile; and South Sudan in Addis Ababa on Feb- Mr. REID. I further ask unanimous Whereas President Barack Obama released ruary 12, 2012; consent that the committee-reported a statement in June 2011 calling on the Gov- ø(2) calls on the Government of Sudan and amendment to the preamble be agreed ernment of Sudan and the Sudan People’s the Sudan People’s Liberation Movement- to; the preamble, as amended, be Liberation Movement-North to agree imme- North to reach a mutually beneficial polit- agreed to; the motions to reconsider be diately to a ceasefire, end restrictions on hu- ical agreement; laid upon the table, with no inter- manitarian access and United Nations move- ø(3) urges the Government of Sudan to ments, and agree on security arrangements allow immediate and unrestricted humani- vening action or debate; and any state- ments relating to the resolution be for Southern Kordofan and Blue Nile States tarian access to South Kordofan, Blue Nile, through direct, high-level negotiations as op- printed in the RECORD. and all other conflict-affected areas of posed to the use of force; Sudan; The PRESIDING OFFICER. Without Whereas President Obama released a state- ø (4) encourages the Government of Sudan objection, it is so ordered. ment on February 2, 2012, strongly con- and the Sudan People’s Liberation Move- The committee-reported amendment demning the bombing by the Armed Forces ment-North to declare a cessation of hos- was agreed to. of Sudan of civilian populations in Southern tilities to allow food and essential supplies The preamble, as amended, was Kordofan and Blue Nile States in Sudan, to reach affected civilians; which stated that aerial attacks on civilian ø agreed to. (5) implores the Governments of Sudan targets are unjustified, unacceptable, and a and South Sudan to refrain from any support The resolution, as amended, with its preamble, as amended, reads as follows: violation of international law and compound of proxy forces; the ongoing crisis in these areas; ø S. RES. 397 (6) urges the Government of Sudan and Whereas neither Southern Kordofan nor the Sudan People’s Liberation Movement- Whereas conflict between the Government Blue Nile were able to complete the popular North to allow civilians to leave the two of Sudan and the Sudan People’s Liberation consultation process with the Government of states voluntarily and seek refuge in more Movement-North (SPLM–N) has been ongo- Sudan as stipulated in the Comprehensive secure areas; and ing since June 2011 in Sudan’s border state of Peace Agreement (CPA) before violence ø(7) supports the current efforts of the Southern Kordofan and since September 2011 broke out; Obama Administration, working with part- in the border state of Blue Nile, resulting in Whereas, despite the independence of ners in the international community, to fa- a humanitarian crisis; South Sudan on July 9, 2011, many key issues cilitate humanitarian access to affected Whereas the Government of Sudan has re- between Sudan and South Sudan remain un- areas, to encourage all relevant parties to re- fused repeated requests by the United States resolved, including transit fees for oil pipe- turn to the negotiation table to reach agree- Government, the United Nations, the African line use, citizenship, the status of Abyei, and ments associated with the conclusion of the Union, the League of Arab States, non- Comprehensive Peace Agreement, to miti- border demarcation; governmental organizations, and others to Whereas the goal of democratic governance gate violence in the interim, and to allow allow humanitarian access to the conflict full humanitarian access.¿ reform in Sudan as envisioned in the CPA areas; has not been met; That the Senate— Whereas the Governments of Sudan and Whereas in addition to the growing con- (1) welcomes the memorandum of under- South Sudan signed a memorandum of un- flict-induced humanitarian and human standing on non-aggression and cooperation derstanding on non-aggression and coopera- rights crisis in Sudan’s southern border signed between the Governments of Sudan and tion in Addis Ababa on February 12, 2012, states, the humanitarian crisis and ongoing South Sudan in Addis Ababa on February 12, agreeing to respect each other’s sovereignty insecurity in Darfur continues; and 2012; and refrain from launching any attack Whereas the United Nations High Commis- (2) calls on the Government of Sudan and the against the other, including bombardment; sioner for Refugees estimates that, although Sudan People’s Liberation Movement-North to Whereas the United Nations estimates that for the first time since the Darfur conflict reach a mutually beneficial political agreement; more than 130,000 refugees have fled South- began, more Darfuris (87,000) voluntarily re- (3) urges the Government of Sudan to allow ern Kordofan and Blue Nile for South Sudan, turned to their homes than were newly dis- immediate and unrestricted humanitarian access Ethiopia, and elsewhere since June 2011, and placed (70,000), tens of thousands of addi- to Southern Kordofan, Blue Nile, and all other hundreds of thousands more have been inter- tional people are still being displaced in conflict-affected areas of Sudan; nally displaced or severely affected by con- southern Sudan and more than 4,000,000 peo- (4) encourages the Government of Sudan and flict; the Sudan People’s Liberation Movement-North Whereas the Government of Sudan bombed ple in Sudan remain internally displaced in to declare a cessation of hostilities to allow food the Yida refugee camp in South Sudan on total: Now, therefore, be it and essential supplies to reach affected civil- November 10, 2011; Resolved, That the Senate— ians; Whereas both the Government of Sudan (1) welcomes the memorandum of under- (5) implores the Governments of Sudan and and the Sudan People’s Liberation Move- standing on non-aggression and cooperation South Sudan to refrain from any support of ment-North have reportedly prevented civil- signed between the Governments of Sudan proxy forces; ians from leaving Blue Nile and Southern and South Sudan in Addis Ababa on Feb- (6) urges the Government of Sudan and the Kordofan; ruary 12, 2012; Sudan People’s Liberation Movement-North to Whereas the Famine Early Warning Sys- (2) calls on the Government of Sudan and allow civilians to leave Southern Kordofan and tems Network (FEWSNET), funded by the the Sudan People’s Liberation Movement- Blue Nile voluntarily and seek refuge in more United States Agency for International De- North to reach a mutually beneficial polit- secure areas; and velopment, estimated in March 2012 that ical agreement; (7) supports the current efforts of the Obama conflict-affected areas of Southern Kordofan (3) urges the Government of Sudan to allow Administration, working with partners in the would deteriorate further in coming weeks immediate and unrestricted humanitarian international community, to facilitate humani- to Phase 4 emergency levels of food insecu- access to Southern Kordofan, Blue Nile, and tarian access to affected areas, to encourage all rity (one step before being classified as a all other conflict-affected areas of Sudan; relevant parties to return to the negotiation famine), due mainly to conflict and govern- (4) encourages the Government of Sudan table to reach agreements associated with the ment policies that have limited cultivation, and the Sudan People’s Liberation Move- conclusion of the Comprehensive Peace Agree- displaced the population, restricted trade, ment-North to declare a cessation of hos- ment, to mitigate violence in the interim, and to and refused access for international humani- tilities to allow food and essential supplies allow full humanitarian access. tarian assistance; to reach affected civilians;

VerDate Mar 15 2010 06:00 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.086 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2282 CONGRESSIONAL RECORD — SENATE March 29, 2012 (5) implores the Governments of Sudan and Whereas, in 1972, the General Assembly of erally after 4 to 8 years, leaving the person South Sudan to refrain from any support of North Carolina established the 17-campus unable to move, speak, or swallow; proxy forces; University of North Carolina system and Whereas there is no cure, therapy, or drug (6) urges the Government of Sudan and the made Pembroke State University 1 of the to slow or halt the progression of Parkin- Sudan People’s Liberation Movement-North constituent institutions of the system; son’s disease; and to allow civilians to leave Southern Whereas, on July 1, 1996, Pembroke State Whereas increased education and research Kordofan and Blue Nile voluntarily and seek University became the University of North are needed to help find more effective treat- refuge in more secure areas; and Carolina at Pembroke; ments with fewer side effects and, ulti- (7) supports the current efforts of the Whereas, today, approximately 6,000 stu- mately, an effective treatment or cure for Obama Administration, working with part- dents from diverse backgrounds are enrolled Parkinson’s disease: Now, therefore, be it ners in the international community, to fa- in 41 undergraduate programs and 17 grad- Resolved, That the Senate— cilitate humanitarian access to affected uate programs at the University of North (1) supports the designation of April as areas, to encourage all relevant parties to re- Carolina at Pembroke; and Parkinson’s Awareness Month; turn to the negotiation table to reach agree- Whereas March 7, 2012, marks the 125th an- (2) supports the goals and ideals of Parkin- ments associated with the conclusion of the niversary of the founding of the University son’s Awareness Month; Comprehensive Peace Agreement, to miti- of North Carolina at Pembroke: Now, there- (3) continues to support research to find gate violence in the interim, and to allow fore, be it better treatments, and eventually, a cure for full humanitarian access. Resolved, That the Senate commemorates Parkinson’s disease; the 125th anniversary of the University of (4) recognizes the people living with Par- f North Carolina at Pembroke. kinson’s who participate in vital clinical RESOLUTIONS SUBMITTED TODAY S. RES. 415 trials to advance knowledge of the disease; and Designating April 4, 2012, as ‘‘National Mr. REID. Mr. President, I ask unan- (5) commends the dedication of local and Association of Junior Auxiliaries Day’’ imous consent that we proceed to the regional organizations, volunteers, and mil- immediate consideration en bloc of the Whereas the National Association of Jun- lions of Americans across the country work- following resolutions, which were sub- ior Auxiliaries and the members of the Na- ing to improve the quality of life of persons tional Association of Junior Auxiliaries pro- mitted earlier today: S. Res. 414, S. living with Parkinson’s disease and their vide valuable service and leadership opportu- families. Res. 415, and S. Res. 416. nities for women who wish to take an active There being no objection, the Senate role in their communities; f proceeded to consider the resolutions. Whereas the mission of the National Asso- MEASURE READ THE FIRST Mr. REID. I ask unanimous consent ciation of Junior Auxiliaries is to encourage TIME—H.R. 5 member chapters to render charitable serv- that the three resolutions be agreed to, Mr. REID. Mr. President, I under- the preambles be agreed to, the mo- ices that— (1) are beneficial to the general public; and stand there is a bill at the desk, and I tions to reconsider be laid upon the (2) place a particular emphasis on pro- ask for its first reading. table en bloc, with no intervening ac- viding for the needs of children; and The PRESIDING OFFICER. The tion or debate on any of those three Whereas since the founding of the National clerk will read the bill by title for the measures, and any statements related Association of Junior Auxiliaries in 1941, the first time. to the resolutions be printed in the organization has provided strength and in- The assistant legislative clerk read RECORD. spiration to women who want to effect posi- as follows: tive change in their communities: Now, The PRESIDING OFFICER. Without A bill (H.R. 5) to improve patient access to objection, it is so ordered. therefore, be it Resolved, That the Senate— health care services and provide improved The resolutions were agreed to. (1) designates April 4, 2012, as ‘‘National medical care by reducing the excessive bur- The preambles were agreed to. Association of Junior Auxiliaries Day’’; den the liability system places on the health The resolutions, with their pre- (2) recognizes the great contributions made care delivery system. ambles, read as follows: by members of the National Association of Mr. REID. I now ask for a second S. RES. 414 Junior Auxiliaries to their communities and reading, but I object to my own re- to the people of the United States; and Commemorating the 125th anniversary of the quest. The reason I am doing this is to (3) especially commends the work of the University of North Carolina at Pembroke place the bill on the calendar under members of the National Association of Jun- Whereas the University of North Carolina rule XIV. ior Auxiliaries to better the lives of children The PRESIDING OFFICER. Objec- at Pembroke (referred to in this preamble as in the United States. ‘‘the University’’) was founded on March 7, tion is heard. S. RES. 416 1887, in Robeson County, North Carolina by The bill will be read the second time an act of the General Assembly of North Supporting the designation of April as on the next legislative day. Parkinson’s Awareness Month Carolina; f Whereas the University, originally named Whereas Parkinson’s disease is the second the Croatan Normal School, was created in most common neurodegenerative disease in SIGNING AUTHORITY response to a petition from the Indian people the United States, second only to Alz- Mr. REID. Mr. President, I ask unan- of Robeson County; heimer’s disease; imous consent that on Thursday, Whereas the University was founded for Whereas there is inadequate comprehen- the purpose of training American Indian sive data on the incidence and prevalence of March 29, through Monday, April 16, school teachers; Parkinson’s disease, as of 2011, it is esti- the majority leader, Senator WEBB, and Whereas the University opened in the fall mated that the disease affects from 500,000 to Senator ROCKEFELLER be authorized to of 1887 with 15 students and 1 teacher; 1,500,000 people in the United States; sign duly enrolled bills or joint resolu- Whereas the University moved to its Whereas although research suggests the tions. present location in Pembroke, North Caro- cause of Parkinson’s disease is a combina- The PRESIDING OFFICER. Without lina in 1909; tion of genetic and environmental factors, objection, it is so ordered. Whereas a 2-year program beyond high the exact cause and progression of the dis- school was added to the University in 1926; ease is still unknown; f Whereas the length of the program of col- Whereas there is no objective test for Par- APPOINTMENTS AUTHORITY lege studies at the University was extended kinson’s disease, and the rate of misdiag- to 4 years in 1939; nosis can be high; Mr. REID. I ask unanimous consent Whereas, in 1941, the General Assembly of Whereas symptoms of Parkinson’s disease that notwithstanding the upcoming re- North Carolina changed the name of the Uni- vary from person to person and include trem- cess or adjournment, the President of versity to Pembroke State College for Indi- ors, slowness, difficulty with balance, swal- the Senate, the President pro tempore ans; lowing, chewing, speaking, rigidity, cog- of the Senate, and the majority and Whereas, until 1953, the University was the nitive problems, dementia, mood disorders, minority leaders be authorized to make only State-supported 4-year college for Indi- such as depression and anxiety, constipation, appointments to commissions, commit- ans in the United States; skin problems, and sleep disruptions; tees, boards, conferences, or inter- Whereas, in 1969, the General Assembly of Whereas medications mask some symp- North Carolina changed the name of the Uni- toms of Parkinson’s disease for a limited parliamentary conferences authorized versity to Pembroke State University and amount of time each day, often with dose- by law, by concurrent action of the two made the University a regional State univer- limiting side effects; Houses, or by order of the Senate. sity that provided instruction at both the Whereas ultimately the medications and The PRESIDING OFFICER. Without undergraduate level and the graduate level; treatments lose their effectiveness, gen- objection, it is so ordered.

VerDate Mar 15 2010 06:00 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.087 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2283 TRIBUTE TO LAURA DOVE pointments, period, because we are not NOMINATIONS Mr. REID. Mr. President, I was sur- going to be in recess, we hope. We hope Executive nominations received by prised earlier today when I was told by the House will go along with us. But the Senate: David Schiappa and Gary Myrick that that is what Senator MCCONNELL and I DEPARTMENT OF JUSTICE have worked for and it has been accom- somebody I care about a great deal is PATRICK A. MILES, JR., OF MICHIGAN, TO BE UNITED going to leave the Senate. I am so sur- plished. STATES ATTORNEY FOR THE WESTERN DISTRICT OF So I ask unanimous consent that MICHIGAN FOR THE TERM OF FOUR YEARS, VICE MAR- prised. I served here when her dad was GARET M. CHIARA, RESIGNED. the Parliamentarian and I thought so when the Senate completes its business DANNY CHAPPELLE WILLIAMS, SR., OF OKLAHOMA, TO today, it adjourn and convene for pro BE UNITED STATES ATTORNEY FOR THE NORTHERN DIS- much of him. He was a very courageous TRICT OF OKLAHOMA FOR THE TERM OF FOUR YEARS, man. He jeopardized his position here forma sessions only, with no business VICE DAVID E. O’MEILIA, TERM EXPIRED. conducted, on the following dates and PATRICK J. WILKERSON, OF OKLAHOMA, TO BE UNITED in the Senate doing what he thought STATES MARSHAL FOR THE EASTERN DISTRICT OF was right. He looked at the law. It times, and that following each pro OKLAHOMA FOR THE TERM OF FOUR YEARS, VICE JOHN forma session, the Senate adjourn until WILLIAM LOYD, TERM EXPIRED. didn’t matter to him if it were a Re- AMTRAK BOARD OF DIRECTORS publican asking for a decision or a the next pro forma session: Monday, April 2, at 2 p.m.; Thursday, April 5, at YVONNE BRATHWAITE BURKE, OF CALIFORNIA, TO BE Democrat, he did what he thought was A DIRECTOR OF THE AMTRAK BOARD OF DIRECTORS FOR right. I have so much admiration for 11 a.m.; Monday, April 9, at 10 a.m.; A TERM OF FIVE YEARS. (NEW POSITION) Bob Dove. Thursday, April 12, at 2 p.m.; and that EXECUTIVE OFFICE OF THE PRESIDENT Then I have gotten to know his the Senate adjourn on Thursday, April PATRICIA K. FALCONE, OF CALIFORNIA, TO BE AN AS- daughter Laura, whom we all care 12, until 2 p.m. on Monday, April 16, un- SOCIATE DIRECTOR OF THE OFFICE OF SCIENCE AND less the Senate has received a message TECHNOLOGY POLICY, VICE PHILIP E. COYLE, III. about a great deal. She is somebody I DEPARTMENT OF STATE can joke with or be serious with. She from the House that it has adopted S. Con. Res. 38—which will be the ad- DOUGLAS M. GRIFFITHS, OF TEXAS, A CAREER MEM- understands what my obligation is here BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- as the majority leader and she doesn’t journment resolution—and if the Sen- ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- ate has received such a message, the DINARY AND PLENIPOTENTIARY OF THE UNITED STATES hold it against me. She knows I am OF AMERICA TO THE REPUBLIC OF MOZAMBIQUE. Senate will stand in adjournment until trying to do what I think is right. NATIONAL FOUNDATION ON THE ARTS AND THE She has been dedicated to making 2 p.m. on Monday, April 16, under the HUMANITIES provisions of S. Con. Res. 38; further, the Senate a better place during her 10 MARIA ROSARIO JACKSON, OF CALIFORNIA, TO BE A years as the assistant Republican sec- that when the Senate convenes at 2 MEMBER OF THE NATIONAL COUNCIL ON THE ARTS FOR p.m. on Monday, April 16, following the A TERM EXPIRING SEPTEMBER 3, 2016, VICE TERENCE retary. This is her last week with us so, ALAN TEACHOUT, TERM EXPIRED. prayer and pledge, the Journal of pro- for me, since we are going to go out of f session, this is her last day with us. ceedings be approved to date, the She is an example of how this oper- morning hour be deemed expired, and DISCHARGED NOMINATIONS ation works. the time for the two leaders be re- The Senate Committee on Com- Mr. President, I read through this served for their use later in the day; merce, Science, and Transportation stack of stuff very quickly. Could I further, following any leader remarks, was discharged from further consider- have arranged all that myself? No. It is the Senate will resume consideration ation of the following nominations by the Laura Doves of the Senate who of the motion to proceed to S. 2230, the unanimous consent and the nomina- allow us to get our work done. She was Paying a Fair Share Act, with the time tions were confirmed: a page, just like these young boys and until 4:30 p.m. equally divided and con- COAST GUARD NOMINATION OF VICE ADM. JOHN P. trolled between the two leaders or CURRIER, TO BE VICE ADMIRAL. girls here, as a teenager. She may work COAST GUARD NOMINATION OF REAR ADM. PAUL F. for the other party but, as far as I am their designees; and that at 4:30 p.m., ZUKUNFT, TO BE VICE ADMIRAL. the Senate proceed to executive session COAST GUARD NOMINATION OF VICE ADM. MANSON K. concerned, I never hesitated to ask her BROWN, TO BE VICE ADMIRAL. a question when somebody on this side under the previous order. COAST GUARD NOMINATION OF REAR ADM. PETER V. The PRESIDING OFFICER. Without NEFFENGER, TO BE VICE ADMIRAL. wasn’t available and she never hesi- COAST GUARD NOMINATIONS BEGINNING WITH PAT- tated to tell me what she thought or objection, it is so ordered. RICK K. ABOAGYE AND ENDING WITH WILLIAM F. CSISAR, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE give me the information I was seeking. f AND APPEARED IN THE CONGRESSIONAL RECORD ON Her work is essential and she has done FEBRUARY 1, 2012. it with dedication. PROGRAM The Senate Committee on Homeland Security and Governmental Affairs was Laura, I really have appreciated our Mr. REID. Mr. President, there will discharged from further consideration relationship. Please give my warm re- be two rollcall votes then, on Monday, of the following nomination by unani- gards to your very fine father. I have April 16. The first vote will be on heard a little about what you are going mous consent and the nomination was Judge-to-be Thacker, we hope—that confirmed: to do in the next little bit. I hope as will be the fourth circuit—and the sec- you have that motor home and come to ond vote will be a cloture vote on the CHRISTY L. ROMERO, OF VIRGINIA, TO BE SPECIAL IN- Las Vegas, hopefully this summer, you SPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF motion to proceed to the tax measure PROGRAM. will come to Searchlight, because that that is on the calendar. f will be a place you have never been—I am sure of that. What could I do with f CONFIRMATIONS you there, though? I could show you Executive nominations confirmed by my home. ADJOURNMENT UNTIL MONDAY, the Senate March 29, 2012: Anyway, I am so grateful to you for APRIL 2, 2012, AT 2 P.M. CORPORATION FOR NATIONAL AND COMMUNITY being the nice person you are. Mr. REID. If there is no further busi- SERVICE f ness to come before the Senate, I ask PHYLLIS NICHAMOFF SEGAL, OF MASSACHUSETTS, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE unanimous consent it adjourn under CORPORATION FOR NATIONAL AND COMMUNITY SERVICE ORDERS FOR MONDAY, APRIL 2, the previous order. FOR A TERM EXPIRING OCTOBER 6, 2013. TO MONDAY, APRIL 16, 2012 LISA M. QUIROZ, OF NEW YORK, TO BE A MEMBER OF The PRESIDING OFFICER. Under THE BOARD OF DIRECTORS OF THE CORPORATION FOR Mr. REID. Mr. President, I ask unan- the previous order, the Senate stands NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- PIRING FEBRUARY 8, 2014. imous consent that when the Senate adjourned until 2 p.m. on Monday, MARGUERITE W. KONDRACKE, OF TENNESSEE, TO BE A completes its business today, it ad- April 2, unless the Senate has received MEMBER OF THE BOARD OF DIRECTORS OF THE COR- PORATION FOR NATIONAL AND COMMUNITY SERVICE journ and convene for pro forma ses- a message from the House that it has FOR A TERM EXPIRING JUNE 10, 2014. sions only, with no business conducted adopted S. Con. Res. 38, in which case RICHARD CHRISTMAN, OF KENTUCKY, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE CORPORATION on the following dates. The reason we the Senate will stand adjourned until 2 FOR NATIONAL AND COMMUNITY SERVICE FOR THE RE- are going through this pro forma ses- p.m. on Monday, April 16, under the MAINDER OF THE TERM EXPIRING OCTOBER 6, 2012. sion which we thought we were through provisions of S. Con. Res. 38. FEDERAL DEPOSIT INSURANCE CORPORATION with is the House has not acted yet on Thereupon, the Senate, at 6:26 p.m., MARTIN J. GRUENBERG, OF MARYLAND, TO BE A MEM- agreeing to what we have done. But it adjourned until Monday, April 2, 2012, BER OF THE BOARD OF DIRECTORS OF THE FEDERAL DE- POSIT INSURANCE CORPORATION FOR A TERM EXPIRING is very clear there will be no recess ap- at 2 p.m. DECEMBER 27, 2018.

VerDate Mar 15 2010 06:41 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00097 Fmt 4624 Sfmt 9801 E:\CR\FM\G29MR6.119 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE S2284 CONGRESSIONAL RECORD — SENATE March 29, 2012

DEPARTMENT OF THE TREASURY DEPARTMENT OF THE TREASURY CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE THOMAS J. CURRY, OF MASSACHUSETTS, TO BE COMP- ALASTAIR M. FITZPAYNE, OF MARYLAND, TO BE A DEP- UNITED STATES OF AMERICA TO THE REPUBLIC OF TROLLER OF THE CURRENCY FOR A TERM OF FIVE UTY UNDER SECRETARY OF THE TREASURY. MALTA. YEARS. JULISSA REYNOSO, OF NEW YORK, TO BE AMBASSADOR DEPARTMENT OF HOMELAND SECURITY DEPARTMENT OF STATE EXTRAORDINARY AND PLENIPOTENTIARY OF THE MARGARET ANN SHERRY, OF VIRGINIA, TO BE CHIEF UNITED STATES OF AMERICA TO THE ORIENTAL REPUB- MICHAEL A. HAMMER, OF THE DISTRICT OF COLUMBIA, FINANCIAL OFFICER, DEPARTMENT OF HOMELAND SECU- LIC OF URUGUAY. A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, RITY. WILLIAM E. TODD, OF VIRGINIA, A CAREER MEMBER OF CLASS OF COUNSELOR, TO BE AN ASSISTANT SEC- THE SENIOR EXECUTIVE SERVICE, TO BE AMBASSADOR RETARY OF STATE (PUBLIC AFFAIRS). INTER-AMERICAN FOUNDATION EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE KINGDOM OF CAM- DEPARTMENT OF ENERGY EDUARDO ARRIOLA, OF FLORIDA, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE INTER-AMERICAN BODIA. CHARLES DEWITT MCCONNELL, OF OHIO, TO BE AN AS- FOUNDATION FOR A TERM EXPIRING OCTOBER 6, 2016. JACOB WALLES, OF DELAWARE, A CAREER MEMBER OF SISTANT SECRETARY OF ENERGY (FOSSIL ENERGY). J. KELLY RYAN, OF MARYLAND, TO BE A MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- DAVID T. DANIELSON, OF CALIFORNIA, TO BE AN AS- THE BOARD OF DIRECTORS OF THE INTER-AMERICAN COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND SISTANT SECRETARY OF ENERGY (ENERGY EFFICIENCY FOUNDATION FOR THE REMAINDER OF THE TERM EXPIR- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA AND RENEWABLE ENERGY). ING SEPTEMBER 20, 2012. TO THE TUNISIAN REPUBLIC. LADORIS GUESS HARRIS, OF GEORGIA, TO BE DIREC- PAMELA A. WHITE, OF MAINE, A CAREER MEMBER OF TOR OF THE OFFICE OF MINORITY ECONOMIC IMPACT, OVERSEAS PRIVATE INVESTMENT CORPORATION THE SENIOR FOREIGN SERVICE, CLASS OF CAREER MIN- DEPARTMENT OF ENERGY. ISTER, TO BE AMBASSADOR EXTRAORDINARY AND PLEN- MICHAEL JAMES WARREN, OF THE DISTRICT OF CO- GREGORY HOWARD WOODS, OF NEW YORK, TO BE GEN- IPOTENTIARY OF THE UNITED STATES OF AMERICA TO LUMBIA, TO BE A MEMBER OF THE BOARD OF DIRECTORS ERAL COUNSEL OF THE DEPARTMENT OF ENERGY. THE REPUBLIC OF HAITI. OF THE OVERSEAS PRIVATE INVESTMENT CORPORATION JOHN CHRISTOPHER STEVENS, OF CALIFORNIA, A CA- STATE JUSTICE INSTITUTE FOR A TERM EXPIRING DECEMBER 17, 2014. REER MEMBER OF THE SENIOR FOREIGN SERVICE, JAMES R. HANNAH, OF ARKANSAS, TO BE A MEMBER OF SAINT LAWRENCE SEAWAY DEVELOPMENT CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAOR- THE BOARD OF DIRECTORS OF THE STATE JUSTICE IN- CORPORATION DINARY AND PLENIPOTENTIARY OF THE UNITED STATES STITUTE FOR A TERM EXPIRING SEPTEMBER 17, 2013. OF AMERICA TO LIBYA. DANIEL J. BECKER, OF UTAH, TO BE A MEMBER OF THE DAVID J. MCMILLAN, OF MINNESOTA, TO BE A MEMBER TRACEY ANN JACOBSON, OF THE DISTRICT OF COLUM- BOARD OF DIRECTORS OF THE STATE JUSTICE INSTI- OF THE ADVISORY BOARD OF THE SAINT LAWRENCE BIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERV- TUTE FOR A TERM EXPIRING SEPTEMBER 17, 2013. SEAWAY DEVELOPMENT CORPORATION. ICE, CLASS OF MINISTER-COUNSELOR, TO BE AMBAS- WENONA SINGEL, OF MICHIGAN, TO BE A MEMBER OF SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF DEPARTMENT OF STATE THE ADVISORY BOARD OF THE SAINT LAWRENCE SEA- THE UNITED STATES OF AMERICA TO THE REPUBLIC OF ROBERTA S. JACOBSON, OF MARYLAND, A CAREER WAY DEVELOPMENT CORPORATION. KOSOVO. KENNETH MERTEN, OF VIRGINIA, A CAREER MEMBER MEMBER OF THE SENIOR EXECUTIVE SERVICE, TO BE AN DEPARTMENT OF JUSTICE ASSISTANT SECRETARY OF STATE (WESTERN HEMI- OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- SPHERE AFFAIRS). ANUJ CHANG DESAI, OF WISCONSIN, TO BE A MEMBER COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND ELIZABETH M. COUSENS, OF WASHINGTON, TO BE REP- OF THE FOREIGN CLAIMS SETTLEMENT COMMISSION OF PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA RESENTATIVE OF THE UNITED STATES OF AMERICA ON THE UNITED STATES FOR THE TERM EXPIRING SEP- TO THE REPUBLIC OF CROATIA. THE ECONOMIC AND SOCIAL COUNCIL OF THE UNITED NA- TEMBER 30, 2011. MARK A. PEKALA, OF MARYLAND, A CAREER MEMBER TIONS, WITH THE RANK OF AMBASSADOR. ANUJ CHANG DESAI, OF WISCONSIN, TO BE A MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- ELIZABETH M. COUSENS, OF WASHINGTON, TO BE AN OF THE FOREIGN CLAIMS SETTLEMENT COMMISSION OF COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND ALTERNATE REPRESENTATIVE OF THE UNITED STATES THE UNITED STATES FOR THE TERM EXPIRING SEP- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA OF AMERICA TO THE SESSIONS OF THE GENERAL ASSEM- TEMBER 30, 2014. TO THE REPUBLIC OF LATVIA. BLY OF THE UNITED NATIONS, DURING HER TENURE OF DENNIS J. ERBY, OF MISSISSIPPI, TO BE UNITED RICHARD B. NORLAND, OF IOWA, A CAREER MEMBER OF SERVICE AS REPRESENTATIVE OF THE UNITED STATES STATES MARSHAL FOR THE NORTHERN DISTRICT OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- OF AMERICA ON THE ECONOMIC AND SOCIAL COUNCIL OF MISSISSIPPI FOR THE TERM OF FOUR YEARS. COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND THE UNITED NATIONS. PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA UNITED STATES AGENCY FOR INTERNATIONAL TO GEORGIA. DEPARTMENT OF JUSTICE DEVELOPMENT JEFFREY D. LEVINE, OF CALIFORNIA, A CAREER MEM- MICHAEL E. HOROWITZ, OF MARYLAND, TO BE INSPEC- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- TOR GENERAL, DEPARTMENT OF JUSTICE. EARL W. GAST, OF CALIFORNIA, TO BE AN ASSISTANT ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- ADMINISTRATOR OF THE UNITED STATES AGENCY FOR DINARY AND PLENIPOTENTIARY OF THE UNITED STATES DEPARTMENT OF COMMERCE INTERNATIONAL DEVELOPMENT. OF AMERICA TO THE REPUBLIC OF ESTONIA. FREDERICK D. BARTON, OF MAINE, TO BE AN ASSIST- REBECCA M. BLANK, OF MARYLAND, TO BE DEPUTY DEPARTMENT OF STATE ANT SECRETARY OF STATE (CONFLICT AND STABILIZA- SECRETARY OF COMMERCE. ANNE CLAIRE RICHARD, OF NEW YORK, TO BE AN AS- TION OPERATIONS). FEDERAL TRADE COMMISSION SISTANT SECRETARY OF STATE (POPULATION, REFU- FREDERICK D. BARTON, OF MAINE, TO BE COORDI- GEES, AND MIGRATION). NATOR FOR RECONSTRUCTION AND STABILIZATION. JON D. LEIBOWITZ, OF MARYLAND, TO BE A FEDERAL TARA D. SONENSHINE, OF MARYLAND, TO BE UNDER LINDA THOMAS-GREENFIELD, OF LOUISIANA, A CA- TRADE COMMISSIONER FOR A TERM OF SEVEN YEARS SECRETARY OF STATE FOR PUBLIC DIPLOMACY. REER MEMBER OF THE SENIOR FOREIGN SERVICE, FROM SEPTEMBER 26, 2010. ROBERT E. WHITEHEAD, OF FLORIDA, A CAREER MEM- CLASS OF MINISTER-COUNSELOR, TO BE DIRECTOR GEN- MAUREEN K. OHLHAUSEN, OF VIRGINIA, TO BE A FED- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- ERAL OF THE FOREIGN SERVICE. ERAL TRADE COMMISSIONER FOR A TERM OF SEVEN ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- FEDERAL DEPOSIT INSURANCE CORPORATION YEARS FROM SEPTEMBER 26, 2011. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES DEPARTMENT OF JUSTICE OF AMERICA TO THE TOGOLESE REPUBLIC. JEREMIAH O’HEAR NORTON, OF VIRGINIA, TO BE A LARRY LEON PALMER, OF GEORGIA, A CAREER MEM- MEMBER OF THE BOARD OF DIRECTORS OF THE FED- KATHRYN KENEALLY, OF NEW YORK, TO BE AN ASSIST- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- ERAL DEPOSIT INSURANCE CORPORATION FOR THE RE- ANT ATTORNEY GENERAL. ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- MAINDER OF THE TERM EXPIRING JULY 15, 2013. DEPARTMENT OF HOUSING AND URBAN DINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO BARBADOS, AND TO SERVE CONCUR- DEPARTMENT OF JUSTICE DEVELOPMENT RENTLY AND WITHOUT ADDITIONAL COMPENSATION AS GREGORY K. DAVIS, OF MISSISSIPPI, TO BE UNITED MAURICE A. JONES, OF VIRGINIA, TO BE DEPUTY SEC- AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF RETARY OF HOUSING AND URBAN DEVELOPMENT. OF THE UNITED STATES OF AMERICA TO ST. KITTS AND MISSISSIPPI FOR THE TERM OF FOUR YEARS. NEVIS, SAINT LUCIA, ANTIGUA AND BARBUDA, THE COM- FEDERAL DEPOSIT INSURANCE CORPORATION MONWEALTH OF DOMINICA, GRENADA, AND SAINT VIN- FOREIGN SERVICE CENT AND THE GRENADINES. THOMAS HOENIG, OF MISSOURI, TO BE A MEMBER OF FOREIGN SERVICE NOMINATIONS BEGINNING WITH JONATHAN DON FARRAR, OF CALIFORNIA, A CAREER THE BOARD OF DIRECTORS OF THE FEDERAL DEPOSIT OLGA FORD AND ENDING WITH MARGARET SHU TEAS- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF INSURANCE CORPORATION FOR A TERM OF SIX YEARS. DALE, WHICH NOMINATIONS WERE RECEIVED BY THE MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- SENATE AND APPEARED IN THE CONGRESSIONAL NATIONAL FOUNDATION ON THE ARTS AND THE DINARY AND PLENIPOTENTIARY OF THE UNITED STATES RECORD ON FEBRUARY 2, 2012. OF AMERICA TO THE REPUBLIC OF PANAMA. HUMANITIES FOREIGN SERVICE NOMINATIONS BEGINNING WITH PHYLLIS MARIE POWERS, OF VIRGINIA, A CAREER TERRY L. MURPHREE AND ENDING WITH ANDREW J. DEEPA GUPTA, OF ILLINOIS, TO BE A MEMBER OF THE MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF WYLIE, WHICH NOMINATIONS WERE RECEIVED BY THE NATIONAL COUNCIL ON THE ARTS FOR A TERM EXPIRING MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- SENATE AND APPEARED IN THE CONGRESSIONAL SEPTEMBER 3, 2016. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES RECORD ON FEBRUARY 2, 2012. CHRISTOPHER MERRILL, OF IOWA, TO BE A MEMBER OF OF AMERICA TO REPUBLIC OF NICARAGUA. FOREIGN SERVICE NOMINATIONS BEGINNING WITH THE NATIONAL COUNCIL ON THE HUMANITIES FOR A NANCY J. POWELL, OF IOWA, A CAREER MEMBER OF MORGAN D. HAAS AND ENDING WITH STEPHEN L. WIXOM, TERM EXPIRING JANUARY 26, 2016. THE SENIOR FOREIGN SERVICE, PERSONAL RANK OF CA- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE REER AMBASSADOR, TO BE AMBASSADOR EXTRAOR- AND APPEARED IN THE CONGRESSIONAL RECORD ON NATIONAL COUNCIL ON DISABILITY DINARY AND PLENIPOTENTIARY OF THE UNITED STATES FEBRUARY 29, 2012. STEPHANIE ORLANDO, OF NEW YORK, TO BE A MEMBER OF AMERICA TO INDIA. OF THE NATIONAL COUNCIL ON DISABILITY FOR THE RE- FARM CREDIT ADMINISTRATION IN THE COAST GUARD MAINDER OF THE TERM EXPIRING SEPTEMBER 17, 2011. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STEPHANIE ORLANDO, OF NEW YORK, TO BE A MEMBER BRUCE J. SHERRICK, OF ILLINOIS, TO BE A MEMBER OF AS VICE COMMANDANT OF THE UNITED STATES COAST OF THE NATIONAL COUNCIL ON DISABILITY FOR A TERM THE BOARD OF DIRECTORS OF THE FEDERAL AGRICUL- GUARD AND TO THE GRADE INDICATED UNDER TITLE 14, EXPIRING SEPTEMBER 17, 2014. TURAL MORTGAGE CORPORATION. U.S.C., SECTION 47: GARY BLUMENTHAL, OF MASSACHUSETTS, TO BE A CHESTER JOHN CULVER, OF IOWA, TO BE A MEMBER OF MEMBER OF THE NATIONAL COUNCIL ON DISABILITY THE BOARD OF DIRECTORS OF THE FEDERAL AGRICUL- To be vice admiral FOR A TERM EXPIRING SEPTEMBER 17, 2013. TURAL MORTGAGE CORPORATION. VICE ADM. JOHN P. CURRIER CORPORATION FOR NATIONAL AND COMMUNITY JAMES MADISON MEMORIAL FELLOWSHIP THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SERVICE FOUNDATION TO A POSITION OF IMPORTANCE AND RESPONSIBILITY IN THE U.S. COAST GUARD AND TO THE GRADE INDICATED WENDY M. SPENCER, OF FLORIDA, TO BE CHIEF EXECU- CATHERINE ALLGOR, OF CALIFORNIA, TO BE A MEM- UNDER TITLE 14, U.S.C., SECTION 50: TIVE OFFICER OF THE CORPORATION FOR NATIONAL BER OF THE BOARD OF TRUSTEES OF THE JAMES MADI- AND COMMUNITY SERVICE. SON MEMORIAL FELLOWSHIP FOUNDATION FOR A TERM To be vice admiral EXPIRING SEPTEMBER 27, 2014. DEPARTMENT OF THE TREASURY REAR ADM. PAUL F. ZUKUNFT DEPARTMENT OF JUSTICE MARY JOHN MILLER, OF MARYLAND, TO BE AN UNDER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SECRETARY OF THE TREASURY. THOMAS M. HARRIGAN, OF NEW YORK, TO BE DEPUTY TO A POSITION OF IMPORTANCE AND RESPONSIBILITY IN ADMINISTRATOR OF DRUG ENFORCEMENT. THE U.S. COAST GUARD AND TO THE GRADE INDICATED UNITED STATES TAX COURT UNDER TITLE 14, U.S.C., SECTION 50: DEPARTMENT OF STATE KATHLEEN KERRIGAN, OF MASSACHUSETTS, TO BE A To be vice admiral JUDGE OF THE UNITED STATES TAX COURT FOR THE GINA K. ABERCROMBIE-WINSTANLEY, OF OHIO, A CA- TERM OF FIFTEEN YEARS. REER MEMBER OF THE SENIOR FOREIGN SERVICE, VICE ADM. MANSON K. BROWN

VerDate Mar 15 2010 06:41 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00098 Fmt 4624 Sfmt 9801 E:\CR\FM\A29MR6.004 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 29, 2012 CONGRESSIONAL RECORD — SENATE S2285

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COAST GUARD NOMINATIONS BEGINNING WITH PAT- DEPARTMENT OF THE TREASURY TO A POSITION OF IMPORTANCE AND RESPONSIBILITY IN RICK K. ABOAGYE AND ENDING WITH WILLIAM F. CSISAR, THE U.S. COAST GUARD AND TO THE GRADE INDICATED WHICH NOMINATIONS WERE RECEIVED BY THE SENATE CHRISTY L. ROMERO, OF VIRGINIA, TO BE SPECIAL IN- UNDER TITLE 14, U.S.C., SECTION 50: AND APPEARED IN THE CONGRESSIONAL RECORD ON SPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF To be vice admiral FEBRUARY 1, 2012. PROGRAM. REAR ADM. PETER V. NEFFENGER

VerDate Mar 15 2010 06:00 Mar 30, 2012 Jkt 019060 PO 00000 Frm 00099 Fmt 4624 Sfmt 9801 E:\CR\FM\A29MR6.008 S29MRPT1 tjames on DSK6SPTVN1PROD with SENATE